Terms of service
OVERVIEW
Welcome to PAINTIFY. These Terms of Service describe the terms and conditions on which PAINTIFY LIMITED provides access to this website, online store, products, information, content, features, tools and related services.
The terms “we”, “us” and “our” refer to PAINTIFY LIMITED, a private limited company registered in England and Wales under company number 17200297, with registered office at Silverstream House, 45 Fitzroy Street, London, England, W1T 6EB.
PAINTIFY operates this store and website to provide customers with a curated shopping experience for paint-by-numbers kits, artistic canvas products, painting accessories, brushes, acrylic pigments, easels and related creative products. PAINTIFY is powered by Shopify, which enables us to provide the online store and related services to you.
By visiting, browsing, accessing or purchasing from our website, you agree to be bound by these Terms of Service, together with our Privacy Policy, Refund Policy, Shipping Policy and Contact Information page. If you do not agree to these Terms, you should not access or use our website or services.
SECTION 1 - ACCESS AND ACCOUNT
By using our website and services, you confirm that you are at least the age of majority in your country, state or province of residence, or that you have given us your consent to allow any of your minor dependents to use this website.
To use certain parts of the website, including placing orders, checking out or contacting us, you may be required to provide information such as your name, email address, billing address, shipping address, payment information and contact details. You confirm that all information you provide is accurate, current and complete.
You are responsible for maintaining the confidentiality and security of your account credentials, if an account is created, and for all activity that occurs under your account.
SECTION 2 - OUR PRODUCTS
PAINTIFY offers artistic products including paint-by-numbers kits, pre-printed canvases, acrylic pigments, brushes, easels and related creative accessories.
We make every effort to display product images, colours, descriptions, materials, dimensions and prices accurately. However, the appearance of colours, canvas details and product images may vary depending on your device, screen settings and display quality.
All product descriptions, prices and availability are subject to change without notice. We reserve the right to modify, limit, discontinue or update any product at any time.
Some products may be supplied in limited quantities or may be subject to specific shipping, availability or fulfilment restrictions depending on the destination country.
SECTION 3 - ORDERS
When you place an order through our website, you are making an offer to purchase the selected products. Your order is not accepted until we confirm acceptance and process your payment.
After placing an order, you should receive an order confirmation email containing details of the order, including the order number, product information and total amount. Please review your order carefully before submitting it.
We reserve the right to refuse, cancel or limit any order at our discretion, including where there is a suspected error, pricing mistake, stock issue, payment problem, shipping restriction, fraud concern or breach of these Terms.
If we make a change to or cancel an order, we may attempt to notify you using the email address, billing address, shipping address or phone number provided at the time of order.
Your purchases are subject to our Refund Policy, which can be found here: Refund Policy.
You confirm that any products purchased from PAINTIFY are for personal, household, artistic or gift use and not for unauthorised commercial resale.
SECTION 4 - PRICES, CURRENCY AND BILLING
Prices displayed on the website are shown in the currency available at checkout, including EUR where applicable. Prices, discounts, promotions and product availability may change without notice.
The price charged for a product will be the price displayed at checkout at the time your order is placed. Unless otherwise stated, prices may not include shipping charges, customs duties, import fees, local taxes or other charges that may apply depending on your delivery destination.
Shipping charges, if applicable, will be calculated and displayed at checkout. Customs duties, import taxes and local processing fees may be charged by local authorities or carriers and are the responsibility of the customer unless otherwise stated at checkout.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our website.
You confirm that you are authorised to use the payment method provided and that the payment information submitted is true, correct and complete.
SECTION 5 - SHIPPING AND DELIVERY
Orders are processed and shipped in accordance with our Shipping Policy, which can be found here: Shipping Policy.
Delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, incorrect address information, public holidays, weather events, high order volumes or circumstances outside our reasonable control.
Once an order is shipped, tracking information may be provided where available. Please ensure that your delivery address is complete and accurate before submitting your order.
SECTION 6 - RETURNS, REFUNDS AND EXCHANGES
Returns, refunds and exchanges are governed by our Refund Policy, which can be found here: Refund Policy.
Customers must contact us before returning any product. Items sent back without first requesting a return may not be accepted.
Returned products must meet the eligibility requirements stated in our Refund Policy, including being in the same condition as received, unused, with tags where applicable, and in the original packaging.
SECTION 7 - INTELLECTUAL PROPERTY
All content on this website, including but not limited to text, images, graphics, logos, product names, product descriptions, designs, layouts, photographs, videos, icons, branding and other materials, is owned by or licensed to PAINTIFY, its affiliates, suppliers or licensors.
You may access and use the website for personal and non-commercial purposes only. You must not copy, reproduce, distribute, modify, republish, download, display, sell, resell, exploit or create derivative works from any part of the website or its content without our prior written consent.
The PAINTIFY name, branding, logos, product names and related marks may not be used without prior written permission from PAINTIFY LIMITED.
SECTION 8 - OPTIONAL TOOLS AND THIRD-PARTY SERVICES
We may provide access to tools, applications, payment providers, analytics services, shipping integrations and other third-party services as part of the operation of our website.
These third-party services are provided by independent providers and may be subject to their own terms and policies. We are not responsible for the content, accuracy, availability, security or practices of third-party services that we do not control.
SECTION 9 - THIRD-PARTY LINKS
Our website may contain links to third-party websites or services. These links are provided for convenience only. We are not responsible for examining or evaluating the content, accuracy, policies or practices of third-party websites.
