Terms of service

OVERVIEW
Welcome to ArtDesignMC! The terms “we”, “us” and “our” refer to ArtDesignMC. ArtDesignMC operates this store and website, including all related information, content, features, tools, products and services, to provide you, the customer, with a curated shopping experience (the “Services”). ArtDesignMC is powered by Shopify, which enables us to provide the Services to you.
The following terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they contain important information about your legal rights and cover matters such as disclaimers of warranties and limitations of liability.
By visiting, using or interacting with our Services, you agree to these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the 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 that you have given us your consent to allow any of your minor dependants to use the Services on devices that you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing the products and services we offer, you may be asked to provide certain information, such as your email address and billing, payment and shipping information. You represent that all information you provide in our stores is accurate, current and complete and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign or license your account to any third party.
SECTION 2 – OUR PRODUCTS
We have made every effort to display our products and services accurately in our online stores. However, the colors or appearance of products may differ from how they appear on your screen depending on the type of device used to access the store and its settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or match the images or depictions 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 products offered to any person, geographic region or jurisdiction on a case-by-case basis.
SECTION 3 – ORDERS
When you place an order, you make an offer to purchase. ArtDesignMC reserves the right, at its sole discretion and for any reason, to accept or reject your order. Your order is not accepted until ArtDesignMC confirms its acceptance. We must receive and process your payment before your order can be accepted. Please review your order carefully before submitting it, as ArtDesignMC may be unable to accommodate cancellation requests after an order has been accepted. If we do not accept, modify or cancel an order, we will attempt to notify you using the email address, billing address and/or telephone number provided with the order.
Returns or exchanges of purchases are governed by our Refund Policy.
You represent and warrant that your purchases are intended for personal or household use and not for commercial resale or export.
SECTION 4 – PRICES AND BILLING
Prices, discounts and promotions may change without notice. The price charged for a product or service is the price in effect when the order is placed and will be stated in your order confirmation email. Unless expressly stated otherwise, quoted prices exclude taxes, shipping charges, handling fees, customs duties and import charges.
Prices displayed in our online stores may differ from prices in our physical stores or in online and other stores operated by third parties. From time to time, we may offer promotions relating to the Services that affect pricing and are governed by separate terms. If the terms of a promotion conflict with these Terms, the promotion terms will prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our stores. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct and complete, (ii) you are duly authorized to use that 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 by you at the stated prices, including shipping and handling charges and any applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY
We are not liable for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs clearance or events beyond our control. Once we transfer the goods 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, product reviews, videos and audio files, and their design, selection and arrangement, are owned by ArtDesignMC, its affiliates or licensors and are protected by applicable intellectual property laws.
These Terms permit you to use the Services solely for your personal, non-commercial use. Without our prior written consent, you may not reproduce, distribute, modify, publicly display, publicly perform, republish, download, store, transmit or create derivative works from any material available through the Services. Except as expressly provided herein, nothing in these Terms grants or may be construed as granting you any license or other right under any patent, trademark, copyright or other intellectual property of ArtDesignMC, Shopify or any third party. All rights not expressly granted herein are reserved by ArtDesignMC.
The ArtDesignMC name, logo, product and service names, designs and slogans are trademarks of ArtDesignMC or its affiliates or licensors. You may not use these marks without ArtDesignMC’s prior written permission. The Shopify name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing on the Services are trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may be given access through the Services to customer tools offered by third parties. We do not monitor and have no control over or input into these tools.
You acknowledge and agree that we provide access to such tools “as is” and “as available”, without warranties, representations or conditions of any kind and without endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the website is entirely at your own risk and discretion. You should ensure that you are familiar with and approve the terms on which the tools are provided by the relevant third-party providers.
We may also offer new features through the Services in the future, including the release of new tools and resources. Such new features will also be deemed part of the Services and will be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
The Services may include materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you access. If you leave the Services to access such third-party materials or websites, you do so at your own risk.
We are not liable for any harm related to your access to third-party websites or your purchase or use of products, services, resources or content on third-party websites. Please carefully review the third party’s policies and practices before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the relevant third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
ArtDesignMC is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases made in our store are made directly with ArtDesignMC. By using the Services, you acknowledge that Shopify is not responsible for any aspect of sales between you and ArtDesignMC, including any injury, damage or loss arising from products and services purchased. You expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or relating to your purchases and transactions with ArtDesignMC.
SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may also be subject to Shopify’s Privacy Policy, available at Shopify Privacy. By using the Services, you acknowledge that you have read these privacy policies.
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. Information you submit to the Services may be transmitted to and shared with Shopify and third parties that may be located in a country other than your country of residence in order to provide services to you.
SECTION 11 – FEEDBACK
If you send, upload, post, email or otherwise transmit 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 that Feedback in any media for any purpose, including commercial purposes.
