Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Pet Portrait Couture! The terms “we,” “us,” and “our” refer to Pet Portrait Couture. Pet Portrait Couture 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”). Pet Portrait Couture is powered by Shopify, which enables us to provide the Services to you.

These terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service 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, available through the policy links in our website footer. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access the Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and that you have given your consent to allow any minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing products or services, you may be asked to provide information such as your email address, billing information, payment information, and shipping information. You represent and warrant that all information you provide is correct, current, and complete and that you have all rights necessary to provide it.

You are solely responsible for maintaining the security of your account credentials and for all activity associated with your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 – OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services. However, colors and product appearance may differ from how they appear on your screen because of your device, display, settings, and configuration.

Our custom portraits are artistic interpretations created from customer-provided reference photographs and creative direction. Variations in artistic treatment, composition, texture, color, cropping, and fine detail are inherent in commissioned artwork. Product examples demonstrate the general character of each collection but do not guarantee an identical composition or result.

Printed colors and materials may differ slightly from their appearance on a screen because of differences among devices, displays, printing processes, papers, canvases, inks, and framing materials. These normal variations are not considered defects.

We do not warrant that the appearance or quality of a product or service will exactly match a customer’s subjective expectations or appear identical to examples displayed 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 a product at any time and may limit the quantities of products offered 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. Pet Portrait Couture reserves the right to accept or decline an order for any lawful reason at its discretion. Your order is not accepted until Pet Portrait Couture confirms acceptance. We must receive and process payment before an order is accepted.

Please review your order carefully before submitting it. Pet Portrait Couture may be unable to accommodate cancellation requests after artwork creation has begun. If we decline, change, or cancel an order, we will attempt to notify you using the email address, billing address, or telephone number provided with the order.

When submitting photographs, instructions, names, or other materials, you represent and warrant that you own them or have all permissions necessary for us to use them to create and fulfill your order. You must not submit material that infringes another person’s copyright, trademark, privacy, publicity, or other rights.

You are responsible for providing clear and accurate reference photographs, product selections, shipping information, and creative instructions. We are not responsible for inaccuracies resulting from incomplete, unclear, or incorrect information supplied with an order.

When a proof is provided, you are responsible for reviewing it carefully. Approval authorizes us to finalize the digital artwork or begin production of the printed product. After approval and production have begun, additional changes, cancellations, and refunds might not be available.

Your purchases are subject to return, cancellation, replacement, or refund solely in accordance with our Return and Refund Policy, available through the policy links in our website footer.

You represent and warrant that your purchases are for your personal or household use and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged will be the price in effect when the order is placed and will appear in the order confirmation. Unless expressly stated otherwise, posted prices do not include taxes, shipping, handling, customs duties, or import charges.

Prices in our online store may differ from prices offered through physical stores, third-party marketplaces, or other sales channels. Promotions may be governed by terms separate from these Terms. If promotional terms conflict with these Terms, the promotional terms will govern that promotion.

You agree to provide current, complete, and accurate purchase, payment, and account information. You agree to promptly update your information, including your email address and payment details, so that we can complete transactions and contact you when necessary.

You represent and warrant that the payment information you provide is true, correct, and complete; that you are authorized to use the selected payment method; that the charges will be honored by your payment provider; and that you will pay all charges incurred, including applicable shipping fees and taxes.

SECTION 5 – SHIPPING AND DELIVERY

All production and delivery timelines are estimates and are not guaranteed. Custom artwork requires creation, proofing, approval, production, and fulfillment before shipment, as applicable.

We are not responsible for delays caused by shipping carriers, weather, customs processing, incorrect customer information, delayed proof approval, or events outside our reasonable control.

Shipping delays caused by carriers, weather, customs, or other circumstances outside our reasonable control may affect estimated delivery dates. Damaged, defective, incorrect, or missing orders will be handled in accordance with our Return and Refund Policy and applicable law.

Customers are responsible for providing a complete and accurate delivery address. Additional costs resulting from an incorrect or incomplete address may be the customer’s responsibility to the extent permitted by law.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned by Pet Portrait Couture, its affiliates, or its licensors and are protected by applicable intellectual-property laws.

These Terms permit you to use the Services for personal, noncommercial purposes only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit material from the Services without our prior written consent, except as expressly permitted by these Terms.

