Terms of service

OVERVIEW

This website, MD PRODUCT USA, is operated by Designphil America, Inc. Throughout the site, the terms “we,” “us,” and “our” refer to Designphil America, Inc. We offer this website, including all information, tools, and services available from this site, to you, the user, subject to your acceptance of the Terms of Service (the “Terms”), policies, and notices referenced herein.

By accessing or using our site and/or purchasing from us, you engage in our “Service” and agree to be bound by these Terms, including additional terms and policies available at [md-product-usa.com/policies/terms-of-service]. These Terms apply to all users of the site.

Please read these Terms carefully before using our website. By accessing any part of the site, you agree to be bound by these Terms. If you do not agree, you may not access the website or use any services.

We may update or modify these Terms at any time by posting changes on this page. Your continued use of the website constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides the e-commerce platform that allows us to sell products and services to you.

 

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you have provided consent for your minor dependents to use this site.

You may not use our products or Services for any unlawful or unauthorized purpose, or violate any applicable laws. You must not transmit any viruses, worms, or destructive code. We reserve the right to suspend or terminate access for violations of these Terms.

 

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone at any time.

You understand that your content (excluding credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service or access to the Service 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 - ORDERS 

When you place an order, you are making an offer to purchase. We reserve the right, at our sole discretion, to accept, decline, limit, or cancel any order, including limits on quantities purchased per person, per household, or per order. Such restrictions may apply to orders placed under the same customer account, payment method, or billing and/or shipping address. We also reserve the right to refuse or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

Your order is not accepted until we confirm acceptance and have received and processed your payment. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order has been accepted. If we do not accept, modify, limit, or cancel an order, we may attempt to notify you using the email address, billing address, and/or phone number provided at the time the order was placed.

Your purchases are subject to return or exchange solely in accordance with our Return Policy [md-product-usa.com/policies/refund-policy]. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

 

SECTION 4 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting more accurate, complete, or timely sources. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information, which is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time and have no obligation to update any information. You agree that it is your responsibility to monitor changes to our site.

We have made reasonable efforts to display as accurately as possible the colors and images of our products; however, we cannot guarantee that your device’s display will accurately reflect actual product colors or appearance.

 

SECTION 5 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products, as well as product descriptions and availability, are subject to change at any time without notice and at our sole discretion. We reserve the right to modify, suspend, discontinue, or limit the Service (or any part or content thereof), including the quantities of any products or services offered, at any time without notice.

We also reserve the right, on a case-by-case basis, to limit the sale of products or Services to any person, geographic region, or jurisdiction. We shall not be liable to you or any third party for any modification, price change, suspension, discontinuation, or limitation of the Service.

 

SECTION 6 – SHIPPING AND DELIVERY

Purchases are subject to our Return Policy [md-product-usa.com/policies/refund-policy], which forms part of these Terms.

Once your order has been handed to the carrier, delivery is managed by the carrier. Title to and risk of loss for products pass to you upon our delivery of the products to the carrier. Once transferred to the carrier, shipment and delivery are the responsibility of the carrier. While we are not responsible for delays or issues caused during transit or due to events outside our control (including carrier delays or customs processing), we will make reasonable efforts to assist in resolving delivery issues where possible.

 

SECTION 7 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, as well as the design, selection, and arrangement thereof, are owned by Designphil America, Inc. or its affiliates or licensors and are protected by U.S. and international intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent.

Except as expressly provided in these Terms, nothing herein grants or shall be construed as granting any license or other rights under any intellectual property rights owned by us, Shopify, or any third party. All rights not expressly granted are reserved by us.

“MD PRODUCT USA,” our name, logos, product names, service names, designs, and slogans are trademarks or trade dress of Designphil America, Inc. or its affiliates or licensors. You may not use such marks without our prior written permission.

Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the property of their respective owners.

 

SECTION 8 – BILLING, ACCOUNT, AND ORDER INFORMATION

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store. You agree to promptly update your account and related information, including your email address and payment details, so that we can complete your transactions and contact you as needed.

We reserve the right to limit, refuse, or cancel any order that, in our sole discretion, appears to be placed by dealers, resellers, distributors, or involves fraudulent or unauthorized activity.
Orders associated with the same customer account, payment method, billing address, or shipping address may be subject to review, limitation, or cancellation.

 

SECTION 9 – OPTIONAL TOOLS

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

You acknowledge and agree that such tools are provided “as is” and “as available,” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

 

SECTION 10 – THIRD-PARTY LINKS

Certain content, products, and services available through our Service may include materials from third parties. Third-party links on this site may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such third-party materials or websites and do not warrant or assume any liability or responsibility for them or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with third-party websites. Please review the third party’s policies and practices carefully and ensure that you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the relevant third party.

 

SECTION 11 - RELATIONSHIP WITH SHOPIFY

MD PRODUCT USA is powered by Shopify, which provides the e-commerce platform that enables us to offer the Services to you. However, all sales and purchases made through this store are made directly with Designphil America, Inc., operating under the MD PRODUCT USA brand.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any transactions between you and us, including without limitation any injury, damage, loss, or claim arising from purchased products or services.

You hereby release Shopify and its affiliates from all claims, damages, liabilities, and causes of action arising out of or related to your purchases or transactions with us.

 

SECTION 12 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example, contest entries), or if you send creative ideas, suggestions, proposals, plans, or other materials without a request from us, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit, or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments.

You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

 

SECTION 13 – PROHIBITED USES

In addition to other prohibitions set forth in these Terms, you are prohibited from using the site or its content:

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in any unlawful acts;

(c) to violate any applicable international, federal, state, provincial, or local laws, regulations, or ordinances;

(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(f) to submit false or misleading information;

(g) to upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Service, any related website, other websites, or the Internet;

(h) to collect or track the personal information of others;

(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;

(j) for any obscene or immoral purpose; or

(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

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

 

SECTION 14 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from the use of the Service will be accurate or reliable. We do not warrant that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

You agree that, from time to time, we may remove the Service for indefinite periods or cancel the Service at any time without notice. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided “as is” and “as available,” without any representations, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Designphil America, Inc., nor our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.

Because some jurisdictions do not allow the exclusion or limitation of liability for certain damages, including consequential or incidental damages, in such jurisdictions our liability shall be limited to the maximum extent permitted by applicable law.

 

SECTION 15 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Designphil America, Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

 

SECTION 16 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of any remaining provisions.

 

SECTION 17 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services or by ceasing to use our site.

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our Services (or any part thereof).

 

SECTION 18 – ENTIRE AGREEMENT

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

These Terms, together with any policies or operating rules posted by us on this site or in connection with the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding all prior or contemporaneous agreements, communications, and proposals, whether oral or written (including, but not limited to, any prior versions of the Terms).

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

 

SECTION 19 – 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 State of California, without regard to its conflict of law principles.

 

SECTION 20 – CHANGES TO TERMS OF SERVICE

You may review the most current version of the Terms at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website or the Service following the posting of any changes constitutes acceptance of those changes.

 

SECTION 21 – CONTACT INFORMATION

If you have any questions regarding these Terms, please contact us at support@md-product-usa.com.