Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Avtentyka Design Studio! The terms “we,” “us,” and “our” refer to Avtentyka Design Studio. Avtentyka Design Studio operates this store and this website, including all information, content, features, tools, products, and related services in order to provide you, as a customer, with a personalized shopping experience (hereinafter the “Services”). Avtentyka Design Studio is a store powered by Shopify Inc., which enables us to provide the Services.

The Terms and Conditions of Use set out below, as well as all related policies (the “Terms of Service” or the “Terms”), describe your rights and responsibilities when you use the Services.

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

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and by our Privacy Policy (available on our website). If you do not agree to these Terms of Service or to the Privacy Policy, you must not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By accepting these Terms of Service, you represent that you have reached at least the age of majority in your state or province of residence, and you give your consent to allow any minor under your care to use the Services on devices that you own, purchase, or manage.

In order to use the Services, including accessing or browsing our online stores, or purchasing any of the products or services that we offer, you may be required to provide certain information, such as your email address and information relating to billing, payment, and shipping. You represent and warrant that all information you provide in our stores is correct, 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 activities occurring under your account. You are not authorized to transfer, sell, assign, or grant your account to any other person.

SECTION 2 – OUR PRODUCTS

We have made efforts to provide an accurate representation of our products and services in our online stores. However, please note that the colors or appearance of products may differ from how they appear on your screen due to the type of device you use to access the store, as well as the settings and configuration of your device.

We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or will be the same as that described or rendered in our online stores.

All product descriptions are subject to change at any time and without notice, at our sole discretion. We reserve the right to remove any product at any time and may limit the quantities of any product that we offer 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. Avtentyka Design Studio reserves the right to accept or refuse your order for any reason, at its discretion. Your order is not accepted until Avtentyka Design Studio has confirmed its acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as Avtentyka Design Studio may not be able to accommodate cancellation requests after an order has been accepted.

In cases where we do not accept, modify, or cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time of the order.

Your purchases can only be returned or exchanged in accordance with our Refund Policy.

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

SECTION 4 – PRICING AND BILLING

Prices, discounts, and promotions may be changed without 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 indicated in your order confirmation email. Unless otherwise indicated, the prices displayed do not include taxes, shipping and handling fees, customs duties, or import fees.

The prices displayed in our online stores may differ from prices offered in physical stores or online stores operated by third parties. From time to time, we may offer promotions on the Services that may affect pricing and are governed by separate Terms of Use from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion shall 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 and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you if necessary.

You represent and warrant that:
(i) the credit card information you provide is true, correct, and complete;
(ii) you are duly authorized to use this credit card for the purchase;
(iii) the amounts charged by you will be honored by your credit card issuer; and
(iv) you will pay the amounts charged by you at the displayed prices, including shipping and handling fees and any applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY

We are not responsible for shipping and delivery delays. All shipping times are estimates and are not guaranteed. We are not responsible for delays caused by freight carriers, customs processing, or events beyond our control. Once we transfer the products to the carrier, the title and risk of loss are transferred to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including, but not limited to, all trademarks, trade names, texts, displays, images, graphics, product reviews, videos, and audios, as well as their design, selection, and arrangement, are the property of Avtentyka Design Studio, its affiliates, or its licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.

These Terms grant you a personal and non-commercial use only. You may not reproduce, distribute, modify, create derivative works from, publicly display, perform, republish, upload, store, or transmit the material of the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed to grant any license or other rights to you under any patent, trademark, copyright, or other intellectual property right of Avtentyka Design Studio, Shopify, or any third party. Unauthorized use of the Services may constitute a violation of federal and national intellectual property laws. All rights not expressly granted herein are reserved by Avtentyka Design Studio.

The names, logos, product and service names, designs, and slogans of Avtentyka Design Studio are trademarks of Avtentyka Design Studio or its affiliates or licensors. You must not use these trademarks without the prior written consent of Avtentyka Design Studio. The name, logo, product and service names, designs, and slogans of Shopify 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

You may have access to client tools offered by third parties as part of the Services, which we do not monitor and over which we have no control or influence.

You acknowledge and agree that we provide access to these tools “as is” and “as available” without any warranty, representation, or condition of any kind and without endorsement. We disclaim all liability arising from your use of or reliance on third-party optional tools.

Any use by you of the optional tools offered on the site is entirely at your own risk and discretion, and you must ensure that you understand and agree to the terms under which the tools are provided by the relevant third-party provider.

We may also, in the future, offer new features through the Services (including the release of new tools and resources). These new features should also be considered part of the Services and will be subject to these Terms of Service.

SECTION 8 – LINKS TO THIRD PARTIES

The Services may contain documents and hyperlinks to websites provided or operated by third parties (including any third-party embedded functionality). We are not responsible for reviewing or evaluating the content or accuracy of documents or third-party websites you choose to access. If you decide to leave the Services to access these documents or third-party sites, you do so at your own risk.

