Terms and Conditions

Last Updated: January 2025

1. Acceptance of Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Modern Shopping Platform ("we," "us," or "our") governing your use of our website located at sam-clubs.shop and all related services.

By creating an account, making a purchase, or otherwise using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

2. Eligibility

To use our services, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using our services under applicable laws
• Provide accurate and complete registration information
• Maintain the security of your account credentials

By using our services, you represent and warrant that you meet these eligibility requirements.

3. Account Registration and Security

3.1 Account Creation

To access certain features, you may need to create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information as necessary
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under your account

3.2 Account Termination

We reserve the right to suspend or terminate your account at our discretion if you:

• Violate these Terms and Conditions
• Engage in fraudulent or illegal activities
• Provide false or misleading information
• Abuse our services or other users

4. Products and Services

4.1 Product Information

We strive to provide accurate product descriptions, images, and pricing. However:

• Product colors may vary due to monitor settings
• We do not warrant that product descriptions are error-free
• We reserve the right to correct errors and update information
• We may discontinue products without prior notice

4.2 Pricing

• All prices are listed in USD unless otherwise stated
• Prices are subject to change without notice
• We reserve the right to correct pricing errors
• Applicable taxes and shipping fees will be added at checkout
• Promotional offers are subject to specific terms and conditions

4.3 Product Availability

Product availability is subject to change. We reserve the right to:

• Limit quantities available for purchase
• Discontinue products at any time
• Refuse or cancel orders due to unavailability
• Restrict sales to certain geographic regions

5. Orders and Payments

5.1 Order Placement

When you place an order, you agree that:

• Your order constitutes an offer to purchase products
• We may accept or decline your order at our discretion
• Order confirmation does not guarantee product availability
• We will notify you of order acceptance or cancellation

5.2 Payment Processing

• We accept major credit cards, debit cards, and other specified payment methods
• Payment must be received before order processing
• You authorize us to charge your payment method for all fees
• You are responsible for all charges incurred under your account
• All payments are processed securely through third-party payment processors

5.3 Order Cancellation

We reserve the right to cancel orders in cases of:

• Product unavailability
• Pricing or product information errors
• Suspected fraudulent activity
• Inability to verify payment information
• Violation of these Terms and Conditions

6. Shipping and Delivery

6.1 Shipping Policy

• Shipping times are estimates and not guaranteed
• We are not responsible for delays caused by carriers or customs
• You must provide accurate shipping information
• Risk of loss transfers to you upon delivery to the carrier
• Additional charges may apply for international shipping

6.2 Delivery Issues

If you experience delivery problems, please contact us within 7 days of the expected delivery date. We will investigate and work to resolve the issue.

7. Returns and Refunds

Our return and refund policies are detailed in our separate Refund Policy document. By making a purchase, you agree to comply with those terms. Key points include:

• Returns must be requested within the specified timeframe
• Products must be in original condition with packaging
• Certain products may be non-returnable
• Refunds are processed according to our Refund Policy

8. Intellectual Property Rights

8.1 Our Content

All content on our website, including but not limited to:

• Text, graphics, logos, images, and designs
• Software, code, and functionality
• Trademarks, service marks, and trade names
• Product descriptions and specifications

is owned by or licensed to Modern Shopping Platform and protected by intellectual property laws. You may not use, reproduce, modify, or distribute our content without written permission.

8.2 User Content

By submitting content (reviews, comments, photos, etc.), you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display such content for business purposes.

9. Prohibited Activities

You agree not to:

• Use our services for any illegal or unauthorized purpose
• Violate any applicable laws or regulations
• Infringe upon intellectual property rights
• Transmit viruses, malware, or harmful code
• Engage in fraudulent activities or misrepresentation
• Harass, abuse, or harm other users
• Attempt to gain unauthorized access to our systems
• Use automated tools to access or scrape our website
• Interfere with the proper functioning of our services
• Resell products for commercial purposes without authorization

10. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

• Warranties of merchantability and fitness for a particular purpose
• Warranties regarding accuracy, reliability, or completeness
• Warranties that our services will be uninterrupted or error-free
• Warranties regarding third-party products or services

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, or consequential damages
• Loss of profits, data, or business opportunities
• Damages arising from use or inability to use our services
• Damages resulting from third-party actions or products

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless Modern Shopping Platform, its officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including legal fees) arising from:

• Your use of our services
• Your violation of these Terms and Conditions
• Your violation of any rights of third parties
• Your violation of applicable laws or regulations

13. Third-Party Services

Our website may contain links to third-party websites or integrate third-party services. We are not responsible for:

• The content or practices of third-party sites
• The products or services offered by third parties
• Any damages or losses caused by third-party services

Your interactions with third parties are solely between you and the third party.

14. Privacy and Data Protection

Your use of our services is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using our services, you consent to our data practices as described in the Privacy Policy.

15. Modifications to Terms

We reserve the right to modify these Terms and Conditions at any time. Changes will be effective upon posting to our website with an updated "Last Updated" date. Your continued use of our services after such changes constitutes acceptance of the modified terms.

16. Governing Law and Dispute Resolution

16.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which our business is registered, without regard to conflict of law principles.

16.2 Dispute Resolution

Any disputes arising from these Terms or your use of our services shall be resolved through:

• Good faith negotiation between the parties
• Binding arbitration if negotiation fails
• Courts of competent jurisdiction as a last resort

17. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

18. Waiver

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

19. Entire Agreement

These Terms and Conditions, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and Modern Shopping Platform regarding your use of our services.

20. Contact Information

21. Acknowledgment

BY USING OUR WEBSITE AND SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.