Nothing in these Terms grants a license or other right under any patent, trademark, copyright, or other intellectual property belonging to Pet Portrait Couture, Shopify, or a third party, except as expressly provided. Unauthorized use may violate intellectual-property laws. All rights not expressly granted are reserved.

Pet Portrait Couture’s name, logo, product names, service names, collection names, designs, and slogans are trademarks or proprietary materials of Pet Portrait Couture or its licensors. They may not be used without prior written permission.

Customer-submitted photographs remain the property of their respective owners. By submitting photographs or other materials, you grant Pet Portrait Couture a limited license to use them solely as reasonably necessary to create, revise, produce, deliver, and support your order.

Unless otherwise agreed in writing, Pet Portrait Couture retains the copyright and intellectual-property rights in the commissioned artwork. After full payment, you receive a nonexclusive, nontransferable license to display the finished artwork, share it for personal purposes, and print an authorized digital file for personal, noncommercial use.

You may not sell, license, reproduce for commercial purposes, create merchandise from, or otherwise commercially exploit the artwork without prior written permission from Pet Portrait Couture.

We will not use a customer’s submitted reference photographs or finished commissioned portrait in public marketing or portfolio materials without permission.

Shopify’s name, logo, product names, service names, designs, and slogans are trademarks of Shopify. Other names, logos, products, services, designs, and slogans appearing through the Services belong to their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be provided access to tools offered by third parties as part of the Services. We do not monitor or control these third-party tools.

Access to third-party tools is provided “as is” and “as available,” without warranties, representations, conditions, or endorsements. To the extent permitted by law, we are not liable for issues arising from your use of optional third-party tools.

Your use of optional tools is at your own risk and discretion. You should review and understand the terms imposed by the relevant third-party provider.

We may offer new features, tools, and resources through the Services in the future. Such features will be considered part of the Services and will be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials or links to websites provided or operated by third parties. We are not responsible for examining or evaluating the content, accuracy, policies, or practices of third-party websites.

If you leave the Services to access third-party materials or websites, you do so at your own risk. We are not liable for harm or damages related to third-party websites or the purchase or use of third-party products, services, resources, or content.

Review third-party policies carefully before engaging in a transaction. Questions or complaints regarding third-party products and services should be directed to the applicable third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Pet Portrait Couture is powered by Shopify, which enables us to provide the Services. However, sales and purchases made through our store are made directly with Pet Portrait Couture.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Pet Portrait Couture, including any injury, damage, or loss resulting from purchased products or services.

You expressly release Shopify and its affiliates from claims, damages, and liabilities arising from or related to purchases and transactions with Pet Portrait Couture, to the extent permitted by applicable law.

SECTION 10 – PRIVACY POLICY

Personal information collected through the Services is subject to our Privacy Policy, available through the policy links in our website footer. Certain personal information may also be subject to Shopify’s Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes information about access to and use of the Services to provide and improve the Services. Information submitted through the Services may be transmitted to Shopify and other service providers, including providers located outside the customer’s country of residence.

Please review our Privacy Policy for more information about how Pet Portrait Couture, Shopify, and our service providers collect, process, disclose, retain, and protect personal information.

SECTION 11 – FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content concerning our Services (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display that Feedback in any medium for purposes including operating, evaluating, improving, and promoting the Services.

This Feedback provision does not grant us permission to publicly use customer-submitted reference photographs or commissioned portraits. Permission to use those materials will be requested separately.

You represent and warrant that you own or have the necessary rights to your Feedback; that you have disclosed any compensation or incentive received in connection with it; and that your Feedback complies with these Terms.

We are not obligated to maintain Feedback in confidence, pay compensation for Feedback, or respond to Feedback.

We may monitor, edit, or remove Feedback that we determine is unlawful, offensive, threatening, defamatory, obscene, objectionable, or in violation of these Terms or another person’s rights.

You agree that Feedback will not violate any third party’s copyright, trademark, privacy, publicity, personality, or other rights and will not contain unlawful material, malicious code, or misleading information.

You may not use a false email address, impersonate another person, or mislead us about the origin of Feedback. You are solely responsible for your Feedback and its accuracy.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Information presented through the Services may occasionally contain typographical errors, inaccuracies, or omissions concerning product descriptions, pricing, promotions, shipping charges, transit times, or availability.