We are not responsible for any harm or damage related to your access to third-party websites, or to your purchase or use of products, services, resources, or content on third-party websites. Please carefully review the policies and practices of third parties 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 relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Avtentyka Design Studio is powered by Shopify, which enables us to provide the Services. However, the sales and purchases you make in our Store are conducted directly with Avtentyka Design Studio. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Avtentyka Design Studio, including any damage, harm, or loss resulting from products and services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from your purchases and transactions with Avtentyka Design Studio or relating thereto.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here https://avtentykastudio.com/pages/politique-de-confidentialite, and some personal information may also be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.

Since the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access to the services and your use of them in order to provide the Services and improve them. Information you submit to the Services will be transmitted and shared with Shopify, as well as with third parties who may be located in countries other than your country of residence, in order to provide you with services. See our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.

SECTION 11 – FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, packages, or other content (collectively called “Feedback”), you grant us a perpetual, worldwide, sublicensable, fully royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback on any medium and for any purpose, including commercial purposes. For example, we may use the rights granted by this license to operate, provide, evaluate, strengthen, improve, and promote the Services, as well as to fulfill our obligations and exercise our rights under the Terms of Service.

You also represent and warrant that (i) you own or otherwise control all rights to the Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We have and will have no obligation (1) to maintain the confidentiality of your Feedback; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.

We may, but are not obligated to, monitor, modify, or remove Feedback that we consider, in our sole discretion, to be illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates the intellectual property of a party or these Terms.

You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, personality, or any other personal or proprietary right. You also agree that your Feedback will not contain defamatory, illegal, abusive, or obscene content, nor viruses or other harmful software that may affect in any way the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or mislead us or others about the origin of Feedback. You are solely responsible for any Feedback you submit and its accuracy. We assume no liability for any Feedback posted by you or by any third party.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information on or within the Services may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, product shipping charges, delivery estimates, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to modify or update information, or cancel orders if information is inaccurate, at any time and 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 may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, or local law, rule, or regulation; (c) to infringe or violate our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or injure any of our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly send, receive, upload, download, use, or reuse any material that violates these Terms; (g) to transmit or facilitate the sending of any advertising or promotional material, including any “junk mail,” “chain letters,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, in our opinion, may harm Avtentyka Design Studio, Shopify, or the users of the Services, or expose them to liability.

Furthermore, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in a manner that affects 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) send spam, phishing, pharming, pretexting, robocalls, or scraping; or (e) interfere with or circumvent the security features of the Services or any associated website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we believe that you have violated any part of these Terms.

SECTION 14 – TERMINATION

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

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

SECTION 15 – DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general informational purposes. We do not guarantee 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 arising from any reliance you or any other visitor to the Services, or any other person informed of its content, may place on such content.

EXCEPT AS EXPRESSLY PROVIDED BY Avtentyka Design Studio, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS 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 LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR OTHER DISCLAIMERS, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 – LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Avtentyka Design Studio, 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, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, SAVINGS, DATA, REPLACEMENT COSTS, OR ANY OTHER SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) PUBLISHED, TRANSMITTED, OR MADE AVAILABLE THROUGH THE SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Avtentyka Design Studio, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, or claims, including reasonable attorney’s fees, payable to a third party arising out of or relating to (1) your violation of these Terms of Service or any documents incorporated by reference, (2) your violation of any law or rights of a third party, or (3) your access to or use of the Services.

We will notify you of any indemnifiable claim, provided that failure to provide prompt notice will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of the claim at our expense, including the choice of counsel, but we will not settle any claim requiring non-monetary obligations from you without your consent (which shall not be unreasonably withheld). You will cooperate in defending indemnified claims, including providing relevant documents.

SECTION 18 – SEVERABILITY

If any provision of these Terms of Service is found to be illegal, void, or unenforceable, that provision shall remain enforceable to the maximum extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service, without affecting the validity and enforceability of the remaining provisions.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service, together with any policy or operational rules posted by us on this site or regarding the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, all previous versions of the Terms of Service). Any ambiguity in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 20 – ASSIGNMENT

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

SECTION 21 – GOVERNING LAW

These Terms of Service and any separate agreements by which we provide you Services shall be governed and construed in accordance with the federal and state or territorial courts in the jurisdiction where Avtentyka Design Studio is headquartered. You and Avtentyka Design Studio consent to the venue and personal jurisdiction of these courts.

SECTION 22 – HEADINGS

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

SECTION 23 – CHANGES TO TERMS OF SERVICE

You may always review the most current version of the Terms of Service on this page. We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms by posting updates and changes on our website. It is your responsibility to check our website regularly to see if changes have been made. We will inform you of any material changes to these Terms in accordance with applicable law, and such changes shall take effect on the date specified in the notice. Continuing to use or access the Services after any changes have been posted constitutes acceptance of such changes.

SECTION 24 – CONTACT INFORMATION

Questions regarding the Terms of Service should be sent to: avtentykastudio@gmail.com.

Our contact details are as follows:
Avtentyka Design Studio
avtentykastudio@gmail.com

99263581300015