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 all policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and obligations when using the Services.
Please read these Terms 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 and our Privacy Policy here. If you do not agree to these Terms or the Privacy Policy, you should not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms, 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 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 rights necessary to provide it.
You are solely responsible for the security of your login credentials and all activity on 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 colours or appearance of products may differ from what you see on your screen, depending on the type of device you use to access the store and its settings and configuration.
We do not warrant that the appearance or quality of any products or services you purchase will meet your expectations or match the images or representations in our online stores.
All product descriptions may be changed at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and to limit, on a case-by-case basis, the quantities of products we offer to any person, geographic region or jurisdiction.
SECTION 3 – ORDERS
When you place an order, you make an offer to purchase. ArtDesignMC reserves the right to accept or reject your order for any reason at its discretion. 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 acceptance. If we do not accept, change or cancel an order, we will attempt to notify you using the email address, billing address and/or telephone number you provided when placing the order.
Returns or exchanges of your purchases are governed exclusively by the provisions of our Right of Withdrawal Policy here.
You represent and warrant that your purchases are intended for your 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, displayed prices do not include taxes, shipping costs, handling fees, customs duties or 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 subject to separate terms and conditions. If a promotion’s terms conflict with these Terms, the promotion’s terms prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You agree to promptly update your account information and other details, including your email address and credit card numbers and expiry 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 authorised to use that credit card for the purchase; (iii) the charges you incur will be honoured by your credit card company; and (iv) you will pay the charges you incur 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 carriers, customs clearance or events beyond our control. Once we hand 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 trade names, trademarks, text, advertisements, 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 US and foreign patent, copyright and other 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 materials on the Services. Unless expressly provided herein, nothing in these Terms grants, or may be construed as granting, any licence or other rights under any patent, trademark, copyright or other intellectual property of ArtDesignMC, Shopify or a third party. Unauthorised use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by ArtDesignMC.
ArtDesignMC’s names, logos, product and service names, designs and slogans are trademarks of ArtDesignMC or its affiliates or licensors. You may not use them without ArtDesignMC’s 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 trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
As part of the Services, you may be given access to customer tools offered by third parties. We do not monitor these tools and have no control or influence over them.
You acknowledge and agree that we provide access to such tools “as is” and “as available”, without any warranties, representations or conditions and without any endorsement. We assume no liability for any harm 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 therefore familiarise yourself with and accept the terms of use of the relevant third-party tools.
We may also offer new features through the Services in the future, including the release of new tools and resources. Such features are also considered part of the Services and are subject to these Terms.
SECTION 8 – EXTERNAL 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 examining or evaluating the content or accuracy of third-party materials or websites you access. If you leave the Services to access them, you do so at your own risk.
We are not liable for any harm related to your access to external websites or your purchase or use of products, services, resources or content on external websites. Please review the third party’s policies and practices carefully and ensure you understand them before making a transaction. Complaints, claims, concerns or questions about third-party products and services should be directed to that 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 you make in our store are 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 injuries, damages or losses resulting from the purchase of products and services. You hereby 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, available here, and certain personal information may be subject to Shopify’s Privacy Policy, available here. 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 them for you. Information you submit to the Services is 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. For more information on how we, Shopify and our partners use your personal information, please see our Privacy Policy here.
SECTION 11 – FEEDBACK
If you send, upload, post, email or otherwise submit ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback in any media for any purpose, including commercial purposes. For example, we may use our rights under this licence to operate, provide, evaluate, expand, improve and promote the Services and to fulfil our obligations and exercise our rights under these Terms.
You further represent that (i) you own or have all rights necessary to all Feedback; (ii) you have disclosed all compensation or incentives received in connection with submitting it; and (iii) your Feedback complies with these Terms. We are and remain under no obligation to (1) keep your Feedback confidential; (2) pay you compensation for it; or (3) respond to it.
We may, but are not obliged to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party’s intellectual property or these Terms.
You agree that your Feedback will not violate third-party rights, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that it will not contain defamatory or otherwise unlawful, abusive or obscene statements, or computer viruses or other malware that could affect the operation of the Services or any related website in any way. You may not use a false email address, impersonate another person or otherwise mislead us or third parties about the origin of Feedback. You are solely responsible for any Feedback you provide and its accuracy. We assume no responsibility or liability for Feedback posted by you or third parties.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on or in the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, product 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: (a) for unlawful or malicious purposes; (b) to violate international, federal, provincial or state regulations, rules, laws or local ordinances; (c) to infringe or violate our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, slander, disparage or intimidate our employees or others; (e) to submit false or misleading information; (f) to send, knowingly receive, upload, download, use or reuse material that does not comply with these Terms; (g) to send or cause to be sent advertising or promotional material, including junk mail, chain letters, spam or similar unsolicited communications; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in any other conduct that restricts or inhibits others’ use or enjoyment of the Services or that, in our judgment, could harm ArtDesignMC, Shopify or users of the Services or expose them to liability.
