Terms of service

OVERVIEW Welcome to Art Wear Odjoli! The terms “we”, “us” and “our” refer to Art Wear Odjoli. Art Wear Odjoli operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a carefully curated shopping experience (the “Services”). Art Wear Odjoli is powered by Shopify, which enables us to provide the Services to you. The following terms and conditions, together with any policies referred to in this document (the “Terms of Service” or “Terms”), describe your rights and obligations when using the Services. Please read these Terms of Service carefully, as they contain important information about your rights and cover areas such as warranty 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: https://odjoli.com/policies/privacy-policy. If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access our Services. SECTION 1 – ACCESS AND ACCOUNT By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and that you have given consent for any of your minor family members to use the Services on any device that you own, purchase or manage. 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 asked to provide certain information, such as your email address, billing details, payment information and shipping information. You represent and warrant that all information you provide in our store is correct, current and complete and that you have all the rights necessary to provide such information. You are solely responsible for maintaining the security of your account and for all credentials relating to activity on your account. You may not transfer, sell, assign or license the use of your account to any other person. SECTION 2 – OUR PRODUCTS We have made every effort to provide an accurate presentation of the products and services we offer through our online stores. However, please note that colours and the appearance of products may differ from those displayed on your computer screen due to the type of device you use to access the store and the settings and configuration of that device. We do not guarantee that the appearance and quality of any products or services purchased by you will meet your expectations or will be the same as represented or made available in our online stores. All product descriptions may be changed at any time at our sole discretion without prior notice. We reserve the right to discontinue any product at any time and may limit the quantity of products we offer to any person, geographic region or jurisdiction, as the case may be. SECTION 3 – ORDERS By placing an order, you make an offer to purchase. Art Wear Odjoli reserves the right to accept or reject your order for any reason at its sole discretion. Your order will not be accepted until Art Wear Odjoli confirms its acceptance. We must receive and process your payment before accepting your order. Please review your order carefully before submitting it, as Art Wear Odjoli may not be able to cancel it after it has been accepted. If we do not accept, change 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 in accordance with applicable law and our Refund Policy: https://odjoli.com/policies/refund-policy. You represent and warrant that the products you purchase are for personal or household use only and are not intended 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 will be the price in effect at the time the order is placed and will be stated in the order confirmation email. Unless expressly stated otherwise, quoted prices do not include VAT, shipping, handling, customs duties or import charges. Prices displayed in our online stores may differ from prices offered in physical stores or in online stores or other stores operated by third parties. From time to time, we may offer promotions through the Services that may affect pricing and that are subject to separate terms and conditions from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms will prevail. You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through 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 as needed. You represent and warrant that: (i) the credit card information you provide is true, correct and complete; (ii) you are duly authorized to use such credit card for a purchase; (iii) the charges incurred by you will be honoured by your credit card company; and (iv) you will pay the charges incurred by you at the quoted prices, including shipping and handling charges and any applicable taxes. SECTION 5 – SHIPPING AND DELIVERY We are not liable for delays in shipping and delivery. All delivery dates are estimates and are not guaranteed. We are not liable for delays caused by carriers, customs clearance or events beyond our control. When the products are transferred to the carrier, title and risk of loss pass to you. SECTION 6 – INTELLECTUAL PROPERTY Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio materials, and the design, selection and arrangement thereof, are the property of Art Wear Odjoli, its affiliates or licensors and are protected by United States and foreign patent, copyright and other intellectual property laws. These Terms permit you to use the Services for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any materials contained in the Services without our prior written consent. Except as expressly set out herein, nothing in these Terms grants or shall be construed as granting you a licence or other right under any patent, trademark, copyright or other intellectual property of Art Wear Odjoli, Shopify or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by Art Wear Odjoli. The names, logo, product and service names, designs and slogans of Art Wear Odjoli are trademarks of Art Wear Odjoli or its affiliates or licensors. You may not use any such trademark without the prior written permission of Art Wear Odjoli. Shopify, its logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans in the Services are trademarks of their respective owners. SECTION 7 – OPTIONAL TOOLS You may access customer tools offered by third parties through the Services which we neither monitor nor have any control over or input into. You acknowledge and agree that we provide access to such tools “as is” and “as available”, without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever 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 ensure that you are familiar with and approve of the terms on which the tools are provided by the relevant third-party providers. 