Terms of Service

Last updated: September 3rd 2026

OVERVIEW

This website is operated by Mitchell Buchan. Throughout the site, the terms "we", "us" and "our" refer to Mitchell Buchan. We operate this store and website, including all related content, features, tools, products and services (the "Services"), to provide you, the customer, with a shopping experience. Our store is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referred to in them ("Terms"), set out your rights and responsibilities when you use the Services. Please read them carefully, as they contain important information including our returns position and limits on our liability.

By visiting, browsing or purchasing from this site, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, please do not use the Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you confirm that you are at least the age of majority where you live, or that you have the consent of a parent or guardian to use the Services.

To use the Services, including browsing our store or purchasing any product, you may be asked to provide information such as your name, email address, billing address, shipping address and payment details. You represent and warrant that all information you provide is accurate, current and complete, and that you are authorized to provide it.

You are solely responsible for keeping your account credentials secure and for all activity that occurs under your account. You may not sell, transfer, assign or license your account to anyone else.

SECTION 2 - OUR PRODUCTS

We make every effort to display our products accurately. Colors, textures and finishes may appear differently depending on your screen, device and settings, and we cannot guarantee that what you see on screen exactly matches the physical product.

Product descriptions, specifications and availability are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time, and to limit the quantities of any product we sell to any person, region or jurisdiction.

SECTION 3 - ORDERS

When you place an order you are making an offer to purchase. We reserve the right to accept or decline any order at our discretion. Your order is not accepted until we confirm it and your payment has been processed successfully.

Please review your order carefully before submitting it. Once an order is accepted we may not be able to change or cancel it. If we decline, change or cancel an order, we will attempt to contact you using the email address or phone number provided at the time the order was placed.

You represent and warrant that your purchases are for your own personal use and not for commercial resale or export.

SECTION 4 - RETURNS

All sales are final. We do not accept returns or exchanges for change of mind, incorrect sizing, or any other reason, except where a product arrives faulty, damaged or materially different from its description.

If your product is faulty, contact us at hello@mitchellbuchan.com within 14 days of delivery with your order number and clear photographs of the fault. Where a fault is confirmed, we will repair, replace or refund the product at our discretion. This does not affect any rights you have under the consumer laws of your country of residence.

SECTION 5 - PRICES AND BILLING

Prices are displayed in the currency shown at checkout. Prices, discounts and promotions are subject to change without notice. The price that applies to your order is the price displayed at the time you place it, as set out in your order confirmation email.

Unless expressly stated otherwise, posted prices do not include shipping, handling, duties, customs charges or import taxes, which are your responsibility.

We may offer promotions from time to time that are governed by terms separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will govern.

You represent and warrant that the payment details you provide are true, correct and complete, that you are authorized to use the payment method, and that you will pay all charges incurred at the posted prices, including shipping and any applicable taxes.

SECTION 6 - SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, weather, or any other event outside our control. Once we transfer products to the carrier, title and risk of loss pass to you.

SECTION 7 - INTELLECTUAL PROPERTY

Our Services, including the Mitchell Buchan name, logos, designs, graphics, photography, product imagery, text, video and audio, and the selection and arrangement of that content, are owned by or licensed to us and are protected by copyright, trademark and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, copy, modify, distribute, republish, create derivative works from, publicly display or commercially exploit any part of the Services without our prior written consent.

Nothing in these Terms grants or shall be construed as granting any license or right in our trademarks or intellectual property, or in those of Shopify or any third party. All rights not expressly granted herein are reserved.

SECTION 8 - OPTIONAL TOOLS AND THIRD-PARTY LINKS

The Services may include tools, apps or embedded features provided by third parties, which we neither monitor nor control. These are provided "as is" and "as available", without warranties, representations or conditions of any kind and without endorsement. Your use of them is entirely at your own risk and discretion, and we have no liability arising from that use.

The Services may also contain links to websites operated by third parties. We are not responsible for examining or evaluating the content, accuracy, products or practices of those websites. If you leave the Services to access them, you do so at your own risk. Please review their terms and policies before engaging in any transaction. Complaints, claims or questions regarding third-party products and services should be directed to that third party.

SECTION 9 - SHOPIFY

Our store is powered by Shopify, which enables us to provide the Services to you. However, any sale or purchase you make is made directly with Mitchell Buchan. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and us, including any injury, damage or loss resulting from products purchased. You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with us.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may also be subject to Shopify's own privacy policy. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes information about your access to and use of the Services in order to provide and improve them. Information you submit may be transmitted to, stored in and processed in countries other than the one in which you reside.

SECTION 11 - FEEDBACK

If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display that Feedback in any medium for any purpose, including commercial use.

You represent and warrant that you own or have all necessary rights to any Feedback you submit, that it does not violate any right of any third party, and that it is not unlawful, defamatory, abusive, obscene or misleading. We are under no obligation to keep Feedback confidential, to pay compensation for it, or to respond to it. We may, but have no obligation to, monitor, edit or remove Feedback at our sole discretion. You are solely responsible for any Feedback you submit and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times or availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time without prior notice, including after you have submitted your order. Where an order is canceled for this reason, we will refund you in full.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not use the Services:

(a) for any unlawful, fraudulent or malicious purpose; (b) to violate any international, federal, state or local law, regulation or ordinance; (c) to infringe our intellectual property rights or those of any other party; (d) to harass, abuse, insult, defame, disparage, intimidate or harm any person; (e) to transmit false or misleading information; (f) to send any advertising or promotional material, including junk mail, chain letters or spam; (g) to impersonate any person or entity; (h) to upload or transmit viruses or any other malicious code; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) to collect or track the personal information of others; or (k) to interfere with or circumvent the security features of the Services or any related website.

We reserve the right to suspend, disable or terminate your access at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 14 - TERMINATION

We may terminate this agreement or your access to the Services (or any part of them) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 15 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL MITCHELL BUCHAN, OUR PARTNERS, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA OR REPLACEMENT COSTS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT PURCHASED THROUGH THEM, EVEN IF ADVISED OF THEIR POSSIBILITY.

WHERE LIABILITY CANNOT BE EXCLUDED, OUR TOTAL LIABILITY IS LIMITED TO THE AMOUNT YOU PAID FOR THE PRODUCT OR ORDER GIVING RISE TO THE CLAIM.

SECTION 16 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Mitchell Buchan, Shopify, and our respective affiliates, partners, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

SECTION 17 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such a determination shall not affect the validity and enforceability of any remaining provisions.

SECTION 18 - WAIVER; ENTIRE AGREEMENT

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

These Terms of Service, together with any policies posted by us on this site, constitute the entire agreement between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, including any prior versions of these Terms of Service.

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

SECTION 19 - ASSIGNMENT

You may not delegate, transfer or assign these Terms or any of your rights or obligations under them without our prior written consent, and any such attempt will be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 20 - GOVERNING LAW

These Terms of Service, and any separate agreement whereby we provide you the Services, shall be governed by and construed in accordance with the laws of the jurisdiction in which Mitchell Buchan is based. You and Mitchell Buchan consent to venue and personal jurisdiction in the courts of that jurisdiction.

SECTION 21 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 22 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, in our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to this page. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 23 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at hello@mitchellbuchan.com.