Terms of service

Welcome to Joshua Stone Crab. The terms “we,” “us,” and “our” refer to Joshua Stone Crab LLC. We operate this store and website, together with its content, tools, products, and services (the “Services”), through the Shopify platform.

These Terms of Service govern your use of our Services and describe your rights and responsibilities. By visiting, using, or making purchases through our website, you agree to these Terms and our Privacy Policy. If you do not agree, you should not use our Services.

SECTION 1 - ACCESS AND ACCOUNT

By using the Services, you represent that you are at least the age of majority in your place of residence or that you authorize your minor dependents to use the Services under your responsibility.

When required, you must provide accurate, current, and complete information, including contact, billing, payment, and shipping information. You are responsible for protecting your account credentials and for all activity conducted through your account. Your account may not be transferred, sold, or assigned to another person.

SECTION 2 - OUR PRODUCTS

We make reasonable efforts to represent our products as accurately as possible. However, colors, size, or appearance shown on your screen may vary depending on your device and its settings.

Product descriptions, availability, and quantities may change without notice. Joshua Stone Crab reserves the right to modify, limit, or discontinue products when necessary.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Joshua Stone Crab may accept, modify, or decline an order at its discretion. An order is considered accepted once it is confirmed and payment has been processed.

Please review your order carefully before submitting it, as cancellation may not be possible once the order has been accepted. If an order is modified, declined, or canceled, we will attempt to contact you using the information you provided.

Returns and refunds are governed by our Refund Policy. Purchases made through the website are for personal or household use unless Joshua Stone Crab expressly authorizes otherwise.

SECTION 4 - PRICES AND BILLING

Prices, promotions, and discounts may change without notice. The applicable price will be the price shown when the order is placed and confirmed by email. Unless otherwise stated, prices do not include taxes, shipping, handling, customs, or other applicable charges.

Customers must provide accurate and current purchase and payment information and represent that they are authorized to use the payment method provided. Customers are responsible for payment of products, shipping charges, and applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY

Delivery times are estimates and are not guaranteed. Joshua Stone Crab is not responsible for delays caused by carriers, weather conditions, customs processing, or other events outside our control.

Issues involving perishable products, damage, temperature, packaging, or delivery problems are subject to our Refund Policy and any applicable shipping policies.

SECTION 6 - INTELLECTUAL PROPERTY

The content of our Services, including names, logos, trademarks, text, photographs, graphics, videos, designs, and other materials, belongs to Joshua Stone Crab, its affiliates, or licensors and is protected by applicable intellectual property laws.

Content may be used only for personal, non-commercial purposes. You may not copy, reproduce, modify, distribute, sell, or otherwise use our content or trademarks without prior written authorization. Shopify trademarks and materials belong to Shopify, and third-party materials belong to their respective owners.

SECTION 7 - OPTIONAL TOOLS

We may provide access to tools or services offered by third parties. These tools are provided “as is” and “as available,” and their use is at the user's own responsibility and subject to the applicable provider's terms.

Any new tools or features added to the Services will also be subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

Our website may contain third-party links or functionality. Joshua Stone Crab does not control or guarantee the accuracy, content, products, services, or policies of third-party websites.

Access to and transactions with third parties are at the user's own risk. Any claims concerning third-party products or services should be directed to the applicable provider.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Joshua Stone Crab uses Shopify as the technology platform through which we provide our Services. However, sales made through our store are transactions directly between the customer and Joshua Stone Crab.

Shopify is not responsible for products sold by Joshua Stone Crab or for injuries, losses, or damages related to such purchases. By using the Services, you release Shopify and its affiliates from claims arising from your transactions with Joshua Stone Crab.

SECTION 10 - PRIVACY POLICY

Personal information collected through our Services is handled in accordance with our Privacy Policy and, where applicable, Shopify's Privacy Policy.

Because our store uses Shopify, certain information may be processed or shared with Shopify and other service providers necessary to provide the Services, including providers located outside the user's country of residence. Please review our Privacy Policy for additional information.

SECTION 11 - FEEDBACK AND SUBMISSIONS

If you submit ideas, suggestions, reviews, comments, or other content (“Feedback”), you grant us a worldwide, perpetual, royalty-free license to use, reproduce, modify, publish, and display that Feedback, including for commercial purposes.

