Terms and conditions of service

TERMS AND CONDITIONS OF SERVICE

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Overview

This website is operated by ARTIFYL. The terms "we" and "our" within the site refer to ARTIFYL. ARTIFYL offers you this website with all the information, tools and services available in it provided that you, as a user, accept all the terms, conditions, information and warnings contained herein.

By visiting our site and/or purchasing something from us, you are taking advantage of our "Service" and agreeing to be bound by the following terms and conditions ("Terms and conditions of service", "Terms"), which include the terms, conditions and additional information cited herein and/or available via hyperlink. These Terms and Conditions of Service apply to all users of the site, including but not limited to visitors, suppliers, customers, merchants and/or authors of comments and other content.

Please read these Terms and Conditions of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions of Service. If you do not fully accept the terms and conditions of this agreement, you may not access the website or use its services. If these Terms and Conditions of Service are considered a proposal, acceptance is expressly limited to the Terms themselves.

Any new features and tools added to the current store will also be subject to the Terms and Conditions of Service. You can view the most recent version of the Terms and Conditions of Service at any time on this page. We reserve the right to update, modify or replace any part of the Terms and Conditions of Service by posting updates and/or changes on our website. It is your responsibility to periodically check this page to see if there are any changes. The continued use of or access to the website after the publication of any changes constitutes the acceptance of such changes.
Our store is hosted on Shopify Inc., which provides us with the online E-commerce platform to sell you our products and services.

SECTION 1 - ONLINE STORE TERMS AND CONDITIONS

By accepting these Terms and Conditions of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and have authorized us to allow any minor under your responsibility to use this site.

You may not use our products for illegal or unauthorized purposes nor may you, in using the Service, violate any applicable law in your legal system (including but not limited to copyright laws).

You are not allowed to spread worms, viruses or other types of malicious code.

Violation of any provision of the Terms will result in the immediate termination of your right to use the Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to deny the service to anyone, for any reason and at any time.

You understand that your content (except for credit card information) may be transferred in clear and involves (a) transmissions over various networks; and (b) changes to comply with and adapt to the technical requirements of networks or connection devices. Credit card data is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, nor the use of the Service, access to the Service or any contact on the website through which the service is provided without our express written permission.

The titles used in this agreement are included for convenience only and will not limit or influence these Terms in any way.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We will not be responsible if the information made available on this site is not accurate, complete or updated. The materials on this site are to be understood as purely indicative and should not be taken as a reference or used as the only basis for making decisions without consulting more authoritative, accurate, complete or updated sources of information. By relying on the information on this site you take the risk.

This site may contain some historical information. Historical information is necessarily not current and is provided for reference only. We reserve the right to modify the contents of this site at any time, but we are not subject to the obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - CHANGES TO SERVICE AND PRICES

The prices of our products are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We will not be liable to you or any third party for any changes, price variations, suspensions or interruptions of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Some products or services may be available exclusively online through the website. These products or services may be available in limited quantities, and be subject to return or replacement only according to our Refund and Return Policy.

We have made every effort to show faithful colors and images of the products in the store. However, we cannot guarantee that the colors displayed on your computer screen are accurate.

We reserve the right (although we are not obliged to do so) to restrict the sale of our products or Services to any entity, geographical area or jurisdiction. We will be able to exercise this right on a case-by-case basis. We reserve the right to limit the amount of products or services we offer. Product descriptions and prices may change at any time without notice, at our sole discretion. We reserve the right to stop the sale of any product at any time. The sale of any product or service through this site is to be considered null and void where prohibited.

We do not guarantee that the quality of products, services, information or other materials purchased or obtained by you meets your expectations, nor that any errors in the Service will be corrected.

SECTION 6 - BILLING INFORMATION AND ACCOUNT ACCURACY

We reserve the right to refuse any order received. At our sole discretion we may limit or cancel the quantities purchased per person, per household or per order. These restrictions may apply to orders placed from the same customer account, with the same credit card and/or orders using the same billing and/or shipping address. If you change or cancel an order, we may attempt to notify you via the email address, billing address or phone number provided at the time of ordering. We reserve the right to limit or prohibit orders that in our sole judgment seem to have been made by wholesalers, retailers or distributors.

