Terms of service
Terms of Service – DINKY ART
Overview
Welcome to DINKY ART. The terms “we”, “us”, and “our” refer to DINKY ART. DINKY ART operates this store and website, including all related information, content, features, tools, products, and services provided to you as a customer (collectively, the “Services”). DINKY ART is powered by Shopify, which enables us to provide the Services to you.
These Terms and Conditions, together with any policies referenced herein (the “Terms of Service” or “Terms”), describe your rights and responsibilities when you access or use our Services.
Please read these Terms of Service carefully. They include important information about your legal rights and cover topics 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 [link]. If you do not agree to these Terms or the Privacy Policy, you should not access or use our Services.
Section 1 – Access and Account
By agreeing to these Terms, you confirm that you are at least the age of majority in your state or province of residence, and you consent to allow any minors under your supervision to use the Services on devices you own, purchase, or manage.
To use the Services—including browsing our online store or purchasing any products or services—we may request certain information from you, such as your email address, billing information, payment details, and shipping information. You represent and warrant that all information you provide is accurate, current, complete, and that you have the full right and authority to provide it.
You are solely responsible for maintaining the confidentiality and security of your account credentials and for all activities that occur under your account. You may not transfer, sell, assign, or otherwise permit any other person to use your account.
Section 2 – Our Products
We make every effort to display our products and services as accurately as possible. However, colors and product appearance may vary depending on the device you use and your device settings and configuration.
We do not guarantee that the appearance or quality of any product or service you purchase will meet your expectations or will be exactly the same as 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 any product at any time and to limit the quantities of any products we offer on a case-by-case basis, including limits by person, geographic region, or jurisdiction.
Section 3 – Orders
When you place an order, you are making an offer to purchase. DINKY ART reserves the right to accept or reject any order for any reason at our sole discretion. Your order is not accepted until DINKY ART confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting it, as we may not be able to accommodate cancellation requests after an order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you via the email, billing address, and/or phone number provided at checkout.
Returns or exchanges are only permitted in accordance with our Return Policy [link].
You represent and warrant that purchases are for personal or household use only and are not intended for resale or commercial export.
Section 4 – Pricing and Billing
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be shown in your order confirmation email unless otherwise stated. Displayed prices exclude taxes, shipping, handling, customs duties, or import fees.
Prices shown in our online store may differ from prices offered in physical stores or other online channels operated by third parties. We may offer promotions from time to time that may be governed by separate terms and conditions. If there is any conflict between promotional terms and these Terms, the promotional terms will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store, and to promptly update your email address, credit card number, and expiration date so that we can complete your transactions and contact you when necessary.
You represent and warrant that:
(i) the credit card information you provide is true, correct, and complete;
(ii) you are authorized to use the credit card for the purchase;
(iii) your card issuer will honor the charges; and
(iv) you will pay all charges incurred, including shipping, handling, and any applicable taxes (if any).
Section 5 – Shipping and Delivery
We are not responsible for shipping or delivery delays. All delivery timeframes are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs clearance, or events beyond our control. Title and risk of loss pass to you once we hand the product over to the carrier.
Section 6 – Intellectual Property
All content and materials available through the Services—including but not limited to trademarks, branding, text, displays, images, graphics, product reviews, video and audio content, and the design, selection, and arrangement of all content—are owned by DINKY ART, its affiliates, licensors, or service providers and are protected by applicable intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any content from the Services without our prior written permission, except as expressly permitted herein.
Nothing in these Terms grants you any license or rights under any patents, trademarks, copyrights, or other intellectual property of DINKY ART, Shopify, or any third party. Unauthorized use may violate applicable intellectual property laws. DINKY ART reserves all rights not expressly granted.
The name, logo, product/service names, designs, and slogans of DINKY ART are trademarks of DINKY ART or its affiliates/licensors. You must not use them without prior written permission. Shopify’s name and related marks are trademarks of Shopify. All other trademarks are the property of their respective owners.
Section 7 – Optional Tools
You may be provided access to third-party tools as part of the Services, which we do not monitor, control, or manage. You acknowledge and agree that such tools are provided “as is” and “as available” without warranties, representations, or conditions of any kind, and without any endorsement. We are not liable for any issues arising from your use of third-party tools.
Your use of optional tools is at your own risk and discretion, and you should review the terms provided by the relevant third-party provider.
We may introduce new features through the Services in the future, including new tools and resources, which will also be subject to these Terms.
Section 8 – Third-Party Links
The Services may contain content and links to third-party websites or services. We are not responsible for examining or evaluating the accuracy of third-party content or websites. If you choose to access third-party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access to third-party websites or your purchase/use of any products, services, resources, or content on third-party websites. Please review third-party policies carefully. Any complaints or concerns regarding third-party products or services should be directed to the third party.
Section 9 – Relationship with Shopify
[Seller note: This section accurately describes the relationship between Shopify and your store and should not be removed or modified.]
DINKY ART is powered by Shopify, which allows us to provide the Services to you. However, any purchases and sales made through our store are transactions directly between you and DINKY ART.
By using the Services, you acknowledge and agree that Shopify is not responsible for any issues related to transactions between you and DINKY ART, including any injury, damage, or loss resulting from products or services purchased. You release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your transactions with DINKY ART.
Section 10 – Privacy Policy
All personal information collected through the Services is subject to our Privacy Policy [link]. Certain personal data may also be subject to Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are provided by Shopify, Shopify may collect and process personal information relating to your access and use of the Services to provide and improve the Services. Information you submit may be transmitted to Shopify and to third-party service providers (which may be located in countries outside your residence) to provide the Services. Please refer to our Privacy Policy [link] for details.
