Terms of service

OVERVIEW

Welcome to METAPHORIA! The terms “we”, “us” and “our” refer to METAPHORIA (“Metaphoria”). Metaphoria 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”). Metaphoria is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service (“Terms”), together with any policies referenced herein, describe your rights and responsibilities when you use the Services.

Please read these Terms carefully. 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 and our Privacy Policy:

https://metaphoriahouse.com/policies/privacy-policy

If you do not agree, you should not use or access 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 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 browsing our store or purchasing products), you may be asked to provide certain information such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete and that you have all rights necessary to provide it.

You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 — OUR PRODUCTS (PRINT-ON-DEMAND)

We make every effort to provide accurate representations of our products in our online store. However, colors and product appearance may differ from how they appear on your screen due to your device type and settings.

Many Metaphoria items are made-to-order through print-on-demand production. Because items are produced after you order, minor variations may occur (including slight color differences from screen-to-print, minor placement variance, and minor garment variations between production batches). These minor variations are not considered defects.

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 may limit quantities of any products we offer 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. Metaphoria reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Metaphoria confirms acceptance and we have received and processed payment.

Please review your order carefully before submitting. Because items may enter production quickly, Metaphoria may be unable to accommodate cancellation or change requests after an order is accepted and/or enters production. If we do not accept, make a change to, or cancel an order, we will attempt to notify you using the email, billing address, and/or phone number provided at checkout.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy:

https://metaphoriahouse.com/policies/refund-policy

You represent and warrant that your purchases are for your personal or household use and not for commercial resale or export.

SECTION 4 — PRICES, TAXES, AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product 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 stated, posted prices do not include taxes, shipping, handling, customs, duties, or import charges. You are responsible for any applicable taxes and fees required by your jurisdiction.

You agree to provide current, complete, and accurate purchase and account information for all purchases made in our store and to promptly update your information (including your email address) so we can complete transactions and contact you as needed.

You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are authorized to use the payment method provided, (iii) charges incurred by you will be honored by your payment provider, and (iv) you will pay charges incurred at the posted prices, including shipping/handling and applicable taxes.

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 processing, or events outside our control.

Once we transfer products to the carrier, title and risk of loss passes to you, to the fullest extent permitted by law.

SECTION 6 — RETURNS AND REFUNDS

Returns and refunds are governed by our Refund Policy:

https://metaphoriahouse.com/policies/refund-policy

Please review it before purchasing.

SECTION 7 — INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned by Metaphoria, its affiliates, or licensors and are protected by U.S. and foreign 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 material from the Services without our prior written consent.

Metaphoria’s names, logos, product and service names, designs, and slogans are trademarks of Metaphoria or its licensors. You must not use such trademarks without prior written permission. Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the property of their respective owners.

SECTION 8 — OPTIONAL TOOLS

We may provide access to third-party tools that we do not monitor and over which we have no control. You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations, or conditions of any kind and without endorsement.

Any use of optional tools is entirely at your own risk and discretion, and you should ensure you understand and approve the terms offered by the relevant third-party provider(s).

SECTION 9 — THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites operated by third parties. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites. If you leave the Services to access third-party sites, you do so at your own risk.

We are not liable for harm or damages related to your access of third-party websites or your purchase or use of products, services, resources, or content on third-party websites. Complaints and questions regarding third-party products should be directed to the third party.

SECTION 10 — RELATIONSHIP WITH SHOPIFY

[NOTE TO MERCHANT: This section accurately characterizes Shopify’s relationship with your store and should not be removed or modified.]

Metaphoria 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 Metaphoria. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Metaphoria, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Metaphoria.

SECTION 11 — PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy:

https://metaphoriahouse.com/policies/privacy-policy

and certain personal information may also be subject to Shopify’s privacy practices. By using the Services, you acknowledge that you have read and understand our Privacy Policy.

SECTION 12 — FEEDBACK, REVIEWS, AND SUBMISSIONS

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, photos, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use (for example, marketing and promotion), unless you explicitly request otherwise in writing.

You represent and warrant that (i) you own or have all necessary rights to all Feedback you submit and (ii) your Feedback complies with these Terms. We have no obligation to maintain Feedback in confidence, pay compensation for it, or respond to it.

We may (but are not obligated to) monitor, edit, or remove Feedback at our discretion.

SECTION 13 — ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, shipping charges, transit times, and availability. We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you submit an order).

SECTION 14 — PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not use the Services:

(a) for any unlawful or malicious purpose;

(b) to violate any laws or local ordinances;

(c) to infringe upon or violate our intellectual property rights or the rights of others;

(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any person;

(e) to transmit false or misleading information;

(f) to transmit malware or any malicious code;

(g) to spam, phish, pharm, pretext, spider, crawl, or scrape; or

(h) to interfere with or circumvent the security features of the Services or any related website.

We reserve the right to suspend, disable, or terminate your access if we determine you have violated any part of these Terms.

SECTION 15 — TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) at any time without notice, in our sole discretion. You will remain liable for all amounts due up to and including the date of termination.

Sections that by their nature should survive termination will survive, including Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, and Indemnification.

SECTION 16 — DISCLAIMER OF WARRANTIES

The Services and all products offered through the Services are provided “AS IS” and “AS AVAILABLE” for your use, without any representation, 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 guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free. Some jurisdictions limit or do not allow the disclaimer of implied warranties, so the above disclaimer may not apply to you.

SECTION 17 — LIMITATION OF LIABILITY

To the fullest extent permitted by law, in no case shall Metaphoria, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors (or those of Shopify and its affiliates) be liable for any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, arising from your use of the Services or any products procured using the Services.

To the fullest extent permitted by law, Metaphoria’s total liability for any claim related to a purchase shall not exceed the amount you paid for the product(s) at issue.

SECTION 18 — INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Metaphoria, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims (including reasonable attorneys’ fees) arising out of (1) your breach of these Terms or documents incorporated by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

SECTION 19 — SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms. This shall not affect the validity and enforceability of any remaining provisions.

SECTION 20 — WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies posted by us on this site constitute the entire agreement between you and Metaphoria regarding your use of the Services and supersede prior or contemporaneous communications and proposals, whether oral or written.

SECTION 21 — ASSIGNMENT

You may not delegate, transfer, or assign this Agreement or any rights or obligations under these Terms without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice.

SECTION 22 — GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to conflict of law principles. You and Metaphoria consent to venue and personal jurisdiction in the state and federal courts located in California.

SECTION 23 — HEADINGS

Headings are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 — CHANGES TO TERMS OF SERVICE

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of the Services following the posting of changes constitutes acceptance of those changes.

SECTION 25 — CONTACT INFORMATION

Questions about these Terms should be sent to:

metaphoriahouse@gmail.com

METAPHORIA

Email: metaphoriahouse@gmail.com

Business address: Available upon request