Terms of service

OVERVIEW

TheSabrArtist operates this website and offers information, tools, and services to users, subject to the acceptance of terms, conditions, policies, and notices stated on this website. By using this website or purchasing anything from it, users engage in the Service and agree to be bound by the Terms of Service, which apply to all users, including browsers, vendors, customers, merchants, and content contributors. Users must read these terms of service carefully before accessing or using the website, and if they do not agree to these terms, they may not use the website or its services. Any new features or tools added to the website will also be subject to the Terms of Service. Users can review the most current version of these terms at any time, and TheSabrArtist reserves the right to update, change, or replace any part of these terms. Shopify Inc. hosts this store and provides an online e-commerce platform. In addition, you agree to our Messaging Terms (https://terms.pscr.pt/legal/shop/thesabrartist/terms_of_service) and Messaging Privacy Policy (https://terms.pscr.pt/legal/shop/thesabrartist/privacy_policy).

SECTION 1 - ONLINE STORE TERMS

By accepting these Terms of Service, you confirm that you have reached the age of majority in your state or province of residence or have obtained the consent of your minor dependents to use this website. You agree not to use our products for any illegal or unauthorized purpose, and you must comply with all laws in your jurisdiction, including copyright laws while using our Service. You are strictly prohibited from transmitting any worms, viruses, or any code of a destructive nature. Violation or breach of any of the Terms will result in immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You acknowledge that your content, excluding credit card information, may be transferred unencrypted and may be subject to (a) transmissions over various networks and (b) changes to meet the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, use the Service, or access to the Service or any contact on the website without our express written permission. The headings used in this agreement are for convenience only and do not affect these Terms in any way.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if the information provided on this website is inaccurate, incomplete, or not up-to-date. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this website is at your own risk.

This website may contain historical information that is not current and is provided for reference only. We reserve the right to modify the content of this website at any time without obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

 

SECTION 5 - PRODUCTS OR SERVICES

(if applicable) Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. However, we cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time without liability. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. 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.

Please review our Returns Policy for more details.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control or input. 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 site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products, and services available through our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

Any link to a third-party website does not imply our endorsement or sponsorship of that website or its content. We do not monitor or have any control over any third-party websites, and we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such website.

SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

By submitting comments, feedback, or other materials (collectively, "Submissions") to us, whether at our request or not, you agree that we may use, copy, modify, publish, distribute, translate, and otherwise utilize your Submissions in any medium, without restriction. We are not obligated to maintain the confidentiality of any Submissions or to respond to any Submissions. Furthermore, we may monitor, edit, or remove any Submissions that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violate any party's intellectual property or these Terms of Service.

You warrant that your Submissions will not infringe any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. Additionally, your Submissions shall not contain libelous, abusive, or obscene material or any computer virus or malware that could affect the operation of the Service or any related website. You may not use a false email address, impersonate any person or entity, or otherwise mislead us or any third party as to the origin of your Submissions. You are solely responsible for any Submissions you make and their accuracy. We assume no responsibility or liability for any Submissions posted by you or any third party.

SECTION 10 - PERSONAL INFORMATION

Any personal information you provide to us through the store will be governed by our Privacy Policy. To view our Privacy Policy, please visit here on our website.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

We strive to ensure that all information on our site and in the Service is accurate, but occasionally there may be typographical errors, inaccuracies or omissions related to product descriptions, pricing, promotions, offers, 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We are under no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to any other prohibitions, as set forth in the Terms of Service, you are prohibited from using the site or its content for any unlawful purpose, to solicit others to perform or participate in any unlawful acts, to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances, or to infringe upon or violate our intellectual property rights or the intellectual property rights of others. Furthermore, you are prohibited from using the site or its content to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, to submit false or misleading information, to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet, to collect or track the personal information of others, to spam, phish, pharm, pretext, spider, crawl, or scrape, for any obscene or immoral purpose, or to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

You understand and agree that your use of our service is at your own risk and that the service is provided "as is" and "as available." We do not make any representations, warranties, or conditions of any kind, express or implied, regarding the operation or availability of the service, the accuracy or reliability of any information provided through the service, or the products or services obtained through the service, unless expressly stated by us in writing.

We do not guarantee that the service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from the use of the service will be accurate or reliable.

You agree that we may, at any time and without notice to you, suspend or cancel the service, or remove or modify any content or features of the service.

To the fullest extent permitted by law, we disclaim all warranties, representations, and conditions of any kind, including, but not limited to, implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no event shall TheSabrArtist, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, 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 the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, 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 service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless TheSabrArtist, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third party.

SECTION 15 - SEVERABILITY

If any provision of these Terms of Service is deemed unlawful, void, or unenforceable, the provision shall still be enforceable to the fullest extent permitted by applicable law. The unenforceable portion of the provision shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any remaining provisions.

SECTION 16 - TERMINATION

Upon termination of these Terms of Service, all provisions which by their nature should survive termination shall survive, including, but not limited to, ownership provisions, warranty disclaimers, indemnification, and limitations of liability. Any termination of these Terms of Service shall not relieve you of any obligations arising or accruing prior to such termination. We also reserve the right to refuse service to anyone for any reason at any time.

SECTION 17 - ENTIRE AGREEMENT:

The failure of TheSabrArtist 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 TheSabrArtist on this site or with respect to the Service constitute the entire agreement and understanding between you and TheSabrArtist and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and TheSabrArtist (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 TheSabrArtist as the drafting party.

SECTION 18 - 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 United Kingdom.

SECTION 19 - CHANGES TO 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 modify, replace or update 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. Your continued use of or access to our website or the Service after the posting of any modifications, replacements or updates to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

If you have any questions about these Terms of Service, please contact us at Team@thesabrartist.com