Section 11 – User Comments, Feedback, and Submissions
If you submit ideas, suggestions, feedback, reviews, proposals, plans, or other content (“Comments”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Comments in any media for any purpose, including commercial purposes.
You represent and warrant that:
(i) you own or have the necessary rights to your Comments;
(ii) you have disclosed any compensation or incentives received related to your Comments; and
(iii) your Comments will comply with these Terms.
We have no obligation to (1) keep Comments confidential, (2) pay compensation, or (3) respond. We may, but are not obligated to, monitor, edit, or remove any Comments that we deem unlawful, offensive, threatening, defamatory, obscene, otherwise inappropriate, or in violation of any rights or these Terms.
You agree your Comments will not violate third-party rights or contain unlawful, abusive, or obscene content, or viruses/malware. You may not use a false email address, impersonate others, or mislead us or third parties about the origin of Comments. You are solely responsible for your Comments and their accuracy. We assume no liability for Comments posted by you or any third party.
Section 12 – Errors, Inaccuracies, and Omissions
Occasionally, information in the Services may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you submit your order.
Section 13 – Prohibited Uses
You may use the Services only for lawful purposes. You must not use the Services, directly or indirectly:
(a) for unlawful or malicious purposes;
(b) to violate any laws or regulations;
(c) to infringe our intellectual property rights or the rights of others;
(d) to harass, abuse, insult, harm, defame, slander, intimidate, or harm others;
(e) to submit false or misleading information;
(f) to upload or transmit content that violates these Terms;
(g) to send advertising or promotional materials (including spam);
(h) to impersonate others; or
(i) to interfere with others’ use of the Services or to cause harm to DINKY ART, Shopify, or other users.
You also agree not to:
(a) upload viruses or malicious code;
(b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services;
(c) collect or track others’ personal information;
(d) engage in spam/phishing/farming/scraping; or
(e) interfere with security features.
We reserve the right to suspend or terminate your access at any time without notice if we believe you have violated these Terms.
Section 14 – Termination
We may terminate this agreement or your access to the Services (or any part thereof) at any time, at our sole discretion, without notice. You remain liable for all amounts due up to and including the date of termination.
The following sections survive termination: Intellectual Property, Comments, Termination, Warranty Disclaimer, Limitation of Liability, Indemnification, Severability, Waiver/Entire Agreement, Assignment, Governing Law, Privacy Policy, and any provisions that by their nature should survive.
Section 15 – Disclaimer of Warranties
Information provided through the Services is for general information only. We do not guarantee its accuracy, completeness, or usefulness. Any reliance on such information is at your own risk.
Unless expressly stated by DINKY ART, the Services and all products offered through the Services are provided “as is” and “as available”, without warranties or conditions of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
We do not warrant that your use of the Services will be uninterrupted, timely, secure, or error-free. Some jurisdictions do not allow limitations on implied warranties, so the above may not apply to you.
Section 16 – Limitation of Liability
To the maximum extent permitted by law, in no event shall DINKY ART, its partners, directors, officers, employees, agents, contractors, service providers, licensors, or Shopify and its affiliates be liable for any injury, loss, claim, or damages of any kind, including direct, indirect, incidental, punitive, special, or consequential damages, including lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, arising from your use of the Services or any products obtained through the Services, even if advised of the possibility of such damages.
Section 17 – Indemnification
You agree to indemnify, defend, and hold harmless DINKY ART, Shopify, and their affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from:
(1) your breach of these Terms;
(2) your violation of any law or third-party rights; or
(3) your access to or use of the Services.
We will notify you of any indemnifiable claim. Failure to notify promptly does not relieve you of obligations unless materially prejudiced. We may control the defense and settlement at your expense, including selecting counsel, but will not settle any claim requiring non-monetary obligations without your consent (not unreasonably withheld). You will cooperate in the defense as requested.
Section 18 – Severability
If any provision is found unlawful, void, or unenforceable, that provision will be enforceable to the fullest extent permitted by law, and the unenforceable portion will be deemed severed. The remaining provisions remain valid and enforceable.
Section 19 – Waiver and Entire Agreement
Our failure to exercise or enforce any right or provision is not a waiver of that right or provision. These Terms and any policies posted on this site constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements or communications.
Any ambiguities shall not be construed against the drafting party.
Section 20 – Assignment
You may not assign or transfer these Terms or any rights/obligations without our prior written consent. Any attempted assignment is void. We may assign or transfer these Terms and our rights/obligations without your consent or notice.
Section 21 – Governing Law
These Terms and any separate agreements are governed by and construed in accordance with the laws and courts of the jurisdiction where DINKY ART’s headquarters are located. You and DINKY ART consent to venue and personal jurisdiction in such courts.
Section 22 – Headings
Headings are for convenience only and do not limit or affect these Terms.
Section 23 – Changes to Terms of Service
You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates on our website. You are responsible for checking this page periodically. Material changes will be notified as required by law and become effective on the date specified. Continued use after changes means you accept those changes.
Section 24 – Contact Information
Questions about the Terms of Service should be sent to: sales@dinky-art.com
Dinky Art Studio
90/48 Tiwanon Road, Ban Mai Subdistrict, Pak Kret District, Nonthaburi 11120, Thailand
Phone: +66 86 323 9768
Email: sales@dinky-art.com
