Terms of service
Terms of Service
Last updated: [11/9/2025]
OVERVIEW
Welcome to Rainy Day Mugs (“we”, “us”, “our”). We operate this website and store, including all related information, content, features, tools, products, and services (the “Services”). Our store is powered by Shopify, which enables us to provide the Services.
These Terms of Service (the “Terms”), together with policies referenced here (including our Privacy Policy and Refund Policy), describe your rights and responsibilities when using the Services. By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use 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 consent to allow any of your minor dependents to use the Services on devices you own or manage.
You may be asked to provide information (e.g., email, billing, payment, and shipping details). You represent and warrant that this information is accurate and complete and that you have the rights necessary to provide it.
You are responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer or assign your account.
SECTION 2 – OUR PRODUCTS
We aim to represent products as accurately as possible; however, colors and appearance can vary by device and settings. We do not warrant that product appearance or quality will meet your expectations or exactly match on-screen images.
Descriptions, pricing, and availability may change at any time without notice. We may discontinue products or limit quantities to any person, region, or jurisdiction at our discretion.
SECTION 3 – ORDERS
When you place an order, you make an offer to purchase. We may accept or decline any order at our discretion. Orders are accepted once payment is processed and we send confirmation. Please review your order carefully before submitting; we may be unable to accommodate cancellation requests once production begins. If we cannot accept or must cancel an order, we will attempt to notify you using the contact information provided at checkout.
Your purchases are subject to our Refund Policy.
You represent and warrant that purchases are for personal or household use and not for commercial resale or export.
SECTION 4 – PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged is the price in effect at the time of order and will be listed in your confirmation email. Unless expressly stated otherwise, prices exclude taxes, shipping, handling, customs, or import charges.
We may offer promotions governed by separate terms; if there is a conflict, the promotion terms control.
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) payment information is true and complete, (ii) you are authorized to use the payment method, (iii) charges will be honored by your payment provider, and (iv) you will pay all charges, including applicable taxes, shipping, and handling.
SECTION 5 – SHIPPING AND DELIVERY
Delivery times are estimates and not guarantees. We are not responsible for delays caused by carriers, customs, or events outside our control. Title and risk of loss pass to you upon transfer to the carrier. For details on processing times, tracking, and lost packages, please review our Shipping Policy and Refund Policy.
SECTION 6 – INTELLECTUAL PROPERTY
The Services and all related content (including trademarks, text, images, graphics, designs, and arrangements) are owned by Rainy Day Mugs or its licensors and are protected by applicable intellectual property laws.
You may use the Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works, publicly display, perform, republish, download, store, or transmit any material from the Services without our prior written consent.
Rainy Day Mugs names, logos, and product/service names are our trademarks. Shopify’s names and logos are trademarks of Shopify. Other marks are the property of their owners.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools “as is” and “as available” without warranties, representations, or conditions and without endorsement. We have no liability arising from or relating to your use of such tools. Your use is at your own risk and subject to the third party’s terms. Future features or tools will also be subject to these Terms.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain third-party materials or links. We are not responsible for examining or evaluating such content and do not warrant or assume liability for third-party sites, products, or services. Review the third party’s policies before engaging in any transaction. Complaints or questions regarding third-party products or services should be directed to the third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Rainy Day Mugs is powered by Shopify. However, your purchases are made directly with Rainy Day Mugs. Shopify is not responsible for any sales or issues between you and Rainy Day Mugs. You expressly release Shopify and its affiliates from claims arising out of your transactions with Rainy Day Mugs.
SECTION 10 – PRIVACY POLICY
Personal information collected through the Services is subject to our Privacy Policy and to Shopify’s privacy practices. Because our store is hosted by Shopify, information you submit may be processed by Shopify and certain partners (which may be located outside your country) to operate and improve the Services. See our Privacy Policy for details.
SECTION 11 – 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 in any medium for any purpose. You represent and warrant that you own or have rights to the Feedback, have disclosed any compensation, and that your Feedback complies with these Terms. We may monitor, edit, or remove Feedback at our discretion. You are solely responsible for your Feedback.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Information on the Services may contain errors or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, and availability. We reserve the right to correct, update, or cancel orders affected by such information at any time without prior notice (including after submission).
SECTION 13 – PROHIBITED USES
You may use the Services only for lawful purposes. You may not use the Services to: violate laws; infringe intellectual property rights; harass, defame, or harm others; transmit false or misleading information; send spam; impersonate others; upload malicious code; collect personal information of others without consent; scrape or crawl; interfere with security features; or engage in conduct that we determine may harm us, Shopify, or other users. We may suspend or terminate accounts for violations.
SECTION 14 – TERMINATION
We may terminate your access to the Services at any time without notice. You remain liable for amounts due up to and including the date of termination. Sections that by their nature should survive termination will survive, including Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, and Governing Law.
SECTION 15 – DISCLAIMER OF WARRANTIES
Except as expressly stated by Rainy Day Mugs, the Services and all products are provided “as is” and “as available,” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, durability, title, and non-infringement. We do not warrant that the Services will be uninterrupted, timely, secure, or error-free. Some jurisdictions do not allow certain disclaimers; to that extent, these disclaimers may not apply to you.
SECTION 16 – LIMITATION OF LIABILITY
To the fullest extent permitted by law, in no case shall Rainy Day Mugs, our officers, employees, affiliates, agents, contractors, service providers, or licensors (or Shopify and its affiliates) be liable for any indirect, incidental, punitive, special, or consequential damages, including lost profits, revenue, savings, data, replacement costs, or similar, arising from your use of the Services or products. Our aggregate liability to you for direct damages will not exceed the greater of (i) the amount you paid for the product giving rise to the claim or (ii) USD $100. Some jurisdictions do not allow limitations of liability; to that extent, these limitations may not apply to you. Your statutory rights (including for EU/UK consumers) are not affected.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Rainy Day Mugs, Shopify, and their respective affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of (1) your breach of these Terms or incorporated policies, (2) your violation of law or third-party rights, or (3) your use of the Services. We may control the defense and settlement at our expense; you will cooperate with us.
SECTION 18 – SEVERABILITY
If any provision of these Terms is deemed 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 19 – WAIVER; ENTIRE AGREEMENT
Our failure to enforce any right or provision is not a waiver of that right or provision. These Terms, together with policies posted on the site, constitute the entire agreement between you and us regarding the Services and supersede prior agreements and communications. Any ambiguities will not be construed against the drafting party.
SECTION 20 – ASSIGNMENT
You may not transfer or assign these Terms or any rights or obligations without our prior written consent. We may assign or transfer these Terms without notice.
SECTION 21 – GOVERNING LAW
These Terms and any disputes arising out of or relating to the Services will be governed by the laws of the State of Colorado, USA, without regard to conflicts of law principles. You consent to the exclusive jurisdiction and venue of the state and federal courts located in Colorado. If you are a consumer in the EU/UK, you also retain any mandatory rights and protections under your local consumer laws.
SECTION 22 – HEADINGS
Headings are for convenience only and do not affect interpretation.
SECTION 23 – CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms at any time on this page. We may update these Terms from time to time by posting changes on the site and, where required by law, providing notice. Changes are effective as of the posted “Last updated” date. Your continued use of the Services after changes are posted constitutes acceptance.
SECTION 24 – CONTACT INFORMATION
Questions about these Terms should be sent to support@rainydaymugs.com.
Rainy Day Mugs
Email: support@rainydaymugs.com
Mailing address available upon request.