Terms of service

Terms of Service

Last updated: September 8, 2026

Overview

Welcome to Memorique.

This website and store are operated by Resilient Brothers Corporation under the Memorique brand. The terms “we,” “us,” and “our” refer to Resilient Brothers Corporation and Memorique.

Memorique provides this website, including all related information, content, features, tools, products, and services, to offer customers a curated shopping experience (the “Services”). Our store is powered by Shopify, which enables us to provide the Services.

These Terms of Service, together with any policies referenced in them, describe your rights and responsibilities when using the Services.

Please read these Terms carefully because they contain important information about your legal rights, warranty disclaimers, and limitations of liability.

By visiting, interacting with, or using the Services, you agree to these Terms of Service and our Privacy Policy:

https://memoriquegifts.com/policies/privacy-policy

If you do not agree to these Terms or our Privacy Policy, you should not access or use the Services.

Section 1 Access and Accounts

By agreeing to these Terms, you represent that you are at least the age of majority in your state, province, or country of residence. If you permit a minor dependent to use the Services through a device you own or control, you accept responsibility for their use of the Services.

To browse the store, create an account, or purchase products, you may be required to provide information including your name, email address, billing information, payment information, and shipping address.

You represent that all information you provide is accurate, current, and complete and that you have the right to provide that information.

You are responsible for protecting your account credentials and for activity conducted through your account. You may not sell, transfer, assign, or license your customer account to another person.

Section 2 — Our Products

We make reasonable efforts to display and describe our products accurately. However, colors and product appearance may vary slightly depending on your screen, device, lighting, and display settings.

Many Memorique products include natural freshwater pearls. Natural pearls may vary in shape, size, color, tone, texture, luster, and surface characteristics. These natural variations are not defects and make each piece unique.

Product photographs are intended to represent the design and general appearance of the product. Minor natural variations may exist between the product pictured and the product received.

Product descriptions, prices, and availability may be updated without notice. We may discontinue a product or limit the quantity available to a person, geographic region, or jurisdiction where reasonably necessary.

Nothing in this section limits rights that cannot legally be excluded under applicable consumer-protection laws.

Section 3 Orders

Placing an order constitutes an offer to purchase a product. An order is accepted after payment has been successfully processed and we confirm acceptance.

We reserve the right to accept, reject, limit, or cancel an order for legitimate reasons, including suspected fraud, inaccurate information, payment problems, inventory errors, pricing errors, shipping restrictions, or violations of these Terms.

If we reject, modify, or cancel an order, we will attempt to contact you using the email address, telephone number, billing address, or other contact information provided with the order. If a canceled order has already been charged, an appropriate refund will be issued.

Please review your order and delivery address carefully before submitting it. We may be unable to change or cancel an order after processing has begun.

Returns, cancellations, and refunds are governed by our Return and Refund Policy:

https://memoriquegifts.com/policies/refund-policy

Unless otherwise agreed in writing, products purchased through the Services are intended for personal or household use and not for unauthorized commercial resale.

Section 4 Prices, Payments, and Billing

Prices, discounts, and promotions may change without notice. The price charged will be the price displayed when the order is placed and confirmed in your order confirmation.

Standard worldwide shipping is free unless another shipping option or charge is expressly displayed at checkout.

Depending on your location, product prices may not include sales tax, value-added tax, customs duties, import taxes, or other government charges. Any applicable charge collected by us will be displayed at checkout. Charges imposed separately by customs or local authorities may remain the customer’s responsibility, as explained in our Shipping and Delivery Policy.

You agree to provide accurate, current, and complete purchase, billing, payment, and account information.

You represent that:

  • The payment information you provide is accurate and complete.

  • You are authorized to use the selected payment method.

  • Charges submitted through the selected payment method will be honored.

  • You will pay the confirmed order total and any applicable charges shown at checkout.

Payments are processed securely through Shopify and available third-party payment providers.

Section 5 Shipping and Delivery

Orders are generally processed within 3–5 business days. Estimated shipping times vary by destination and begin after processing is complete.

Orders may be shipped directly from our international fulfillment partner facilities in China. The shipping origin displayed on packaging or tracking information may therefore be China.

All delivery dates are estimates and are not guaranteed. Delivery may be affected by carrier disruptions, customs processing, public holidays, severe weather, remote locations, incorrect addresses, or circumstances outside our reasonable control.

If a shipment is delayed or appears to be lost, contact us so that we can investigate and provide an appropriate resolution in accordance with our policies and applicable law.

