Terms of Service

Terms of Service

Last Updated: 05/04/2025

OVERVIEW

This website is operated by Madison & Ava. Throughout the site, the terms “we”, “us”, and “our” refer to Madison & Ava.

Madison & Ava offers this website, including all information, tools, products, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein.

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

These Terms apply to all users of the website, including but not limited to browsers, customers, merchants, vendors, and contributors of content.

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

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

Any new features, tools, or functionality added to the current website shall also be subject to these Terms of Service.

We reserve the right to update, modify, or replace any part of these Terms by posting updates to our website. It is your responsibility to review this page periodically for changes.

Continued use of the website following the posting of changes constitutes acceptance of those changes.

Our store is hosted by Shopify Inc., which provides us with the online e-commerce platform that enables us to offer our products and services to you.

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, or country of residence; or
  • You have obtained consent from a parent or legal guardian for any minor dependent using this website.

You may not use our products, services, or website for any unlawful purpose.

You may not violate any applicable laws, regulations, or third-party rights while using our website, including but not limited to intellectual property laws.

You must not:

  • Upload or transmit viruses, malware, worms, or malicious code;
  • Attempt to gain unauthorized access to our systems;
  • Interfere with the security or functionality of the website;
  • Use the website in any way that may damage our business, reputation, or infrastructure.

Any breach 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.

You understand that information you provide (excluding payment information) may be transferred unencrypted across various networks and adapted to technical requirements of connecting systems or devices.

Payment information is always processed through secure encrypted connections.

You agree not to:

  • Reproduce;
  • Duplicate;
  • Copy;
  • Sell;
  • Resell;
  • Exploit;

any portion of the Service, website, content, products, or access to the Service without our prior written consent.

The headings used throughout these Terms are provided for convenience only and shall not affect the interpretation of these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

The information provided on this website is intended for general informational purposes only.

While we strive to keep all information accurate and up to date, we do not guarantee that all content is:

  • Accurate;
  • Complete;
  • Current;
  • Error-free.

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

We reserve the right to:

  • Modify website content;
  • Correct errors;
  • Update information;
  • Remove information;

at any time without prior notice.

Certain information on the website may contain historical references that are provided solely for informational purposes and may no longer be current.

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

SECTION 4 – THE OFFER

Any offer presented on this website may be subject to limitations, conditions, availability, or expiration dates.

Where applicable, such limitations or conditions will be clearly stated.

All offers are non-binding, and Madison & Ava reserves the right to modify, adjust, suspend, or withdraw offers at any time.

We make every reasonable effort to provide accurate product descriptions and images.

Product descriptions are intended to provide sufficient information for customers to make informed purchasing decisions.

However:

  • Product measurements are approximate;
  • Product colors may vary depending on screen settings;
  • Fabric textures may appear differently across devices;
  • Slight manufacturing variations may occur.

Product images are intended to represent products as accurately as possible, but we cannot guarantee exact visual representation.

Obvious errors, inaccuracies, or pricing mistakes do not bind Madison & Ava and may be corrected without notice.

Each offer contains information regarding:

  • Product pricing;
  • Shipping charges;
  • Delivery expectations;
  • Payment methods;
  • Return eligibility;
  • Customer rights and obligations.

Where products are imported, customs duties, import taxes, or local fees may apply depending on the customer’s jurisdiction.

Such charges are the responsibility of the customer unless explicitly stated otherwise.

SECTION 5 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for products may change without notice.

We reserve the right at any time to:

  • Modify products;
  • Discontinue products;
  • Change pricing;
  • Suspend services;
  • Remove content;
  • Restrict access to portions of the website.

We shall not be liable to you or any third party for any modification, suspension, discontinuation, or price adjustment.

SECTION 6 – PRODUCTS OR SERVICES

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

These products may:

  • Have limited quantities;
  • Be offered for limited periods;
  • Be discontinued without notice.

All products are subject to availability.

We reserve the right to limit sales of any product or service to any individual, geographic region, jurisdiction, or customer account.

Such limitations may be applied on a case-by-case basis.

We have made every effort to display product colors, images, and descriptions as accurately as possible.