You agree to provide up-to-date, complete and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and other details, such as email address, credit card number and expiration date, so that we can complete transactions and contact you if necessary.

For more information, see our Information on refunds and returns.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools that we do not monitor and over which we do not have any form of control or management.

You acknowledge and agree that we provide access to such tools "as is" and "as available", without any kind of warranty, representation, condition or endorsement. We will have no liability arising out of or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site will be entirely at your own risk and discretion. It will be up to you to ensure that you know and approve the terms and conditions to which third-party tools are subject.

In the future we may also offer new services and/or features through the website (for example, by introducing new tools and resources). These new features and/or services will also be subject to these Terms and Conditions of Service.

SECTION 8 - THIRD-PARTY LINKS

Some content, products and services available through our Service may include third-party materials.

Third-party links on this site may direct you to external websites, which are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such websites. And we do not provide any warranty nor do we have any responsibility for third-party materials or websites or for other third-party materials, products or services.

We will not be liable for any damages related to the purchase or use of goods, services, resources, content or any other transaction made through third-party websites. Carefully review third-party policies and procedures and make sure you understand them before making any transaction. Complaints, requests, concerns and questions about third-party products must be directed to interested third parties.

SECTION 9 - COMMENTS, FEEDBACK AND OTHER MATERIALS SENT

If you send us certain materials (collectively referred to as "comments") - for example, at our request, contributions to participation in competitions, or without our request, creative ideas, suggestions, proposals, plans or other materials - you agree that we may at any time and without limitation modify, copy, publish, distribute, translate or use in any other way and by any means the comments you transmit to us. We have no and will have no obligation to (1) keep comments confidential; (2) pay compensation for comments; or (3) respond to comments.

We may (without having any obligation to do so) monitor, edit and remove content that we in our sole discretion deem unlawful, offensive, libelous, defamatory, pornographic, obscene or otherwise objectionable, or content that violates the intellectual property of any party or these Terms and Conditions of Service.

You agree to avoid comments that infringe the rights of third parties, including copyright, trademarks, privacy rights, personality rights and other real or personal rights. You further agree not to submit comments that contain defamatory or otherwise illegal, offensive or obscene material, or computer viruses or other malware that may compromise the operation of the Service or any related website. You may not use a fake email address, pretend to be someone else or otherwise mislead us or third parties about the origin of any comments. You are solely responsible for the comments you submit and their accuracy. We do not assume and will have no responsibility for any comments posted by you or third parties.

SECTION 10 - PERSONAL INFORMATION

The sending of personal information through the store is governed by our Privacy Policy. Click here to view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information may be present on our site or in the Service containing typographical errors, inaccuracies and omissions regarding product descriptions, prices, promotions, offers, shipping costs, delivery times or product availability. We reserve the right to correct any errors, inaccuracies and omissions by modifying and updating the information or canceling orders, if any information in the Service or on a related website should be inaccurate, at any time (even after the submission of the order) and without any notice.

We assume no obligation to update, correct or clarify the information in the Service or on any related website, including without limitation price information, except as provided by law. No update date specified in the Service or any related website shall be construed as a guarantee that all information in the Service or on any related website has been correct and updated.

SECTION 12 - PROHIBITED USES

In addition to the other prohibitions established in the Terms and Conditions of Service, it is forbidden to use the site or its content:

(A) for illegal purposes; (b) to induce others to commit or participate in illegal acts; (c) to violate international, federal, provincial or state laws and regulations, or local ordinances; (d) to infringe or violate our or third party's intellectual property rights; (e) to harass, abuse, insult, damage, defame, slander, denigrate, intimidate, or discriminate against someone based on sex, sexual orientation, religion, ethnicity, age, country of origin or disability; (f) to provide false or misleading information;

(G) to upload or transmit viruses or any other type of malicious code likely to affect the functionality or operation of the Service, any related website, other websites or the internet; (h) to collect or monitor the personal information of other users; (i) for spam, phishing, pharming, pretexting, use of spiders, crawling or scraping; (j) for any obscene or immoral purpose; or (k) to hinder or circumvent the security features of the Service or any related website, other websites or the internet. We reserve the right to discontinue your use of the Service or any related website if you violate any of the prohibited use provisions.

