Terms of service

Last Updated: September 4, 2026

Welcome to Mark & Finch. These Terms of Service (“Terms”) govern your access to and use of markandfinch.com (the “Site”) and the products, services, content, and features available through the Site.

The Site is operated by Houston Apex LLC, doing business as Mark & Finch (“Mark & Finch,” “we,” “us,” or “our”).

By accessing or using our Site, creating an account, or placing an order, you agree to these Terms and any other policies referenced on the Site. If you do not agree with these Terms, please do not use our Site or Services.

1. Eligibility and Use of the Site

By using our Site, you represent that you are legally capable of entering into a binding agreement under applicable law.

If you are under the age of majority in your place of residence, you may use the Site only with the involvement and permission of a parent or legal guardian where permitted by applicable law.

You agree to use the Site and our Services only for lawful purposes and in accordance with these Terms.

You may not use the Site in a way that:

  • Violates applicable laws or regulations

  • Infringes the rights of another person or business

  • Interferes with the operation or security of the Site

  • Attempts to gain unauthorized access to our systems

  • Uses the Site for fraudulent or deceptive purposes

We may restrict or terminate access to the Site if we reasonably believe that these Terms have been violated.

2. Our Online Store

Our online store is powered by Shopify, which provides the ecommerce platform and technology used to operate our Site.

Third-party providers may also support various aspects of our Services, including payment processing, shipping, fulfillment, security, analytics, and customer support.

Your use of certain third-party services may also be subject to the terms and policies of those providers.

3. Products and Product Information

We make reasonable efforts to ensure that product descriptions, photographs, colors, dimensions, specifications, and other product information displayed on the Site are accurate.

However, we do not guarantee that all product information will always be:

  • Complete

  • Accurate

  • Current

  • Error-free

  • Available

Product colors may also appear differently depending on your device, screen, browser, or display settings.

Product images may be provided for illustrative purposes and may not perfectly represent the physical appearance of an item.

We reserve the right to correct errors, update product information, change product descriptions, modify specifications, discontinue products, or change product availability at any time.

4. Prices and Availability

All prices displayed on the Site are subject to change without notice.

We reserve the right to:

  • Change prices

  • Modify or discontinue products

  • Limit product quantities

  • Refuse or restrict orders

  • Correct pricing or availability errors

We may limit purchases by customer, household, account, geographic region, or other circumstances where reasonably necessary.

If an obvious pricing or product information error affects an order, we may contact you regarding the issue and, where permitted by applicable law, cancel or modify the affected order.

5. Orders and Order Acceptance

When you place an order through our Site, you are submitting an offer to purchase the products selected in your order.

After placing an order, you may receive an order confirmation email. An order confirmation acknowledges that we received your order but does not necessarily mean that the order has been accepted or that the products are guaranteed to be available.

We reserve the right to accept, decline, or cancel an order where permitted by applicable law.

Reasons for cancelling or refusing an order may include:

  • Product unavailability

  • Pricing or product information errors

  • Suspected fraud or unauthorized activity

  • Incorrect customer information

  • Shipping restrictions

  • Orders that appear intended for unauthorized resale or distribution

  • Other legitimate business or legal reasons

If we cancel an order after payment has been collected, any applicable refund will be issued to the original payment method.

6. Billing and Payment Information

When placing an order, you agree to provide accurate and complete billing, shipping, contact, and payment information.

You represent that:

  • The information you provide is accurate and current.

  • You are authorized to use the payment method provided.

  • The payment information belongs to you or you have permission to use it.

Payment transactions may be processed by third-party payment providers.

We do not generally store complete payment card information on our own systems when payment processing is handled by third-party payment providers.

We reserve the right to refuse or cancel transactions that appear fraudulent, unauthorized, or otherwise irregular.

7. Order Cancellations

If you wish to cancel an order, contact us as soon as possible at support@markandfinch.com.

We will make reasonable efforts to accommodate cancellation requests, but we cannot guarantee that an order can be cancelled after it has been submitted.

Orders may enter processing or fulfillment shortly after purchase. Once an order has been processed or shipped, cancellation may no longer be possible.

