Terms of service

TERMS OF SERVICE

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OVERVIEW

This website is operated by Sina Sibler. Throughout the site, the terms “we”, “us” and “our” refer to Sina Sibler. By accessing or using this website, including all information, tools, and services available through it, you (“the user”) agree to be bound by the following Terms and Conditions (“Terms of Service”, “Terms”).

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms, including any additional terms, conditions, and policies referenced herein or available by hyperlink. These Terms apply to all users of the site, including but not limited to browsers, vendors, customers, merchants, and contributors of content.

Please read these Terms carefully before accessing or using our website. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

We reserve the right to update, change, or replace any part of these Terms by posting updates on this page. It is your responsibility to check this page periodically for changes. Your continued use of the website following any changes constitutes acceptance of those changes.

Our online store is hosted on Squarespace, which provides us with the ecommerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your country of residence, or that you are the age of majority and have given your consent for any minor dependents to use this site.

You agree not to use our products or services for any unlawful or unauthorized purpose, including but not limited to violating intellectual property or copyright laws in your jurisdiction. You also agree not to transmit any malware, viruses, or any code of a destructive or harmful nature.

Any breach or violation of these Terms will result in immediate termination of your access to the Services.

SECTION 2 - GENERAL CONDITIONS

1. Right to Refuse Service.
   We reserve the right to refuse service to anyone at any time for any reason.

2. Data Transmission.
   You acknowledge that all content you submit to this site- other than payment information -may be transmitted across networks and devices in an unencrypted form. All credit‑card and payment data, however, is always encrypted during transfer.

3. Permitted Use.
   You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service or any content provided on the site without our express prior written permission.

4. Section Headings.
   Section headings are provided for convenience only and do not affect the interpretation of these Terms.

5. Consumer Rights (New Zealand).
   Nothing in these Terms limits your rights under the New Zealand Consumer Guarantees Act or other applicable laws.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

1. General Disclaimer.
   All content on this site -including text, images, product descriptions, and pricing - is provided “as is” for general information only. We make no warranties as to accuracy, completeness, or currency.

2. Your Responsibility.
   You should verify any details critical to your decision (for example, artwork dimensions, availability, or price) with us directly before relying on them. Any reliance on site content is at your own risk.

3. Historical Content.
   Certain pages may contain historical information. By nature, such content is not current and is provided only for your reference.

4. Updates & Changes.
   We may modify, remove, or add content at any time without notice. It is your responsibility to check the site for updates.

5. Consumer Guarantees.
   This disclaimer does not affect your rights under the New Zealand Consumer Guarantees Act or other applicable laws—you retain all statutory rights.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

1. Pricing Changes.
   We may update product prices at any time without prior notice. All orders will be charged at the price in effect at the time the order is placed.

2. Service Changes.
   We reserve the right to modify, suspend, or discontinue any aspect of the Service (including content, features, or functionalities) at any time and without notice.

3. Limitation of Liability.
   You agree that neither we nor our affiliates will be liable for any loss or damage arising from price changes, modifications, suspension, or discontinuation of the Service.

4. Your Rights.
   Nothing in this section affects your statutory rights under the New Zealand Consumer Guarantees Act or other applicable laws.

SECTION 5 – PRODUCTS & SERVICES

1. Online‑Only & Limited Availability.

   • Certain products or services are available exclusively through this website and may be offered in limited quantities.

   • We may limit the number of units you can purchase or refuse an order at our discretion.

2. Product Descriptions & Images.

   • We’ve made every effort to display product images and colors accurately. However, monitor displays vary and we cannot guarantee a perfect match.

3. Pricing, Changes & Discontinuation.

   • Descriptions, availability, and pricing are subject to change at any time without notice.

   • We may discontinue any product or service at our sole discretion.

4. Geographic & Legal Restrictions.

   • Any offer for a product or service is void where prohibited by law.

   • We reserve the right to restrict sales to certain regions or jurisdictions.

5. Returns & Exchanges.

   • All returns and exchanges are handled in accordance with our Return Policy.

6. No Warranty.

   • We do not warrant that our products or services will meet your expectations or that the Site will be error‑free.

7. Your Legal Rights.

   • Nothing in this section limits your rights under the New Zealand Consumer Guarantees Act or other applicable laws.

SECTION 6 – ACCURACY OF BILLING & ACCOUNT INFORMATION

1. Order Acceptance & Limits

   • We may refuse or cancel any order at our discretion, including limiting quantities per person, household, account, payment method, or address.

   • We also reserve the right to reject orders we believe are placed by dealers, resellers, or distributors.

