Terms of service

Terms of Service

OVERVIEW

Welcome to DriftArt. The terms "we", "us" and "our" refer to DriftArt. DriftArt operates this shop 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"). DriftArt is powered by Shopify, which enables us to provide the Services.

The following Terms and Conditions, together with all policies referenced herein (the "Terms of Service" or "Terms"), set out your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as disclaimers and limitations of liability.

By accessing, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy https://driftart.com/policies/privacy-policy. If you do not agree to these Terms of Service or the Privacy Policy, you should not use our Services.

SECTION 1: ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in the country or region where you live, and that you have given permission for any minors in your care to use the Services on devices you own, purchase or manage.

To use the Services, including accessing, browsing or purchasing any products or services from our online shops, you may be asked to provide certain information, such as your email address, billing address, payment details and delivery address. You represent and warrant that all information you provide in our shops is accurate, current and complete, and that you have all necessary rights to provide such information.

You are solely responsible for keeping your account credentials secure and for all activity carried out under your account. You may not transfer, sell or assign your account to anyone else, or grant any licences in relation to that account.

SECTION 2: OUR PRODUCTS

We have made every effort to display our products and services as accurately as possible in our online shops. However, please be aware that the colours or appearance of a product may differ from what you see on your screen depending on your device and its settings.

We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or be identical to those shown in our online shops.

All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities offered to any person, geographic region or jurisdiction.

SECTION 3: ORDERS

When you place an order, you are making an offer to purchase. DriftArt reserves the right to accept or decline your order for any reason at its sole discretion. Your order will not be deemed accepted until DriftArt confirms acceptance. We must receive and process your payment before your order can be accepted. Please review your order carefully before it is dispatched, as DriftArt may be unable to accommodate cancellation requests once an order has been accepted. If we do not accept, amend or cancel an order, we will try to notify you using the email address, billing address or phone number you provided when placing the order.

Your purchases are subject to returns or exchanges solely in accordance with our Refund Policy https://driftart.com/policies/refund-policy

You represent and warrant that your purchases are for personal or household use only, and not for resale or commercial export.

SECTION 4: PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed, as shown in your order confirmation email. Unless expressly stated otherwise, prices displayed do not include taxes, delivery, handling, customs or import duties.

Prices shown in our online shops may differ from those offered in physical shops, online shops or by third parties. From time to time, we may offer promotions on the Services that affect pricing and are governed by terms separate from these Terms. If there is any conflict between the terms of a promotion and these Terms, the promotional terms will prevail.

For all purchases made in our shops, you agree to provide current, complete and accurate purchase, payment and account information. You agree to promptly update your account and other details, such as your email address and card numbers and expiry dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the card details you have provided are true, correct and complete; (ii) you are duly authorised to use that card for the purchase; (iii) charges you incur will be honoured by your card issuer; and (iv) you will pay the charges you incur at the prices displayed, including any applicable delivery, handling and taxes.

SECTION 5: SHIPPING AND DELIVERY

We are not responsible for delays in shipping or delivery. All delivery times are estimates only and are not guaranteed. We shall not be liable for delays caused by couriers, customs procedures or events beyond our control. Once we hand the products over to the courier, risk and title pass to you.

SECTION 6: INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, trade names, text, samples, images, graphics, product reviews, audio and video, and the design, selection and arrangement of all of the above, are the property of DriftArt, its affiliates or licensors, and are protected by national and international intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works from, publicly display, include in public demonstrations, republish, download, store or transmit any material contained in the Services without our prior written consent. Unless expressly stated, nothing in these Terms grants you any licence or right under any patents, trademarks, copyright or other intellectual property of DriftArt, Shopify or any third party. Unauthorised use of the Services may infringe intellectual property laws. DriftArt reserves all rights not expressly granted herein.

DriftArt's names, logos, products and slogans are trademarks of DriftArt, its affiliates or licensors. You may not use these trademarks without the prior written permission of DriftArt. Shopify's names, logos, products and slogans are trademarks of Shopify. All other trademarks used in connection with the Services belong to their respective owners.

SECTION 7: OPTIONAL TOOLS

As part of the Services, we may give you access to third-party tools over which we have no control or oversight.

You acknowledge and agree that we provide access to such tools "as is" and "as available", without any warranties, representations or endorsement of any kind. We shall not be liable for any issues arising from your use of such third-party tools.

Any use of such tools is entirely at your own risk and discretion, and you should ensure that you are familiar with and accept the terms under which the relevant third-party provider offers them.

In the future, we may also offer new features through the Services (including new tools and resources). Such new features will also be subject to these Terms of Service.

SECTION 8: THIRD-PARTY LINKS

The Services may contain materials and links to third-party websites (including embedded features). We do not review, evaluate or accept responsibility for the accuracy or completeness of any external materials or websites you access. If you choose to leave the Services to access them, you do so at your own risk.

We are not liable for any harm or damage related to your access to third-party websites or your purchase or use of third-party products or services. Any complaints, concerns or questions about third-party products or services should be directed to the relevant provider.

SECTION 9: RELATIONSHIP WITH SHOPIFY

DriftArt is powered by Shopify, which enables us to provide the Services. However, any purchase made through our shop is between you and DriftArt directly. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of such sales, including any damage, loss or injury resulting from the products or services you purchase. You hereby release Shopify and its affiliates from any claims, damages or liability arising from your purchases or transactions with DriftArt.

SECTION 10: PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, and certain information may also be subject to Shopify's Privacy Policy, which you can view. By using the Services, you acknowledge that you have read these policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information relating to your access to and use of the Services in order to provide and improve them. To provide the Services, the information you submit will be transmitted to Shopify and to third parties that may be located outside your country. For more information on how we use personal information, please see our Privacy Policy.