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 will be subject to these Terms of Service. SECTION 8 – EXTERNAL LINKS The Services may contain materials and hyperlinks to websites provided or operated by third parties, including any functionality embedded by a third party. We are not responsible for examining or evaluating the content or accuracy of any external materials or websites that you choose to access. If you decide to leave the Services to access such third-party materials or websites, you do so at your own risk. We are not liable for any loss or damage related to your access to any external website or your purchase or use of any products, services, resources or content on any external website. Please carefully review the policies and practices of the third party and make sure you understand them before entering into any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to that third party. SECTION 9 – RELATIONSHIP WITH SHOPIFY Art Wear Odjoli is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchase transactions are made directly with Art Wear Odjoli. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Art Wear Odjoli, including any injuries, damages or losses arising from the purchase of Products and services. You hereby expressly release Shopify and Shopify’s affiliates from all claims, damages and liabilities arising from or related to your purchase and transactions with Art Wear Odjoli. SECTION 10 – PRIVACY POLICY All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here: https://odjoli.com/policies/privacy-policy, and some personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read this Privacy Policy. Because the Services are hosted by Shopify, Shopify collects and processes personal information relating to your access to and use of the Services in order to provide and improve the Services for your benefit. Information you submit to the Services will be transmitted to and shared with Shopify and third parties, which may be located in countries other than the country in which you reside, in order to provide services to you. Please see our Privacy Policy: https://odjoli.com/policies/privacy-policy, for more detailed information about how we, Shopify and our partners use your personal information. SECTION 11 – FEEDBACK If you submit, post, email or otherwise provide any 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 such Feedback in any media for any purpose, including commercial use. For example, we may use our rights under this licence to operate, provide, evaluate, improve, enhance and promote the Services and to fulfil our obligations and exercise our rights under these Terms of Service. You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with submitting Feedback; and (iii) your Feedback will comply with these Terms. We are and will not be obligated to: (1) keep your Feedback confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback. We may, but have no obligation to, monitor, edit or remove Feedback that we determine, in our sole discretion, to be unlawful, abusive, threatening, defamatory, libellous, pornographic, obscene or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service. You agree that your Feedback will not violate any rights of third parties, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive or obscene material, or any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone else or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you post and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party. SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS Occasionally, information on the Services may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, products, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information is inaccurate, at any time and without prior notice, including after you have submitted an 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 bad-faith purpose; (b) to violate any international, federal, provincial, state or local laws, rules, regulations or ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or harm any of our employees or any other person; (e) to submit false or misleading information; (f) to send, knowingly receive, upload, download, use or re-use any material that does not comply with these Terms; (g) to transmit or procure the sending of any advertising or promotional material, including “junk mail”, “chain letters”, “spam” or any other similar solicitation; (h) to impersonate or attempt to impersonate any person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use of the Services, or which, as determined by us, may harm Art Wear Odjoli, Shopify or users of the Services or expose them to liability. You further agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or gather personal information of others; (d) engage in spamming, phishing, pharming or impersonation of the Services; (e) use any robots, spiders, scraping tools, data collection and extraction tools, automated devices or processes, artificial intelligence tools (such as agentic AI), or automated or manual means to access the Services; or (f) interfere with, circumvent or bypass security or authorization features, robot exclusion headers or other measures that we use to restrict access to the Services. We reserve the right to suspend, disable or terminate your account at any time and without prior notice if we determine that you have breached any part of these Terms. SECTION 14 – AGENTS 14.1 This section (“Agents”) applies if you use the Services, permit, enable or instruct an Agent to access, use or interact with any Services. “Agent” means software or a service taking autonomous or semi-autonomous actions on behalf of or at the direction of any person or entity, which may be performed on behalf of or using that person’s device, without direct supervision. 