2. Order Changes & Notification

   • If we change or cancel your order, we will attempt to notify you via the email, billing address, or phone number you provided when placing the order.

3. Your Account Information

   • You agree to provide and maintain current, complete, and accurate account and billing details (including payment card numbers and expiration dates).

   • Please update any changes to this information promptly so we can process your transactions and reach you if needed.

4. Further Details

   • For information on cancellations, returns, and refunds, please see our Returns Policy.

5. Your Rights

   • Nothing in this section affects your rights under the New Zealand Fair Trading Act or any other applicable laws concerning billing accuracy and consumer protection.

SECTION 7 – OPTIONAL TOOLS

1. Third‑Party Tools

   • We may provide access to optional third‑party tools (e.g. plugins, integrations) on an “as is” and “as available” basis.

   • We do not monitor, endorse, or control these tools, and we disclaim all warranties and liability arising from your use of them.

   • Your use of any third‑party tool is at your own risk, and you should review and accept the provider’s terms before using.

2. Future Tools & Features

   • We may introduce new tools, services, or features through the site. Any such additions will be governed by these Terms of Service.

SECTION 8 – THIRD‑PARTY LINKS

1. External Content & Services

   • Our Service may include links to third‑party websites, tools, or resources (for example, social media platforms, affiliate sites, or partner stores).

   • We do not control, monitor, or endorse any third‑party content, products, or services accessible via these links.

2. No Liability

   • We make no representations or warranties about the accuracy, completeness, or appropriateness of any third‑party materials.

   • We are not liable for any loss or damage arising from your use of, or reliance on, third‑party content, products, or services.

3. Your Responsibility

   • Before engaging in any transaction or interaction with a third party, please review and understand their terms, privacy policies, and practices.

   • Any complaints or issues regarding third‑party goods or services should be directed to the respective provider.

4. Consumer Rights

   • Your rights in relation to third‑party products and services are governed by the terms provided by those third parties and by applicable New Zealand law.

SECTION 9 – USER COMMENTS, FEEDBACK & SUBMISSIONS

1. Definitions

   • “Submissions” means any feedback, creative ideas, suggestions, proposals, plans, contest entries, or other materials you send us, whether solicited or unsolicited, by any means.

2. Usage Rights

   • By providing Submissions, you grant us a perpetual, worldwide, royalty‑free, irrevocable, transferable licence to use, reproduce, modify, publish, distribute, translate, and display your Submissions in any media.

3. No Obligation

   • We have no obligation to:
     a. Maintain your Submissions in confidence;
     b. Pay you for use of any Submission; or
     c. Respond to your Submission.

4. Content Standards & Removal

   • You agree that your Submissions will not:
     • Infringe any third‑party intellectual property or privacy rights;
     • Contain defamatory, libelous, abusive, obscene, or unlawful material;
     • Include malware, viruses, or any harmful code; or
     • Misrepresent your identity or use a false email address.

   • We may, at our discretion, monitor, edit, or remove any Submission that we deem unlawful or objectionable.

5. Your Warranties & Responsibility

   • You warrant that you own or control all rights in your Submissions and have authority to grant the licence above, including waiving any moral‑rights claims.

   • You are solely responsible for the accuracy and legality of your Submissions.

6. Your Legal Rights

   • Nothing in this section affects your rights under the New Zealand Privacy Act, Copyright Act, or any other applicable laws.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES & OMISSIONS

1. Scope of Errors

   • From time to time, our site or Service may contain typographical errors, inaccuracies, or omissions affecting product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability.

2. Right to Correct

   • We reserve the right to correct any such errors, update information, or cancel orders - even after you’ve placed an order - if we determine that the information was inaccurate.

3. Notification

   • If we cancel your order due to an error, we will attempt to notify you using the contact details you provided when placing the order.

4. No Obligation to Update

   • Except as required by law, we are under no obligation to update or amend any information on the site or related platforms, regardless of any “last updated” date displayed.

5. Your Rights

   • Nothing in this section limits your rights under the New Zealand Consumer Guarantees Act or any other applicable laws.

SECTION 12 – PROHIBITED USES

You may not use the Site or Service to:

1. Break the Law

   • Engage in any unlawful activity, solicit others to commit unlawful acts, or violate any applicable laws or regulations.

2. Infringe Rights

   • Infringe or violate our intellectual property or the rights of others (copyright, trademark, privacy, etc.).

3. Harass or Discriminate

   • Harass, abuse, defame, threaten, or discriminate against any individual or group based on personal characteristics.

4. Transmit Harmful Code

   • Upload or transmit viruses, malware, or any harmful code that could disrupt or damage the Site, Service, or other users’ systems.

