Terms of Service

Terms of Service

This website is operated by Martha Mia’s Vero Beach. Throughout the site, the terms “we,” “us,” and “our” refer to Martha Mia’s Vero Beach.

Martha Mia’s Vero Beach offers this website, including all information, tools, products, and services available through this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our website and/or purchasing something from us, you engage in our Service and agree to be bound by these Terms of Service, including any additional terms, conditions, and policies referenced herein or available by hyperlink.

These Terms of Service apply to all users of the website, including, without limitation, browsers, customers, merchants, vendors, and content contributors.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Service.

If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any Services.

Any new features or tools added to the current store will also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page.

We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and changes to our website.

Section 1: Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province, country, or jurisdiction of residence, or that you are the age of majority and have given us consent to allow any of your minor dependents to use this website.

You may not use our products for any illegal or unauthorized purpose. You may not, in your use of the Service, violate any laws in your jurisdiction, including, without limitation, copyright laws.

You must not transmit any worms, viruses, malware, or code of a destructive nature.

A breach or violation of any of these Terms may result in immediate termination of your access to our Services.

Section 2: General Conditions

We reserve the right to refuse Service to anyone for any reason at any time, to the extent permitted by applicable law.

You understand that your content, excluding credit card information, may be transferred unencrypted and may involve:

  • Transmissions over various networks

  • Changes to conform and adapt to the technical requirements of connecting networks or devices

Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, access to the Service, or contact on the website through which the Service is provided, without our express written permission.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 3: Accuracy, Completeness, and Timeliness of Information

We are not responsible if information made available on this website is not accurate, complete, or current.

The material on this website is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, complete, or current sources of information.

Any reliance on material provided through this website is at your own risk.

This website may contain certain historical information. Historical information is not current and is provided for reference purposes only.

We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website, except where required by applicable law.

You agree that it is your responsibility to monitor changes to our website.

Section 4: Changes to Services and Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service, or any part or content thereof, without notice.

We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service, except where liability cannot lawfully be excluded.

Section 5: Conclusion of Contract

The presentation of products in our online store does not constitute a legally binding offer, but a non-binding online catalogue.

By clicking the “Buy,” “Pay Now,” “Complete Order,” or comparable checkout button, you submit an offer to purchase the selected products.

After placing your order, you may receive an automated confirmation email acknowledging receipt of your order. This email does not necessarily constitute acceptance of your order.

We reserve the right to accept, limit, cancel, or refuse an order at our discretion, subject to applicable law.

An order is considered accepted when we confirm acceptance, begin processing the order, or dispatch the products, depending on the circumstances and applicable law.

Section 6: Warranty and Defective Products

Statutory warranty rights apply where required by applicable law.

If you receive a defective, damaged, or incorrect item, please contact us as soon as reasonably possible at:

info@marthamia-verobeach.com

Please include:

  • Your full name

  • Your order number

  • A clear description of the issue

  • Photographs or video evidence, where applicable

  • A photograph of the shipping label, where relevant

We will review your request and provide further instructions in accordance with our Return and Refund Policy and applicable consumer-protection laws.

Section 7: Products or Services

Certain products or Services may be available exclusively online through our website.

These products or Services may have limited quantities and are subject to return or exchange only in accordance with our Return and Refund Policy.

We have made every reasonable effort to display the colours, designs, prints, textures, measurements, and images of our products as accurately as possible.

However, we cannot guarantee that your computer, phone, tablet, or other device will display colours and product details completely accurately.

Product appearance may also vary slightly depending on:

  • Screen settings

  • Lighting conditions

  • Photography

  • Manufacturing tolerances

  • Product size

  • Pattern placement

  • Natural fabric variations

We reserve the right, but are not obligated, to limit the sale of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis.

We reserve the right to limit the quantities of any products or Services that we offer.

All descriptions, offers, availability, and product pricing are subject to change at any time without notice, at our sole discretion.

We reserve the right to discontinue any product at any time.

Any offer made for a product or Service through this website is void where prohibited.

We do not guarantee that every product, Service, item of information, or other material purchased or obtained by you will meet every personal expectation.

This does not affect any rights you may have under applicable consumer-protection law.

Some products may be shipped directly by our fulfilment or logistics partners.

Any customs duties, import duties, taxes, clearance charges, or additional government fees are the responsibility of the customer unless expressly stated otherwise at checkout or prohibited by applicable law.

Section 8: Product Sizing and Fit

Any size charts, measurements, fitting recommendations, or sizing advice provided through our website are intended as general guidance.

Customers are responsible for reviewing the relevant size chart and product information before placing an order.

Sizing and fit may vary between products because of differences in:

  • Design

  • Fabric

  • Stretch

  • Cut

  • Manufacturing

  • Intended fit

  • Body shape

  • Personal fit preference

Where product measurements are provided, small measurement differences may occur because products are measured manually.

This Section does not limit your statutory rights or any rights provided through our Return and Refund Policy.

