Terms of service
Terms of Service
Effective Date: September 10, 2025
Business Name: Marissa Kay Co. (“Marissa Kay Co,” “we,” “us,” “our”)
Website: Marissa Kay Co
OVERVIEW
Welcome to Marissa Kay Co! The terms “we”, “us” and “our” refer to Marissa Kay Co. Marissa Kay Co operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Marissa Kay Co is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services. Please read these Terms carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms and our Privacy Policy [LINK]. If you do not agree to these Terms or the Privacy Policy, you should not use or access the Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online store or purchasing any products or services, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current and complete and that you have all rights necessary to provide it.
You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online store. However, colors or product appearance may differ from how they appear on your screen due to your device and settings. We do not warrant that the appearance or quality of any products or services will meet your expectations or be the same as depicted.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities offered to any person, region or jurisdiction.
SECTION 3 – SEED PAPER PRODUCTS: COMPLIANCE, PLANTING & USE
3.1 Regulatory compliance & shipping restrictions. Seed-embedded paper may be subject to federal, state, provincial, and international agricultural regulations (e.g., quarantines, invasive species rules, and customs restrictions). We may limit, refuse, or cancel orders to certain locations or for certain species at our discretion to comply with applicable laws. Customers are responsible for confirming whether seed paper products are permitted in their destination before purchase. We are not liable for delays, seizures, or destruction by carriers, customs, or agricultural authorities.
3.2 No germination or performance guarantee. Seed germination and growth depend on climate, planting conditions, and user care. We do not guarantee germination, growth, or any particular result. Instructions provided are general guidelines only.
3.3 Safe handling. Seed paper is for decorative and planting purposes only. Do not ingest. Keep out of reach of children and pets. Check local advisories before planting near waterways or protected areas.
3.4 Planting responsibility. By purchasing, you agree to plant responsibly and in accordance with local laws, avoiding prohibited planting zones, invasive spread, or ecological harm.
SECTION 4 – ARTWORK, LICENSING & DIGITAL FILES
4.1 Intellectual property. All artwork, designs, images, text, and content on the Services are owned by Marissa Kay Co or its licensors and are protected by copyright, trademark, and other intellectual property laws. Purchasing a product does not transfer ownership of any intellectual property.
4.2 Personal use only (unless licensed). Unless expressly stated otherwise in writing, purchases grant you a limited, non-exclusive, non-transferable license for personal, non-commercial use of the physical item purchased. You may not reproduce, distribute, resell, license, upload, or create derivative works from our designs or artwork without our prior written permission.
4.3 Licensing opportunities. Commercial use (including manufacturing, printing, distribution, or brand use) requires a separate written license agreement. To inquire, contact [licensing email or form link].
4.4 Digital items. If we offer digital downloads or files: (a) all sales are final once delivered or accessed; (b) files are for personal use unless a separate license is granted; (c) you agree not to share, resell, or redistribute the files.
SECTION 5 – ORDERS
When you place an order, you are making an offer to purchase. Marissa Kay Co reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until we confirm acceptance and process your payment. Please review your order carefully before submitting; we may be unable to accommodate cancellation requests after acceptance. If we do not accept, modify, or cancel an order, we will attempt to notify you using the contact details provided at checkout.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK]. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export (unless separately licensed).
SECTION 6 – PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed and will be set out in your order confirmation. Unless expressly stated, posted prices exclude taxes, shipping, handling, customs, and import charges.
Prices posted here may differ from prices in physical stores or third-party marketplaces. Promotions may be governed by separate terms which control in the event of conflict.
You agree to provide current, complete and accurate purchase, payment and account information and to promptly update it as needed. You represent and warrant that (i) your payment information is true and complete, (ii) you are authorized to use it, (iii) charges will be honored by your payment provider, and (iv) you will pay all charges at posted prices, including taxes and shipping, if any.
SECTION 7 – SHIPPING & DELIVERY
Delivery times are estimates only and not guaranteed. We are not responsible for delays caused by carriers, customs, or events beyond our control. Title and risk of loss pass to you upon transfer to the carrier. For seed paper shipments, additional time may be required for regulatory inspection.
SECTION 8 – REFUNDS & RETURNS
Seed paper & perishable items: Due to the perishable and regulated nature of seed products, all sales are final unless the item arrives damaged or defective.