If cancellation is no longer available, you may request a return after delivery in accordance with our Return & Refund Policy.

8. Returns and Refunds

Returns, refunds, exchanges, damaged products, defective products, and related matters are governed by our Return & Refund Policy.

Our standard return period is 14 days from the date you receive your order, subject to the eligibility requirements and exclusions stated in that policy.

Please review our Return & Refund Policy for complete information regarding:

  • Return eligibility

  • Return requests

  • Return shipping

  • Damaged or defective products

  • Refunds

  • Exchanges

  • Non-returnable products

  • Order cancellations

9. Shipping and Delivery

Shipping and delivery information is provided on the Site and may vary depending on the destination, product, shipping method, and other circumstances.

Delivery estimates are estimates only and are not guaranteed unless expressly stated otherwise.

Delays may occur due to circumstances outside our reasonable control, including carrier delays, weather, natural disasters, customs-related issues, supply disruptions, or other unforeseen events.

For complete information about shipping methods, processing times, delivery estimates, and shipping-related matters, please review our Shipping Policy.

10. Account Information

Certain features of the Site may allow you to create an account.

If you create an account, you are responsible for:

  • Providing accurate information

  • Keeping your account information current

  • Maintaining the confidentiality of your login credentials

  • All activity occurring through your account

You should notify us promptly if you believe that your account credentials have been compromised.

We may suspend or terminate an account where permitted by law if we reasonably believe it has been used fraudulently, unlawfully, or in violation of these Terms.

11. Third-Party Services

We may use or provide access to third-party services, applications, tools, payment providers, shipping providers, analytics services, or other integrations.

Third-party services may operate independently from Mark & Finch and may be subject to their own terms and privacy policies.

We are not responsible for the availability, performance, security, content, or policies of third-party services that we do not control.

Your use of a third-party service may be subject to the applicable provider's terms.

12. Third-Party Links

Our Site may contain links to websites or services operated by third parties.

These links are provided for convenience or informational purposes.

We do not control third-party websites and are not responsible for their content, availability, security, products, services, or privacy practices.

Your use of third-party websites is at your own risk.

13. Reviews, Comments, and Submissions

If you submit reviews, comments, photographs, suggestions, feedback, ideas, or other content to us (“Submissions”), you are responsible for the content you provide.

You represent that you have the necessary rights to submit the content and that your Submission does not:

  • Infringe another person's intellectual property rights

  • Violate another person's privacy rights

  • Contain unlawful, threatening, defamatory, or abusive material

  • Contain malicious software

  • Impersonate another person or business

  • Contain fraudulent or intentionally misleading information

By submitting content to a public area of our Site, you understand that the content may be visible to other visitors.

You grant us permission to use, reproduce, display, and publish your Submission for legitimate business purposes, including displaying customer reviews and improving or promoting our products, subject to applicable law.

We reserve the right, but are not obligated, to remove or restrict content that violates these Terms or applicable law.

14. Intellectual Property

The Site and its content, including text, product descriptions, graphics, photographs, logos, trademarks, videos, designs, page layouts, and other materials, are owned by or licensed to Mark & Finch unless otherwise stated.

You may use the Site and its content for your personal, non-commercial use.

You may not, without our prior written permission:

  • Copy or reproduce Site content

  • Modify or distribute Site content

  • Publish Site content for commercial purposes

  • Sell or license Site content

  • Create derivative works from Site content

  • Use our trademarks or branding in a manner that suggests unauthorized affiliation

  • Systematically scrape or reproduce substantial portions of the Site

Nothing in these Terms transfers ownership of our intellectual property to you.

15. Prohibited Activities

You may not use the Site or Services to:

  • Violate any applicable law

  • Commit or facilitate fraud

  • Infringe intellectual property rights

  • Harass, threaten, or harm others

  • Submit false or misleading information

  • Impersonate another person or entity

  • Upload malware, viruses, or harmful code

  • Attempt to gain unauthorized access to our systems

  • Interfere with the Site's security or operation

  • Collect personal information about other users without authorization

  • Use automated systems to improperly access, crawl, or scrape the Site

  • Circumvent security or access controls

  • Spam, phish, or distribute malicious communications

  • Resell or commercially exploit the Site without authorization

We may take appropriate action, including restricting or terminating access, if we reasonably believe prohibited activity has occurred.