Section 9: Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us.

We may, at our sole discretion and subject to applicable law, limit or cancel quantities purchased per person, household, customer account, payment method, or order.

These restrictions may include orders placed by or under:

  • The same customer account

  • The same credit card or payment method

  • The same billing address

  • The same shipping address

  • Related customer information

If we change or cancel an order, we may attempt to notify you using the email address, billing address, shipping address, or telephone number provided when the order was placed.

We reserve the right to limit or prohibit orders that appear, in our reasonable judgment, to have been placed by dealers, resellers, distributors, fraudulent buyers, or unauthorized commercial purchasers.

You agree to provide current, complete, and accurate purchase and account information for all purchases made through our store.

You agree to promptly update your account and other information, including your email address, shipping details, and payment information, so that we can complete your transactions and contact you when necessary.

For more information, please review our Return and Refund Policy.

Section 10: Payment

Available payment methods will be displayed during checkout.

By submitting payment information, you confirm that:

  • You are authorized to use the selected payment method

  • The information provided is accurate and complete

  • You authorize the applicable payment amount to be charged

  • You agree to any payment-provider terms that apply to the transaction

Payments may be processed by third-party payment providers. We do not directly control every aspect of their services.

An order may be delayed, declined, cancelled, or held for verification if a payment is declined, flagged, reversed, disputed, or suspected of fraud.

Section 11: Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have control or input.

You acknowledge and agree that access to such tools may be provided “as is” and “as available,” without warranties, representations, or conditions of any kind and without endorsement.

To the fullest extent permitted by law, we shall have no liability arising from or relating to your use of optional third-party tools.

Any use of optional tools offered through the website is entirely at your own risk and discretion.

You should ensure that you are familiar with and approve of the terms provided by the relevant third-party provider.

Section 12: Third-Party Links

Certain content, products, and Services available through our Service may include materials or services provided by third parties.

Third-party links on this website may direct you to websites that are not affiliated with Martha Mia’s Vero Beach.

We are not responsible for examining or evaluating the content, accuracy, security, availability, policies, or practices of third-party websites.

We do not warrant and shall not assume liability for third-party materials, websites, products, or services, except where liability cannot legally be excluded.

We are not liable for harm or damages related to purchases, use of goods, services, resources, content, or transactions made in connection with third-party websites.

Please carefully review the policies and practices of any third party before engaging in a transaction.

Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the relevant third party.

Section 13: Comments, Feedback, Reviews, and Other Submissions

If you send us submissions, including contest entries, creative ideas, suggestions, proposals, plans, photographs, videos, reviews, comments, testimonials, or other materials, whether online, by email, by postal mail, through social media, or otherwise, you agree that we may, to the extent permitted by law, edit, copy, publish, distribute, translate, and otherwise use those submissions in any medium.

Unless otherwise required by law or expressly agreed in writing, we are under no obligation to:

  • Maintain submissions in confidence

  • Pay compensation for submissions

  • Respond to submissions

  • Publish submissions

We may, but have no obligation to, monitor, edit, reject, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene, misleading, fraudulent, or otherwise objectionable, or that violates intellectual-property rights or these Terms of Service.

You agree that your submissions will not violate the rights of any third party, including copyright, trademark, privacy, publicity, personality, or other personal or proprietary rights.

You further agree that your submissions will not contain unlawful, abusive, misleading, defamatory, or obscene material, or any virus, malware, or other destructive code.

You may not use a false email address, impersonate another person, or otherwise mislead us or third parties regarding the origin of any submission.

You are responsible for the submissions you make and their accuracy.

To the fullest extent permitted by law, we take no responsibility and assume no liability for comments or submissions posted by you or any third party.

Section 14: Customs, Import Duties, and Additional Charges

Customs-clearance charges, import duties, taxes, brokerage fees, or other government-imposed charges are not included in the product price unless clearly stated at checkout.

Where applicable, these charges are the responsibility of the customer.

We recommend reviewing your local customs and import rules before placing an order if you are unsure whether additional fees may apply.

Customs processing may also result in delivery delays outside our direct control.

Refusing a shipment because of customs duties or additional import charges does not automatically entitle the customer to a full refund. Any refund eligibility will be determined in accordance with our Return and Refund Policy and applicable law.

Section 15: Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

Please review our Privacy Policy for more information about how we collect, use, share, store, and protect your personal information.

Section 16: Errors, Inaccuracies, and Omissions

Occasionally, information on our website or in the Service may contain typographical errors, inaccuracies, or omissions.

These may relate to:

  • Product descriptions

  • Product colours

  • Sizing

  • Pricing

  • Promotions

  • Offers

  • Discounts

  • Shipping charges

  • Estimated transit times

  • Product availability

  • Inventory

  • Images

We reserve the right to correct errors, inaccuracies, or omissions, and to change or update information or cancel orders if information in the Service or on a related website is inaccurate, at any time and without prior notice, including after an order has been submitted.