5. Harvest Data

   • Collect, track, or store personal information about other users without their consent; scrape, spider, crawl, or harvest data from the Site.

6. Spam & Phishing

   • Send unsolicited or deceptive communications (spam, phishing, pharming, pretexting), or use the Site for any immoral or obscene purpose.

7. Circumvent Security

   • Interfere with or bypass any security or authentication measures implemented on the Site or Service.

Enforcement.
We reserve the right to suspend or terminate your access to the Site and Service immediately if we determine, in our sole discretion, that you have violated any of these prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

1. “As Is” Service

   • You expressly agree that your use of, or inability to use, the Service is at your sole risk.

   • The Service and all products delivered through it are provided “as is” and “as available,” without any warranties- express or implied - including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, security, or non‑infringement.

2. No Uptime Guarantee

   • We do not warrant that the Service will be uninterrupted, timely, secure, or error‑free, nor that results obtained will be accurate or reliable.

   • We may suspend or discontinue the Service at any time without notice.

3. Limitation of Liability

   • To the fullest extent permitted by law, neither we nor our officers, employees, agents, suppliers, or licensors will be liable for any direct, indirect, incidental, special, consequential, or punitive damages (including lost profits, lost data, or replacement costs) arising out of or in connection with your use of the Service or products - even if we have been advised of the possibility of such damages.

4. Statutory Rights Unaffected

   • Nothing in this section affects your rights under the New Zealand Consumer Guarantees Act, Fair Trading Act, or any other applicable laws.

SECTION 14 – INDEMNIFICATION

1. Your Indemnity Obligations
   You agree to indemnify, defend, and hold harmless Sina Sibler (including its parent company, subsidiaries, affiliates, officers, directors, agents, contractors, licensors, service providers, suppliers, and employees) from and against any and all losses, liabilities, claims, demands, damages, costs, and expenses (including reasonable legal fees) arising out of or relating to:
   a. Your breach of these Terms or any incorporated policy;
   b. Your violation of any applicable law or third‑party rights; or
   c. Your use of the Service or any products obtained through it.

2. Indemnification Procedure

   • We will:

     1. Promptly notify you of any claim for which we seek indemnity;

     2. Give you sole control of the defense and settlement of the claim (provided any settlement admits no fault on our part or imposes no obligations on us); and

     3. Cooperate with you, at your expense, in the defense and settlement.

3. Limitations

   • This indemnity does not apply to the extent a claim arises from our own gross negligence or willful misconduct.

   • Indemnification obligations under this section are subject to limitations under New Zealand law.

SECTION 15 – SEVERABILITY

If any provision of these Terms is held to be unlawful, void, or unenforceable under any applicable law, that provision will be deemed severed from the remainder of these Terms and enforced to the fullest extent permitted by law. The remaining provisions will continue in full force and effect.

SECTION 16 – TERMINATION

1. Effective Period

   • These Terms remain in effect until terminated by you or us.

2. User Termination

   • You may terminate these Terms at any time by notifying us (e.g. via email) that you no longer wish to use the Service or by ceasing to use the Site.

3. Company Termination

   • We may terminate or suspend your access immediately, without notice, if we believe you have breached these Terms.

4. Survival of Obligations

   • All obligations and liabilities incurred before termination will survive and remain enforceable after termination.

   • Any sections whose nature implies survival (e.g., Governing Law, Indemnification, Limitation of Liability) will continue in effect.

5. Outstanding Payments

   • You remain responsible for all fees and charges accrued up to the date of termination.

SECTION 17 – ENTIRE AGREEMENT & NON‑WAIVER

1. Entire Agreement

   • These Terms of Service, together with any policies or operating rules we post on the Site or apply to the Service, constitute the entire agreement between you and us regarding your use of the Site and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written.

2. Non‑Waiver

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

3. Ambiguities

   • Any ambiguity in these Terms will not be interpreted against the party that drafted them.

4. Your Statutory Rights

   • Nothing in this section limits your rights under the New Zealand Consumer Guarantees Act, Fair Trading Act, or any other applicable laws.

SECTION 18 – GOVERNING LAW & JURISDICTION

These Terms of Service - and any separate agreements whereby we provide you Services - are governed by and construed in accordance with the laws of New Zealand. You agree to submit to the non‑exclusive jurisdiction of the courts of New Zealand for any disputes arising out of or relating to these Terms or our Services.

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 update, change or replace any part of these Terms of Service by posting updates or changes to 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 following the posting of any changes constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at sinasiblerart@gmail.com.

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