Terms of service
OVERVIEW
Welcome to the EME Street Art store. The terms “we,” “us,” and “our” refer to EME Street Art.
EME Street Art operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a convenient shopping experience (the “Services”). EME Street Art uses Shopify to provide the Services.
The following terms and conditions, together with any policies referenced herein, (the “Terms of Service” or “Terms”) describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they contain important information about your legal rights and include areas such as disclaimers of warranties 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 [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you should not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you confirm that you have reached the age of majority in your country, state, or province of residence and, where applicable, that you consent to allowing your minor dependents to use the Services on devices that you own, have purchased, or manage.
In order to use the Services, including accessing and browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment, and shipping information.
You represent and warrant that all information you provide in our store is accurate, current, and complete, and that you have all rights necessary to provide such information.
You are solely responsible for maintaining the security of your account login credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We have made every effort to provide accurate descriptions of our products and services in our online store. However, please note that colors or product appearance may vary depending on the type, settings, and configuration of the device you use to access the store.
We do not guarantee that the appearance or quality of any products or services you order will meet your expectations or be exactly as shown in our online store.
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 may limit the quantities of any products we offer to any person, geographic region, or jurisdiction on a case-by-case basis.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. EME Street Art reserves the right to accept or reject your order for any reason at our sole discretion. Your order will not be accepted until it has been confirmed by EME Street Art.
We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as EME Street Art may not be able to accommodate cancellation requests after an order has been accepted.
If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time the order was placed.
Your purchases may be returned or exchanged only in accordance with our Refund Policy [LINK].
You represent and warrant that your purchase is intended for personal or household use and is not intended for resale or export.
SECTION 4 – PRICES AND BILLING
Prices, fees, and promotions are subject to change without 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 your order confirmation email.
Unless expressly stated otherwise, listed prices include VAT and do not include shipping and handling fees, customs duties, or import charges.
Prices listed in our online store may differ from prices offered in a physical store or in online stores or other stores operated by third parties.
From time to time, we may offer promotions related to the Services that may affect pricing and may be governed by terms separate 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 store. You agree to promptly update your account and other information, including your email address, payment card numbers, and expiration dates, so that we can complete your transactions and contact you when needed.
You represent and warrant that: (i) the payment card information you provide is true, correct, and complete; (ii) you are duly authorized to use such payment card for the purchase; (iii) charges incurred by you will be honored by your payment card company; and (iv) you will pay all charges incurred by you at the posted prices, including shipping and handling fees and all applicable taxes, where relevant.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for delays in shipping or delivery. All delivery times are estimates only and are not guaranteed.
We are not responsible for delays caused by shipping carriers, customs clearance, or events outside our control.
Once we hand the products over to the shipping 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, videos, and audio recordings, as well as their design, selection, and arrangement, are owned by EME Street Art, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, trademark, and other intellectual property laws.
These Terms allow you to use the Services for personal, non-commercial purposes only.
Without our prior written consent, you may not reproduce, distribute, modify, publicly display, publicly perform, republish, download, store, transmit, or create derivative works from any material from the Services.
Except as expressly stated in these Terms, nothing in these Terms shall be construed as granting any license or other rights under any patent, trademark, copyright, or other intellectual property of EME Street Art, Shopify, or any third party.
Unauthorized use of the Services may violate intellectual property laws. All rights not expressly granted herein are reserved by EME Street Art.
The EME Street Art name, logos, product and service names, designs, and slogans are trademarks of EME Street Art or its affiliates or licensors. You may not use these trademarks without prior written permission from EME Street Art.
The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans within the Services are trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
As part of the Services, you may be provided access to customer tools offered by third parties that we neither monitor nor control.
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 arising from or relating to your use of optional third-party tools.
Any use of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms under which such tools are provided by the relevant third-party providers.
In the future, we may also offer new features through the Services, including new tools and resources. Such new features shall also be considered part of the Services and shall be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties, including any embedded third-party features.
We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you choose to access. If you decide to leave the Services and access third-party materials or websites, you do so at your own risk.
We are not responsible for any harm or damages related to your access to third-party websites or your purchase or use of any products, services, resources, or content on third-party websites.
Please carefully review the third party’s policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the relevant third party.
SECTION 14 – AGENTS
14.1
This section (“Agent Terms”) applies if you use, enable, authorize, or deploy an Agent to access, use, or interact with any part of the Services.
An “Agent” means any software or service that performs autonomous or semi-autonomous actions on behalf of, or under the direction of, a person or entity and can be activated without direct human supervision.
14.2
No Agent may access, use, or interact with the Services unless it continuously identifies itself and complies with the requirements set out in Section 14.4 below.
Additionally, 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 part of the Services.
14.3
We may restrict, including through technical measures, whether and how an Agent may access, use, or interact with the Services.
14.4
Agents must:
(i) identify themselves in all HTTP/HTTPS requests by including the following text in the user-agent string:
“Agent/[Agent Name]”
(ii) not conceal or misrepresent that access, use, or interaction originates from an Agent;
(iii) truthfully respond to any questions or prompts designed to determine whether interactions originate from a human or a computer;
(iv) not bypass or attempt to bypass any measures designed to block, restrict, modify, or control Agent access to the Services.
SECTION 15 – TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at any time, without prior notice, at our sole discretion.
You remain responsible for all amounts due up to and including the date of termination.
The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any provisions that by their nature should survive termination.
SECTION 16 – DISCLAIMER OF WARRANTIES
The information presented through the Services is provided for general informational purposes only.
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.
EXCEPT AS EXPRESSLY STATED BY EME STREET ART, THE SERVICES AND ALL PRODUCTS PROVIDED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
THIS INCLUDES IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
SECTION 17 – LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EME STREET ART, ITS AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, SERVICE PROVIDERS, LICENSORS, SHOPIFY, AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND.
THIS INCLUDES, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.
SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless EME Street Art, Shopify, and their affiliates, partners, officers, directors, employees, agents, suppliers, licensors, and service providers from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or related to:
1. Your violation of these Terms of Service;
2. Your violation of any law or third-party rights;
3. Your access to or use of the Services.
We will notify you of any claim subject to indemnification. Failure to provide prompt notice will not relieve you of your obligations unless you are materially prejudiced by the delay.
SECTION 19 – SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law.
The unenforceable portion shall be deemed severed from these Terms of Service and shall 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 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 website constitute the entire agreement and understanding between you and us and govern your use of the Services.
They supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 21 – ASSIGNMENT
You may not assign, transfer, or delegate this agreement or any of your rights or obligations under these Terms without our prior written consent.
We may assign, transfer, 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 shall be governed by and construed in accordance with the laws of the country and jurisdiction in which EME Street Art is located.
You and EME Street Art agree to the exclusive jurisdiction and venue of those courts.
SECTION 23 – HEADINGS
The headings used in these Terms are included for convenience only and shall not affect the interpretation of these Terms.
SECTION 24 – CHANGES TO THE TERMS OF SERVICE
You can review the most current version of these 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 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 in accordance with applicable law. Such changes will become effective on the date specified in the notice.
Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
SECTION 25 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to:
eme.streetstore@gmail.com
Contact Information:
Petr Vít
eme.streetstore@gmail.com
Rodov 84
503 03 Smiřice
Czech Republic