Where required by law, we will provide appropriate notice or a refund.

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including pricing information, except as required by applicable law.

No specified update or refresh date should be interpreted to indicate that all information in the Service or on any related website has been modified or updated.

Section 17: Prohibited Uses

In addition to other prohibitions stated in these Terms of Service, you are prohibited from using the website or its content:

  • For any unlawful purpose

  • To solicit others to perform or participate in unlawful acts

  • To violate any international, federal, state, provincial, regional, or local laws or regulations

  • To infringe upon or violate our intellectual-property rights or the intellectual-property rights of others

  • To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or unlawfully discriminate

  • To submit false, fraudulent, or misleading information

  • To upload or transmit viruses, malware, or other malicious code

  • To collect, track, or misuse the personal information of others

  • To spam, phish, pharm, pretext, spider, crawl, scrape, or engage in comparable unauthorized activity

  • For any obscene, abusive, fraudulent, or immoral purpose

  • To interfere with or circumvent security features of the Service or any related website

  • To make fraudulent purchases

  • To test stolen payment information

  • To initiate abusive chargebacks or payment disputes

  • To impersonate another individual or business

  • To interfere with the proper operation of the website

We reserve the right to terminate or restrict your access to the Service or any related website for violating these prohibited uses.

Section 18: Disclaimer of Warranties and Limitation of Liability

We do not guarantee, represent, or warrant that your use of the Service will always be uninterrupted, timely, secure, or error-free.

We do not warrant that all results obtained through the Service will always be accurate or reliable.

You agree that we may occasionally remove the Service for indefinite periods or cancel the Service at any time without notice.

You expressly agree that your use of the Service, or inability to use the Service, is at your sole risk, except where applicable law provides otherwise.

The Service and all products and Services delivered to you through the Service are provided “as is” and “as available,” unless otherwise expressly stated by us or required by applicable law.

To the fullest extent permitted by applicable law, Martha Mia’s Vero Beach shall not be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind.

This may include, without limitation:

  • Lost profits

  • Lost revenue

  • Lost savings

  • Loss of data

  • Replacement costs

  • Similar damages

This limitation applies whether based in contract, tort, strict liability, or otherwise, arising from your use of the Service or any products purchased through the Service.

Nothing in these Terms excludes or limits liability where such an exclusion or limitation would be unlawful.

Because some jurisdictions do not allow certain exclusions or limitations of liability, our liability in those jurisdictions shall be limited to the maximum extent permitted by law.

Section 19: Indemnification

You agree, to the extent permitted by applicable law, to indemnify, defend, and hold harmless Martha Mia’s Vero Beach and its affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, employees, and representatives from claims or demands, including reasonable legal fees, made by a third party due to or arising from:

  • Your breach of these Terms of Service

  • Your violation of applicable law

  • Your violation of the rights of a third party

  • Your misuse of the Service

  • Your fraudulent, abusive, or unauthorized conduct

Section 20: Severability

If any provision of these Terms of Service is determined to be unlawful, void, invalid, or unenforceable, that provision shall be enforceable to the fullest extent permitted by applicable law.

The unenforceable portion shall be deemed severed from these Terms of Service.

Such determination shall not affect the validity and enforceability of the remaining provisions.

Section 21: Termination

The obligations and liabilities of the parties incurred before the termination date shall survive termination of this agreement where applicable.

These Terms of Service remain effective unless and until terminated by either you or us.

You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or by ceasing to use our website.

If, in our reasonable judgment, you fail or we suspect that you have failed to comply with a term or provision of these Terms of Service, we may terminate or suspend this agreement or your access to the Service without prior notice, subject to applicable law.

You will remain liable for amounts due up to and including the date of termination.

We may also deny you access to our Services, or any part thereof.

Section 22: Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.

These Terms of Service, together with any policies or operating rules posted by us on this website in respect of the Service, constitute the entire agreement and understanding between you and us concerning your use of the Service.

They supersede prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us concerning the Service.

Any ambiguities in the interpretation of these Terms of Service shall not automatically be construed against the drafting party.

Section 23: Governing Law

These Terms of Service and any separate agreements through which we provide Services shall be governed by and construed in accordance with applicable law.

For customers located in the United States, these Terms may be governed by the applicable laws of the State of Florida, without regard to conflict-of-law principles, unless another jurisdiction is required by applicable law.

For customers located outside the United States, mandatory consumer-protection laws in their country or region may also apply.

Nothing in these Terms is intended to remove or restrict consumer rights that cannot lawfully be waived.

Section 24: Changes to the Terms of Service

You can review the most current version of these Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms by posting updates and changes on our website.

It is your responsibility to review the website periodically for changes.

Your continued use of or access to the website or the Service after changes have been posted constitutes acceptance of those changes, subject to applicable law.

Section 25: Contact Information

Questions about these Terms of Service should be sent to:

Martha Mia’s Vero Beach
Vero Beach, Florida, United States
Email: info@marthamia-verobeach.com