You further agree not to: (a) upload or transmit viruses or other malicious code that is or could be used in a way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or otherwise exploit any part of the Services; (c) collect or track others’ personal information; (d) abuse the Services through spam, phishing, pharming or pretexting; (e) use robots, spiders, scraping tools, data collection and extraction tools, automatic devices or processes, AI tools such as agentic AI, or automated or manual means to access the Services; or (f) interfere with, bypass or tamper with security or authorisation features, robot exclusion headers or other measures we use to restrict access to the Services. We reserve the right to suspend, disable or terminate your account at any time without notice if we determine that you have violated any part of these Terms.
SECTION 14 – AGENTS
14.1 This section (“Agent Terms”) applies if you use, permit, enable or cause an Agent to access, use or interact with the Services. “Agent” means any software or service acting autonomously or semi-autonomously on behalf of or at the direction of a natural or legal person and capable of operating on behalf of a person or using that person’s device 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 of Section 14.4 below. No Agent may access, use or interact with the Services if we have asked it to cease accessing, using or interacting with any Service.
14.3 We may, including through technical measures, restrict whether and how an Agent accesses, uses and interacts with the Services.
14.4 Agents: (i) must indicate in all HTTP/HTTPS requests that the request originates from an Agent and disclose the Agent’s name by including “Agent/[Agent name]” in the request’s User-Agent string; (ii) must not conceal or obscure that access, use or interactions originate from an Agent, including by (a) imitating human behaviour and interaction patterns or (b) completing or bypassing CAPTCHAs or measures designed to distinguish computer use from human use; (iii) must respond truthfully to questions or prompts intended to determine whether interactions originate from a human or a computer; and (iv) must not bypass or otherwise avoid measures intended to prevent, restrict, modify or control whether and how Agents access, use or interact with 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 remain liable for all amounts due up to and including the termination date.
The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provisions that by their nature should survive termination.
SECTION 16 – DISCLAIMER OF WARRANTIES
The information provided on or through the Services is for general information only. We do not warrant its accuracy, completeness or usefulness. Any reliance on it is strictly at your own risk. We disclaim all liability and responsibility arising from reliance on such materials by you, any other visitor to the Services or any third party who becomes aware of their content.
UNLESS EXPRESSLY STATED BY ArtDesignMC, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED FOR YOUR USE “AS IS” AND “AS AVAILABLE”, WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS RESTRICT 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 DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST SAVINGS, DATA LOSS, REPLACEMENT COSTS OR SIMILAR DAMAGES, WHETHER CLAIMED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THEM, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR A PRODUCT, INCLUDING BUT NOT LIMITED TO ERRORS AND OMISSIONS IN ANY CONTENT, OR LOSS OR DAMAGE OF ANY KIND ARISING FROM USE OF THE SERVICES OR CONTENT OR PRODUCTS POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THEM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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 all losses, damages, liabilities or claims, including reasonable legal fees, payable to third parties arising out of or relating to (1) your breach of these Terms or documents incorporated into them by reference; (2) your violation of applicable law or third-party rights; or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that delayed notice will not relieve you of your obligations unless it materially prejudices you. We may control the defence and settlement of such a claim at your expense, including the choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent, which must not be unreasonably withheld. You will cooperate in the defence of indemnified claims, including by providing relevant documents.
SECTION 19 – SEVERABILITY
If any provision of these Terms is found unlawful, invalid or unenforceable, it will nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms. Such a determination will not affect the validity and enforceability of the remaining provisions.
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 all policies or operating rules we publish on this website or in relation to the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services. They supersede all prior or contemporaneous agreements, communications and proposals between you and us, whether oral or written, including earlier versions of these Terms.
Any ambiguities in interpreting these Terms shall not be construed against the party that drafted this document.
SECTION 21 – ASSIGNMENT
Without our prior written consent, you may not delegate, assign or transfer this agreement or your rights and obligations under these Terms; any such attempt is void. We may assign, transfer or delegate these Terms and our rights and obligations without your consent or notice to you.
SECTION 22 – GOVERNING LAW
These Terms and any separate agreements under which we provide Services to you are subject to the jurisdiction of the federal and state or territorial courts at ArtDesignMC’s place of business and are to be interpreted accordingly. You and ArtDesignMC consent to the venue and personal jurisdiction of those courts.
SECTION 23 – HEADINGS
The headings in this agreement are for convenience only and do not limit or otherwise affect these Terms.
SECTION 24 – CHANGES TO THE TERMS OF SERVICE
The most current version of these Terms is available on this page at any time.
We reserve the right, at our sole discretion, to update, change or replace parts of these Terms by posting updates and changes on our website. It is your responsibility to check our website regularly for changes. We will notify you of any material changes to these Terms as required by applicable law, and those changes will take effect on the date stated in the notice. By continuing to use or access the Services after changes to these Terms are posted, you agree to those changes.
SECTION 25 – CONTACT INFORMATION
Questions about these Terms should be sent to martin.benko@icloud.com.
Our contact details are set out below:
Martin Benko
Trading name: ArtDesignMC
Sole proprietorship
Rifer Hauptstraße 142
5400 Hallein
Austria
Contact
Telephone: +43 660 1570128
Email: artdesignmc@icloud.com
Website: artdesignmc.com
VAT identification number: ATU83457117