Terms of Service

OVERVIEW

Welcome to Zairela Studio. The terms "we", "us" and "our" refer to Zairela Studio, a sole proprietorship registered in the Netherlands. Zairela 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 shopping experience (the "Services"). Zairela Studio is powered by Shopify, which enables us to provide the Services to you.

These terms and conditions, together with any policies referenced here (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services. Please read them carefully, as they include important information about 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, you should not use or access our Services.

SECTION 1 — WHO WE ARE

Zairela Studio
Witmoesdijk 6, 7461 PM Rijssen, The Netherlands
Email: zairelastudio@gmail.com
Phone: +31 6 20881035
Chamber of Commerce (KvK): 42034428
VAT: NL005445806B76

SECTION 2 — ACCESS AND ACCOUNT

By agreeing to these Terms, you represent that you are at least the age of majority in your place of residence, and that you consent to any minor dependents using the Services on devices you own or manage. To use the Services you may be asked to provide information such as your email address and billing, payment and shipping details. You represent that all information you provide is correct, current and complete. You are responsible for keeping your account credentials secure and for all activity on your account. You may not transfer, sell or assign your account to anyone else.

SECTION 3 — OUR PRODUCTS AND PERSONALIZATION

Every product we sell is made to order and personalized with the details you provide: a name, a date, a photo or a message. We produce exactly what you submit. Please check your spelling, dates and photo quality carefully before completing your order.

We have made every effort to represent our products accurately. Colors and appearance may differ from how they appear on your screen depending on your device and its settings. Handmade, printed and engraved items carry small natural variations. We do not warrant that the appearance of any product will be identical to the images shown.

All product descriptions are subject to change at any time at our discretion. We reserve the right to discontinue any product and to limit quantities offered to any person, region or jurisdiction.

SECTION 4 — ORDERS

When you place an order, you are making an offer to purchase. Zairela Studio may accept or decline any order at its discretion. Your order is not accepted until we confirm acceptance, and we must receive and process your payment before acceptance. Because personalized items go into production quickly, we may be unable to accommodate changes or cancellations once an order is accepted. If we decline, change or cancel an order, we will contact you using the email address, billing address or phone number provided with the order.

Returns and exchanges are governed by our Refund Policy. You represent that your purchases are for personal or household use and not for commercial resale or export.

SECTION 5 — PRICES, TAXES AND BILLING

Prices are shown in US dollars. Prices, discounts and promotions may change without notice; the price charged is the price in effect when your order is placed, as set out in your order confirmation. Unless expressly stated, posted prices do not include shipping, customs duties or import charges, which may be payable on delivery depending on your country.

You agree to provide current, complete and accurate payment and account information, and to keep it up to date so we can complete your transactions and contact you when needed. You represent that you are authorized to use the payment method you provide and that you will pay all charges incurred at the posted prices.

SECTION 6 — SHIPPING AND DELIVERY

All delivery times are estimates and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing or events outside our control. Once we hand products to the carrier, title and risk of loss pass to you, except where mandatory consumer law provides otherwise.

SECTION 7 — INTELLECTUAL PROPERTY

Our Services, including all trademarks, text, images, graphics, video and audio, and the design, selection and arrangement of them, are owned by Zairela Studio, its affiliates or licensors and are protected by Dutch, European and international intellectual property law.

These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish or transmit any material from the Services without our prior written consent. All rights not expressly granted are reserved. The Zairela Studio name and logo are our trademarks and may not be used without our written permission. Shopify's name, logo and marks are trademarks of Shopify.

SECTION 8 — CONTENT YOU UPLOAD

When you upload a photo, text or other material for personalization, you grant us the rights necessary to produce, print, engrave and ship your order, and to handle any related customer service. You represent and warrant that you own or have permission to use everything you upload, and that it does not infringe anyone's copyright, trademark, privacy or other rights.

We may refuse to produce any order containing material that is unlawful, hateful, threatening, defamatory, obscene, or that infringes the rights of others. If we refuse an order on these grounds, we will cancel it and refund you in full.

SECTION 9 — FEEDBACK

If you send us ideas, suggestions, reviews or other feedback, you grant us a perpetual, worldwide, royalty-free license to use, reproduce, modify, publish and display that feedback for any purpose, including commercial use. We are under no obligation to keep feedback confidential, to compensate you for it, or to respond to it. We may monitor, edit or remove feedback we consider unlawful or objectionable.

SECTION 10 — THIRD-PARTY TOOLS AND LINKS

The Services may give you access to tools and links provided by third parties, which we neither monitor nor control. We provide access to such tools "as is" and "as available", without warranties or endorsement, and we have no liability arising from your use of them. Please review any third party's own terms and privacy practices before you engage with them.

