Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Prism Candy Co.!

The terms “we,” “us,” and “our” refer to Prism Candy Co. Prism Candy Co. operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a curated shopping experience collectively referred to as the “Services.”

Prism Candy Co. is powered by Shopify, which enables us to provide the Services to you.

These terms and conditions, together with any policies referenced herein, collectively referred to as these “Terms of Service” or “Terms,” describe your rights and responsibilities when you access or use the Services.

Please read these Terms of Service carefully. They contain important information about your legal rights and cover areas including warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy, available at:

https://prismcandyco.com/policies/privacy-policy

If you do not agree to these Terms of Service or our Privacy Policy, you should not access or use the Services.

SECTION 1 — ACCESS AND ACCOUNTS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence or that you have given consent for any minor dependents under your supervision to use the Services on devices you own, purchase, or manage.

To use the Services, including browsing our online store or purchasing products, you may be asked to provide information such as your name, email address, billing information, payment information, and shipping information.

You represent and warrant that all information you provide is accurate, current, and complete and that you have the authority necessary to provide that information.

If you create an account, you are responsible for maintaining the confidentiality and security of your account credentials and for all activity conducted through your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 — OUR PRODUCTS

We make every reasonable effort to provide accurate descriptions and representations of our products.

However, product colors, packaging, proportions, and appearance may differ slightly from how they appear on your screen because of your device, display settings, lighting, photography, packaging updates, or normal variation between products.

We do not warrant that the appearance, flavor, texture, or other characteristics of a product will exactly match a customer’s expectations or appear identical to images displayed in our online store.

All product descriptions, packaging, prices, and availability are subject to change without notice at our discretion.

We reserve the right to discontinue any product at any time and may limit the quantities offered to any person, household, geographic region, or jurisdiction on a case-by-case basis.

Customers are responsible for reviewing all product descriptions, ingredient statements, allergen information, and other disclosures provided on the product packaging or website before consuming a product.

If you have questions regarding ingredients or allergens, please contact us at support@prismcandyco.com before placing your order.

SECTION 3 — ORDERS

When you place an order, you are making an offer to purchase products from Prism Candy Co.

We reserve the right to accept, reject, limit, or cancel an order for any lawful reason at our discretion. An order is not accepted until we confirm its acceptance and successfully process the required payment.

Please review your order carefully before submitting it. Because we begin processing orders promptly, we may not be able to accommodate cancellation or modification requests after an order has been accepted.

If we reject, modify, or cancel an order, we will attempt to notify you using the email address, billing address, shipping address, or telephone number provided at the time of purchase.

Purchases are subject to our Return and Refund Policy, available at:

https://prismcandyco.com/policies/refund-policy

Products purchased through our consumer online store may not be purchased for unauthorized resale or export.

Businesses interested in carrying Prism Candy Co. products for resale should contact us through the Wholesale page on our website.

We reserve the right to limit or cancel orders that appear, in our reasonable judgment, to have been placed by unauthorized dealers, resellers, distributors, or other parties attempting to purchase products for commercial resale without our approval.

SECTION 4 — PRICES AND BILLING

Prices, discounts, promotions, and product availability are subject to change without notice.

The price charged for a product will be the price displayed when the order is placed and will appear in the applicable order confirmation.

Unless otherwise stated, displayed prices do not include applicable taxes, shipping charges, handling charges, customs charges, import duties, or similar fees.

Prices displayed in our online store may differ from prices offered by physical retailers, delivery marketplaces, wholesale partners, or other third parties.

From time to time, we may offer promotions governed by separate terms and conditions. If a promotion’s specific terms conflict with these Terms, the promotion’s terms will govern solely with respect to that promotion.

You agree to provide current, complete, and accurate purchase, payment, billing, and account information for all purchases.

You agree to promptly update your information, including your email address and payment information, so that we can process transactions and contact you when necessary.

You represent and warrant that:

  1. The payment information you provide is accurate and complete.
  2. You are authorized to use the payment method provided.
  3. Charges submitted using the payment method will be honored.
  4. You will pay all charges incurred at the displayed prices, including applicable shipping charges and taxes.

SECTION 5 — SHIPPING AND DELIVERY

Orders are generally processed within the timeframe stated in our Shipping Policy. All processing and delivery times are estimates and are not guaranteed.