If you access third-party websites or services, you do so at your own risk. Please review the third party’s policies and terms before engaging in any transaction or providing personal information.
SECTION 10 - RELATIONSHIP WITH SHOPIFY
PAINTIFY is powered by Shopify, which provides the e-commerce platform that enables us to sell our products to you online.
Any purchase made through our store is made directly with PAINTIFY LIMITED. Shopify is not responsible for any aspect of the sale between you and PAINTIFY, including products, fulfilment, delivery, returns, refunds, customer service, injury, damage or loss arising from products purchased from us.
By using our website, you acknowledge that Shopify may process certain information in connection with providing the platform and related services. For more information about how personal information is processed, please review our Privacy Policy and Shopify’s applicable privacy information.
SECTION 11 - PRIVACY POLICY
Our collection, use, storage and disclosure of personal information is described in our Privacy Policy, which can be found here: Privacy Policy.
By using our website or placing an order, you acknowledge that you have read and understood our Privacy Policy.
SECTION 12 - FEEDBACK, REVIEWS AND USER CONTENT
If you submit reviews, comments, images, feedback, suggestions or other content to us, you confirm that you have the right to submit such content and that it does not violate the rights of any third party.
You grant PAINTIFY a non-exclusive, worldwide, royalty-free licence to use, reproduce, modify, publish, translate, display and distribute such content for the purpose of operating, improving and promoting our services.
We may, but are not obligated to, monitor, edit or remove content that we determine to be unlawful, offensive, misleading, abusive, defamatory, obscene, infringing or otherwise inappropriate.
SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our website that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, delivery times, availability or other information.
We reserve the right to correct any errors, inaccuracies or omissions, to change or update information, or to cancel orders if any information is inaccurate, at any time and without prior notice, including after an order has been submitted.
SECTION 14 - PROHIBITED USES
You may use our website and services for lawful purposes only. You must not use the website or services:
- for any unlawful, fraudulent or malicious purpose;
- to violate any applicable laws, regulations or third-party rights;
- to infringe our intellectual property rights or the rights of others;
- to submit false, misleading or inaccurate information;
- to transmit viruses, malware or harmful code;
- to collect or track personal information of others without permission;
- to spam, phish, scrape, crawl or exploit the website;
- to interfere with the security or functionality of the website;
- to impersonate another person or entity;
- to use the website in a way that may harm PAINTIFY, Shopify, customers or third parties.
We reserve the right to suspend or terminate access to our website or services if we determine that these Terms have been violated.
SECTION 15 - DISCLAIMER OF WARRANTIES
Our website, services and products are provided on an “as is” and “as available” basis, except where expressly stated otherwise.
We do not guarantee that the website will be uninterrupted, timely, secure or error-free, or that any defects will be corrected. We do not warrant that product results, colour appearance, artistic outcomes or customer expectations will be exactly the same as shown on your device screen or in product images.
Nothing in these Terms excludes or limits any rights you may have under applicable consumer protection laws that cannot be excluded or limited by law.
SECTION 16 - LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, PAINTIFY LIMITED, its directors, officers, employees, contractors, suppliers, service providers and affiliates shall not be liable for any indirect, incidental, special, consequential or punitive damages arising from your use of the website, services or products.
This includes, without limitation, loss of profits, loss of revenue, loss of savings, loss of data, replacement costs or similar damages, whether based in contract, tort, negligence, strict liability or otherwise.
Nothing in these Terms shall exclude or limit liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.
SECTION 17 - INDEMNIFICATION
You agree to indemnify and hold harmless PAINTIFY LIMITED, Shopify and our affiliates, partners, directors, officers, employees, agents, contractors, suppliers and service providers from any losses, damages, liabilities, claims or expenses arising out of your breach of these Terms, your violation of any law, or your infringement of any rights of a third party.
SECTION 18 - TERMINATION
We may terminate or suspend your access to the website or services at any time if we determine that you have violated these Terms or used the website in an unlawful, harmful or inappropriate manner.
Any obligations and liabilities incurred before termination shall survive termination where necessary, including payment obligations, intellectual property provisions, limitation of liability, indemnification and governing law.
SECTION 19 - SEVERABILITY
If any provision of these Terms is found to be unlawful, void or unenforceable, that provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. The remaining provisions shall remain valid and enforceable.
SECTION 20 - WAIVER AND ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms, together with our policies and any other notices posted on the website, constitute the entire agreement between you and PAINTIFY regarding your use of the website and services.
SECTION 21 - ASSIGNMENT
You may not assign, transfer or delegate your rights or obligations under these Terms without our prior written consent.
We may assign, transfer or delegate our rights and obligations under these Terms without notice where necessary for business operations, legal compliance, restructuring or transfer of the business.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide services or products to you shall be governed by and construed in accordance with the laws of England and Wales.
Subject to any mandatory consumer protection rights that may apply in your country of residence, the courts of England and Wales shall have jurisdiction over disputes arising from or relating to these Terms, the website or purchases made from PAINTIFY.
SECTION 23 - CHANGES TO THESE TERMS
You can review the most current version of these Terms of Service on this page at any time.
We reserve the right to update, change or replace any part of these Terms by posting updates on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at info@paintify.ltd.
PAINTIFY LIMITED
Company Number: 17200297
Registered Office: Silverstream House, 45 Fitzroy Street, London, England, W1T 6EB
Email: info@paintify.ltd
Website: https://paintify.com.co