SECTION 13 - EXCLUSION OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, affirm or represent that the use of our service will be uninterrupted, timely, secure or error-free.

We do not guarantee that the results achievable with the use of the service are accurate or reliable.

Please note that we may occasionally suspend the service for indefinite periods of time, or cancel the service at any time without giving you any notice.

You expressly accept that the use and impossibility of using the service are at your sole risk. The service and all products and services provided through the service are (except as expressly stated by us) offered "as is" and "as available" for use by the user, without representations, warranties or conditions of any kind, express or implied, including implied warranties or conditions of merchantability, marketable quality, fitness for a specific purpose, duration, ownership and absence of violations.

Under no circumstances shall ARTIFYL and its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any prejudice, loss, claim or direct, indirect, incidental, punitive, special or consequential damage of any kind — including without limitation lost profits, lost earnings, lost savings, loss of data, replacement costs or other similar damages, pursuant to contract, tort (including tort due to negligence), strict liability or otherwise — arising out of the use of any of any of the services or products obtained using the service, or for any other claim in any way related to the use of the Service or product, including, but not limited to, any errors or omissions in the contents, losses and damages of any kind related to the use of the service or any content (or product) published, transmitted or otherwise made available through the service, even if informed of such eventuality.

Since some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability will be limited to the maximum extent permitted by law.

SECTION 14 - COMPENSATION

You agree to indemnify, defend and hold harmless ARTIFYL and its parent, subsidiary and affiliated companies, as well as its partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable legal fees, brought by any third party and due to or arising out of your violation of these Terms and Conditions of Service or the documents incorporated therein by reference, or your violation of any law or third party right.

SECTION 15 - SEPARATIBILITY

In the event that any provision of these Terms and Conditions of Service is deemed illegal, void or unenforceable, such provision will still be enforceable to the maximum extent permitted by applicable law and the unenforceable part will be deemed separate from these Terms and Conditions of Service, without prejudice to the validity and enforceability of the remaining provisions.

SECTION 16 - RESOLUTION

The obligations and responsibilities assumed by the parties before the date of termination will in effect survive the termination of this agreement.

These Terms and Conditions of Service will be effective until you or us withdraw. You may terminate these Terms and Conditions of Service at any time by informing us that you no longer wish to use our Services, or by discontinuing the use of our site.

In addition, if in our sole discretion you violate or we suspect that you have violated any provision of these Terms and Conditions of Service, we may terminate this agreement at any time without notice and you will remain responsible for all amounts due up to and including the termination date; accordingly we may deny you access to the Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

Failure to exercise or enforce any right or provision of these Terms and Conditions of Service shall not constitute a waiver of such right or provision.

These Terms and Conditions of Service and any policies or operating rules published by us on this site or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, replacing any previous or contemporary agreements, communications and proposals, whether oral or written, between you and us (including, without limitation, any previous versions of the Terms and Conditions of Service).

Any ambiguity in the interpretation of these Terms and conditions of service shall not be interpreted against the writing party.


SECTION 18 - APPLICABLE LAW

These Terms and Conditions of Service and any separate agreements under which we provide you with the Services will be governed and interpreted in accordance with the laws in force in Europe.


SECTION 19 - CHANGES TO THE TERMS AND CONDITIONS OF SERVICE

You can view the most up-to-date version of the Terms and Conditions of Service at any time on this page.

We reserve the right in our sole discretion to update, modify or replace any part of these Terms and Conditions of Service by posting updates and changes on our website. It is your responsibility to periodically check for changes to our website. Your continued use of or access to the website or the Service after posting of any changes to these Terms and Conditions of Service constitutes acceptance of such changes.

SECTION 20 - CONTACTS

Any questions regarding the Terms and Conditions of Service must be sent to us at info@artifyl.com.