Art prints & digital files: Non-refundable once delivered or accessed, except as required by law.
To request a remedy for damaged/defective items, contact us within [X] days of delivery with your order number and clear photos. Approved remedies may include replacement or refund at our discretion. See our Refund Policy [LINK] for details.
SECTION 9 – OPTIONAL TOOLS
You may be provided access to tools offered by third parties, which we neither monitor nor control. Such tools are provided “as is” and “as available” without warranties or endorsement, and your use is at your own risk and subject to the providers’ terms.
SECTION 10 – THIRD-PARTY LINKS
The Services may contain materials or links to third-party websites. We are not responsible for examining or evaluating third-party content and are not liable for any harm arising from your access or transactions with third parties. Review their policies before engaging in any transaction.
SECTION 11 – RELATIONSHIP WITH SHOPIFY
Marissa Kay Co is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Marissa Kay Co. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Marissa Kay Co, including any injury, damage, or loss resulting from purchased products and services. You expressly release Shopify and its affiliates from all claims arising from or related to your purchases and transactions with Marissa Kay Co.
SECTION 12 – PRIVACY POLICY
Personal information collected through the Services is subject to our Privacy Policy [LINK], and certain data may also be processed under Shopify’s Privacy Policy. Because the Services are hosted by Shopify, information you submit may be transmitted to and processed by Shopify and its service providers, which may be located outside your country. See our Privacy Policy [LINK] for details.
SECTION 13 – FEEDBACK
If you submit reviews, ideas, suggestions, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback for any purpose. You represent that you have all rights necessary to grant this license and that your Feedback complies with these Terms.
SECTION 14 – ERRORS, INACCURACIES & OMISSIONS
From time to time there may be information in the Services that contains typographical errors, inaccuracies or omissions (e.g., product descriptions, pricing, shipping charges, transit times, availability). We reserve the right to correct or update and to cancel orders if any information is inaccurate at any time without prior notice.
SECTION 15 – PROHIBITED USES
You may use the Services only for lawful purposes. Without limitation, you agree not to: violate laws; infringe IP rights; harass or harm others; transmit false, misleading, or malicious content; upload malware; scrape or spam; or interfere with security features. We may suspend or terminate access for violations.
SECTION 16 – TERMINATION
We may terminate this agreement or your access to the Services (or any part) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. Sections that by their nature should survive termination will survive.
SECTION 17 – DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY STATED BY MARISSA KAY CO, THE SERVICES AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Some jurisdictions do not allow certain disclaimers; those limitations may not apply to you.
SECTION 18 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL MARISSA KAY CO, SHOPIFY, OR THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR REPLACEMENT COSTS, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR PRODUCTS, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY. Our aggregate liability will not exceed the amount you paid for the product(s) giving rise to the claim.
SECTION 19 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Marissa Kay Co, Shopify, and their affiliates and personnel from claims, losses, liabilities, damages, and expenses (including reasonable attorneys’ fees) arising out of your breach of these Terms, violation of law or third-party rights, or misuse of the Services or products.
SECTION 20 – SEVERABILITY
If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions will remain in full force and effect.
SECTION 21 – WAIVER; ENTIRE AGREEMENT
Our failure to enforce any right or provision is not a waiver. These Terms, together with policies posted on the site (including our Privacy Policy and Refund Policy), constitute the entire agreement between you and us and supersede prior agreements regarding the Services.
SECTION 22 – ASSIGNMENT
You may not assign or transfer these Terms without our prior written consent. We may assign or transfer our rights and obligations without notice.
SECTION 23 – GOVERNING LAW
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the jurisdiction where Marissa Kay Co is headquartered, without regard to conflicts of law principles. You and Marissa Kay Co consent to venue and personal jurisdiction in the state and federal courts located in that jurisdiction.
SECTION 24 – HEADINGS
Headings are for convenience only and do not limit or affect these Terms.
SECTION 25 – CHANGES TO TERMS
You can review the most current version of the Terms at any time on this page. We may update these Terms by posting changes here. We will notify you of material changes as required by law; changes take effect on the date specified in the notice. Your continued use of the Services following changes constitutes acceptance.
CONTACT INFORMATION
Questions about the Terms should be sent to marissakayco@gmail.com
Our contact information is posted below:
Marissa Kay Co
marissakayco@gmail.com
Arizona, USA
714-473-6566
2025-001630840