Terms of service
Terms of Service
OVERVIEW
Welcome to Soft Creatures! The terms “we”, “us” and “our” refer to Soft Creatures. Soft Creatures 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”). Soft Creatures is powered by Shopify, which enables us to provide the Services to you.
Soft Creatures is operated by Pauline Canavesio, a French artist-author working under the artistic name BORA.
BORA is a French interdisciplinary artist exploring multiple mediums that together form a universe where imagination becomes a form of activism. Through digital creation, installation, sound, and performance, BORA gently explores the power of imagination as a way to navigate reality.
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 [LINK]. 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 or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores 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 in our stores 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 stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
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 any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
All artworks are produced on demand through our trusted fulfillment partner, Printful.
Due to the nature of print-on-demand production, slight variations in color, texture, placement, or finish may occur between digital previews and the final printed product. Such minor variations are not considered defects.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Soft Creatures reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Soft Creatures confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting, as Soft Creatures may be unable to accommodate cancellation requests after an order is accepted.
As orders enter production shortly after purchase, cancellations, modifications, or address changes may not always be possible once an order has been confirmed.
In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e-mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy.
You represent and warrant that your purchases are for your own personal or household use and not for 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 in effect at the time the order is placed and will be set out in your order confirmation email.
Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties.
We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores.
You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that:
(i) the credit card information you provide is true, correct, and complete,
(ii) you are duly authorized to use such credit card for the purchase,
(iii) charges incurred by you will be honored by your credit card company, and
(iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed.
We are not responsible for delays caused by shipping carriers, customs processing, weather conditions, international import procedures, or events outside our control.
Once we transfer products to the carrier, title and risk of loss passes to you.
International orders may be subject to customs duties, import taxes, or additional fees determined by the destination country. These charges are the responsibility of the customer.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, artworks, digital creations, and the design, selection, and arrangement thereof, are owned by Soft Creatures, Pauline Canavesio (BORA), its affiliates or licensors and are protected by copyright and other 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 of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent.
Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Soft Creatures, Shopify or any third party.
Unauthorized use of the Services may violate applicable intellectual property laws. All rights not expressly granted herein are reserved by Soft Creatures.
All artworks, visuals, digital creations, texts, and creative content displayed through the Services remain the exclusive intellectual property of Pauline Canavesio (BORA) unless otherwise stated.
The purchase of a physical print does not transfer any copyright, reproduction rights, commercial rights, or intellectual property rights related to the artwork.
No artwork may be reproduced, copied, distributed, modified, resold, or used commercially without prior written permission.
Soft Creatures’ names, logos, product and service names, designs, and slogans are trademarks of Soft Creatures or its affiliates or licensors.
You must not use such trademarks without prior written permission.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.
We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
SECTION 8 - 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 or accuracy of any third-party materials or websites you choose to access.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Soft Creatures is powered by Shopify, which enables us to provide the Services to you.
However, any sales and purchases you make in our Store are made directly with Soft Creatures.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Soft Creatures.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy.
SECTION 11 - FEEDBACK
If you submit feedback, reviews, or suggestions, you grant us permission to use and display such feedback in connection with the Services.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Services that contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability.
We reserve the right to correct any errors or inaccuracies at any time without prior notice.
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only.
You may not use the Services:
- for unlawful purposes;
- to infringe intellectual property rights;
- to harass or harm others;
- to transmit malicious code;
- to scrape or collect personal data;
- to interfere with security features of the Services.
SECTION 14 - TERMINATION
We may terminate or suspend access to the Services at our discretion if these Terms are violated.
SECTION 15 - DISCLAIMER OF WARRANTIES
The Services and all products are provided “as is” and “as available” without warranties of any kind, either express or implied.
We do not guarantee uninterrupted, secure, or error-free use of the Services.
SECTION 16 - LIMITATION OF LIABILITY
To the fullest extent permitted by law, Soft Creatures, Pauline Canavesio (BORA), Shopify, and affiliated partners shall not be liable for indirect, incidental, consequential, or special damages arising from the use of the Services or products purchased through the Services.
SECTION 17 - INDEMNIFICATION
You agree to indemnify and hold harmless Soft Creatures, Pauline Canavesio (BORA), Shopify, and affiliated parties from claims or liabilities arising from your breach of these Terms or misuse of the Services.
SECTION 18 - SEVERABILITY
If any provision of these Terms is determined to be unlawful or unenforceable, the remaining provisions shall remain valid and enforceable.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and Soft Creatures regarding the Services.
SECTION 20 - ASSIGNMENT
You may not assign or transfer your rights under these Terms without prior written consent.
SECTION 21 - 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 France.
Any dispute relating to the Services shall be subject to the jurisdiction of the competent courts of France.
SECTION 22 - HEADINGS
Headings are included for convenience only and do not affect interpretation.
SECTION 23 - CHANGES TO TERMS OF SERVICE
We reserve the right to update or modify these Terms at any time by posting changes on this page.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to:
Soft Creatures
Operated by Pauline Canavesio (BORA)
69 Route de Grand Bois
69440 Taluyers
France
Email: xsoftcreaturesx@gmail.com