You represent that you own or have all necessary rights to all Feedback, have disclosed any compensation or incentives received in connection with submitting it, and that your Feedback complies with these Terms. We are under no obligation to keep Feedback confidential, compensate you for it, or respond to it.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine is unlawful, offensive, threatening, defamatory, obscene, otherwise objectionable, or that violates intellectual property rights or these Terms.
You agree that your Feedback will not violate any rights of any third party and will not contain unlawful, abusive or obscene material, viruses or other malware. You may not use a false email address, impersonate another person or otherwise mislead us or third parties as to the origin of Feedback. You are solely responsible for Feedback you submit and its accuracy.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on or in the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders if any information is inaccurate at any time, without prior notice, including after you have submitted your order.
SECTION 13 – PROHIBITED USES
You may use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly, for unlawful or malicious purposes; to violate laws or regulations; to infringe intellectual property rights; to harass, abuse, defame or harm others; to submit false or misleading information; to distribute material that does not comply with these Terms; to send spam or similar unsolicited communications; to impersonate another person or entity; or to engage in conduct that restricts another person’s use of the Services or may harm ArtDesignMC, Shopify or users of the Services.
You further agree not to upload or transmit malicious code; reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; collect or track personal information of others; misuse the Services through spam, phishing, pharming or pretexting; use robots, spiders, scraping or data-extraction tools, automated devices or processes, AI tools or automated or manual means to access the Services in violation of our restrictions; or interfere with, bypass or circumvent security, authorization or access-control measures. We reserve the right to suspend, disable or terminate your account if we determine that you have violated these Terms.
SECTION 14 – AGENTS
14.1 This section (“Agent Terms”) applies if you use, permit, enable or cause the deployment of an Agent to access, use or interact with the Services. “Agent” means software or a service that acts autonomously or semi-autonomously on behalf of or at the direction of a natural or legal person and that may operate without direct supervision.
14.2 No Agent may access, use or interact with the Services unless it identifies itself at all times and acts in strict compliance with the requirements below. No Agent may access, use or interact with the Services if we have requested that it cease doing so.
14.3 We may, including through technical measures, restrict whether and how an Agent accesses, uses and interacts with the Services.
14.4 Agents must identify themselves in HTTP/HTTPS requests, must not conceal or obscure that interactions originate from an Agent, must respond truthfully to prompts intended to determine whether interactions originate from a human or computer, and must not circumvent measures intended to control Agent access to Shopify Consumer Services.
SECTION 15 – TERMINATION
We may terminate this agreement or 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 all amounts due up to and including the date of termination.
Provisions that by their nature should survive termination will continue to apply, including Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law and Privacy provisions.
SECTION 16 – DISCLAIMER OF WARRANTIES
The information provided on or through the Services is for general informational purposes only. We make no warranty as to its accuracy, completeness or usefulness. Any reliance on such information is strictly at your own risk.
UNLESS EXPRESSLY STATED BY ARTDESIGNMC, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED FOR YOUR USE “AS IS” AND “AS AVAILABLE”, WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR PROHIBIT THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 17 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ARTDESIGNMC, 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, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PROCURED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED TO YOUR USE OF THE SERVICES OR A PRODUCT, INCLUDING ERRORS OR OMISSIONS IN CONTENT or loss or damage arising from use of the Services or content or products made available through the Services, even if advised of their possibility.
SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless ArtDesignMC, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to a third party arising from or relating to your breach of these Terms, your violation of applicable law or third-party rights, or your access to and use of the Services.
We will notify you of any indemnifiable claim. Delayed notice will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including selection of counsel, but will not settle a claim requiring non-monetary obligations from you without your consent. You will cooperate in the defense of indemnified claims.
SECTION 19 – SEVERABILITY
If any provision of these Terms is found unlawful, void or unenforceable, that provision will nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed. The validity and enforceability of the remaining provisions will not be affected.
SECTION 20 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
These Terms, together with any policies or operating rules posted by us on this website or in respect of the Services, constitute the entire agreement between you and us and govern your use of the Services. They supersede prior or contemporaneous agreements, communications and proposals, whether oral or written.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 21 – ASSIGNMENT
You may not delegate, assign or transfer this agreement or your rights or obligations under these Terms without our prior written consent, and any such attempt is void. We may assign, transfer or delegate these Terms and our rights and obligations without your consent or notice.
SECTION 22 – GOVERNING LAW
These Terms and any separate agreements under which we provide Services are governed by and construed in accordance with the jurisdiction of the courts at the location of ArtDesignMC’s registered business address. You and ArtDesignMC consent to the venue and personal jurisdiction of those courts.
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 THE TERMS OF SERVICE
You can review the most current version of the Terms at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of material changes as required by applicable law. Your continued use of or access to the Services after changes are posted constitutes acceptance of those changes.
SECTION 25 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to martin.benko@icloud.com.
ArtDesignMC
Rifer Hauptstrasse 142
5400 Hallein
Austria
Email: martin.benko@icloud.com
VAT ID: ATU83457117