We are not responsible for shipping or delivery delays caused by carriers, severe weather, natural disasters, customs processing, incorrect or incomplete shipping information, transportation disruptions, or other events outside our reasonable control.

Customers are responsible for providing a complete and accurate shipping address.

Once an order has shipped, tracking information will generally be sent to the email address provided during checkout.

If an order appears to have been lost in transit or arrives damaged, incorrect, or incomplete, please contact support@prismcandyco.com in accordance with our Shipping Policy and Return and Refund Policy.

We will review the circumstances and, when appropriate, offer the customer a replacement or refund.

Our Shipping Policy is available at:

https://prismcandyco.com/policies/shipping-policy

SECTION 6 — INTELLECTUAL PROPERTY

The Services, including all trademarks, trade names, logos, branding, text, graphics, photographs, product images, videos, audio, website designs, product reviews, written content, and the selection and arrangement of such materials, are owned by Prism Candy Co., its affiliates, or its licensors and are protected by applicable intellectual-property laws.

These Terms permit you to use the Services solely for your personal, lawful, and noncommercial use.

Unless we provide prior written permission, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, sell, license, or transmit any material from the Services.

Nothing in these Terms grants you a license or other ownership right in any patent, trademark, copyright, trade dress, or other intellectual property belonging to Prism Candy Co., Shopify, or any third party.

Unauthorized use of the Services or their content may violate federal, state, and international intellectual-property laws.

The Prism Candy Co. name, logo, product names, designs, slogans, packaging, and other brand elements are trademarks or proprietary materials belonging to Prism Candy Co. or its licensors and may not be used without prior written permission.

Shopify’s names, logos, product names, service names, designs, and slogans are trademarks belonging to Shopify.

All other trademarks appearing through the Services belong to their respective owners.

SECTION 7 — OPTIONAL TOOLS

We may provide access to tools, features, applications, or services made available by third parties.

We do not necessarily monitor, control, or have input into those third-party tools.

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

To the fullest extent permitted by law, we will not be liable for losses or damages arising from your use of optional third-party tools.

Your use of third-party tools is at your own risk and discretion. You should review and understand the applicable third party’s terms and policies before using its services.

We may introduce new tools, resources, services, or features in the future. Such features will be considered part of the Services and will be subject to these Terms.

SECTION 8 — THIRD-PARTY LINKS

The Services may contain links to websites, platforms, applications, resources, or content operated by third parties, including embedded third-party functionality.

We are not responsible for reviewing, monitoring, or evaluating the accuracy, reliability, content, policies, products, or services of third-party websites.

When you leave our Services to access a third-party website or platform, you do so at your own risk.

We are not responsible for losses or damages arising from your access to third-party websites or from your purchase or use of third-party products, services, resources, or content.

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

Questions, complaints, claims, or concerns regarding third-party products or services should be directed to the applicable third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

Prism Candy Co. is powered by Shopify, which enables us to provide the Services to you.

However, purchases made through our store are made directly from Prism Candy Co.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sale between you and Prism Candy Co., including any injury, damage, loss, dispute, refund, return, delivery issue, or other claim arising from products purchased from us.

To the fullest extent permitted by law, you release Shopify and its affiliates from claims, damages, and liabilities arising from or relating to purchases and transactions made with Prism Candy Co.

SECTION 10 — PRIVACY POLICY

Personal information collected through the Services is handled in accordance with our Privacy Policy, available at:

https://prismcandyco.com/policies/privacy-policy

Certain personal information may also be subject to Shopify’s Privacy Policy.

Because the Services are hosted by Shopify, Shopify may collect and process personal information relating to your access to and use of the Services to provide, secure, maintain, and improve its platform.

Information submitted through the Services may be transmitted to and processed by Shopify and other service providers, including service providers located outside your state or country of residence.

By using the Services, you acknowledge that you have reviewed our Privacy Policy and understand how information may be collected, used, disclosed, stored, and processed.

SECTION 11 — FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, photographs, proposals, plans, comments, or other content collectively referred to as “Feedback,” you grant Prism Candy Co. a worldwide, perpetual, irrevocable, sublicensable, transferable, and royalty-free license to use, reproduce, modify, publish, distribute, display, and create derivative works from such Feedback in any lawful medium and for any lawful business purpose.