You represent that you have the necessary rights to your Feedback and that it will not violate third-party rights or contain illegal, abusive, misleading, obscene, or malicious material. We may remove content that we consider inappropriate or inconsistent with these Terms. You are responsible for the accuracy and legality of content you submit.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS

The website may occasionally contain typographical errors, inaccuracies, or omissions relating to products, prices, promotions, availability, charges, or shipping times. We reserve the right to correct such information, update the website, or cancel orders when necessary, including after an order has been submitted.

SECTION 13 - PROHIBITED USES

The Services may only be used for lawful purposes. You may not use them to violate laws or third-party rights, harass or harm others, transmit false information, distribute spam or malicious code, collect personal information without authorization, impersonate others, or interfere with the security or operation of the website.

You may not copy, extract, sell, or exploit the content or Services without authorization, nor use robots, scraping tools, automated systems, or artificial intelligence tools to access the Services in a manner that bypasses our security measures or restrictions.

We may suspend or terminate access for users who violate these Terms.

SECTION 14 - AGENTS AND AUTOMATED SYSTEMS

If software, a service, or an automated agent accesses or interacts with our Services on behalf of a person or entity, it must properly identify itself and comply with the technical and security restrictions established by Joshua Stone Crab.

Agents may not conceal their automated nature, fraudulently imitate human interaction, bypass CAPTCHAs, or evade measures intended to control or restrict access. Joshua Stone Crab may technically restrict access by such systems when necessary.

SECTION 15 - TERMINATION

Joshua Stone Crab may suspend or terminate access to the Services, in whole or in part, when these Terms are violated or when reasonably necessary. Any outstanding payment obligations will remain in effect.

Provisions that by their nature should survive termination, including intellectual property, limitation of liability, indemnification, and governing law, will remain effective.

SECTION 16 - DISCLAIMER OF WARRANTIES

Information available through the Services is provided for general informational purposes. Although we make reasonable efforts to keep it accurate and current, we do not guarantee that it is complete, accurate, or error-free.

Unless expressly stated otherwise by Joshua Stone Crab and to the fullest extent permitted by law, the Services and products are provided “as is” and “as available,” without additional express or implied warranties. Some jurisdictions do not allow certain warranty exclusions, so these limitations may not apply in every case.

SECTION 17 - LIMITATION OF LIABILITY

To the fullest extent permitted by law, Joshua Stone Crab, its affiliates, partners, officers, employees, agents, contractors, service providers, and licensors, as well as Shopify and its affiliates, will not be liable for indirect, incidental, special, punitive, or consequential damages arising from use of the Services or products purchased through them, including lost revenue, profits, data, or replacement costs.

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

SECTION 18 - INDEMNIFICATION

You agree to indemnify and hold harmless Joshua Stone Crab, Shopify, and their respective affiliates, officers, employees, agents, contractors, licensors, and service providers from claims, losses, damages, liabilities, and reasonable expenses arising from your breach of these Terms, violation of law or third-party rights, or misuse of the Services.

You agree to reasonably cooperate in the defense of any claim covered by this provision.

SECTION 19 - SEVERABILITY

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

SECTION 20 - WAIVER AND ENTIRE AGREEMENT

Our failure to exercise or enforce any right under these Terms does not constitute a waiver of that right.

These Terms, together with the policies published on our website, constitute the entire agreement between the user and Joshua Stone Crab regarding use of the Services and replace prior agreements or communications concerning the same subject matter.

SECTION 21 - ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent. Joshua Stone Crab may transfer or assign its rights and obligations where legally permitted.

SECTION 22 - GOVERNING LAW

These Terms and any agreements related to the Services will be governed by and interpreted in accordance with the applicable laws of the jurisdiction where Joshua Stone Crab is headquartered. The parties agree to the jurisdiction of the appropriate courts, subject to any mandatory consumer rights provided by applicable law.

SECTION 23 - HEADINGS

Section titles and headings are included only for convenience and do not modify or limit the meaning of these Terms.

SECTION 24 - CHANGES TO THE TERMS OF SERVICE

The current version of these Terms will be available on our website. We may update or modify these Terms when necessary by posting the revised version on the website.

Where required by law, we will provide notice of material changes. Continued use of the Services after a change becomes effective constitutes acceptance of the updated Terms.

SECTION 25 - CONTACT INFORMATION

For questions regarding these Terms of Service, please contact:

JOSHUA STONE CRAB LLC
Email: customerservice@joshuastonecrab.com
Phone: (786) 998-9148
Address: 90 NW North River Dr, Miami, Florida 33128