STORE TERMS OF USE
Welcome to the Deviant Art Pop-up Store (the “Store”), a store owned and operated by DeviantArt Inc., a subsidiary of Wix.com Ltd. (Collectively “We,” “Us,” or “Our”). Please read the following terms of use (“Terms”) as they govern your access, use and purchase from our Store. By accessing the Store, you agree to follow and be bound by these Terms as well as any other terms, guidelines or rules that apply to any portion of the Store, without limitation or qualification. If you do not agree to these Terms, please do not access, use or purchase from the Store in any way.
Additionally, We reserve the right to modify these Terms at any time without prior notification. Please review this page periodically for changes. Any access of our Store at any time constitutes full acceptance of our service Terms.
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Placing an order
a. In order to access, use or purchase a product from our Store, you must be of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to access, use or purchase a product from the Store if doing so is prohibited in your country or under any law or regulation applicable to you.
b. When placing an order, you agree and acknowledge that: (i) you are responsible for reading the full item listing before making a commitment to buy it, and (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
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c. All orders are subject to acceptance and availability. When placing an order you undertake that all details you provide to Us are true and accurate, and that you are an authorized user of the credit or debit card used to place your order. Once you have placed an order with Us, you will receive an order confirmation email acknowledging receipt of your order. This email is not an acceptance of your order, just a confirmation that We have received it and are processing it.
d. We reserve the right not to accept your order in the event that the items ordered are out of stock, do not satisfy our quality control standards and are withdrawn by Us, or any other reason as determined in Our sole discretion. This might mean that in a multi item order all parts may not be available, or that an order is delivered in parts.
e. Products made available through the Store are intended for noncommercial use, and purchase of any products for resale purposes is strictly prohibited.​
f. You acknowledge and agree that we may conduct a pre-payment screening on you and the information you have provided. These checks are designed to prevent Us from conducting business with a sanctioned individual, entity or country in violation of any applicable laws and regulatory requirements in the territories we operate.
g. By placing an order, you allow Us to process payments, refunds and adjustments for your transactions, remit funds to your bank account where applicable, charge your credit card or debit the account linked to your debit card, as applicable, and pay Us or Our affiliates any amounts you owe in accordance with these Terms.
2. Shipping and Delivery
a. After you place your order, processing time may take up to 4 business days. ​
b. We ship worldwide.
c. Estimated delivery may take up to 14 business days from dispatch worldwide, excluding Norway, Iceland, Switzerland, Liechtenstein - which will take up to 21 days.
d. Shipping transit times vary, and We assume no responsibility for delays caused by shipping carriers, weather or any other event out of our control. Your order may arrive late due to unforeseen delays in delivery service, the breakdown of equipment, backorders etc.
e. Products are shipped to you based on the information you provide Us and you are responsible for the accuracy of such information. If any regulations are breached (including but not exclusively export/import regulations) due to inaccurate information provided by you then you are responsible for such breach.
f. You acknowledge and agree that a carrier may contact you to arrange deliveries, confirm delivery details and rearrange deliveries (where applicable).
3. Returns and Refund
a. All orders are final. We cannot cancel orders once they have started production. Please get in touch with us here ASAP to see if it is possible to cancel the order.
b. We do not accept returns. Please check in with the size guide available in the product description to make sure you order a correct size.
c. If you received product is damaged or there is another problem with your order, please contact us with a short description of the error, pictures, and order number within 4 weeks after receiving the order. Please note that there’s no need to return damaged products - simply send us a few photos.