This may include using Feedback to operate, provide, evaluate, improve, and promote the Services and our products.

You represent and warrant that:

  1. You own the Feedback or possess all rights necessary to submit it.
  2. Your Feedback does not infringe the rights of any person or entity.
  3. You have disclosed any compensation or incentive received in connection with the Feedback.
  4. Your Feedback complies with these Terms and applicable law.

We are not obligated to maintain Feedback in confidence, pay compensation for Feedback, publish Feedback, or respond to Feedback.

We may monitor, edit, refuse, or remove Feedback that we determine, in our discretion, is unlawful, abusive, defamatory, obscene, misleading, infringing, harmful, or otherwise objectionable.

You may not use a false email address, impersonate another person, or misrepresent the origin of Feedback.

You remain solely responsible for the Feedback you submit and its accuracy.

SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information available through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, ingredients, packaging, pricing, promotions, offers, shipping charges, transit times, availability, or other information.

We reserve the right to correct errors, inaccuracies, or omissions and to modify or update information at any time without prior notice.

If information affecting an order is materially inaccurate, we may modify or cancel the affected order and will attempt to notify you using the contact information provided.

SECTION 13 — PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not access or use the Services, directly or indirectly:

  1. For an unlawful, fraudulent, abusive, deceptive, or malicious purpose.
  2. To violate any international, federal, state, provincial, territorial, or local law or regulation.
  3. To infringe or violate our intellectual-property rights or the rights of another person.
  4. To harass, threaten, abuse, insult, harm, defame, intimidate, or discriminate against another person.
  5. To submit false, fraudulent, or misleading information.
  6. To transmit or obtain material that violates these Terms.
  7. To transmit advertising or promotional material without authorization, including spam, junk mail, chain letters, or similar solicitations.
  8. To impersonate another person or entity.
  9. To engage in conduct that restricts another person’s use or enjoyment of the Services.
  10. To engage in conduct that may harm Prism Candy Co., Shopify, our customers, our service providers, or other users.

You also agree not to:

  1. Upload or transmit viruses, malware, malicious code, or other harmful technology.
  2. Reproduce, duplicate, copy, extract, sell, resell, or commercially exploit any portion of the Services without authorization.
  3. Collect, scrape, or track personal information belonging to others.
  4. Phish, pharm, spam, pretext, or engage in similar deceptive practices.
  5. Use robots, spiders, scraping tools, data-extraction systems, automated devices, artificial-intelligence tools, or other automated or manual methods to access or copy the Services in a manner not expressly authorized by us.
  6. Bypass, interfere with, disable, or circumvent security, authentication, access controls, robot-exclusion headers, or other protective measures.

We reserve the right to suspend, restrict, or terminate access to the Services if we reasonably believe that a person has violated these Terms.

SECTION 14 — AUTOMATED AGENTS

This section applies if you use, allow, enable, or deploy an automated or semi-automated software system to access, use, or interact with the Services.

For purposes of these Terms, an “Agent” means software or a service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, a person or entity without continuous direct human supervision.

An Agent may not access, use, or interact with the Services unless it accurately identifies itself and complies with the requirements of this section.

We may limit, restrict, block, or otherwise control whether and how Agents access or interact with the Services.

Agents must:

  1. Identify that requests originate from an Agent.
  2. Disclose the name of the Agent in the applicable user-agent string where technically appropriate.
  3. Not conceal or misrepresent that access is automated.
  4. Not mimic human activity for the purpose of bypassing access controls.
  5. Not complete or circumvent CAPTCHAs or similar verification systems.
  6. Respond truthfully to requests intended to determine whether an interaction originates from a human or automated system.
  7. Comply with requests or technical measures restricting automated access.

SECTION 15 — TERMINATION

We may suspend or terminate your access to the Services, or any part of them, if we determine that you have violated these Terms, engaged in unlawful or harmful activity, created risk for us or others, or otherwise misused the Services.

Where permitted by law, we may also discontinue all or part of the Services at our discretion.

You will remain responsible for all amounts properly due through the effective date of termination.

The provisions relating to intellectual property, feedback, disclaimers, limitations of liability, indemnification, severability, assignment, governing law, and any other provisions that by their nature should survive termination will remain in effect.

SECTION 16 — DISCLAIMER OF WARRANTIES

Information available through the Services is provided for general informational purposes.

