Terms of service
OVERVIEW
Welcome to DESIGNER CLUB STUDIO! The terms “we,” “us,” and “our” refer to DESIGNER CLUB STUDIO. DESIGNER CLUB 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 and personalized shopping experience (the “Services”). DESIGNER CLUB STUDIO uses Shopify as its platform, 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 the “Terms”), describe your rights and obligations when using the Services.
Please read these Terms of Service carefully as they contain important information about your legal rights and include, among other things, disclaimers of warranties and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. 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 have reached the age of majority in the state or province in which you reside, and that you have given us your consent to allow any minors for whom you are the legal guardian to use the Services on devices that you own, purchase, or administer.
To use the Services, including visiting or browsing our online stores or purchasing any of the products or services we offer, you may be required to provide certain information, such as your email address and billing, payment, and shipping information. You represent and warrant 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 information and for all activity on your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We have done our best to provide an accurate representation of our products and services in our online stores. Please note, however, that colors or the appearance of a product may differ from how they are displayed on your screen depending on the type of device you use to access the store and the device’s settings and configuration.
We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or be identical to what is displayed or represented in our online stores.
All product descriptions may be changed at any time without prior notice, at our sole discretion. We reserve the right to discontinue any product at any time and may, on a case-by-case basis, limit the quantities of products we offer to any person, geographic region, or jurisdiction.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase the product. DESIGNER CLUB STUDIO reserves the right to accept or decline your order for any reason, at its sole discretion. Your order is not accepted until DESIGNER CLUB STUDIO has confirmed that it is accepted. We must have received and processed your payment before your order is accepted.
Please carefully review your order before submitting it, as DESIGNER CLUB STUDIO may have limited ability 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 by contacting the email address, billing address, and/or telephone number provided when the order was placed.
Your purchases are subject to return or exchange only in accordance with our Refund Policy [LINK].
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 prior 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 otherwise expressly stated, published prices do not include taxes, shipping, handling, customs duties, or import fees.
Prices listed in our online stores may differ from prices offered in physical stores or in other online stores or retail locations operated by third parties. We may from time to time offer promotions through the Services that may affect pricing and that are governed by separate terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will control.
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, card number, and expiration date, so that we can complete your transactions and contact you when necessary.
You represent and warrant that:
(i) the credit card information you provide is true, accurate, and complete,
(ii) you have the right to use the credit card for the purchase,
(iii) charges incurred through your purchases will be authorized by your credit card company, and
(iv) you will pay the charges incurred at the stated prices, including shipping and handling charges and any applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible 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 processing, or events beyond our control.
When we hand the products over to the carrier, ownership and risk of loss pass to you.
SECTION 6 – INTELLECTUAL PROPERTY RIGHTS
Our Services, including but not limited to all trademarks, brand names, text, displays, images, graphics, product reviews, video and audio, as well as the design, selection, and arrangement thereof, are owned by DESIGNER CLUB STUDIO, its affiliates, or its licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services only for personal and non-commercial purposes. You may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent.
Unless expressly stated otherwise in these Terms, nothing in these Terms grants or shall be construed as granting you any license or other rights under any patent, trademark, copyright, or other intellectual property right belonging to DESIGNER CLUB STUDIO, Shopify, or any third party.
Unauthorized use of the Services may constitute a violation of federal or state intellectual property laws. All rights not expressly granted herein are reserved by DESIGNER CLUB STUDIO.
The name, logos, product and service names, designs, and slogans of DESIGNER CLUB STUDIO are trademarks of DESIGNER CLUB STUDIO or its affiliates or licensors. You may not use such trademarks without the prior written permission of DESIGNER CLUB 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 customer tools provided by third parties as part of the Services. We do not monitor these tools and have no control over or influence on them.
You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis, without any warranties, representations, or conditions of any kind and without any recommendation or endorsement of them.
We have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use 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 of the terms applicable to the tools provided by the relevant third-party provider or providers.
We may also in the future offer new features through the Services, including the launch of new tools and resources. Such new features shall also be considered part of the Services and shall be subject to these Terms of Service.
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 materials or websites operated by third parties that you choose to visit. If you leave the Services to access such third-party materials or websites, you do so at your own risk.
We are not responsible for damages or other harm related to your visit to third-party websites or your purchase or use of products, services, resources, or content on such websites.
Carefully review the policies and practices of third parties and make sure you understand them before engaging in any transaction. Complaints, claims, questions, or concerns regarding third-party products and services should be directed to the third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
DESIGNER CLUB STUDIO uses Shopify as its platform, which enables us to provide the Services to you.
However, all sales and purchases you make through our store occur directly between you and DESIGNER CLUB STUDIO.
By using the Services, you acknowledge and agree that Shopify is not responsible for any part of the sale between you and DESIGNER CLUB STUDIO, including any damage, personal injury, or loss arising from purchased products or services.
You expressly release Shopify and its affiliates from any claims, damages, and liabilities arising out of or relating to your purchases and transactions with DESIGNER CLUB STUDIO.
SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be found here [LINK], and certain personal information may be subject to Shopify’s Privacy Policy, which can be found 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 the Services for you.
Information that you provide to the Services will be transferred to and shared with Shopify and third parties that may be located in countries other than the country in which you reside, for the purpose of providing services to you.
Please read our Privacy Policy [LINK] for more information about how we, Shopify, and our partners use your personal information.
SECTION 11 – FEEDBACK
If you submit, upload, publish, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals for action, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, and royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium and for any purpose, including commercial purposes.