SECTION 11 — RELATIONSHIP WITH SHOPIFY

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

SECTION 12 — PRIVACY

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's 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 them. Information you submit may be transmitted to and shared with Shopify and third parties located in countries other than where you reside.

SECTION 13 — ERRORS AND OMISSIONS

Occasionally there may be information in the Services containing typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times or availability. We reserve the right to correct any such errors and to change or update information, or cancel orders, if any information is inaccurate at any time without prior notice, including after you have submitted your order.

SECTION 14 — PROHIBITED USES

You may use the Services for lawful purposes only. You may not use them: for any unlawful or malicious purpose; to violate any applicable law or regulation; to infringe our intellectual property rights or those of others; to harass, abuse, defame or harm any person; to transmit false or misleading information; to send spam or unsolicited advertising; to impersonate any person or entity; or to restrict or inhibit anyone else's use of the Services.

You also agree not to upload viruses or malicious code, to copy or resell any portion of the Services, to collect or track the personal information of others, or to interfere with or circumvent the security features of the Services. We may suspend, disable or terminate your access at any time if we determine you have violated these Terms.

SECTION 15 — AUTOMATED AGENTS

This section applies if you use, enable or cause the deployment of an Agent to access or interact with the Services. "Agent" means software that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, a person or entity. No Agent may access the Services unless it identifies itself as an Agent in all HTTP/HTTPS requests, does not conceal or obfuscate that it is an Agent or mimic human interaction patterns, responds truthfully when asked whether interactions come from a human or a computer, and does not circumvent measures intended to block, limit or control Agent access. We may limit, including by technical means, whether and how any Agent accesses the Services.

SECTION 16 — TERMINATION

We may terminate this agreement or your access to the Services at any time at our discretion, and you remain liable for all amounts due up to and including the date of termination. The sections on Intellectual Property, Content You Upload, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability and Governing Law survive termination.

SECTION 17 — DISCLAIMER OF WARRANTIES

The information presented through the Services is made available for general information purposes only, and any reliance you place on it is at your own risk. Except as expressly stated by Zairela Studio, the Services and all products offered through them are provided "as is" and "as available", without representations, warranties or conditions of any kind, express or implied, including implied warranties 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. Nothing in this section limits any rights you have under mandatory consumer protection law.

SECTION 18 — LIMITATION OF LIABILITY

To the fullest extent permitted by law, Zairela Studio, its partners, contractors, service providers and licensors shall not be liable for any injury, loss, claim, or any indirect, incidental, punitive, special or consequential damages of any kind, including lost profits, lost revenue, loss of data or replacement costs, arising from your use of the Services or of any product purchased through them. Where liability cannot be excluded, it is limited to the amount you paid for the product concerned. Nothing in this section excludes liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot lawfully be excluded.

SECTION 19 — INDEMNIFICATION

You agree to indemnify and hold harmless Zairela Studio, Shopify and our affiliates, partners, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, payable to any third party arising out of your breach of these Terms, your violation of any law or the rights of a third party, or your access to and use of the Services. This includes claims arising from material you upload for personalization.

SECTION 20 — SEVERABILITY, WAIVER AND ENTIRE AGREEMENT

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision is severed and the remaining provisions continue in full force. Our failure to exercise or enforce any right or provision does not constitute a waiver of it. These Terms, together with the policies posted on this site, constitute the entire agreement between you and us regarding the Services, superseding any prior agreements or communications.

SECTION 21 — ASSIGNMENT

You may not delegate, transfer or assign these Terms or any of your rights or obligations under them without our prior written consent, and any such attempt is void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent.

SECTION 22 — GOVERNING LAW AND DISPUTES

These Terms of Service, and any separate agreements under which we provide you Services, are governed by and construed in accordance with the laws of the Netherlands, excluding its conflict of law rules and the UN Convention on Contracts for the International Sale of Goods. Disputes will be submitted to the competent court in the Netherlands.

If you are a consumer, this choice of law does not deprive you of the protection of any mandatory consumer law of your country of residence, and you may also be entitled to bring proceedings in the courts of that country.

SECTION 23 — CHANGES TO THESE TERMS

You can review the most current version of these Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates to our website. It is your responsibility to check periodically for changes. We will notify you of material changes as required by applicable law. Your continued use of the Services following the posting of changes constitutes acceptance of those changes.

SECTION 24 — CONTACT

Questions about these Terms of Service can be sent to zairelastudio@gmail.com.

Zairela Studio, Witmoesdijk 6, 7461 PM Rijssen, The Netherlands. KvK 42034428. VAT NL005445806B76.