We reserve the right to correct errors, inaccuracies, or omissions and to update information or cancel orders if information is materially inaccurate, including after an order has been submitted, subject to applicable law.

SECTION 13 – PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not use the Services to violate laws or regulations; infringe intellectual-property, privacy, publicity, or other rights; harass, abuse, threaten, defame, or harm another person; transmit false or misleading information; submit unlawful or infringing content; distribute spam or malicious code; impersonate another person or entity; interfere with the operation or security of the Services; collect personal information without authorization; scrape, reproduce, resell, or exploit the Services; or circumvent security and access controls.

You must not submit photographs or materials that you do not own or have permission to use.

We reserve the right to suspend or terminate access to the Services if we determine that these Terms have been violated.

SECTION 14 – AGENTS

This section applies if you deploy or permit autonomous or semi-autonomous software or services (“Agents”) to access or interact with the Services.

An Agent must accurately identify itself, must not conceal that it is automated, must not imitate human interaction to bypass restrictions, must not circumvent CAPTCHAs or other access controls, and must comply with any request to stop accessing the Services.

We may limit or prevent Agent access through technical or other measures.

SECTION 15 – TERMINATION

We may terminate this agreement or suspend access to all or part of the Services when permitted by law, including when these Terms have been violated. You remain liable for amounts properly due through the date of termination.

Provisions concerning Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Entire Agreement, Assignment, Governing Law, Privacy, and other provisions that by their nature should survive will continue after termination.

SECTION 16 – DISCLAIMER OF WARRANTIES

Information presented through the Services is made available for general informational purposes. We do not warrant that all information will always be accurate, complete, or useful. Reliance on information presented through the Services is at your own risk.

EXCEPT AS EXPRESSLY STATED BY PET PORTRAIT COUTURE AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

SOME JURISDICTIONS LIMIT OR PROHIBIT CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE PROVISIONS MAY NOT APPLY TO YOU.

SECTION 17 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, PET PORTRAIT COUTURE AND ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS, AND SHOPIFY AND ITS AFFILIATES, WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS, ARISING FROM USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LEGALLY BE EXCLUDED OR LIMITED.

SECTION 18 – INDEMNIFICATION

You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Pet Portrait Couture, Shopify, and their affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from losses, damages, liabilities, or third-party claims, including reasonable attorneys’ fees, arising from your breach of these Terms, violation of applicable law, violation of a third party’s rights, or unauthorized submission or use of photographs or other materials.

We will notify you of an indemnifiable claim. Failure to promptly notify you will not relieve your obligations unless you are materially prejudiced. We may control the defense and settlement of a claim at your expense, including the selection of counsel, but will not agree to a settlement imposing nonmonetary obligations on you without your consent, which will not be unreasonably withheld.

You agree to cooperate in the defense of indemnified claims, including by providing relevant information and documents.

SECTION 19 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforceable to the fullest extent permitted by law. Any unenforceable portion will be severed without affecting the validity or enforceability of the remaining provisions.

SECTION 20 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with policies and operating rules posted through the Services, constitute the entire agreement between you and Pet Portrait Couture concerning the Services and supersede prior or contemporaneous agreements, communications, and proposals concerning the same subject.

Ambiguities will not automatically be construed against the drafting party.

SECTION 21 – ASSIGNMENT

You may not delegate, transfer, or assign these Terms or your rights or obligations without our prior written consent. An attempted unauthorized assignment is void.

We may transfer, assign, or delegate these Terms and our rights and obligations as permitted by applicable law.

SECTION 22 – GOVERNING LAW

These Terms and any separate agreements through which we provide Services will be governed by the laws applicable in the jurisdiction where Pet Portrait Couture is headquartered, without limiting any mandatory consumer protections that apply.

The parties consent to the jurisdiction and venue of courts having proper authority over disputes involving Pet Portrait Couture.

SECTION 23 – HEADINGS

The headings in these Terms are included for convenience only and do not limit or otherwise affect the provisions they describe.

SECTION 24 – CHANGES TO THESE TERMS

You can review the most current version of these Terms at any time on this page.

We reserve the right to update, change, or replace any part of these Terms by posting an updated version through the Services. When required by law, we will provide notice of material changes.

Changes become effective on the date specified in the applicable notice or, when no separate date is required, when the updated Terms are posted. Continued use of the Services after changes become effective constitutes acceptance of the revised Terms.