14.2 No Agent may access, use or interact with the Services unless, in each case, it identifies itself and acts in strict compliance with the requirements set out in Section 14.4 below. In addition, no Agent may access, use or interact with the Services if we have requested that the Agent refrain from accessing, using or interacting with any Services. 14.3 We may limit, including by technical means, whether and how an Agent accesses, uses and interacts with the Services. 14.4 Agents must: (i) for all HTTP/HTTPS requests, specify that the request originates from an Agent and disclose the name of the Agent by including in the request the string “Agent/” followed by the agent’s name; (ii) not conceal or obscure the fact that any access, use or interaction originates from an Agent, for example by (a) imitating human behaviour and interaction patterns or (b) completing or circumventing CAPTCHA or measures intended to distinguish computer use by humans; (iii) answer truthfully any questions or prompts intended to determine whether interactions originate from a human or a computer; and (iv) not circumvent or otherwise avoid any measures intended to block, limit, modify or control whether and how Agents access, use or interact with any Shopify consumer service. SECTION 15 – TERMINATION We have the right to terminate this agreement or deny you access to the Services, or any part of them, at our sole discretion at any time and without prior 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 in all cases of 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 which by their nature should survive termination. SECTION 16 – DISCLAIMER OF WARRANTIES The information presented in or through the Services is made available solely for general purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance on such information is solely at your own risk. We disclaim all liability arising from reliance placed on such materials by you or any other person who uses the Services, or by anyone who may be informed of any of their contents. EXCEPT AS EXPRESSLY STATED BY ART WEAR ODJOLI, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER 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 WARRANT, REPRESENT OR 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 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 THE SELLER, OUR AFFILIATES, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR SHOPIFY AND SHOPIFY’S AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF USING THE SERVICES OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SECTION 18 – INDEMNIFICATION You agree to indemnify, defend and hold harmless Art Wear Odjoli, Shopify and our affiliates, partners, managers, directors, employees, agents, contractors, licensors and service providers from and against any losses, damages, liabilities or claims, including reasonable attorneys’ fees, due to any third party arising out of or in connection with: (1) your breach of these Terms of Service or 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 indemnity claim, provided that failure to give prompt notice will not relieve you of your obligation unless you suffer material prejudice. We may control the defence and settlement of such a claim at your expense, including the choice of counsel, but we will not settle any claim requiring non-monetary obligations from you without your consent, which may 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 of Service is found to be unlawful, void or unenforceable, that provision will nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms of Service. Such determination will not affect the validity and enforceability of any remaining provisions. SECTION 20 – WAIVER; ENTIRE AGREEMENT Our failure to exercise or enforce any right or provision of these Terms of Service will 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 relation to 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, without limitation, any prior versions of the Terms of Service. Any ambiguities in the interpretation of these Terms of Service will not be construed against the drafting party. SECTION 21 – 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 such attempt will be void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice. SECTION 22 – GOVERNING LAW These Terms of Service and any separate agreements under which we provide Services to you shall be governed by and construed in accordance with the laws of the federal, state or territorial courts in the jurisdiction in which Art Wear Odjoli is based. You and Art Wear Odjoli consent to the venue and personal jurisdiction of such courts. SECTION 23 – HEADINGS The headings used in this document are for convenience only and shall not limit or otherwise affect the provisions of these Terms. SECTION 24 – 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, change or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms of Service as required by applicable law, and such changes will take effect on the date stated in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes. SECTION 25 – CONTACT INFORMATION Questions about the Terms of Service should be sent to odjoli39@gmail.com. Our contact details are set out below: Art Wear Odjoli odjoli39@gmail.com Full seller and contact information is available here: https://odjoli.com/policies/contact-information