Terms of service
OVERVIEW
Welcome to Studio Damian! The terms “we”, “us”, and “our” refer to Studio Damian. Studio Damian operates this shop and website, including all associated information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the “Services”). Studio Damian is powered by Shopify, which enables us to offer these Services to you.
The following Terms and Conditions, along with the policies referenced herein (these “Terms and Conditions” or “Terms”), outline your rights and responsibilities when using the Services.
Please read these Terms and Conditions carefully, as they contain important information about your legal rights and cover topics such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms and Conditions and our Privacy Policy [LINK]. If you do not agree to these Terms or the Privacy Policy, you may not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms, you confirm that you are of legal age in your state or region of residence, and you consent to allow any of your minor dependents to use the Services on devices that you own, have purchased, or manage.
To use the Services, including accessing or browsing our online stores or purchasing products or services we offer, you may be required to provide certain information such as your email address, billing details, payment information, and shipping address. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have full authority to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activities that occur under your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We have made every effort to display our products and services in our online stores as accurately as possible. However, please note that colors or the appearance of products may vary from those shown on your screen, depending on the device you use to access the shop and its settings or configuration.
We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or match the representations in our online stores.
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 of any products we offer to any person, geographic region, or jurisdiction on a case-by-case basis.
SECTION 3 – ORDERS
By placing an order, you are making an offer to purchase. Studio Damian reserves the right to accept or reject your order at its sole discretion for any reason. Your order is not considered accepted until it has been confirmed by Studio Damian. Acceptance of your order is subject to receipt and processing of your payment. Please review your order carefully before submitting it, as Studio Damian may not be able to accommodate cancellation requests once an order is accepted. If we are unable to accept, modify, or cancel an order, we will attempt to notify you via the email address, billing address, and/or phone number you provided when placing the order.
Returns or exchanges of your purchases are only possible in accordance with our Return Policy [LINK].
You represent and warrant that your purchases are intended for personal use or household use and not for commercial resale or export.
SECTION 4 – PRICING AND BILLING
Prices, discounts, and special offers are subject to change without prior notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be stated in your order confirmation email. Unless expressly stated otherwise, listed prices do not include taxes, shipping and handling charges, customs duties, or import fees.
The prices displayed in our online stores may differ from prices available in physical retail stores or in online or other stores operated by third parties. From time to time, we may offer promotions that affect pricing and are subject to different terms than those set forth in these Terms and Conditions. In the event of a conflict between the terms of a promotion and these Terms, the promotional terms shall prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You also agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you if needed.
You represent and warrant that (i) the credit card information you provide is truthful, accurate, and complete, (ii) you are authorized to use the credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay the charges incurred at the posted prices, including any shipping and handling fees and applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. All delivery times provided are estimates only and are not guaranteed. We are not liable for delays caused by shipping carriers, customs processing, or events outside our control. Once we hand the products over to the shipping provider, ownership and risk of loss pass to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services—including, but not limited to, all trademarks, trade names, text, images, graphics, product reviews, video and audio files, and their design, selection, and arrangement—are the property of Studio Damian, its affiliates, or its licensors, and are protected by U.S. and international patent, copyright, and other intellectual property laws.
These Terms grant you permission to use the Services solely for personal, non-commercial purposes. Without our prior written consent, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services. Unless explicitly stated in these Terms, nothing grants you a license or other rights to Studio Damian’s, Shopify’s, or any third party’s patents, trademarks, copyrights, or other intellectual property.
Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by Studio Damian.
The names, logos, product and service names, designs, and slogans of Studio Damian are trademarks of Studio Damian, its affiliates, or licensors. You may not use these marks without prior written permission. Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the property of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may be given access to third-party tools through the Services which we neither monitor nor control.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use of optional tools provided through the Services is entirely at your own risk and discretion, and it is your responsibility to familiarize yourself with and accept the terms under which such tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features will also be subject to these Terms and Conditions.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party features). We are not responsible for reviewing or evaluating the content or accuracy of third-party materials or websites that you access at your own discretion. If you choose to leave the Services to access such materials or third-party websites, you do so at your own risk.
We are not liable for any damages or losses arising from your access to third-party websites or from the purchase or use of products, services, resources, or content on such websites. You should carefully review the policies and practices of the third party and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the respective third party.
SECTION 9 – RELATIONSHIP TO SHOPIFY
[NOTE FOR MERCHANTS: This section accurately characterizes Shopify’s relationship to your shop and should not be removed or modified.]
Studio Damian is hosted by Shopify, enabling us to provide the Services to you. However, all sales and purchases you make through our shop are concluded directly with Studio Damian. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspects of the transactions between you and Studio Damian, including injuries, damages, or losses arising from purchased products or services. You expressly release Shopify and its affiliates from all liability for any claims, damages, and obligations arising from or related to your purchases and transactions with Studio Damian.
SECTION 10 – PRIVACY POLICY
All personal data we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK]. In addition, certain personal data may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you confirm that you have read these privacy policies.
Since the Services are hosted by Shopify, Shopify collects and processes personal data related to your access and use of the Services in order to provide and improve them. Any data you submit through the Services will be shared with Shopify and with third-party providers, who may be located in countries different from your country of residence, to deliver the Services to you. For more information on how we, Shopify, and our partners use your personal data, please refer to our Privacy Policy [LINK].
SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. For example, we may use our rights under this license to operate, provide, improve, promote, and expand the Services, fulfill our obligations, and enforce our rights under these Terms.
You also represent and warrant that: (i) you own or otherwise have full rights to the Feedback content; (ii) you have disclosed any compensation or incentives received in connection with the submission of your Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation to (1) treat your Feedback as confidential, (2) compensate you for your Feedback, or (3) respond to your Feedback.
We reserve the right, but are not obligated, to monitor, edit, or remove Feedback that we, at our sole discretion, consider unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable or that violates intellectual property rights or these Terms.
You affirm that your Feedback does not infringe on the rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further affirm that your Feedback does not contain defamatory or otherwise unlawful, abusive, or obscene material and is free of viruses or other malware that could affect the operation of the Services or any related website. You may not use a false email address, impersonate another person or entity, or mislead us or third parties as to the origin of the Feedback. You are solely responsible for the accuracy and legality of your Feedback. We assume no responsibility or liability for Feedback posted by you or any third party.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, the information provided on or through the Services may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, delivery times, and availability. We reserve the right to correct any such errors, inaccuracies, or omissions and to change or update information or cancel orders at any time without prior notice (including after you have submitted your order).
SECTION 13 – PROHIBITED USES
You may access and use the Services only for lawful purposes. You agree not to use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, state, or local regulations, laws, or ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against our employees or any other person; (e) to submit false or misleading information; (f) to transmit, knowingly receive, upload, download, use, or reuse any material that does not comply with these Terms; (g) to send or facilitate the sending of advertising or promotional material, including “junk mail,” chain letters, “spam,” or other similar solicitations; (h) to impersonate or attempt to impersonate another person or entity; (i) to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which may harm Studio Damian, Shopify, or users of the Services, or expose them to liability.
Additionally, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) engage in spam, phishing, pharming, pretexting, spidering, crawling, or scraping; or (e) interfere with or circumvent the security features of the Services, related websites, other websites, or the Internet.
We reserve the right to suspend, deactivate, or terminate your account at any time and without notice if we determine that you have violated any part of these Terms.
SECTION 14 – TERMINATION OF THE CONTRACTUAL RELATIONSHIP
We may terminate this Agreement or your access to the Services (or parts thereof) at our sole discretion at any time without prior notice. You will remain liable for all amounts due up to the date of termination.
The following sections shall survive the termination of the contractual relationship: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and all other provisions that by their nature should survive termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
The information presented in or through the Services is for general informational purposes only. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
UNLESS EXPRESSLY STATED BY Studio Damian, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT EXPRESS OR IMPLIED WARRANTIES, WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT OR REPRESENT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. SECTION 16 – LIMITATION OF LIABILITY
To the extent permitted by law, Studio Damian, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, or those of Shopify and its affiliates, shall under no circumstances be liable for any injuries, losses, claims, or direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes, but is not limited to, lost profits, lost revenue, lost savings, data loss, replacement costs, or similar damages—whether based in contract, tort (including negligence), strict liability, or otherwise—arising from your use of the services or any products obtained through the services, or for any other claim related in any way to your use of the services or any product. This also includes, but is not limited to, any errors or omissions in content or any loss or damage of any kind incurred as a result of the use of the services or any content (or product) posted, transmitted, or otherwise made available via the services, even if advised of their possibility.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Studio Damian, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims (including reasonable attorney’s fees) payable to third parties arising out of: (1) your breach of these Terms and Conditions or the documents they reference, (2) your violation of any law or the rights of a third party, or (3) your access to or use of the services.
We will notify you of any indemnifiable claims, provided that failure to promptly notify you will not relieve you of your obligations unless you are materially disadvantaged as a result. We may assume control of the defense and settlement of such claims at your expense, including choice of legal counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (which shall not be unreasonably withheld). You agree to cooperate in the defense of indemnified claims, including providing relevant documentation.
SECTION 18 – SEVERABILITY
If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms and Conditions. Such determination shall not affect the validity and enforceability of any remaining provisions.
SECTION 19 – WAIVER, ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions, along with any policies or operating rules posted by us on this website or in relation to the service, constitute the entire agreement and understanding between you and us and govern your use of the service. They supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including but not limited to earlier versions of these Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the party that drafted them.
SECTION 20 – ASSIGNMENT
You may not assign, transfer, or delegate this agreement or your rights or obligations under these Terms and Conditions without our prior written consent, and any attempt to do so is null and void. We may assign, transfer, or delegate these terms and our rights and obligations without your consent or notice.
SECTION 21 – GOVERNING LAW
These Terms and Conditions and all separate agreements under which we provide you services shall be governed by and construed in accordance with the federal and state or territorial courts of the country where Studio Damian’s headquarters are located. You and Studio Damian agree to submit to the jurisdiction and personal venue of these courts.
SECTION 22 – HEADINGS
The headings used in this agreement are for convenience only and have no effect on these Terms and Conditions.
SECTION 23 – CHANGES TO TERMS AND CONDITIONS
You may review the most current version of the Terms and Conditions at any time on this page.
We reserve the right to update, change, or replace parts of these Terms and Conditions at our sole discretion by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these terms in accordance with applicable law. Such changes take effect on the date specified in the notice. By continuing to use or access the services after those changes become effective, you agree to be bound by the revised Terms and Conditions.
SECTION 24 – CONTACT INFORMATION
If you have any questions about these Terms and Conditions, please contact us at contact@studiodamian.de.
