Terms of service

OVERVIEW Welcome to NemboStudio! NemboStudio operates this store and website, including all information, content, features, tools, products, and services, in order to provide you, the customer, with an appropriate shopping experience (the "Services"). NemboStudio is powered by Shopify, which allows us to provide the Services to you.

The terms and conditions below, along with any policies contained herein ("Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they include important information regarding your legal 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. 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 of legal age in your state or province of residence, and that you have given us your consent to allow any of your minor dependents to use the Services on devices owned, purchased, or managed by you. To use the Services, including accessing or browsing online stores or purchasing products and services offered by us, you may be required to provide certain information such as email address, billing, payment, and shipping details. You represent and warrant that all information provided by you in our stores is accurate, current, and complete and that you hold all necessary rights to provide such information. Account activity and the protection of your account credentials are your responsibility. You shall not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS We have made every effort to provide an accurate presentation of our products and services in our online stores. However, the display of colors and appearance of products may vary depending on the type of device you use to access the store and the settings and configuration of that device. We cannot guarantee that the appearance or quality of any products or services you purchase will meet your expectations or be identical to what is described or shown in our online stores. All product descriptions are subject to change at any time, without notice, at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of products offered to any person, geographic area, or jurisdiction from time to time.

SECTION 3 - ORDERS When you place an order, you are making an offer to purchase. NemboStudio reserves the right to accept or reject your order at its sole discretion for any reason. Your order is not confirmed until NemboStudio confirms acceptance. Before accepting an order, we must receive and process the payment. Please check your order carefully before submission, as NemboStudio may not be able to fulfill cancellation requests after acceptance. In the event of a rejection, modification, or cancellation of an order, we will notify you by contacting the email, billing address, and/or phone number provided at the time the order was placed. Your purchases are subject to return or exchange only in accordance with our Refund Policy. You represent and warrant that you are making purchases for personal or family use and not for resale or export.

SECTION 4 - PRICING AND BILLING Prices, discounts, and offers are subject to change without notice. The price charged for a product or service will be the actual price at the time the order is submitted and can be viewed in the order confirmation email. Unless otherwise specified, published prices do not include taxes, customs duties, or shipping, handling, and import costs.

For all purchases made in our stores, you agree to provide accurate, current, and complete purchase, payment, and account information. You agree to promptly update your account and other information, including your email address and 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 supply is true, correct, and complete, (ii) you are authorized to use such credit card for purchases, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling taxes and all other applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY We are not responsible for delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We are not responsible for delays attributable to shipping carriers, customs procedures, or events beyond our control. Once 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 trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, as well as the design, selection, and arrangement thereof, are owned by NemboStudio, its affiliates, or licensors and are protected by United States and foreign patent, copyright, and intellectual property laws. These Terms permit you to use the Services for your personal, non-commercial use only. You shall not reproduce, distribute, modify, create copies of, publicly display, publicly perform, republish, download, store, or transmit any material related to the Services without our written consent. Except as expressly stated, these Terms do not contain anything that grants or may be construed as granting a license or other rights to you regarding any patent, trademark, copyright, or other intellectual property of NemboStudio, Shopify, or any third party. Unauthorized use of the Services may result in a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by NemboStudio. NemboStudio’s names, logos, product and service names, designs, and slogans are trademarks of NemboStudio or its affiliates or licensors. You shall not use such trademarks without the written permission of NemboStudio. Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans present in the Services are the trademarks of their respective owners.

SECTION 7 - RELATIONSHIP WITH SHOPIFY NemboStudio is powered by Shopify, which allows us to provide the Services to you. However, the sales and purchases you make in our Store are directly with NemboStudio. By using the Services, you understand and agree that Shopify is not responsible for any aspect of the sales between you and NemboStudio, including any injury, damage, or loss resulting from the purchase of products and services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with NemboStudio.

SECTION 8 - PRIVACY POLICY All personal data we collect through the Services is subject to our Privacy Policy, and certain personal data may be subject to Shopify’s Privacy Policy, which can be found [here]. By using the Services, you confirm that you have read the aforementioned privacy policies. As it supports the Services, Shopify collects and processes personal data related to your access and use of the Services to provide and improve the Services for you. In order to provide and improve the Services for you, the data you submit to the Services will be transmitted to and shared with Shopify and third parties who may reside in countries other than your own. Please refer to our privacy policy for more information on how we, Shopify, and our partners use your personal data.