Complete processing times, delivery estimates, tracking information, shipping origin, and customs information are provided in our Shipping and Delivery Policy:

https://memoriquegifts.com/policies/shipping-policy

Section 6 Intellectual Property

The Services and their content—including our brand elements, text, graphics, product photography, videos, audio, page design, arrangement, and other materials—are owned by or licensed to Resilient Brothers Corporation, Shopify, or their respective licensors and are protected by applicable intellectual-property laws.

These Terms allow you to use the Services for lawful, personal, and non-commercial purposes.

Without prior written permission, you may not reproduce, distribute, modify, republish, publicly display, publicly perform, download, store, transmit, sell, license, or create derivative works from protected materials available through the Services, except where applicable law expressly permits such activity.

The Memorique name, branding, designs, and slogans are trademarks or brand identifiers owned by or licensed to Resilient Brothers Corporation. Shopify’s name, logos, products, and service names belong to Shopify. Other names and trademarks belong to their respective owners.

No license or ownership right is granted except as expressly stated in these Terms.

Section 7 Optional Tools

We may provide access to tools or features supplied by third parties. We do not necessarily monitor or control these third-party tools.

Third-party tools are provided on an “as is” and “as available” basis, subject to applicable law and the provider’s own terms.

Your use of an optional third-party tool is at your discretion. You should review and understand the relevant provider’s terms and privacy practices before using it.

New features, tools, and resources introduced through the Services will also be subject to these Terms.

Section 8 Third-Party Links

The Services may include content, integrations, or links provided by third parties.

We are not responsible for evaluating or guaranteeing the accuracy, availability, privacy, security, products, services, or practices of third-party websites or platforms.

If you leave our Services and access a third-party website, you do so subject to that third party’s terms and policies.

Questions, disputes, or complaints concerning a third party’s independent products or services should be directed to that third party.

Section 9 Relationship With Shopify

Memorique is powered by Shopify, which enables us to provide the Services to you.

However, purchases made through our store are made directly with Resilient Brothers Corporation, operating under the Memorique brand.

By using the Services, you acknowledge that Shopify is not the seller of Memorique products and is not responsible for sales between you and Memorique, including injury, damage, or loss resulting from products purchased from Memorique.

To the extent permitted by law, you release Shopify and its affiliates from claims and liabilities arising from or relating to purchases and transactions made directly with Memorique.

Section 10 Privacy

Personal information collected through the Services is governed by our Privacy Policy:

https://memoriquegifts.com/policies/privacy-policy

Certain personal information is also processed by Shopify in accordance with the Shopify Consumer Privacy Policy:

https://www.shopify.com/legal/privacy/app-users

Because Shopify hosts the Services, information you submit may be transmitted to Shopify and service providers located in countries other than your country of residence.

Please review our Privacy Policy for more information about how we, Shopify, and our service providers collect, process, use, and disclose personal information.

Section 11 Feedback and Reviews

If you submit, upload, post, email, or otherwise provide ideas, suggestions, feedback, reviews, photographs, proposals, or other content (“Feedback”), you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, publish, distribute, and display that Feedback for operating, improving, and promoting the Services.

You represent that:

  • You own the Feedback or have permission to submit it.

  • Your Feedback is accurate and does not mislead others.

  • You have disclosed any compensation or incentive connected with the Feedback.

  • Your Feedback does not infringe another person’s intellectual-property, privacy, publicity, or other legal rights.

  • Your Feedback does not contain unlawful, abusive, defamatory, obscene, malicious, or harmful material.

We are not obligated to keep Feedback confidential, compensate you for Feedback, publish it, or respond to it.

We may moderate or remove Feedback that violates these Terms or applicable law.

Section 12 Errors, Inaccuracies, and Omissions

The Services may occasionally contain typographical errors, inaccuracies, or omissions concerning product descriptions, prices, promotions, shipping charges, delivery estimates, inventory, or availability.

We may correct inaccurate information and update or cancel affected orders where reasonably necessary.

If an order is canceled after payment because of an error, we will issue an appropriate refund.

Nothing in this section limits rights available under applicable consumer-protection laws.

Section 13 Prohibited Uses

You may use the Services only for lawful purposes.

You may not use the Services:

  • To violate applicable laws or regulations.

  • To infringe our rights or the rights of another person.

  • To submit false, fraudulent, or misleading information.

  • To impersonate another person or entity.

  • To harass, threaten, abuse, defame, or harm another person.

  • To transmit spam, unauthorized advertising, malware, viruses, or harmful code.

  • To collect or track another person’s personal information unlawfully.

