Terms of service
OVERVIEW
Welcome to Shubz Art Studio. The terms “we,” “us,” “our,” and “Shubz Art Studio” refer to Shubz Art Studio.
Shubz Art Studio operates this store 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”). Shubz Art Studio is powered by Shopify, which enables us to provide the Services to you.
The following terms and conditions, together with any policies referenced herein, constitute these Terms of Service (the “Terms”) and describe your rights and responsibilities when you use the Services.
Please read these Terms carefully, as they include important information about your legal rights and cover areas such as product purchases, returns, warranties, and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or our 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 province or territory of residence.
To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, billing information, payment information, and shipping information.
You represent and warrant that the information you provide to us is accurate, current, and complete and that you have the right to provide that information.
If you create a customer account, you are responsible for maintaining the security of your account credentials and for activity conducted through your account. You must notify us promptly if you believe your account or credentials have been compromised.
SECTION 2 - OUR PRODUCTS
We make reasonable efforts to provide accurate descriptions and images of our products.
Because our products are handcrafted and individually made, minor variations in colour, texture, finish, dimensions, weight, and other characteristics may occur. These variations are part of the nature and character of handmade artwork and should not be considered defects.
Colours and product appearance may also vary depending on your device, display settings, lighting, and other technical factors.
Product descriptions, specifications, prices, availability, and images may be changed or updated from time to time.
We reserve the right to discontinue products or limit quantities available for purchase, subject to applicable law.
SECTION 3 - ORDERS
When you place an order through our online store, you are making an offer to purchase the products in your order.
We reserve the right to accept or decline an order where permitted by law. An order is considered accepted when we send you an order confirmation.
We may decline or cancel an order where, for example, a product is unavailable, there is an error in the product description or pricing, or we reasonably suspect fraudulent or unauthorized activity.
If we cancel or make a material change to an order, we will make reasonable efforts to notify you using the contact information provided with your order and will provide any refund required by applicable law.
Please review your order carefully before submitting it.
Returns, exchanges, cancellations, and refunds are governed by our Refund Policy, subject always to your rights under applicable law.
You represent that purchases made through our store are for personal or household use and not for unauthorized commercial resale.
SECTION 4 - PRICES AND BILLING
Prices, discounts, and promotions are subject to change.
The price charged for a product will be the price displayed at the time the order is placed and will be included in your order confirmation.
Unless otherwise stated, applicable taxes and shipping charges will be calculated and displayed at checkout.
Customers are responsible for providing accurate and complete billing, payment, shipping, and contact information.
You agree to promptly update your information when necessary so that we can process your transactions and communicate with you.
You represent that you are authorized to use the payment method provided for your purchase.
SECTION 5 - SHIPPING AND DELIVERY
Shipping and delivery are governed by our Shipping Policy.
Estimated delivery times are provided for guidance and are not guaranteed unless expressly stated otherwise.
We are not responsible for delays caused by circumstances beyond our reasonable control, including carrier delays, customs processing, severe weather, transportation disruptions, or other events outside our reasonable control.
If an order is delayed, lost, or damaged during shipping, please contact us as soon as possible so that we can assist you in accordance with our Shipping Policy and applicable law.
Nothing in these Terms limits any rights you may have under applicable consumer protection law.
SECTION 6 - INTELLECTUAL PROPERTY
The Services, including trademarks, logos, text, product descriptions, photographs, artwork, graphics, videos, audio, and the design and arrangement of the website, are owned by or licensed to Shubz Art Studio and are protected by applicable intellectual property laws.
You may use the Services for your personal, non-commercial purposes.
You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit our content without our prior written permission, except where permitted by law.
Nothing in these Terms grants you ownership or a licence to use our trademarks, artwork, photographs, designs, or other intellectual property except as expressly permitted by these Terms.
Shubz Art Studio, its names, logos, product names, designs, and slogans may constitute trademarks or other protected intellectual property of Shubz Art Studio.
Shopify's name, trademarks, and other intellectual property remain the property of Shopify.
SECTION 7 - OPTIONAL TOOLS
We may provide access to third-party tools or services through the Services.
These tools may be provided by third parties and may be subject to their own terms and policies.
Where permitted by law, we provide access to such third-party tools on an “as available” basis and are not responsible for third-party tools that we do not control.
Your use of third-party tools is subject to the applicable third party's terms and policies.
We may introduce new features, services, tools, or resources in the future. Such additions may also be subject to these Terms.
SECTION 8 - THIRD-PARTY LINKS
Our Services may contain links to websites, services, or platforms operated by third parties.
We do not control or endorse third-party websites and are not responsible for their content, accuracy, availability, privacy practices, security, or terms.
If you access a third-party website or service, you do so at your own risk and should review that third party's policies and terms before using it or making a transaction.
Questions or concerns about third-party products or services should be directed to the applicable third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Shubz Art Studio is powered by Shopify, which provides the technology that enables us to operate our online store and provide the Services.
Purchases made through our store are transactions between you and Shubz Art Studio.
Shopify provides the ecommerce platform and related services but is not the seller of the products offered by Shubz Art Studio.
To the extent permitted by applicable law, Shopify is not responsible for products sold by Shubz Art Studio or for disputes arising directly between you and Shubz Art Studio concerning those products or transactions.
SECTION 10 - PRIVACY POLICY
Personal information collected through the Services is handled in accordance with our Privacy Policy.
Our Privacy Policy explains how we collect, use, disclose, retain, and protect personal information and how you may exercise applicable privacy rights.
Because our Services are hosted by Shopify, Shopify also collects and processes information in connection with your use of the Services. Shopify's own privacy practices are governed by Shopify's applicable privacy policies.
