Terms of service

TERMS AND CONDITIONS

OVERVIEW

This website is operated by MPM Hobbies via Shopify. Throughout the site, the terms “we”, “us” and “our” refer to MPM Hobbies or mpmhobbies.com. MPM Hobbies offers the products listed on our website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here and on the website.

Additionally, by clicking the checkbox on the cart page on our website, mpmhobbies.com, that states “I agree with the terms and conditions” also known as a "clickwrap agreement," is considered legally binding, equal to a traditional signature on a written contract. Courts across the U.S., recognize that clicking to agree to terms and conditions is a form of assent that creates a legally binding agreement.  By clicking the checkbox on the cart page that states “I agree with the terms and conditions” also known as a "clickwrap agreement,” required before you the consumer can make your purchase, you are providing the necessary mutual assent required to form a contract between you the consumer and MPM Hobbies legally binding you to the terms and conditions set forth therein.  

SECTION 1 - ONLINE STORE TERMS

1. You are required to read, adhere to and follow our "Purchase Options and Cancellations", "Refunds, Returns or Exchanges", "Privacy", "ADA" and "Shipping" policies in addition to information contained in these terms and conditions before making your purchase. The link to these policies is in the footer section (bottom) of our website pages.  Additionally, MPM Hobbies reserves the right to ban any customer who fails to adhere to and follow our, website notices or these Terms and Conditions. 

2. Orders containing only items denoted as "In Stock" are generally shipped within two business days.

3. Fees, you are required to pay the fees listed in our “Purchase Options and Cancellations” and "Refunds, Returns or Exchanges" policies. 

4. Christmas cutoff dates will be annotated in a banner at the top of each website page not including our checkout page.  Our priority is to get all orders purchased on or before the cutoff date shipped in time for Christmas delivery.  

5.  By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by our terms and conditions (“Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

6. Please read these Terms and Conditions carefully. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

7. Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

8. Our store is hosted at Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our products and services to you.

9. By agreeing to these Terms and Conditions, you represent that you are at least 18 years old or older.  Customers under the age of 18 are not permitted to make purchases from MPM Hobbies. 

10. You may not use our products or website for any illegal or unauthorized purpose, nor will you violate any laws pertaining to copyright or intellectual properties.

11. You must not transmit any worms or viruses or any code of a destructive nature to our website, third parties or any email addresses listed.

12. A breach/violation of these Terms and Conditions by any customer will result in being banned from making future purchases at the discretion of MPM Hobbies.  

13. It is imperative that the email you provided is correct and that our emails to you are not automatically sent to the spam or junk folder.

14. Promotions/discounts are configured automatically to trigger once the minimum threshold is reached. If your order does not state the promotion has been applied upon checkout then your order does not meet the minimum qualifications.

15. It is imperative that you take our business policies, website notifications and these Terms and Conditions just as seriously as you would the big companies and corporations.

16.  Price markdowns and/or sale stickers are MSRP/Suggested retail price markdown to our listed sale price.

17.  We do not back order any products.  

SECTION 2 - GENERAL CONDITIONS

1. We reserve the right to refuse service to anyone at any time, cancel or modify orders and "ban" or forbid customers from making purchases.  

2. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

3. You agree not to reproduce, duplicate, copy or exploit any information, to include pictures, contained on our website without express written permission by us or the manufacturer.   

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

5. MPM Hobbies is a retailer and not a wholesaler, distributor or supplier.  You are forbidden by MPM Hobbies to purchase products for the sole intent/purpose of reselling them.

6. MPM Hobbies is not obligated to notify any banned customer before or after they have been forbidden from making purchases. 

7.  We are not responsible for or will be liable for the information contained in 3rd party advertisements, links, information or websites that is contrary to the information on our website.    

8.  You understand that State of Florida and federal laws apply.  Jurisdiction for any civil litigation or mediation will be Nassau County Florida.  

SECTION 3 - LEGAL FEES AND COSTS

1. MPM Hobbies shall have the right to collect from you all reasonable costs to include fees, necessary disbursements, legal and attorney fees, court costs, lost wages, damages, process server cost or any monies incurred upon us in enforcing our terms and conditions and our store policies.

2. You agree that the Right to Venue for all litigations, mediation, arbitration, court hearings or small claims shall take place in Nassau County Florida.

SECTION 4 – CHARGEBACKS, PAYMENT DISPUTES, CREDIT DISPUTES, OR DISPUTES

1. You agree to provide us with a 48-hour notice via email before initiating chargebacks, payment disputes, credit disputes, or disputes via your credit issuing agency.  Our contact information for email is available via the “Contact Us” or “Contact MPM Hobbies” links located at the top or bottom of our website pages.  The 48-hour email notice shall contain the following:

A.  Indicate your intent to initiate a chargeback, payment dispute, credit dispute, or dispute via your credit issuing agency in the subject line of the email.

B.  Provide your first and last name, the order number, date of purchase and indicate an alternate email address should you choose to have us respond to that address rather than the one you used to send the notice.  Input this information in the body of the email.

C. Provide the reason you are going to initiate a chargeback, payment dispute, credit dispute, or dispute in the body of the email.

2. We will pursue legal action if we feel the chargeback is fraudulent, invalid, a breach of this contract or otherwise filed with malicious intent, regardless of the amount owed to us.  We also do not tolerate "friendly" fraud.  You are highly recommended to research the legal aspects of chargebacks in addition to the information provided to you by your financial institution.   

3. Chargebacks negatively affect our chargeback ratio, also known as the chargeback-to-transaction ratio.  This action against MPM Hobbies can lead to increased fees, potential account suspension, or even account termination whether we win or lose the dispute.

SECTION 5 – CONTACTING MPM HOBBIES

1. We do not have a dedicated customer service team or member.  Customer service issues are primarily handled by Patricia Meeks (owner) and Mike Meeks (owner) would be the secondary point of contact.  Both of their contact information is listed in the “Contact Us” or “Contact MPM Hobbies” links located at the top or bottom of our website pages. 

2. Patricia Meeks is a full-time public-school teacher, and Mike Meeks does tractor work and helps maintain a small farm.  They are not always available to take your calls or respond immediately to your phone call message.  The best way to contact them is via email or text.

SECTION 6 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

1. We are not responsible if product information made available on this website is not accurate, complete or current.

2. The product information on our website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the product information on our website is at your own risk.

3. This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any product information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 7 - MODIFICATIONS TO THE SERVICE AND PRICES

1. Prices for our products are subject to change without notice.

2. We reserve the right at any time to modify, suspend or discontinue any service, price change, purchase option, website notification or information, policy or these Terms and Conditions (or any part or content thereof) without notice of modification, suspension or discontinuance at any time.

3. We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of any service, price change, purchase option, website notification or information, policy or these Terms and Conditions (or any part or content thereof).

4. We are not obliged to inform anyone when or if our promotions or discounts will expire. 

SECTION 8 - PRODUCTS OR SERVICES

1. Our products and/or services are available exclusively online. These products or services may have limited quantities and are subject to return, refund or exchange only in accordance with our Purchase Options and Cancellations policy and/or our Refunds, Returns or Exchanges policy.

2. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

3. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

4. We reserve the right to limit the quantities of any products or services that we offer.

5. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

4. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you from us will meet your expectations, or that any errors in the will be corrected.

SECTION 9 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

1. We reserve the right to refuse or cancel any order you place with us.

2. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

3. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made.

4. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

5. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email, phone and mailing address so that we can complete your transactions and contact you as needed.

4. Contact information provided at the time of order purchase will be used to contact you if necessary.

5. We are not responsible if the contact or mailing information you provided to MPM Hobbies is incorrect or if our messages or emails sent to you go answered due to your technical set-up i.e. went to junk mail or message left on your phone is automatically deleted etc.

SECTION 10 - OPTIONAL TOOLS

1. We may provide you with access to third-party tools (apps, calculators, package tracking etc.) over which we neither monitor nor have any control nor input.

2. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

3. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

4. We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.

SECTION 11 - THIRD-PARTY LINKS

1. Certain content, products and services available via our website may include materials from third parties.

2. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

3. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.

4. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 12 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

1. If you send us creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.

2. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

3. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.

4. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of MPM Hobbies.

5. You may not use a false name, address, phone number, e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 13 - PERSONAL INFORMATION

1. Your submission of personal information through the store is governed by our Privacy Policy.

2. MPM Hobbies does not sell ANY customer’s personal information they are required to use in order to purchase our products/services. 

SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS

1. Occasionally there may be information on our website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.

2. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on our website is inaccurate at any time without prior notice (including after you have submitted your order).

3. We undertake no obligation to update, amend or clarify information on our wesbite or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 15 - PROHIBITED USES

1. In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our email accounts, website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features our website or any related website, other websites, or the Internet. We reserve the right to terminate your use of our website for violating any of the prohibited uses.

SECTION 16 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

1. We do not guarantee, represent or warrant that your use of our website will be uninterrupted, timely, secure or error-free.

2. We do not warrant that the results that may be obtained from the website will be accurate or reliable.

3. You agree that from time to time we may remove or restrict usage of the website for indefinite periods of time or cancel the our Shopify hosting agreement at any time, without notice to you.

4. You expressly agree that your use of, or inability to use, the website is at your sole risk.

5.  Thee website and all products delivered to you through our service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

6. In no case shall MPM Hobbies, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

7. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 17 – INDEMNIFICATION

1. You agree to indemnify, defend and hold harmless MPM Hobbies and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 18 - SEVERABILITY

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

SECTION 19 - TERMINATION

1. The obligations and liabilities of the parties incurred prior to the termination date of these Term and Conditions and shall survive the termination of this agreement for all purposes.

2. These Terms and Conditions are effective unless terminated by us.

3. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 20 - ENTIRE AGREEMENT

1. The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

2. These Terms and Conditions and any policies, notices or operating rules posted by us on our website or in respect to the services we provide constitutes the entire agreement and understanding between you and us and govern your use of our services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).

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

SECTION 21 - GOVERNING LAW

1. These Terms and Conditions and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of United States.

SECTION 22 - CHANGES TO TERMS AND CONDITIONS

1. You can review the most current version of the Terms and Conditions at any time at this page.

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

SECTION 23 – SAFETY AND COMPLIANCE

1. You agree to read, follow, obtain and/or be responsible for all safety information, hazard information, instructional guidance and/or legal compliance provided by the manufacturer, parent company, designer, research and development etc. of the product for which you purchased or otherwise became owner. MPM Hobbies is not responsible for providing this information to the consumer.

SECTION 24 - ADA POLICY

ADA Policy

I am disabled so I fully understand difficulties people with disabilities face.  We try to make our website as accessible as possible to everyone facing such challenges so I can say this with the utmost of sincerity that we will ABSOLUTELY help you the best we can.  Please call or text my wife Pat at (904) 507-3327 or me Mike at (904) 207-3360 or send an email to info@mpmhobbies.com and we will do all we can to help you. 

SECTION 25 - Promotional Offers

  1.  Free shipping promotional offers must adhere to the $100.00 or more order price.  Products will be shipped in one order and will not be broken up into multiple shipments.  The following will void the promotional offer and result in the customer paying the shipment costs:

A.  Cancellations which result in the original order price going below the $100.00 threshold.  

B.  Customer requests to break the order down into multiple shipments.

C.  Returns, refunds and or exchanges resulting in the original order cost going below the $100.00 threshold.  Please refer to our "Refunds, Returns or Exchanges" policy for additional information.

D.  Promotional offers do not apply to any product we order for you and at your request from our catalog. 

SECTION 26 - CONTACT INFORMATION

1. Questions about the Terms and Conditions should be directed at the owner Mike Meeks @ (904) 207-3360.  Please leave a message should I fail to take your call.  I will not return your call if no message is left.