Terms of service
Overview
Welcome to Art by Madalina! The terms "we", "us", and "our" refer to Art by Madalina. Art by Madalina operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Art by Madalina is powered by Shopify, which enables us to provide the Services to you.
The terms and conditions below, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services. Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability. By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
Section 1 - Access and account By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage. To use the Services, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete. You are solely responsible for maintaining the security of your account credentials and for all of your account activity.
Section 2 - Our products We have made every effort to provide an accurate representation of our products. However, please note that colors or product appearance may differ due to the type of device you use and your device settings. We do not warrant that the appearance or quality of any products purchased by you will meet your expectations or be the same as depicted in our online stores. All descriptions of products are subject to change at any time without notice. We reserve the right to discontinue any product at any time.
Section 3 - Orders When you place an order, you are making an offer to purchase. Art by Madalina reserves the right to accept or decline your order for any reason. Your order is not accepted until we confirm acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after acceptance. Your purchases are subject to return or exchange solely in accordance with our Refund Policy.
Section 4 - Prices and billing Prices, discounts and promotions are subject to change without notice. Unless otherwise stated, posted prices do not include taxes, shipping, handling, customs or import charges. You agree to provide current, complete and accurate purchase, payment and account information for all purchases. You represent and warrant that the credit card information provided is true and you are authorized to use such card for the purchase.
Section 5 - Shipping and delivery We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss pass to you.
Section 6 - Intellectual property Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, video, and audio, are owned by Art by Madalina, its affiliates or licensors, and are protected by intellectual property laws. These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, or create derivative works without our prior written consent.
Section 7 - Optional tools You may be provided with access to customer tools offered by third parties, which we neither monitor nor have any control over. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties of any kind. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Section 8 - Third-party links The Services may contain materials and hyperlinks to websites operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials. We are not liable for any harm or damages related to your access of any third-party websites or your purchase of products/services on those sites.
Section 9 - Relationship with Shopify Art by Madalina is powered by Shopify. However, any sales and purchases you make in our Store are made directly with Art by Madalina. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Art by Madalina. You hereby expressly release Shopify and its affiliates from all claims arising from or related to your purchases.
Section 10 - Privacy policy All personal information we collect through the Services is subject to our Privacy Policy and certain personal information may be subject to Shopify's Privacy Policy. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you.
Section 11 - Feedback If you submit any ideas, suggestions, feedback, or reviews ("Feedback"), you grant us a perpetual, worldwide, royalty-free license to use, reproduce, modify, and publish such Feedback for any purpose. We are under no obligation to maintain your Feedback in confidence, to pay compensation, or to respond. You are solely responsible for the accuracy of any Feedback you post.
Section 12 - Errors, inaccuracies and omissions Occasionally, there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, and availability. We reserve the right to correct any errors and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.
Section 13 - Prohibited uses You may not use the Services for: (a) any unlawful or malicious purpose; (b) to infringe upon our intellectual property rights; (c) to harass, abuse, or harm any person; (d) to transmit false or misleading information; (e) to transmit viruses or malicious code; (f) to use any robot, spider, scraping tools, or AI tools to access the Services; or (g) to interfere with the security features of the Services.
Section 14 - Agents 14.1 This section applies if you use an Agent (software or service taking autonomous action) to interact with Services. 14.2 No Agent may access the Services unless it identifies itself correctly. 14.3 We may limit how any Agent interacts with Services. 14.4 Agents must identify themselves in HTTP/HTTPS requests as "Agent/[agent name]" and must not conceal their nature or circumvent CAPTCHAs.
Section 15 - Termination We may terminate this agreement or your access to the Services in our sole discretion at any time without notice. Provisions that by their nature should survive termination (Intellectual Property, Liability, etc.) will continue to apply.
Section 16 - Disclaimer of warranties The Services and all products are 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.
Section 17 - Limitation of liability To the fullest extent provided by law, in no case shall Art by Madalina, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, or those of Shopify and its affiliates, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.
Section 18 - Indemnification You agree to indemnify and hold harmless Art by Madalina and Shopify from any claims, including reasonable attorneys' fees, due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third party.
Section 19 - Severability In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed.
Section 20 - Waiver; entire agreement The failure of us to exercise any right shall not constitute a waiver. These Terms constitute the entire agreement between you and us, superseding any prior agreements.
Section 21 - Assignment You may not delegate or assign this Agreement without our prior written consent. We may transfer or delegate our rights and obligations without consent or notice to you.
Section 22 - Governing law These Terms shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Art by Madalina is headquartered.
Section 23 - Headings The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 24 - Changes to terms of service We reserve the right to update, change, or replace any part of these Terms of Service by posting updates to our website. It is your responsibility to check our website periodically for changes.
Section 25 - Contact information Questions about the Terms of Service should be sent to us at artbymadalina@gmail.com.
Our contact information:
- Email: artbymadalina@gmail.com