By using the Services, you acknowledge that you have reviewed our Privacy Policy and understand that Shopify and other service providers may process information as necessary to provide the Services.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise provide ideas, suggestions, reviews, feedback, photographs, or other content to us (“Feedback”), you grant Shubz Art Studio a non-exclusive, worldwide, royalty-free licence to use, reproduce, display, and distribute that Feedback for purposes related to operating, improving, and promoting our Services, subject to applicable law and our Privacy Policy.
You represent that you have the necessary rights to provide the Feedback and that it does not violate the rights of another person or entity.
We may remove Feedback that we reasonably believe violates these Terms or applicable law.
We do not guarantee that Feedback will be maintained as confidential or that we will provide compensation for Feedback.
Nothing in these Terms prevents you from exercising any rights you have under applicable law concerning reviews or other consumer communications.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, estimated delivery times, availability, or other information.
We reserve the right to correct errors and update information when necessary.
If an error materially affects an order you have placed, we will make reasonable efforts to notify you and provide any remedies required by applicable law.
SECTION 13 - PROHIBITED USES
You may use the Services only for lawful purposes.
You must not use the Services:
- for any unlawful, fraudulent, malicious, or abusive purpose;
- to violate applicable federal, provincial, territorial, or local laws;
- to infringe our intellectual property rights or the rights of others;
- to harass, threaten, abuse, defame, or harm another person;
- to transmit false or misleading information;
- to upload or transmit malicious code, viruses, or harmful software;
- to interfere with the operation or security of the Services;
- to impersonate another person or entity;
- to collect personal information about other users without authorization;
- to spam, phish, or conduct fraudulent activity;
- to reproduce, copy, extract, resell, or commercially exploit the Services without permission;
- to use automated systems, scraping tools, bots, or similar technologies to access or extract information from the Services in a manner that violates our policies or applicable law; or
- to bypass security, access controls, or other technical measures used to protect the Services.
We may suspend or terminate access to the Services where we reasonably believe these Terms have been violated or where necessary to protect the Services, our business, our customers, or others.
SECTION 14 - AGENTS
This section applies to software or services that take autonomous or semi-autonomous actions on behalf of a person or entity (“Agent”).
Agents must not access, use, or interact with the Services in a manner that violates these Terms or applicable law.
We may limit or restrict automated access to the Services through technical or other reasonable measures.
Agents must not misrepresent themselves as human users, circumvent security measures, bypass CAPTCHA or similar protections, or conceal automated activity where disclosure is required by applicable law or our technical requirements.
SECTION 15 - TERMINATION
We may suspend or terminate your access to the Services where permitted by law, including where we reasonably believe that you have violated these Terms or engaged in fraudulent, unlawful, abusive, or harmful activity.
You remain responsible for obligations incurred before termination.
Provisions that by their nature should survive termination, including intellectual property, privacy, limitations of liability, indemnification, and applicable governing-law provisions, will continue to apply after termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
The Services are provided for general informational and shopping purposes.
To the fullest extent permitted by applicable law, we do not guarantee that the Services will always be uninterrupted, timely, secure, or error-free.
Because our products are handmade, minor variations in appearance, colour, texture, dimensions, and finish may occur.
Except where expressly stated by us or required by applicable law, the Services are provided on an “as available” basis.
Nothing in these Terms excludes, restricts, or limits any warranty, condition, right, or remedy that cannot lawfully be excluded, restricted, or limited under applicable law.
SECTION 17 - LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Shubz Art Studio and its owners, employees, contractors, service providers, and affiliates will not be liable for indirect, incidental, special, consequential, or punitive damages arising from your use of the Services or products purchased through the Services.
This may include loss of profits, revenue, savings, data, or business opportunities.
However, nothing in these Terms limits or excludes liability where such limitation or exclusion is prohibited by applicable law.
SECTION 18 - INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify and hold harmless Shubz Art Studio, its owners, employees, contractors, service providers, and affiliates from claims, losses, liabilities, and reasonable costs arising from your material breach of these Terms, your unlawful use of the Services, or your violation of another person's rights.
Nothing in this section requires you to indemnify us for matters caused by our own unlawful conduct or negligence where such indemnification would not be permitted by law.
SECTION 19 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the fullest extent permitted by law, and the remaining provisions will remain in effect.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other right.
These Terms, together with the policies referenced in them, constitute the agreement between you and Shubz Art Studio concerning your use of the Services and supersede prior versions of these Terms relating to the same subject matter.
SECTION 21 - ASSIGNMENT
You may not assign or transfer your rights or obligations under these Terms without our prior written consent, except where permitted by applicable law.
We may assign or transfer our rights and obligations under these Terms in connection with a business sale, reorganization, merger, or similar transaction, subject to applicable law.
SECTION 22 - GOVERNING LAW
These Terms and any separate agreements under which we provide Services are governed by the laws of the Province of British Columbia and the applicable laws of Canada.
Subject to any mandatory consumer protection rights and any applicable rules concerning jurisdiction, disputes will be addressed by the courts of British Columbia.
Nothing in these Terms limits any mandatory rights or remedies available to consumers under applicable law.
SECTION 23 - HEADINGS
The headings used in these Terms are provided for convenience only and do not affect the meaning or interpretation of these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms at any time on this page.
We reserve the right to update or change these Terms from time to time by posting an updated version on our website.
Where required by applicable law, we will provide notice of material changes.
Your continued use of the Services after updated Terms are posted constitutes acceptance of the updated Terms to the extent permitted by law.
SECTION 25 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to:
SHUBZ ART STUDIO
Email: shubzartstudio@gmail.com
Phone: +1 438-722-6100
Business Registration Number: FM1088834