Terms of service
# Terms of Service
## OVERVIEW
This website is operated by Desiderium. Throughout the site, the terms “we”, “us” and “our” refer to Desiderium. We offer this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service.
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## SECTION 1 - ONLINE STORE TERMS
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. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction. A breach or violation of any of the Terms will result in an 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 understand that your content (not including credit card information), may be transferred unencrypted and involve transmissions over various networks. Credit card information is always encrypted during transfer over networks.
## SECTION 3 - ACCURACY OF PRODUCT REPRESENTATIONS & MOCKUPS
Our products are custom-made to order via third-party print-on-demand fulfillment partners. Because of this workflow, you acknowledge and agree to the following product limitations:
* **Digital Mockups:** Product images displayed displayed on the website are digital representations (mockups) for illustration purposes. While we strive to display product colors and designs as accurately as possible, your physical printed item may vary slightly in design alignment or color vibrancy due to varying monitor displays and garment fabrics.
* **Sizing Variations:** Industry-standard manufacturing variations allow for a size tolerance of up to 1 inch (2.54 cm) in width or length compared to our listed size charts. Please review the sizing charts carefully before buying, as custom-made items cannot be exchanged for incorrect sizing choices.
## 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.
## SECTION 5 - PRODUCTS OR SERVICES (Fulfillment & Shipping)
Certain products or services may be available exclusively online through the website. These products are manufactured on-demand by external third-party print facilities and shipped directly from them to you.
* **Production Windows:** Order processing, printing, and manufacturing require an independent production period (typically 2 to 7 business days) prior to transit shipment.
* **Split Shipments:** Orders containing multiple product varieties may be assigned to separate print facilities and arrive at different times in separate packages.
* We reserve the right to limit the sales of our products or Services to any person, geographic region, or jurisdiction.
## SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. We are not responsible for delivery failures, lost packages, or delays resulting from incorrect, incomplete, or invalid shipping addresses provided by the buyer at checkout.
## SECTION 7 - THIRD-PARTY LINKS & TOOLS
We utilize third-party tools, applications, and integrations (such as Shopify and Printify) to process, manufacture, and host our operations. 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.
## SECTION 8 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If you send certain specific submissions (for example contest entries) or creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
## SECTION 9 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
## SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate 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).
## SECTION 11 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (e) to submit false or misleading information; or (f) to upload or transmit viruses or any other type of malicious code.
## SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. In no case shall Desiderium, 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 any of the service or any products procured using the service.
## SECTION 13 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Desiderium and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless 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 14 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
## SECTION 15 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
## SECTION 16 - ENTIRE AGREEMENT
The failure of us 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 us on this site constitutes the entire agreement and understanding between you and us.
## SECTION 17 - 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 State of Texas.
## SECTION 18 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at 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 and changes to our website. It is your responsibility to check our website periodically for changes.
## SECTION 19 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at customersupport@desideriummmxxvi.com.