Terms of service

These Terms of Service govern your access to and use of miralivia.com and every order you place through it. By browsing this site or buying from us, you agree to them. If you do not agree, please do not use the site.

In these terms, "we", "us", "our" and "MIRALIVIA" mean the operator of this store, identified in our Legal notice. "You" means the person using the site or placing an order.

1. Who may use this site

By using this site you confirm that you are of the age of majority in your province or territory of residence, or that you are of legal age and have given consent for any minor in your care to use it.

You may not use our products for any unlawful purpose, or use the site in a way that breaks the law in your jurisdiction, including copyright law. You may not transmit malicious code or attempt to interfere with, overload, probe or circumvent the security of the site. Breaching this section ends your right to use the service immediately.

2. Products, descriptions and images

We take care to describe our pieces accurately, and every product page carries its own size chart rather than one generic chart applied across the shop. Each chart states whether the measurements given are of the body or of the garment. Fabrics, trims and manufacturing runs vary slightly, and small differences between the item you receive and the photographs are normal.

We have made every effort to display colours accurately, but we cannot guarantee that your screen shows them faithfully. A difference in screen colour rendering is not a fault.

Products are offered subject to availability. We may limit quantities, restrict sales by person, household, region or order, discontinue any product, and change descriptions and specifications at any time without notice.

3. Prices

All prices are in Canadian dollars (CAD) and are subject to change without notice. Applicable taxes are calculated and shown at checkout before you pay.

Where a product shows a reference price struck through, that is the price at which the item has been or is intended to be offered outside a promotion. Promotional prices apply only while the promotion runs.

We do not price match, and we do not refund the difference if an item you bought is later reduced.

4. Discounts and promotional codes

• Discount codes are valid only for the period stated and only on qualifying items.
• Unless a promotion says otherwise, only one discount code may be used per order, and codes cannot be combined with each other.
• Automatic quantity discounts apply as shown at checkout, on qualifying items only.
• Codes have no cash value, cannot be exchanged for cash and cannot be applied to a completed order.
• Where an order is partly refunded, any discount is recalculated proportionally.
• We may withdraw or amend a promotion at any time, and may cancel orders where a code has been obtained, published or used in a way we did not intend.

5. Orders and acceptance

Placing an order is an offer to buy. The confirmation email you receive acknowledges that we have your order; it is not acceptance. The contract between us is formed when we dispatch the item.

We reserve the right to refuse or cancel any order, at our discretion, including where we suspect fraud, where an order appears to be placed by a reseller, where a product has been listed at an incorrect price, or where a product is no longer available. If we cancel an order you have already paid for, we refund it in full.

6. Pricing and listing errors

Despite our efforts, an item on this site may occasionally be listed at an incorrect price or with incorrect information. Where an item's correct price is higher than the price shown, we will contact you before dispatch and give you the choice of confirming at the correct price or cancelling for a full refund. We are not obliged to sell at an incorrect price, even after an order has been confirmed.

7. Payment

Payment is taken in full at checkout, through Shopify's payment infrastructure and the payment providers shown at checkout. We do not receive, hold or store your full card details at any point.

You confirm that you are authorised to use the payment method you supply, and that the billing information you provide is accurate and complete. We may cancel an order where payment is declined, reversed, or where verification fails.

8. Returns, cancellations and refunds

Returns, cancellations and refunds are governed by our Refund policy, which forms part of these terms. In summary: 30 days from delivery to request a return, return postage paid by you, a refund of the full amount paid for the item, and full cover at our cost where an item is faulty, damaged or incorrect. Please read that policy in full before ordering.

9. Delivery

Delivery is governed by our Shipping policy, which also forms part of these terms. Delivery estimates are estimates, not guarantees, and time is not of the essence in our contract with you.

10. Accounts

If you create an account, you are responsible for keeping your password confidential and for all activity that takes place under it. Tell us as soon as possible if you believe your account has been used without your permission. You agree to keep your account details, including your email address and payment information, accurate and up to date.

