Terms of service

OVERVIEW Welcome to Studio Marigold! The terms 'we', 'us', and 'our' refer to Studio Marigold. Studio Marigold operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the "Services"). Studio Marigold is powered by Shopify, enabling us to deliver the Services to you.

The terms and conditions below, including all policies referred to herein (the "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully. They contain important information about your legal rights and address topics 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 our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you are not permitted to access or use our Services.

ARTICLE 1 – ACCESS AND ACCOUNT By agreeing to these Terms of Service, you represent that you are of legal age under the laws of the state or province where you reside, and that you have given us permission for any minor members of your household to use the Services on devices you own, purchase, or manage. To use the Services, including visiting or browsing our online stores or purchasing products or services offered by us, we may ask you to provide certain information, such as your email address and billing, payment, and shipping details. 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 login credentials and for all activity in your account. You may not transfer, sell, assign, or license your account to anyone else.

ARTICLE 2 – OUR PRODUCTS We strive to provide as accurate a description as possible of our products and services in our online stores. Please note, however, that the colors and appearance of a product may differ from how they are displayed on your screen. This is related to the type of device you use to access the store and its settings and configuration. We do not guarantee that the appearance or quality of products or services you purchase will meet your expectations or match the display or description in our online store. All product descriptions may be changed at any time without notice at our sole discretion. We reserve the right to discontinue the sale of any product at any time and may limit the quantities of products we offer per person, geographic region, or jurisdiction on a case-by-case basis.

ARTICLE 3 – ORDERS When you place an order, you are making an offer to purchase. Studio Marigold reserves the right to accept or refuse your order at its sole discretion for any reason. Your order is only accepted after Studio Marigold has confirmed it. We must have received and processed your payment before your order is accepted. Please review your order carefully before submitting it. Studio Marigold may not be able to honor a cancellation request once your order has been accepted. In the event we do not accept, modify, or cancel an order, we will attempt to notify you by contacting you via the email address, billing address, and/or phone number you provided during the ordering process. You may only return or exchange purchases in accordance with our refund policy. You represent and warrant that your purchases are intended for personal or household use and not for commercial resale or export.

ARTICLE 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 at the time you place your order. This price will be stated in the confirmation email you receive after your order. Unless expressly stated otherwise, prices shown do not include taxes, shipping costs, handling fees, customs duties, or import charges. Prices displayed in our online stores may differ from those in physical stores, or in online stores or other stores operated by third parties. We may from time to time offer promotions for the Services that may affect pricing and that are subject to terms and conditions separate from these Terms. In the event of a discrepancy between the terms of a promotion and these Terms, the promotional terms 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 details, including your email address, credit card numbers, and credit card expiration dates, whenever changes occur, 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 accurate, correct, and complete; (ii) you are authorized to use the credit card for purchases; (iii) your charges are approved by your credit card company; and (iv) you will pay the charges you incur at the prices shown, including shipping costs, handling fees, and all applicable taxes, where applicable.

ARTICLE 5 – SHIPPING AND DELIVERY We are not liable for delays in shipping and delivery. All delivery times provided are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs processing, or events beyond our control. Once we have handed the products over to the carrier, ownership and risk of loss transfer to you.

ARTICLE 6 – INTELLECTUAL PROPERTY Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection, and arrangement thereof, are owned by Studio Marigold, its affiliates, or licensors, and are protected by patent, copyright, and intellectual property laws in the United States and other countries. These Terms permit you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material within the Services without our prior written consent. Except as expressly provided in these Terms, nothing in these Terms grants you a license or any other rights under any patent, trademark, copyright, or other intellectual property of Studio Marigold, 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 in these Terms are reserved by Studio Marigold. The names, logos, product names, service names, design elements, and slogans of Studio Marigold are trademarks of Studio Marigold or its affiliates or licensors. You may not use such trademarks without prior written permission from Studio Marigold. The name, logo, product names, service names, design elements, and slogans of Shopify are trademarks of Shopify. All other names, logos, product names, service names, design elements, and slogans within the Services are trademarks of their respective owners.

ARTICLE 7 – OPTIONAL TOOLS You may have access to third-party tools offered as part of the Services. We do not monitor, control, or have any influence over these tools. 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 endorsement. We are not liable in any way for any damages arising from or related to your use of optional third-party tools. You use optional tools offered through the site entirely at your own risk and at your own discretion. You are responsible for familiarizing yourself with and agreeing to the terms under which the tools are provided by the relevant third party or parties. 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 considered part of the Services and subject to these Terms of Service.

ARTICLE 8 – THIRD-PARTY LINKS The Services may contain materials and hyperlinks to websites offered or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you wish to access. If you choose to leave the Services to access such third-party materials or sites, you do so at your own risk. We are not liable for any damages or adverse consequences related to your visit to third-party websites, or to your purchase or use of products, services, resources, or content on third-party websites. Please carefully read and make sure you understand the policies and practices of the third party before entering into any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party.

ARTICLE 9 – RELATIONSHIP WITH SHOPIFY Studio Marigold uses Shopify to provide the Services to you. However, all sales and purchases you make in our store are handled directly with Studio Marigold. By using the Services, you acknowledge and agree that Shopify is not responsible for any sales-related aspect between you and Studio Marigold, including injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities that may arise from or relate to your purchases from and transactions with Studio Marigold.

ARTICLE 10 – PRIVACY POLICY All personal information we collect through the Services is subject to our Privacy Policy, which you can view here [LINK]. Certain personal information may also be subject to Shopify's Privacy Policy, which you can view here. By using the Services, you confirm that you have read the applicable Privacy Policy. 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 through the Services will be forwarded to and shared with Shopify, as well as with third parties that may be located in countries other than where you reside, so that they can provide services to you. Please read our Privacy Policy [LINK] for more information about how we, Shopify, and our partners use your personal information.

