Terms of Service

Effective Date: October 2, 2025

Welcome to Misty Lava (“we,” “our,” or “us”), operated by Bistembly LLC dba Misty Lava. By accessing or using our website mistylava.com and purchasing our products, you agree to the following Terms of Service. Please read them carefully before using our site.

1. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) to use our site or make a purchase. By using our services, you represent that you meet these requirements.

2. Online Store Terms

  • You may not use our products for any illegal or unauthorized purpose.
  • You agree not to transmit any malware, malicious code, or harmful data.
  • Breach of these terms may result in termination of your access to our site and services.

3. Products & Availability

  • We sell physical goods only.
  • We strive to provide accurate product descriptions, images, and pricing but do not guarantee that all details are error-free.
  • We may discontinue products, update pricing, or limit sales at any time.
  • All orders are subject to availability and acceptance.

4. Orders & Payments

  • By placing an order, you agree to provide current, complete, and accurate information.
  • We process payments securely through Shopify Payments, which may include Visa, Mastercard, American Express, Discover, Shop Pay, Apple Pay, and Google Pay (availability varies by location).
  • All prices are in U.S. Dollars (USD) unless otherwise indicated.
  • We reserve the right to refuse or cancel orders if we suspect fraud, unauthorized activity, or violation of these Terms.

5. Shipping & Delivery

  • We ship from California, USA to domestic and international addresses.
  • Shipping and delivery terms are outlined in our Shipping Policy.
  • International customers are responsible for all customs duties, import taxes, and brokerage fees. These are not included in product or shipping prices.
  • Once packages are handed to the carrier, Misty Lava is not responsible for delays, loss, or damage in transit.

6. Returns & Refunds

  • Our Refund Policy governs all returns and exchanges.
  • We accept returns of unopened items within 30 days of delivery.
  • Perishable, opened, or used food items are not eligible for return.
  • Refunds are issued to the original payment method only.

7. Intellectual Property

All content on our site—including text, graphics, images, logos, and design—is the property of Misty Lava and may not be copied, reproduced, or used without our prior written consent.

8. Third-Party Services

Our site may link to third-party services or tools. We are not responsible for the accuracy, reliability, or policies of these third parties. Your use of third-party services is at your own risk.

9. Limitation of Liability

To the fullest extent permitted by law:

  • Misty Lava is not liable for any indirect, incidental, or consequential damages arising from your use of our site or products.
  • Our products are not intended to diagnose, treat, cure, or prevent any disease.
  • We are not liable for misuse of our products, allergic reactions, or damages resulting from improper storage or preparation.
  • Our maximum liability to you is limited to the amount you paid for the product giving rise to the claim.

10. Indemnification

You agree to indemnify and hold harmless Misty Lava, its employees, affiliates, and partners from any claims, damages, or expenses resulting from your violation of these Terms or misuse of our services.

11. Governing Law & Dispute Resolution

  • These Terms are governed by and construed in accordance with the laws of the State of California, without regard to conflict of law rules.
  • Any disputes shall be resolved by binding arbitration in Orange County, California, in accordance with the rules of the American Arbitration Association (AAA). You waive the right to pursue claims in court or through a jury trial.
  • Each party will bear its own costs, except where otherwise required by law.

12. Changes to Terms

We may update or modify these Terms at any time. Updates will take effect immediately upon posting. Continued use of our site means you accept the revised Terms.

13. Contact Us

If you have any questions about these Terms, please contact us at:

Misty Lava
Bistembly LLC dba Misty Lava
Irvine, CA 92602
Email: hello@mistylava.com