4. Shipping
a. International Shipping: Shipments outside of the USA may incur customs fees depending on the destination country. The fee may vary depending on your order value, country limits, and other factors based on the product itself. You are solely responsible for these fees. We highly recommend including your phone number in the order when ordering internationally - this will minimize the risk of order being lost in transit and make delivery of the order smoother.
b. If it is past the estimated delivery date and you haven’t received your order yet, please check in with your local post office - in most cases, it is the best way to locate the shipment. If you are not able to locate your shipment this way, please send us an email with your order number and a correct delivery address - we’ll help. Make sure you report the problem within 4 weeks after estimated delivery time - If reported outside of the time frame, unfortunately, we will not be able to help with locating the order. Get in touch with us - here.
c. In the rare cases that a shipment is marked as delivered by the courier, but you have yet to receive it - we will not cover the cost of the order. This only applies if the tracking details state that a delivery was made to the recipients address.
5. Product disclaimers
a. Sometimes, there might be a vinegary smell on the garments you receive. Luckily, the odor you smell is just a temporary addition. Now that your product is out of the confined space of the shipping bag, the printing smell will dissipate after a few days and a wash cycle.
b. You may notice some discoloration or off white residue on your apparel. Do not worry! These are not stains and will wash off after the first wash cycle. Our apparel is created with the latest in garment printing technology. In addition, inks used are water based and eco-friendly.
c. If you receive a product with a stain - please wash it before reporting a problem.
6. Right to change offering
The product prices are listed under each applicable product in the Store. We reserve the right to change Our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. We further reserve the right to stop offering the products, or create limits for the purchase at any time for any reason and without notice.
7. Privacy
Please refer to Our Privacy Policy to learn how we handle your information.
8. Trademarks
All trademarks, service marks, and trade names (collectively the "Marks" that appear on Our Store are Our proprietary Marks. You may not display or reproduce the Marks in any manner without Our prior written consent, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Store.
9. Limited License and Site Access
We grant you a limited license to access and use the Store for personal use only. Consequently, this grant does not allow you to do any of the following: (a) resell or make any commercial use of the Store or any of the contents or products of the Store; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this Store not intended to be so read. This includes using or directly viewing the underlying HTML or other code from this Store except as interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Store (including any Marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Store or to collect any information from the Site or any other user of the Store.
10. Limitation of Liability
The Store and all products are provided on an “As Is” and “As Available” basis. To the extent permitted by law, all guarantees, warranties or representations which are not specifically stated in Terms are excluded. If We are held liable for breach of an obligatory guarantee or implied warranty or representation, Our obligation is, at our sole discretion, is limited to (i) the replacement of the products, (ii) the supply of equivalent products, or (iii) a refund of the applicable purchase amount. We will not be responsible for any damages of any kind resulting from the access, use or purchase of products from the Store, including but not limited to direct, indirect, incidental, punitive, and consequential damages.
11. Indemnification
To the fullest extent permitted by law, You agree to indemnify and hold Us, Our, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your access, use or purchase of products from our Store.
12. Events Outside of Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under an order you have placed that is caused by events outside our control (a "Force Majeure Event"). A Force Majeure Event shall include any act, event, non- happening, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following: (i) strikes, lock-outs or other industrial action, (ii) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, (iii) fire, explosion, storm, flood, earthquake, subsidence, other natural disaster or extreme weather, (iv) the acts, decrees, legislation, regulations or restrictions of any government, or (v) pandemic or epidemic. Our performance under any order you have placed is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.
13. Governing Law and Jurisdiction
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the laws of New York, New York, USA, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in New York, New York, USA. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
14. Waiver
Our failure to enforce any of its rights or remedies under these Terms will not act as a waiver of such rights and remedies. A waiver by Us of any default shall not constitute a waiver of any subsequent default. No waiver by Us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
15. Severability
If any of these Terms or any provisions of an order are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16. Entire Agreement
These Terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of these Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and us acknowledge that, in entering into these Terms, neither you nor us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between you and us prior to such Terms, except as expressly stated in these Terms.
17. Contact Us
If you have questions or concerns, please contact our customer service here or by mail using the details provided below:
DeviantArt, Inc.
7111 Santa Monica Blvd, Ste B, PO Box 230
West Hollywood, CA 90046