SECTION 9 - FEEDBACK When you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively "Feedback"), you grant us a perpetual, global, transferable, and royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback through any medium for any purpose, including commercial purposes. For example, we may exercise our rights under this license to operate, provide, evaluate, improve, enhance, and promote the Services, to perform obligations, and to exercise our rights as set forth in the Terms of Service. Furthermore, you confirm and agree that: (i) you own the necessary rights to all Feedback; (ii) you have disclosed any rewards or incentives received for submitting Feedback; and (iii) your Feedback complies with these Terms. We are not and shall not be obligated to (1) keep your Feedback confidential; (2) pay you for your Feedback; or (3) respond to your Feedback. While we are not obligated, we may monitor, edit, or remove Feedback that, at our discretion, is unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or in violation of intellectual property or these Terms of Service. You confirm that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or any other personal or proprietary right. You further confirm that your Feedback will not include defamatory or otherwise unlawful, offensive, or obscene content, nor contain any virus or other computer malware that could affect the operation of the Services or any linked website. You shall 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. Your Feedback and its accuracy are your sole responsibility. We take no responsibility for Feedback posted by you or any third party.

SECTION 10 - ERRORS, INACCURACIES, AND OMISSIONS Occasionally, information related to or included in the Services may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, offers, promotions, product 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 your order).

SECTION 11 - PROHIBITED USES You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly, for: (a) any unlawful or malicious purpose; (b) violating any local, provincial, state, federal, or international rules, regulations, laws, or ordinances; (c) infringing upon or violating our intellectual property rights or those of others; (d) harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or offending our employees or anyone else; (e) transmitting false or misleading information; (f) sending, receiving, uploading, downloading, using, or re-using any material that does not comply with these Terms; (g) transmitting or inducing the sending of any advertising or promotional material, including "junk mail," "chain letters," "spam," or other similar solicitations; (h) impersonating or attempting to impersonate another person or entity; (i) engaging in any other conduct that restricts or inhibits anyone's use or access to the Services, or which we deem harmful to NemboStudio, Shopify, or users of the Services, or exposes them to liability. Furthermore, you agree not to: (a) upload or transmit viruses or any other type of malicious code that could be used to affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or disclose any part of the Services; (c) collect or track the personal data of others; (d) engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (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 notice, if we believe you have violated any part of these Terms.

SECTION 12 - TERMINATION We may terminate this agreement at any time or discontinue your access to the Services (or any part thereof) at our discretion and without notice; you will remain liable for all amounts due up to and including the date of termination. The following sections will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other clause which by its nature lasts beyond termination.

SECTION 13 - DISCLAIMER OF WARRANTIES The information presented on or through the Services is made available solely for general information purposes. We do not warrant 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 and responsibility arising from any reliance placed on such materials by you, by any visitor to the Services, or by anyone who may be informed of any of its contents. Except as expressly stated by NemboStudio, the services and all products offered through them are provided 'as is' and 'as available' for your use, without any representation, 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 guarantee, represent, or warrant that your use of the services will be uninterrupted, timely, secure, or error-free. Some jurisdictions may limit or prohibit the disclaimer of implied or other warranties, so the above disclaimer may not apply to you.

SECTION 14 - LIMITATION OF LIABILITY To the maximum extent permitted by law, in no case shall NemboStudio, 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 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 the services or any products procured using the services; or for any other claim related in any way to your use of the services or any products, including but 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.

SECTION 15 - INDEMNIFICATION You agree to indemnify, defend, and hold harmless NemboStudio, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including reasonable attorneys' fees, made by any third party due to or arising out of: (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, (3) your access to and use of the Services. We will notify you of any such indemnifiable claim, provided that failure to provide prompt notice does not relieve you of your obligations unless you are materially affected. We may control the defense and settlement of such claim at your expense, including the choice of counsel, but we will not settle any claim requiring non-economic obligations from you without your consent (which shall not be unreasonably withheld). You will cooperate in the defense of non-indemnified claims, including providing relevant documents.

SECTION 16 - SEVERABILITY In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 17 - WAIVER; ENTIRE AGREEMENT The failure of Shopify 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 respect 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, 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.

SECTION 18 - ASSIGNMENT You must not delegate, transfer, or assign this Agreement or any of your rights or obligations subject to these Terms without our written consent; any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without notice to you or your consent.

SECTION 19 - GOVERNING LAW These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the federal, state, or territorial courts in the jurisdiction where NemboStudio is located. You and NemboStudio consent to the venue and personal jurisdiction in said courts.

SECTION 20 - HEADINGS The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 21 - CHANGES TO TERMS OF SERVICE You can review the most current version of the Terms of Service at any time at 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 to our website. It is your responsibility to check our website periodically for changes. We will notify you of changes to any material part of these Terms in accordance with applicable laws, and such changes will be effective from the date indicated 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 22 - CONTACT INFORMATION Questions about the Terms of Service should be sent to us at info@nembostudio.com.

VAT number: 02572090500