Terms of service

Terms of Service

Last Updated: June 2025

Please read these Terms of Service ("Terms," "Terms of Service") carefully before using the michaelsfloats.store website ("the Website," "the Site") operated by Michaels Floats ("we," "us," "our," or "the Company"). By accessing or using our Website, placing an order, creating an account, or otherwise engaging with our services, you ("the Customer," "you," "your") agree to be bound by these Terms of Service.

1. Acceptance of Terms

By accessing our Website, browsing our products, creating an account, or completing a purchase, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, our Privacy Policy, our Return and Refund Policy, our Shipping Policy, and all other policies posted on our Website. If you do not agree to these Terms, you must immediately discontinue use of our Website and refrain from making any purchases.

2. Eligibility

You must be at least eighteen (18) years of age to use our Website and make purchases. By using our Website, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into binding contracts. If you are under 18, you may only use our Website under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

3. Products and Descriptions

All products displayed on our Website are handcrafted inflatable pool floats manufactured by Michaels Floats. While we make every effort to display product images, colors, and descriptions as accurately as possible, we cannot guarantee that your device's display will accurately reflect the actual colors and appearance of the products. Minor variations in color, texture, print alignment, and overall appearance are inherent to handmade products and do not constitute grounds for a return or refund.

4. Orders and Binding Commitment

4.1 Order Placement: When you place an order through our Website, you are making a binding offer to purchase the product(s) selected at the price indicated, inclusive of applicable taxes and shipping charges.

4.2 Order Confirmation: Upon successful payment processing, you will receive an order confirmation email. This confirmation constitutes our acceptance of your offer and the formation of a binding contract between you and Michaels Floats.

4.3 Binding Commitment: Due to the handmade, made-to-order nature of our products, by completing your purchase you acknowledge and accept that:
- Your order represents a firm, binding commitment that cannot be cancelled after order confirmation;
- Production of your custom product begins within twenty-four (24) hours of order confirmation;
- The approximate production period is three (3) weeks from order confirmation;
- The approximate shipping period is one (1) to two (2) weeks following completion of production;
- Total estimated delivery time is four (4) to five (5) weeks from order confirmation;
- You will not seek to cancel, reverse, or dispute the charge during the production and shipping period;
- Refunds are only available under the specific conditions outlined in our Return and Refund Policy.

4.4 Order Cancellation: Orders cannot be cancelled once confirmed. We reserve the right to cancel orders at our sole discretion in cases of suspected fraud, payment failure, product unavailability, or pricing errors. In such cases, a full refund will be issued to the original payment method.

5. Pricing and Payment

(a) All prices listed on our Website are in United States Dollars (USD) unless otherwise specified;
(b) Prices are subject to change without prior notice. The price applicable to your order is the price displayed at the time of order placement;
(c) Applicable sales tax will be calculated and added at checkout based on your shipping address and in accordance with applicable state and local tax laws;
(d) Payment must be made in full at the time of order placement through one of our accepted payment methods;
(e) We reserve the right to refuse or cancel any order where we suspect fraudulent activity, unauthorized payment use, or violation of these Terms.

6. Intellectual Property

All content on our Website, including but not limited to text, images, graphics, logos, product designs, product photography, video content, and the overall look and feel of the Website, is the property of Michaels Floats or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise use any content from our Website without our prior written consent.

7. User Conduct

You agree not to:
(a) Use our Website for any unlawful purpose or in violation of any applicable local, state, national, or international law;
(b) Attempt to gain unauthorized access to our Website, servers, databases, or any associated systems;
(c) Interfere with or disrupt the operation of our Website or the servers and networks connected to it;
(d) Submit false, misleading, or fraudulent information, including but not limited to fraudulent payment information or shipping addresses;
(e) Use automated scripts, bots, crawlers, or scraping tools to access or collect information from our Website without our prior written consent;
(f) Post or transmit any content that is defamatory, obscene, threatening, abusive, or otherwise objectionable;
(g) Resell our products without our prior written authorization.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICHAELS FLOATS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR WEBSITE, YOUR PURCHASE OF OUR PRODUCTS, OR THESE TERMS OF SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY.

Our total liability to you for any claim arising out of or relating to these Terms or your use of our Website or products shall not exceed the total amount paid by you to Michaels Floats during the twelve (12) months preceding the event giving rise to the claim.

9. Indemnification

You agree to indemnify, defend, and hold harmless Michaels Floats, its owners, operators, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of our Website; (b) your violation of these Terms; (c) your violation of any rights of another party; or (d) your use or misuse of any product purchased from us.

10. Disclaimer of Warranties

OUR PRODUCTS AND WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

11. Governing Law and Dispute Resolution

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms shall first be attempted to be resolved through informal negotiation by contacting us at michaelsfloats@outlook.com. If informal resolution is unsuccessful within thirty (30) days, either party may pursue binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in the State of Florida, and the language of the arbitration shall be English.

12. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms shall remain in full force and effect.

13. Modifications

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our Website. Your continued use of our Website after any modifications constitutes your acceptance of the revised Terms.

For questions regarding these Terms, please contact us at michaelsfloats@outlook.com.