11. Reviews, photographs and other content you submit

If you submit a review, comment, photograph, suggestion or any other material, you grant us a non-exclusive, royalty-free, worldwide licence to use, reproduce, adapt, publish and display it in connection with our business, including in marketing. You keep ownership of what you submit.

You confirm that anything you submit is your own, does not infringe anyone's rights, and contains nothing unlawful, defamatory, obscene, abusive or misleading. We may — but are not obliged to — monitor, edit or remove content we consider objectionable, and we are under no obligation to keep submissions confidential, to pay for them, or to respond to them.

12. Intellectual property

All content on this site — text, photographs, illustrations, logos, graphics, page design, layout and source code — belongs to MIRALIVIA or its licensors and is protected by intellectual property law. You may not copy, reproduce, republish, distribute, adapt or exploit any part of it commercially without our written permission.

The MIRALIVIA name and logo are our trade marks. Third-party marks appearing on the site belong to their respective owners.

13. Third-party links and tools

The site may link to, or give you access to, materials and tools from third parties that we do not control or monitor. We provide them "as is" and "as available", without warranty or endorsement, and we accept no liability arising from your use of them. Please review the terms and privacy practices of any third party before you use their service.

14. Accuracy of information

Information on this site is provided for general purposes and should not be relied on as the sole basis for a decision. We are not obliged to update it, although we may do so at any time. Historical information is provided for reference and is not necessarily current.

15. Disclaimer of warranties and limitation of liability

We do not warrant that your use of the site will be uninterrupted, timely, secure or error-free, or that results obtained from it will be accurate or reliable. Except where expressly stated, the service and all products are provided "as is" and "as available", without warranty or condition of any kind.

To the fullest extent permitted by law, our total liability to you in connection with any order is limited to the amount you paid for that order. We are not liable for indirect, incidental, special or consequential loss, including loss of profit, revenue or opportunity.

Nothing in these terms excludes or limits liability for death or personal injury caused by our negligence, for fraud, or for any liability that cannot be excluded under applicable law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for consequential damages; in those jurisdictions our liability is limited to the maximum extent the law allows.

16. Indemnity

You agree to indemnify and hold harmless MIRALIVIA and its officers, agents, contractors, suppliers and service providers from any claim or demand, including reasonable legal fees, arising out of your breach of these terms or of any law or right of a third party.

17. Prohibited uses

You may not use the site or its contents: for any unlawful purpose; to solicit others to perform unlawful acts; to violate any regulation, rule or law; to infringe intellectual property rights; to harass, abuse, defame or discriminate; to submit false or misleading information; to upload malicious code; to collect or track others' personal information; to spam, phish, pretext, spider, crawl or scrape; for any obscene or immoral purpose; or to interfere with the security features of the site. We may terminate your use of the service for breaching any of these.

18. Severability

If any provision of these terms is found to be unlawful, void or unenforceable, it will be enforced to the fullest extent permitted, and the unenforceable part will be severed without affecting the validity of the remaining provisions.

19. Termination

These terms remain in effect until terminated by you or by us. You may terminate them at any time by ceasing to use the site. We may terminate them at any time, without notice, if we believe you have breached them, and you will remain liable for all amounts due up to the date of termination. Obligations incurred before termination survive it.

20. Entire agreement

These terms, together with our Refund policy, Shipping policy, Privacy policy and Legal notice, constitute the entire agreement between us and supersede any earlier communication or proposal. Our failure to enforce any right or provision is not a waiver of it. Any ambiguity will not be construed against us merely because we drafted these terms.

21. Governing law and disputes

These terms are governed by the law applicable at our place of establishment, as identified in our Legal notice. Nothing in this section deprives you of the protection of the mandatory consumer law of the province or territory where you live, or of the right to bring proceedings before the courts competent under that law.

Before starting any formal dispute, please contact us at contact@miralivia.com. In our experience, almost everything is resolved that way, and faster.

22. Changes to these terms

We may update, change or replace any part of these terms by posting the updated version on this page. It is your responsibility to check this page periodically. Continued use of the site after changes are posted means you accept them. The version that governs any order is the one published when the order is placed.

23. Contact

Questions about these Terms of Service should be sent to contact@miralivia.com.