SECTION 11: FEEDBACK AND SUGGESTIONS

If you submit, upload, post, email or transmit any ideas, suggestions, comments, reviews, proposals, plans or other content (together, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium and for any purpose, including commercial purposes. For example, we may use this licence to operate, evaluate, optimise, improve and promote the Services, and to enforce our rights under these Terms of Service.

You also represent and warrant that: (i) you own all rights to your Feedback; (ii) you have disclosed any compensation or incentives received in connection with providing that Feedback; and (iii) your Feedback will comply with these Terms. We are under no obligation to (1) keep your Feedback confidential; (2) compensate you for your Feedback; or (3) respond to your Feedback.

We may, at our discretion, monitor, edit or remove any Feedback that we consider unlawful, offensive, threatening, defamatory, pornographic, inappropriate or in breach of third-party rights or these Terms of Service, but we are under no obligation to do so. You agree that your Feedback will not infringe any third-party rights or contain defamatory, unlawful, abusive or obscene material, or any viruses or other malware. You will not use a false email address, impersonate anyone else or otherwise mislead us as to the origin of any Feedback. You are responsible for your Feedback and its accuracy. We accept no responsibility for any Feedback posted by you or by any third party.

We may take control of the defence or settlement of any claim at your expense (including choice of legal counsel) without your consent, provided it does not impose any non-monetary obligations on you.

SECTION 12: ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, delivery charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders, even after they have been placed, without prior notice.

SECTION 13: PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not use the Services, directly or indirectly:

a) for any unlawful or harmful purpose;
b) to breach any local, national or international laws;
c) to infringe your own or anyone else's intellectual property rights;
d) to harass, abuse, offend, defame or intimidate others;
e) to transmit false or misleading information;
f) to upload, download, use or reuse any content that does not comply with these Terms;
g) to facilitate the sending of bulk email, spam or similar content;
h) to impersonate anyone or misrepresent your affiliation with any person or entity;
i) to engage in any conduct that restricts or prevents others from using the Services, or that harms DriftArt, Shopify or users of the Services or exposes them to liability.

In addition, you may not:

a) upload or transmit any viruses or malicious code;
b) reproduce, duplicate, copy, sell, resell or exploit any part of the Services;
c) collect or track the personal information of others;
d) engage in unsolicited advertising (spam), phishing, fraud or web scraping;
e) interfere with or circumvent the security features of the Services, the website or any other systems.

We reserve the right to suspend, disable or terminate your account at any time without notice if we determine that you have breached these Terms.

SECTION 14: TERMINATION

We may terminate this Agreement or suspend your access to the Services (or any part of them) at our sole discretion at any time, without notice, and you will remain liable for any amounts owed up to and including the date of termination.

The following sections will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnity, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provision that by its nature should survive.

SECTION 15: DISCLAIMER OF WARRANTIES

Information provided on or through the Services is for general information purposes only. We do not guarantee the accuracy, completeness or usefulness of such information. Any reliance you place on this information is strictly at your own risk. We disclaim all liability arising from any reliance placed on such materials by you or any other visitor to the Services.

EXCEPT AS EXPRESSLY STATED BY DRIFTART, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, so this clause may not fully apply to you.

SECTION 16: LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, DRIFTART, OUR PARTNERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS, AND SHOPIFY AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, SAVINGS, DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, HOWEVER ARISING, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM YOUR USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) AVAILABLE THROUGH THE SERVICES.

SECTION 17: INDEMNITY

You agree to defend, indemnify and hold harmless DriftArt, Shopify and our affiliates, partners, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities, claims or expenses (including reasonable legal fees) arising from (1) your breach of these Terms of Service or any documents incorporated by reference; (2) your breach of any law or third-party rights; or (3) your access to or use of the Services.

We will notify you of any claim subject to indemnification, although any failure to notify you promptly will not relieve you of your obligations unless you are materially prejudiced. We may, at our discretion, take control of the defence or settlement of such a claim at your expense (including choice of legal counsel), but we may not settle any claim that imposes non-monetary obligations on you without your consent (which shall not be unreasonably withheld). You agree to cooperate with our defence, including by providing relevant documents.

SECTION 18: SEVERABILITY

If any provision of these Terms of Service is found to be invalid, unlawful or unenforceable under applicable law, that provision shall be enforced to the fullest extent permitted by applicable law, and the remainder of these Terms shall remain in full force and effect.

SECTION 19: WAIVER; ENTIRE AGREEMENT

Any failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

These Terms of Service, together with any policies or operating rules we publish on this website in relation to the Services, constitute the entire agreement and understanding between you and us regarding your use of the Services. They supersede all prior agreements, whether oral or written.

Any ambiguity in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 20: ASSIGNMENT

You may not assign, transfer or delegate this Agreement or any of your rights or obligations under these Terms without our prior written consent; any attempt to do so will be void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice.

SECTION 21: GOVERNING LAW

These Terms of Service and any separate agreements under which we provide you with the Services shall be governed by the laws of the jurisdiction in which DriftArt is based, without regard to conflict of law principles. You and DriftArt irrevocably submit to the exclusive jurisdiction of the courts of that jurisdiction.

SECTION 22: HEADINGS

The headings used in this agreement are for convenience only and shall not limit or otherwise affect these Terms.

SECTION 23: CHANGES TO THESE TERMS OF SERVICE

You can review the most current version of the Terms of Service on this page at any time.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes where required by law, and such changes will take effect on the date stated. Your continued use of the Services following such changes constitutes your acceptance of the new Terms.

SECTION 24: CONTACT INFORMATION

If you have any questions about these Terms of Service, please contact us at:
driiftart.store@gmail.com