Although we make reasonable efforts to keep information accurate and current, we do not warrant that all information will always be accurate, complete, current, or suitable for every purpose.

Any reliance placed on information provided through the Services is at your own risk.

Except as expressly stated by Prism Candy Co. or required by applicable law, the Services and products offered through the Services are provided “as is” and “as available,” without representations, warranties, or conditions of any kind, whether express or implied.

To the fullest extent permitted by law, we disclaim implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

We do not guarantee that the Services will always be uninterrupted, timely, secure, accurate, or error-free.

Some jurisdictions do not permit certain warranty disclaimers. Where such restrictions apply, these disclaimers will apply only to the maximum extent allowed by law.

SECTION 17 — LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Prism Candy Co., Shopify, and their respective owners, affiliates, partners, directors, officers, employees, agents, contractors, service providers, and licensors will not be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages arising from or relating to:

  1. Your use of or inability to use the Services.
  2. Products purchased through the Services.
  3. Unauthorized access to or alteration of information.
  4. Errors, omissions, interruptions, delays, security incidents, or service failures.
  5. Content or conduct belonging to a third party.
  6. Any other matter relating to the Services.

This limitation includes, where permitted, damages for lost profits, lost revenue, lost savings, loss of data, loss of goodwill, replacement costs, or similar losses, regardless of whether liability is alleged under contract, tort, negligence, strict liability, or another legal theory.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

SECTION 18 — INDEMNIFICATION

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Prism Candy Co., Shopify, and their respective affiliates, partners, owners, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims, liabilities, damages, losses, judgments, and reasonable legal expenses arising from:

  1. Your material breach of these Terms.
  2. Your violation of applicable law.
  3. Your infringement or violation of another person’s rights.
  4. Your unlawful or unauthorized use of the Services.

We will provide reasonable notice of an indemnifiable claim.

A failure to provide immediate notice will not relieve you of your obligations unless the delay materially prejudices your ability to respond.

We may participate in or control the defense of an indemnified claim where permitted by law. You agree to reasonably cooperate in the defense of such claims.

SECTION 19 — SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, void, or unenforceable, that provision will be enforced to the fullest extent permitted by law or severed to the minimum extent necessary.

The remaining provisions will continue in full force and effect.

SECTION 20 — WAIVER AND ENTIRE AGREEMENT

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

These Terms, together with the policies and operating rules posted through the Services, constitute the entire agreement between you and Prism Candy Co. concerning your use of the Services.

They supersede prior or contemporaneous agreements, communications, understandings, and proposals relating to the same subject matter, whether oral or written.

Any ambiguity in the interpretation of these Terms will not automatically be construed against the party that drafted them.

SECTION 21 — ASSIGNMENT

You may not assign, delegate, transfer, or license these Terms or your rights or obligations under them without our prior written consent.

Any attempted unauthorized assignment is void.

We may assign or transfer these Terms, or our rights and obligations under them, in connection with a merger, acquisition, financing, reorganization, sale of assets, transfer of business operations, or as otherwise permitted by law.

SECTION 22 — GOVERNING LAW

These Terms of Service and any separate agreements through which we provide the Services will be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict-of-law principles.

Subject to any rights or venue requirements that cannot legally be waived, legal proceedings arising from these Terms or the Services will be brought in a court of competent jurisdiction located in Florida.

SECTION 23 — HEADINGS

Headings used in these Terms are included solely for convenience.

They do not limit, alter, or otherwise affect the meaning or interpretation of any provision.

SECTION 24 — CHANGES TO THESE TERMS

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

We reserve the right to update, modify, or replace any portion of these Terms by posting the revised version through the Services.

Where required by applicable law, we will provide notice of material changes.

Unless otherwise stated, updated Terms become effective when posted.

Your continued access to or use of the Services after revised Terms take effect constitutes acceptance of the revised Terms.

SECTION 25 — CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

hello@prismcandyco.com

Our contact information is:

Prism Candy Co.
General Inquiries: hello@prismcandyco.com
Customer Support: support@prismcandyco.com
Website: https://prismcandyco.com
Business Mailing Address: 10911 Carlton Fields Dr, Riverview FL 33579
Customer-Service Phone: 757-991-3374

Prism Candy Co. does not currently provide a VAT registration number because its online store is focused on customers in the United States.