For example, we may use our rights under this license to operate, provide, evaluate, further develop, improve, and market the Services and to fulfill our obligations and exercise our rights under the Terms of Service.
You further represent and warrant that:
(i) you own or have all necessary rights to all Feedback,
(ii) you have disclosed any compensation or incentives you received in connection with submitting Feedback, and
(iii) your Feedback complies with these Terms.
We have no obligation to:
(1) keep your Feedback confidential,
(2) pay compensation for your Feedback, or
(3) respond to your Feedback.
We may, but are not obligated to, monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that infringes any party’s intellectual property rights or these Terms of Service.
You agree that your Feedback will not violate any third-party rights, including copyrights, trademarks, privacy rights, personal rights, or other personal or proprietary rights.
You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malicious software that could in any way affect the operation of the Services or any related website.
You may not use a false email address, impersonate another person, or otherwise mislead us or third parties as to the origin of any Feedback.
You are solely responsible for all Feedback you submit and for its accuracy. We assume no responsibility or liability for Feedback posted by you or any third party.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be information in or on the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, prices, promotions, offers, product shipping costs, 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, even after you have submitted your order.
SECTION 13 – PROHIBITED USES
You may only access and use the Services for lawful purposes. You may not directly or indirectly use the Services:
(a) for any unlawful or harmful purpose;
(b) to violate any international, federal, provincial, or state rules, regulations, laws, or local 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, threaten, or otherwise harm 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 material that does not comply with these Terms;
(g) to transmit or attempt to cause anyone to send advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or similar offers;
(h) to impersonate or attempt to impersonate another person or organization; or
(i) to engage in any other activity that restricts or prevents anyone else from using or enjoying the Services, or that, in our judgment, may harm DESIGNER CLUB STUDIO, Shopify, or users of the Services or expose them to liability.
In addition, you agree not to:
(a) upload or transmit viruses or any other type of malicious code that may be used in any way 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) spam, phish, use false identities or pretexts, use spiders, crawlers, or scraping; or
(e) interfere with or circumvent the security features of the Services or any related website, other websites, or the internet.
We reserve the right to suspend, disable, or terminate your account at any time, without prior notice, if we determine that you have violated any part of these Terms.
SECTION 14 – TERMINATION
We may, at any time and at our sole discretion, terminate this agreement or your access to the Services, or any part thereof, without prior notice. You remain responsible for all amounts due and payable up to and including the date on which the agreement or access is terminated.
The following sections shall survive termination: Intellectual Property Rights, 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 through or via the Services is provided for general informational purposes only.
We do not guarantee that this information is accurate, complete, or useful. Any reliance on such information is entirely at your own risk.
We disclaim all liability arising from reliance by you or any other visitor on such material, or by anyone who may have been informed of any of its contents.
UNLESS OTHERWISE EXPRESSLY STATED BY DESIGNER CLUB STUDIO, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
THIS INCLUDES ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, ACCEPTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT, REPRESENT, OR PROMISE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
Some jurisdictions do not allow limitations or exclusions of implied or other warranties, meaning that the above disclaimer may not apply to you.
SECTION 16 – LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DESIGNER CLUB STUDIO, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THE EQUIVALENT PARTIES OF SHOPIFY AND ITS AFFILIATES, SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY PERSONAL INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND.
THIS INCLUDES, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.
THIS APPLIES TO DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCT PURCHASED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM THAT IS IN ANY WAY RELATED TO YOUR USE OF THE SERVICES OR ANY PRODUCT.
THIS INCLUDES, WITHOUT LIMITATION, ERRORS OR OMISSIONS IN CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless DESIGNER CLUB 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 attorneys’ fees, payable to a third party arising out of or resulting from:
(1) your breach of these Terms of Service or the documents incorporated by reference,
(2) your violation of any law or the rights of a third party, or
(3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that any failure or delay in providing notice shall not relieve you of your obligations unless you have suffered material prejudice as a result.
We may control the defense and settlement of such a claim at your expense, including the selection of legal counsel, but will not enter into any settlement that imposes non-monetary obligations on you without your consent, which may not be unreasonably withheld.
You shall cooperate in the defense of indemnifiable claims, including by providing relevant documents.
SECTION 18 – SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, invalid, or unenforceable, the provision shall nevertheless be enforceable to the maximum extent permitted by applicable law.
The unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity or enforceability of any other remaining provision.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and all policies or operating rules posted by us on this website or with respect 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 previous versions of the Terms of Service.
Any ambiguities in the interpretation of these Terms of Service 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. Any such attempt shall be void.
We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or prior notice to you.
SECTION 21 – GOVERNING LAW
These Terms of Service and any separate agreements through which we provide Services to you shall be governed by and construed in accordance with the federal and state or territorial courts of the jurisdiction in which DESIGNER CLUB STUDIO has its principal place of business.
You and DESIGNER CLUB STUDIO consent to the jurisdiction and venue of the courts for legal proceedings in such courts.
SECTION 22 – HEADINGS
The headings used in this agreement are for convenience only and shall not limit or otherwise affect these Terms.
SECTION 23 – CHANGES TO THE TERMS OF SERVICE
You may review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes on our website.
It is your responsibility to periodically check our website for changes.
We will notify you of material changes to these Terms in accordance with applicable law, and such changes will become effective on the date specified in the notice.
If you continue to use or access the Services after changes to these Terms of Service have been posted, this constitutes your acceptance of the changes.
SECTION 24 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at designerclubstudio@gmail.com.
Our contact information is provided below: