Terms of service
**OVERVIEW**
Welcome to Palm Noir! The terms "we", "us" and "our" refer to Palm Noir. Palm Noir 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"). Palm Noir is powered by Shopify, which enables us to provide the Services to you.
The below 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 at https://palmnoirstudio.com/policies/privacy-policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our 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, province or country of residence, or that you have the legal capacity required to enter into these Terms.
To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information.
You represent and warrant that all the information you provide is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. 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 an accurate representation of our products and services in our online store. However, colors or product appearance may differ from how they appear on your screen due to your device, display settings, lighting, printing processes, materials and production methods.
Palm Noir products are personalized and created using photographs, images and preferences submitted by the customer. Customers are given the opportunity to preview and select their preferred artwork before adding the personalized product to their cart.
Minor differences may occur between a digital preview and the final physical product due to printing processes, materials, cropping, scaling, color reproduction, screen settings and normal production tolerances.
We do not warrant that the appearance or quality of any product will be identical in every respect to the digital preview displayed on your device.
All descriptions of products 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 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.
Palm Noir reserves the right to accept or decline an order where reasonably necessary, including in cases of suspected fraud, payment issues, technical errors, prohibited content or inability to fulfil the order.
Your order is not accepted until Palm Noir confirms acceptance and payment has been successfully processed.
Please review your artwork, selected product format, shipping information and order details carefully before submitting your order.
Because Palm Noir products are personalized and made to order, cancellation or modification may no longer be possible once production has begun.
If we do not accept an order, make a material change to an order, or cancel an order, we will attempt to notify you using the email address, billing information and/or phone number provided at checkout.
Your purchases are subject to our Refund Policy available at:
https://palmnoirstudio.com/policies/refund-policy
You represent and warrant that your purchases are for lawful purposes and are not intended for unauthorized commercial resale or export.
**SECTION 4 - PRICES AND BILLING**
Prices, discounts and promotions are subject to change without notice.
The price charged for a product or service will be the price displayed at the time the order is placed and will be confirmed in your order confirmation.
Unless otherwise expressly stated, displayed prices may not include shipping, handling, customs, duties, import charges or taxes that may apply depending on your location.
Prices displayed in our online store may differ from prices offered through other channels or third-party platforms.
We may offer promotions from time to time. Where separate promotional terms apply, those terms will govern the relevant promotion.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases.
You represent and warrant that:
(i) the payment information you provide is true and accurate;
(ii) you are authorized to use the selected payment method;
(iii) charges incurred will be honored by your payment provider; and
(iv) you will pay all amounts due in connection with your order, including applicable shipping charges and taxes.
**SECTION 5 - SHIPPING AND DELIVERY**
Delivery dates and transit times displayed on our website are estimates only unless expressly stated otherwise.
Delivery times may be affected by production time, carrier delays, customs processing, weather events, holidays, incorrect delivery information or circumstances outside our reasonable control.
We are not responsible for delays caused solely by shipping carriers, customs authorities or events outside our reasonable control.
If your order appears to be lost, arrives damaged, or you experience another delivery issue, please contact us so that we can investigate and provide an appropriate resolution in accordance with our Refund Policy.
Risk of loss will pass in accordance with applicable law.
**SECTION 6 - INTELLECTUAL PROPERTY**
Our Services, including but not limited to our trademarks, brand identity, text, displays, images, graphics, product imagery, videos, audio, website design, product descriptions and the selection and arrangement thereof, are owned by Palm Noir, its affiliates, licensors or relevant third parties and are protected by applicable intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only.
You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit material belonging to Palm Noir without our prior written consent, except where permitted by applicable law.
Nothing in these Terms grants you a license or other rights under any patent, trademark, copyright or other intellectual property right belonging to Palm Noir, Shopify or any third party.
Palm Noir's name, branding, designs, logos, product names and slogans may not be used without our prior written permission.
Shopify's name, logo, product names, designs and slogans are trademarks of Shopify or its affiliates.
All other trademarks belong to their respective owners.
**SECTION 7 - CUSTOMER CONTENT AND PERSONALIZED ARTWORK**
Palm Noir allows customers to upload photographs, images and other content for the purpose of creating personalized artwork.
By uploading content to our Services, you represent and warrant that:
(i) you own the content or have all necessary rights and permissions to use it;
(ii) you have permission from any identifiable individuals appearing in the content where required;
(iii) your use of the content does not infringe any copyright, trademark, privacy, publicity, personality or other rights belonging to another person or entity; and
(iv) the content is lawful and does not violate these Terms.
You grant Palm Noir a limited, non-exclusive license to use, process, reproduce, modify, transmit and store submitted content solely as reasonably necessary to:
- generate your personalized artwork;
- provide previews;
- process your order;
- produce and fulfil your physical product;
- provide customer support; and
- resolve production or order-related issues.
This license does not give Palm Noir ownership of your original photographs or uploaded content.
You must not upload unlawful, abusive, defamatory, hateful, sexually exploitative, fraudulent, infringing or otherwise prohibited material.
Palm Noir reserves the right to reject or cancel an order where submitted content reasonably appears to violate these Terms, applicable law or the rights of another person.
**SECTION 8 - AI-GENERATED AND AI-ASSISTED ARTWORK**
Some Palm Noir Services use artificial intelligence and automated image-processing technologies to transform customer-submitted images into personalized artwork.
AI-generated outputs may contain variations, imperfections or unexpected visual elements.
Customers are provided with a preview of generated artwork and select their preferred design before completing their purchase.
While we use reasonable efforts to provide high-quality results, Palm Noir does not guarantee that AI-generated artwork will reproduce every detail of the uploaded image perfectly.
The customer remains responsible for ensuring that the artwork selected before purchase is acceptable to them.
Palm Noir may use third-party technology providers to process images and generate personalized artwork in accordance with our Privacy Policy.
**SECTION 9 - OPTIONAL TOOLS**
You may be provided with access to tools or functionality offered by third parties as part of the Services, which we may not monitor or control.
You acknowledge and agree that access to such tools may be provided "as is" and "as available" without warranties, representations or conditions of any kind.
Any use of optional third-party tools is at your own risk and discretion, subject to the applicable third party's terms and privacy practices.
We may introduce new tools, technologies, features and resources in the future. Such features will also form part of the Services and will be subject to these Terms.
**SECTION 10 - THIRD-PARTY LINKS**
The Services may contain materials and hyperlinks to websites provided or operated by third parties.
We are not responsible for examining or evaluating the content, accuracy, security or practices of third-party websites.
If you leave the Services to access a third-party website, you do so at your own discretion.
We are not liable for harm or damages arising directly from third-party products, services, resources or websites to the extent permitted by applicable law.
Please review the relevant third party's policies and terms before engaging in any transaction.
**SECTION 11 - RELATIONSHIP WITH SHOPIFY**
Palm Noir is powered by Shopify, which provides technology enabling us to operate our online store.
However, purchases made from Palm Noir are transactions directly between you and Palm Noir.
Shopify is not the seller of Palm Noir products and does not manufacture or fulfil Palm Noir orders.
Nothing in these Terms limits any liability that cannot legally be excluded under applicable law.
**SECTION 12 - PRIVACY POLICY**
Personal information collected through the Services is subject to our Privacy Policy:
https://palmnoirstudio.com/policies/privacy-policy
Certain personal information may also be processed by Shopify in accordance with Shopify's privacy practices.
Because our Services are hosted by Shopify and use third-party providers, information submitted through the Services may be transmitted to and processed by Shopify and other service providers, potentially in countries other than your country of residence.
Please review our Privacy Policy for further information regarding how personal information and customer-uploaded images are processed.
**SECTION 13 - FEEDBACK**
If you voluntarily submit reviews, comments, ideas, suggestions, feedback or other content regarding Palm Noir or our Services ("Feedback"), you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, publish, distribute and display that Feedback for purposes connected with operating, improving and promoting our Services.
You represent and warrant that you have the necessary rights to provide the Feedback and that it does not violate applicable law or another person's rights.
You must not submit Feedback that is unlawful, defamatory, abusive, obscene, fraudulent, infringing or contains malicious software.
You are responsible for Feedback you submit and its accuracy.
Nothing in this section gives Palm Noir any broader right to commercially exploit photographs uploaded solely for the creation of a personalized order.
**SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS**
Occasionally information available through the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times or availability.
We reserve the right to correct errors, inaccuracies or omissions and to update information where reasonably necessary.
If an error materially affects an order that has already been submitted, we will take reasonable steps to contact you and provide an appropriate resolution.
**SECTION 15 - PROHIBITED USES**
You may access and use the Services only for lawful purposes.
You may not use the Services:
(a) for any unlawful or malicious purpose;
(b) to violate applicable international, national, federal, provincial, state or local laws;
(c) to infringe or violate intellectual property, privacy, publicity or other rights;
(d) to harass, abuse, threaten, defame or harm another person;
(e) to transmit false, deceptive or fraudulent information;
(f) to upload material that violates these Terms;
(g) to distribute spam, malware or malicious code;
(h) to impersonate another person or entity;
(i) to interfere with the security or operation of the Services;
(j) to scrape, extract or copy substantial portions of the Services without authorization; or
(k) to attempt to bypass technical, security or access-control measures.
We reserve the right to restrict or terminate access to the Services where we reasonably determine that these Terms have been violated.
**SECTION 16 - AUTOMATED SYSTEMS AND AGENTS**
Automated systems, software agents, bots or similar technologies may not access or interact with the Services in a manner that violates these Terms, circumvents security measures, causes excessive load or interferes with normal operation of the Services.
We may implement reasonable technical measures to limit or prevent automated access where necessary to protect the Services, customers or our infrastructure.
**SECTION 17 - TERMINATION**
We may suspend or terminate access to the Services where reasonably necessary, including in cases involving fraud, unlawful activity, security threats or violations of these Terms.
Termination does not affect rights or obligations that arose prior to termination.
Sections that by their nature should survive termination will continue to apply, including provisions relating to intellectual property, customer content, liability, indemnification and governing law.
**SECTION 18 - DISCLAIMER OF WARRANTIES**
To the fullest extent permitted by applicable law, the Services are provided on an "as is" and "as available" basis.
We do not guarantee that the Services will always be uninterrupted, secure, error-free or available.
Nothing in these Terms excludes or limits any statutory warranty, consumer right or guarantee that cannot legally be excluded.
**SECTION 19 - LIMITATION OF LIABILITY**
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PALM NOIR AND ITS AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS.
THIS MAY INCLUDE LOST PROFITS, LOST REVENUE, LOSS OF DATA OR OTHER INDIRECT LOSSES.
NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY WHERE SUCH EXCLUSION OR LIMITATION IS PROHIBITED BY APPLICABLE LAW, INCLUDING MANDATORY CONSUMER PROTECTION RIGHTS.
**SECTION 20 - INDEMNIFICATION**
To the extent permitted by applicable law, you agree to indemnify and hold harmless Palm Noir, Shopify and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from third-party claims, losses, damages or liabilities resulting from:
(1) your material breach of these Terms;
(2) your unlawful use of the Services;
(3) content you upload without having the necessary rights or permissions; or
(4) your violation of another person's rights.
This obligation applies only to the extent permitted by applicable law.
**SECTION 21 - SEVERABILITY**
If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be enforced to the fullest extent permitted by law or severed where necessary.
The remaining provisions will remain valid and enforceable.
**SECTION 22 - 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 the policies and rules referenced herein, constitute the agreement between you and Palm Noir regarding your use of the Services.
Nothing in these Terms limits mandatory rights granted to consumers under applicable law.
**SECTION 23 - ASSIGNMENT**
You may not transfer or assign your rights or obligations under these Terms without our prior written consent where such consent is legally required.
Palm Noir may transfer or assign its rights and obligations in connection with a restructuring, sale, transfer of business or similar transaction, subject to applicable law.
**SECTION 24 - GOVERNING LAW**
These Terms of Service and any separate agreements through which we provide Services shall be governed by and construed in accordance with the laws of France.
If you are a consumer residing in another jurisdiction, nothing in this section deprives you of any mandatory consumer protection rights available to you under the laws applicable in your country of residence.
**SECTION 25 - HEADINGS**
The headings used in these Terms are included for convenience only and will not limit or otherwise affect their interpretation.
**SECTION 26 - CHANGES TO 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 to update, change or replace portions of these Terms by publishing an updated version on our website.
Where required by applicable law, we will provide notice of material changes.
Your continued use of the Services following the effective date of updated Terms constitutes acceptance of those Terms where permitted by applicable law.
**SECTION 27 - CONTACT INFORMATION**
Questions about these Terms of Service should be sent to:
contact@palmnoirstudio.com
Palm Noir
Metz, France
contact@palmnoirstudio.com