ARTICLE 11 – FEEDBACK If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively referred to as "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. We may use our rights under this license, for example, to operate, deliver, evaluate, improve, and promote 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 all Feedback or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives you received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation, now or in the future, to (1) keep any 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, abusive, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property rights or these Terms of Service. You agree that your Feedback will not infringe upon the rights of any third party, including copyrights, trademarks, privacy rights, personality rights, and other personal or proprietary rights. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive, or obscene content, nor computer viruses or other malware that could in any way affect the operation of the Services or related websites. You may not use a false email address, impersonate any person or entity, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you submit and its accuracy. We are not responsible and accept no liability for any Feedback posted by you or any third party.

ARTICLE 12 – ERRORS, INACCURACIES, AND OMISSIONS Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions. This information may relate to product descriptions, prices, promotions, offers, shipping costs, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information. We may also cancel orders if relevant information is incorrect, at any time and without prior notice (including after you have placed an order).

ARTICLE 13 – PROHIBITED USE You may only use the Services for lawful purposes. You may not, directly or indirectly, access or use the Services (a) for unlawful or harmful activities; (b) to violate any international, national, federal, or provincial laws, regulations, provisions, or local ordinances; (c) to infringe upon our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, disparage, or intimidate our employees or other individuals; (e) to transmit false or misleading information; (f) to knowingly send, receive, upload, download, use, or reuse any material that does not comply with these Terms; (g) to transmit or facilitate the transmission of advertising or promotional material, including junk mail, chain letters, spam, or other similar methods; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other activities that restrict or prevent others from using the Services, or that, as determined by us, may be harmful to Studio Marigold, Shopify, or 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 may affect or potentially affect the functionality or operation of the Services in any way; (b) reproduce, duplicate, copy, sell, resell, or exploit any part of the Services; (c) collect or track the personal information of others; (d) engage in spam, phishing, pharming, pretexting, spidering, crawling, or scraping; or (e) interfere with or circumvent the security features of the Services, related websites, other websites, or the internet. We reserve the right to suspend, disable, or terminate your account at any time and without notice if we determine that you have violated any provision of these Terms.

ARTICLE 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. You remain liable for all amounts due up to and including the date of termination. The following articles remain in effect after termination: Intellectual Property, 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.

ARTICLE 15 – DISCLAIMER OF WARRANTIES The information provided on or through the Services is made available solely for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is entirely at your own risk. We disclaim all liability and responsibility arising from any reliance placed by you, other visitors to the Services, and any other persons who are aware of its contents, on such information. UNLESS EXPRESSLY STATED BY STUDIO MARIGOLD, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED IN THEIR CURRENT STATE AND AS AVAILABLE FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, 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. IN SOME JURISDICTIONS, THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES IS LIMITED OR NOT PERMITTED. THE ABOVE DISCLAIMER MAY THEREFORE NOT APPLY TO YOU.

ARTICLE 16 – LIMITATION OF LIABILITY TO THE EXTENT PERMITTED BY LAW, STUDIO MARIGOLD, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL IN NO EVENT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND. THIS INCLUDES, BUT IS NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

ARTICLE 17 – INDEMNIFICATION You agree to indemnify, defend, and hold harmless Studio Marigold, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against all costs related to losses, damages, liabilities, or claims, including reasonable legal fees to be paid to a third party, arising out of or resulting from (1) your breach of these Terms of Service or documents incorporated herein 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 in the event of a claim giving rise to indemnification, provided that failure to provide timely notice does not relieve you of your obligations unless you are materially prejudiced as a result. We may arrange the defense and settlement of any such claim at your expense, including the engagement of legal counsel, but we will not settle claims requiring non-monetary obligations from you without your consent (which you may not unreasonably withhold). You are required to cooperate in the defense of indemnifiable claims, including by providing relevant documents.

ARTICLE 18 – SEVERABILITY If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms of Service. Such a determination shall not affect the validity and enforceability of the remaining provisions.

ARTICLE 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 any policies or operating rules posted by us on this site or in connection with the Service constitute the entire agreement and understanding between you and us, and govern your use of the Service. These Terms supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

ARTICLE 20 – ASSIGNMENT You may not delegate, transfer, or assign this Agreement or your rights or obligations under these Terms without our prior written consent. Any attempt to do so shall be deemed null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice to you.

ARTICLE 21 – GOVERNING LAW These Terms of Service and any separate agreements under which we provide you with our Services are governed by and construed in accordance with the federal and state or provincial courts in the jurisdiction where Studio Marigold has its principal place of business. You and Studio Marigold consent to the jurisdiction and personal jurisdiction of the relevant court.

ARTICLE 22 – HEADINGS The headings used in this agreement are for informational purposes only and do not limit or affect these Terms in any way.

ARTICLE 23 – CHANGES TO THE TERMS OF SERVICE You can 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, modify, or replace any part of these Terms of Service. We will post updates and changes on our website. It is your responsibility to check our website periodically for changes. We will send you notice of material changes to these Terms in accordance with applicable law. Such changes will take effect on the date stated in the notice. Your continued access to or use of the Services after any changes to these Terms of Service have been made constitutes your acceptance of those changes.

ARTICLE 24 – CONTACT INFORMATION Questions about the Terms of Service should be directed to us at info@studiomarigold.nl Our contact details are listed below: Studio Marigold info@studiomarigold.nl