  • To interfere with the security, operation, or integrity of the Services.

  • To bypass access restrictions, security controls, CAPTCHAs, or other protective measures.

  • To reproduce, scrape, extract, copy, sell, resell, or commercially exploit the Services without authorization.

  • To use automated systems in a manner that violates these Terms or interferes with the Services.

We may restrict, suspend, or terminate access where we reasonably determine that these Terms have been violated.

Section 14 Automated Agents

This section applies when software or a service takes autonomous or semi-autonomous action on behalf of a person or entity when accessing or interacting with the Services (an “Agent”).

An Agent must not conceal its automated nature, falsely represent itself as a human, circumvent CAPTCHAs or access controls, or interfere with measures intended to regulate automated access.

We may use technical measures to limit or prohibit Agent access.

An Agent must comply with applicable technical instructions, identify itself where required, and stop accessing the Services if we request that it do so.

Section 15 Termination

We may restrict or terminate your access to the Services if you violate these Terms, misuse the Services, engage in fraudulent or unlawful conduct, or create a security risk.

Termination does not eliminate obligations or liabilities incurred before termination, including amounts lawfully owed.

Provisions that by their nature should continue after termination—including intellectual property, privacy, liability, indemnification, governing law, and dispute-related provisions—will survive termination.

Section 16 Disclaimer of Warranties

To the fullest extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis.

We do not guarantee that the Services will always be uninterrupted, timely, secure, or error-free.

Except for warranties expressly provided by us or warranties that cannot legally be excluded, we disclaim implied warranties and conditions, including merchantability, fitness for a particular purpose, durability, title, and non-infringement.

Some jurisdictions do not permit certain warranty exclusions. In those jurisdictions, the applicable exclusions will apply only to the extent permitted by law.

Nothing in these Terms excludes statutory rights or warranties that cannot lawfully be excluded.

Section 17 Limitation of Liability

To the fullest extent permitted by applicable law, Resilient Brothers Corporation, Memorique, our affiliates, officers, directors, employees, agents, contractors, service providers, and licensors will not be liable for indirect, incidental, punitive, special, or consequential damages arising from the use of the Services or products purchased through the Services.

This may include lost profits, lost revenue, lost savings, loss of data, or replacement costs, whether the claim is based on contract, tort, negligence, strict liability, or another legal theory.

Nothing in these Terms excludes or limits liability where exclusion or limitation is prohibited by law, including liability that cannot be excluded under applicable consumer-protection law.

Section 18 Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Resilient Brothers Corporation, Memorique, Shopify, and our respective affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims, losses, damages, and reasonable legal expenses arising from:

  • Your material breach of these Terms.

  • Your violation of applicable law.

  • Your infringement of another person’s rights.

  • Your unlawful or unauthorized use of the Services.

We will provide reasonable notice of an indemnifiable claim. You agree to provide reasonable cooperation in its defense.

Section 19 Severability

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed where necessary.

The remaining provisions will continue in effect.

Section 20 Waiver and Entire Agreement

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

These Terms and the policies referenced in them constitute the entire agreement concerning your use of the Services and supersede prior agreements or communications relating to the same subject.

Any ambiguity will not automatically be interpreted against the party that drafted the Terms.

Section 21 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

We may assign or transfer these Terms and our rights or obligations in connection with a merger, acquisition, corporate reorganization, sale of assets, or other lawful business transaction.

Section 22 Governing Law

These Terms and any separate agreements through which we provide the Services are governed by the applicable laws of the State of Georgia and the federal laws of the United States, without regard to conflict-of-law principles.

Subject to rights that cannot legally be waived, disputes will be submitted to the courts with appropriate jurisdiction in Georgia, United States.

If mandatory consumer-protection law in your place of residence provides additional rights or requires another jurisdiction, those mandatory rights remain unaffected.

Section 23 Headings

Section headings are provided for convenience and do not limit or otherwise affect the interpretation of these Terms.

Section 24 Changes to These Terms

You may review the current version of these Terms on this page at any time.

We may update these Terms to reflect changes to our Services, practices, or legal obligations.

The revised version will be published on this website with an updated “Last updated” date. Material changes will be communicated where required by applicable law.

Continued use of the Services after revised Terms become effective constitutes acceptance of those revisions where permitted by law.

Section 25 Contact Information

Questions about these Terms of Service should be directed to:

Resilient Brothers Corporation
Operating under the Memorique brand
4385 Ambassador Way
Cumming, Georgia 30040
United States

Email: info@memoriquegifts.com