However, due to differences in:

  • Lighting;
  • Photography;
  • Screen calibration;
  • Fabric characteristics;

the actual product may vary slightly from the images displayed on the website.

We do not guarantee that products, services, information, or other materials purchased through our website will fully meet individual expectations.

We also do not guarantee that any errors within the Service will be corrected immediately.

SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse, limit, or cancel any order placed through our website.

This may include, but is not limited to:

  • Orders suspected of fraud;
  • Duplicate orders;
  • Orders placed using inaccurate information;
  • Orders that violate these Terms;
  • Orders affected by pricing or inventory errors.

We may limit or cancel quantities purchased per person, household, payment method, billing address, shipping address, or customer account.

If an order is modified or canceled, we may attempt to notify you using the email address, phone number, or billing information provided at checkout.

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

You further agree to promptly update your account information, including:

  • Email address;
  • Shipping address;
  • Billing address;
  • Payment details;

so that transactions can be completed successfully and communications can be delivered when necessary.

SECTION 8 – OPTIONAL TOOLS

We may provide access to third-party tools, software, applications, or integrations that we neither monitor nor control.

Such tools are provided on an “as is” and “as available” basis without warranties, representations, or conditions of any kind.

We do not guarantee:

  • Availability;
  • Reliability;
  • Accuracy;
  • Performance;

of any third-party tools.

Your use of optional third-party tools is entirely at your own risk and discretion.

You should review and approve the applicable terms provided by the relevant third-party providers before using their services.

Future features, services, tools, or resources introduced through the website shall also be subject to these Terms of Service.

SECTION 9 – THIRD-PARTY LINKS

Certain content, products, services, and resources available through our website may include materials provided by third parties.

Third-party links may direct you to websites that are not affiliated with Madison & Ava.

We are not responsible for:

  • Examining third-party content;
  • Evaluating third-party content;
  • Monitoring third-party websites;
  • Verifying the accuracy of third-party information.

Accordingly, we assume no responsibility or liability for any third-party materials, products, services, websites, or resources.

Any interactions, purchases, or transactions conducted through third-party websites are solely between you and the third party.

We encourage you to review the policies and practices of third-party websites before engaging in any transaction.

SECTION 10 – USER COMMENTS, FEEDBACK AND SUBMISSIONS

If you submit comments, reviews, testimonials, suggestions, ideas, proposals, or other materials to us, whether requested or unsolicited, you agree that we may use such submissions without restriction.

We may, at our discretion:

  • Edit;
  • Copy;
  • Publish;
  • Translate;
  • Distribute;
  • Reproduce;

such materials in any medium.

We are under no obligation to:

  • Maintain submissions in confidence;
  • Provide compensation;
  • Respond to submissions.

We reserve the right to monitor, edit, remove, or reject content that we determine to be:

  • Unlawful;
  • Offensive;
  • Abusive;
  • Defamatory;
  • Obscene;
  • Fraudulent;
  • Misleading;
  • In violation of any third-party rights.

You are solely responsible for the accuracy and legality of any content you submit.

SECTION 11 – PERSONAL INFORMATION

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

By using our website, you consent to the collection, processing, and storage of information in accordance with our Privacy Policy.

For more information regarding how we handle personal data, please refer to our Privacy Policy available on our website.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on our website may contain:

  • Typographical errors;
  • Pricing errors;
  • Product description inaccuracies;
  • Inventory inaccuracies;
  • Promotional inaccuracies;
  • Shipping information errors.

We reserve the right to:

  • Correct errors;
  • Update information;
  • Cancel orders;
  • Refuse orders;

at any time and without prior notice.

This includes situations where an order has already been submitted.

We are not obligated to update, amend, or clarify information except where required by applicable law.

No specified update date should be interpreted as indicating that all information on the website has been modified or updated.

SECTION 13 – PROHIBITED USES

You may not use the website, its content, or our services:

  • For unlawful purposes;
  • To violate any applicable laws or regulations;
  • To infringe intellectual property rights;
  • To harass, abuse, threaten, or discriminate against others;
  • To submit false or misleading information;
  • To upload malicious software or code;
  • To collect personal information belonging to others;
  • To spam, scrape, crawl, or harvest website content;
  • To interfere with website security;
  • To attempt unauthorized access to systems or accounts;
  • To conduct fraudulent activities;
  • To distribute harmful content.