16. Accuracy and Corrections

The Site may occasionally contain typographical errors, inaccuracies, or omissions involving:

  • Product descriptions

  • Pricing

  • Promotions

  • Shipping charges

  • Delivery estimates

  • Availability

  • Product specifications

  • Other Site information

We reserve the right to correct errors and update information at any time.

Where permitted by applicable law, we may also cancel an order affected by a material error and provide any applicable refund.

Nothing in this section limits rights that cannot legally be excluded.

17. Disclaimer of Warranties

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

We do not guarantee that:

  • The Site will always be available

  • The Site will operate without interruption

  • The Site will always be error-free

  • Information on the Site will always be accurate or complete

  • Defects will always be corrected

  • The Site will always be free from viruses or other harmful components

To the maximum extent permitted by law, we disclaim warranties and conditions, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Nothing in these Terms excludes or limits any warranty, right, or remedy that cannot legally be excluded or limited.

18. Limitation of Liability

To the maximum extent permitted by applicable law, Houston Apex LLC, Mark & Finch, and their officers, directors, employees, agents, affiliates, contractors, suppliers, service providers, and licensors will not be liable for indirect, incidental, special, punitive, or consequential damages arising from or related to your use of the Site, Services, or products purchased through the Site.

This may include, to the extent permitted by law, loss of profits, revenue, data, business opportunities, or replacement costs.

Where applicable law does not permit a limitation of liability, the limitation will apply only to the maximum extent permitted by law.

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

19. Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless Houston Apex LLC, Mark & Finch, and their officers, directors, employees, agents, affiliates, contractors, suppliers, service providers, and licensors from claims, losses, liabilities, damages, costs, and reasonable expenses arising from:

  • Your violation of these Terms

  • Your misuse of the Site or Services

  • Your violation of applicable law

  • Your infringement of another person's rights

  • Your Submissions or other content provided to us

This provision applies only to the extent permitted by applicable law.

20. Termination

You may stop using the Site at any time.

We may suspend or terminate access to the Site or Services where permitted by law if we reasonably believe that you have:

  • Violated these Terms

  • Engaged in fraudulent or unlawful activity

  • Misused the Site

  • Interfered with our systems or Services

Termination does not affect rights or obligations that arose before termination.

Provisions that by their nature should continue after termination, including intellectual property, disclaimers, limitations of liability, indemnification, and governing law, will remain in effect.

21. Severability

If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law.

The remaining provisions will continue in full force and effect.

22. No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce that provision in the future.

23. Entire Agreement

These Terms, together with the policies and notices referenced or posted on our Site, constitute the agreement between you and Mark & Finch regarding your use of the Site and Services.

These Terms supersede prior versions concerning the same subject matter, except where otherwise required by applicable law.

24. Governing Law

These Terms and any separate agreements through which we provide Services are governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to conflict-of-law principles, except where applicable law requires otherwise.

Nothing in these Terms is intended to limit mandatory consumer rights or protections that apply under applicable law.

25. Changes to These Terms

We may update or modify these Terms from time to time to reflect changes to our business, Services, website, or legal requirements.

When we make changes, we will update the “Last Updated” date at the top of this page.

We encourage you to review these Terms periodically.

Your continued use of the Site after updated Terms are posted constitutes acceptance of the revised Terms to the extent permitted by applicable law.

26. Contact Us

If you have questions about these Terms of Service, our products, or our Services, please contact us.

Company Name: Houston Apex LLC
Website Name: https://markandfinch.com

Business Address: 30 N Gould St Sheridan Wyoming 82801 United States

E-mail: support@markandfinch.com
Phone Number: +1 (307) 218-4857

Business Hours: Mon-Fri, 9am-5pm (EST)

We aim to respond within 1 Business Day.