Terms of service

OVERVIEW Welcome to FROSTBIT3 COLLECTIVE! The terms "we", "us" and "our" refer to FROSTBIT3 COLLECTIVE. FROSTBIT3 COLLECTIVE operates this store and website, including all related information, tools, products and services. We provide you with a curated shopping experience (the "Services"). Shopify powers our store and enables us to provide the Services to you. The below terms and conditions describe your rights and responsibilities when you use the Services. Read these Terms of Service carefully. They include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability. By visiting or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms, you should not use our Services.

SECTION 1: ACCESS AND ACCOUNT By agreeing to these Terms, you represent that you are at least the age of majority in your residence. You give us consent to allow your minor dependents to use the Services on devices you own. To use the Services, we may ask you to provide information like your email, billing, payment, and shipping details. You represent that all information you provide is correct and complete. You are solely responsible for maintaining the security of your account credentials and for all your account activity. You may not transfer or sell your account to anyone else.

SECTION 2: OUR PRODUCTS We make every effort to provide an accurate representation of our products. Colors or product appearance may differ on your screen due to your device settings. We do not warrant that the appearance or quality of any products will meet your expectations. All product descriptions are subject to change at any time without notice. We reserve the right to discontinue any product at any time. We may limit the quantities of any products we offer to any person or region.

AI Transparency and Returns Our projects, including Porcelain Hearts and BROK3N VOWS, use artificial intelligence to create music and visuals. We state this openly on our website. By placing an order, you acknowledge this fact. The use of AI in our creative process is not a product defect. It is not a valid reason for a return or refund. This does not affect your statutory 14-day right of withdrawal if you are in the European Union.

SECTION 3: ORDERS When you place an order, you make an offer to purchase. FROSTBIT3 COLLECTIVE reserves the right to accept or decline your order for any reason. Your order is not accepted until we confirm acceptance. We must receive and process your payment before accepting your order. Review your order carefully before submitting. Your purchases are subject to return or exchange in accordance with our Refund Policy. You represent that your purchases are for personal use and not for commercial resale.

SECTION 4: PRICES AND BILLING Prices, discounts, and promotions are subject to change without notice. The price charged will be the price in effect at the time you place the order. Unless stated otherwise, posted prices do not include taxes, shipping, customs, or import charges. You agree to provide current and accurate purchase and account information for all purchases. You agree to update your account and payment details promptly. You represent that your credit card information is correct and that you authorize us to charge the applicable amount.

SECTION 5: SHIPPING AND DELIVERY We are not liable for shipping and delivery delays. All delivery times are estimates and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs, or events outside our control. Once we transfer products to the carrier, the risk of loss passes to you.

SECTION 6: INTELLECTUAL PROPERTY Our Services, including all trademarks, brands, text, images, graphics, video, and audio, are owned by FROSTBIT3 COLLECTIVE, its affiliates, or licensors. They are protected by intellectual property laws. These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, or download any material on the Services without our written consent. FROSTBIT3 COLLECTIVE reserves all rights not expressly granted herein.

SECTION 7: OPTIONAL TOOLS We may provide access to third-party tools. We do not monitor or control these tools. We provide access to such tools "as is" and "as available" without any warranties. We have no liability arising from your use of optional third-party tools. You use them entirely at your own risk.

SECTION 8: THIRD-PARTY LINKS The Services may contain links to third-party websites. We are not responsible for evaluating the content or accuracy of third-party materials. If you access these sites, you do so at your own risk. We are not liable for any damages related to your use of third-party websites. Review the third-party policies carefully before engaging in any transaction.

SECTION 9: RELATIONSHIP WITH SHOPIFY Shopify powers FROSTBIT3 COLLECTIVE and enables us to provide the Services to you. Any sales and purchases you make in our Store are made directly with FROSTBIT3 COLLECTIVE. Shopify is not responsible for any aspect of sales between you and FROSTBIT3 COLLECTIVE. You release Shopify from all claims and liabilities arising from your transactions with FROSTBIT3 COLLECTIVE.

SECTION 10: PRIVACY POLICY All personal information we collect is subject to our Privacy Policy. Shopify also collects and processes personal information to provide the Services. Information you submit will be shared with Shopify and third parties in other countries. Review our Privacy Policy for more details.

SECTION 11: FEEDBACK If you submit ideas, reviews, or other content ("Feedback"), you grant us a perpetual, worldwide, royalty-free license to use and publish that Feedback. We are under no obligation to keep your Feedback confidential or to pay you for it. You agree your Feedback will not violate any third-party rights or contain unlawful or malicious material. You are solely responsible for your Feedback.

SECTION 12: ERRORS, INACCURACIES AND OMISSIONS Occasionally, information on the Services may contain typographical errors or omissions related to product descriptions, pricing, or availability. We reserve the right to correct any errors and to change information or cancel orders at any time without prior notice.

SECTION 13: PROHIBITED USES You may access the Services for lawful purposes only. You may not use the Services for any unlawful purpose, to violate any laws, to infringe upon intellectual property rights, or to harass or harm others. You may not upload malicious code, collect personal information of others, or use automated tools to access the Services. We reserve the right to terminate your account if you violate these Terms.

SECTION 14: AGENTS No automated Agent may interact with the Services unless it identifies itself properly in all requests. Agents must not conceal their nature or circumvent security measures. We may limit how Agents access the Services.

SECTION 15: TERMINATION We may terminate this agreement or your access to the Services at any time without notice. You will remain liable for all amounts due up to the termination date. Certain sections, including Intellectual Property and Limitation of Liability, will survive termination.

SECTION 16: DISCLAIMER OF WARRANTIES We provide the information on the Services for general information purposes. We do not warrant the accuracy or completeness of this information. EXCEPT AS EXPRESSLY STATED BY FROSTBIT3 COLLECTIVE, THE SERVICES AND ALL PRODUCTS ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

SECTION 17: LIMITATION OF LIABILITY IN NO CASE SHALL FROSTBIT3 COLLECTIVE, OUR DIRECTORS, EMPLOYEES, AFFILIATES, OR SHOPIFY BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND. THIS INCLUDES LOST PROFITS OR REVENUE ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PROCURED USING THE SERVICES.

SECTION 18: INDEMNIFICATION You agree to indemnify and hold harmless FROSTBIT3 COLLECTIVE and Shopify from any claims, damages, or liabilities payable to any third party due to your breach of these Terms, your violation of any law, or your use of the Services.

SECTION 19: SEVERABILITY If any provision of these Terms is determined to be unlawful or unenforceable, that provision shall be severed from the Terms. This will not affect the validity of the remaining provisions.

SECTION 20: WAIVER AND ENTIRE AGREEMENT Our failure to enforce any right or provision of these Terms does not constitute a waiver. These Terms constitute the entire agreement between you and us, superseding any prior agreements.

SECTION 21: ASSIGNMENT You may not transfer or assign these Terms without our written consent. We may transfer these Terms and our rights without consent or notice to you.

SECTION 22: GOVERNING LAW These Terms of Service and any separate agreements shall be governed by and construed in accordance with the laws of Slovakia. You and FROSTBIT3 COLLECTIVE consent to venue and personal jurisdiction in the courts of Slovakia.

SECTION 23: HEADINGS The headings in this agreement are for convenience only and do not limit these Terms.

SECTION 24: 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 or change these Terms by posting updates to our website. Your continued use of the Services following any changes constitutes acceptance of those changes.

SECTION 25: CONTACT INFORMATION Questions about the Terms of Service should be sent to us at wlaufsomsak@gmail.com. Wessam Lauf wlaufsomsak@gmail.com VAT number: 57296189