We reserve the right to terminate access to the Service immediately if we determine that you have violated any prohibited use.

SECTION 14 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee that your use of our website or services will be:

  • Uninterrupted;
  • Timely;
  • Secure;
  • Error-free;
  • Completely reliable.

You expressly agree that your use of the Service is at your sole risk.

All products, services, content, and information provided through the website are offered on an “as is” and “as available” basis.

To the fullest extent permitted by applicable law, Madison & Ava disclaims all warranties, whether express or implied, including but not limited to:

  • Merchantability;
  • Fitness for a particular purpose;
  • Non-infringement;
  • Durability;
  • Accuracy.

In no event shall Madison & Ava, its owners, employees, affiliates, contractors, suppliers, service providers, or partners be liable for:

  • Direct damages;
  • Indirect damages;
  • Incidental damages;
  • Consequential damages;
  • Punitive damages;
  • Special damages;
  • Lost profits;
  • Lost revenue;
  • Lost savings;
  • Lost opportunities;
  • Data loss.

This limitation applies regardless of whether the claim is based on contract, negligence, strict liability, tort, or any other legal theory.

Where certain jurisdictions do not permit the exclusion or limitation of liability, our liability shall be limited to the maximum extent permitted by applicable law.

SECTION 15 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Madison & Ava, its owners, affiliates, partners, employees, contractors, suppliers, service providers, and agents from and against any claim, demand, liability, loss, damage, cost, or expense, including reasonable attorneys’ fees, arising out of or related to:

  • Your breach of these Terms of Service;
  • Your violation of any law or regulation;
  • Your infringement of any third-party rights;
  • Your misuse of the website, products, or services;
  • Any content or information submitted by you.

This indemnification obligation shall survive the termination of these Terms and your use of the website.

SECTION 16 – SEVERABILITY

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

The unenforceable portion shall be deemed severed from these Terms without affecting the validity and enforceability of the remaining provisions.

The remaining provisions shall continue in full force and effect.

SECTION 17 – TERMINATION

These Terms of Service remain effective unless and until terminated by either you or Madison & Ava.

You may terminate these Terms at any time by discontinuing your use of the website and our services.

We reserve the right to suspend, restrict, or terminate your access to the website, products, or services at any time, without notice, if we reasonably believe that:

  • You have violated these Terms;
  • You have engaged in fraudulent activity;
  • You have misused our services;
  • Your actions may cause harm to Madison & Ava, our customers, or third parties.

Upon termination, all obligations and liabilities incurred prior to termination shall survive.

SECTION 18 – ENTIRE AGREEMENT

These Terms of Service, together with any policies, guidelines, notices, and legal documents published on our website, constitute the entire agreement between you and Madison & Ava regarding your use of the website and services.

These Terms supersede all prior communications, negotiations, proposals, representations, or agreements, whether oral or written.

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

SECTION 19 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide products or services shall be governed by and construed in accordance with the laws applicable to the operation of Madison & Ava.

Any disputes arising out of or relating to these Terms, the website, products, or services shall be resolved in accordance with applicable law and submitted to the courts having proper jurisdiction over such matters.

Nothing in these Terms shall limit any consumer rights that may apply under mandatory laws of your jurisdiction.

SECTION 20 – CHANGES TO THESE TERMS OF SERVICE

You may 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, replace, or amend any portion of these Terms by posting changes to our website.

It is your responsibility to review these Terms periodically.

Your continued access to or use of the website following the posting of any updates constitutes acceptance of those changes.

If you do not agree to any modifications, you should discontinue use of the website and services.

SECTION 21 – CONTACT INFORMATION

Questions regarding these Terms of Service should be directed to:

Company Name: Madison & Ava

Email: info@madison-ava.com

Customer Support Hours

Monday – Friday: 8:00 AM – 6:00 PM (Eastern Time)

Saturday – Sunday: 10:00 AM – 4:00 PM (Eastern Time)

Average Response Time

Within 12 hours.

We are committed to providing timely assistance and will do our best to respond to all inquiries as quickly as possible.