Terms of service

OVERVIEW

Welcome to Prosperray Gallery! The terms “we,” “us,” and “our” refer to Prosperray Gallery. Prosperray Gallery is responsible for this store and website, including all related information, content, features, tools, products, and services, with the goal of providing you, the customer, with a personalized shopping experience (the “Services”). Prosperray Gallery is powered by Shopify, which allows us to provide the Services to you.

The following terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when using 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 the 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 that you have given us your consent to allow any of your minor dependents to use the Services on devices that 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 required to provide certain information, such as your email address and billing, payment, and shipping information. You represent and warrant that all information you provide is accurate, current, and complete, and that you have all necessary rights to provide such information.

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

SECTION 2 – OUR PRODUCTS

We have made every effort to accurately display our products and services in our online stores. However, please note that the colors or appearance of products may differ from how they appear on your screen due to the type of device you use and your device settings.

We do not guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or match the descriptions or representations provided in our online stores.

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 the quantities of any products we offer on a case-by-case basis by person, geographic region, or jurisdiction.

SECTION 3 – ORDERS

By placing an order, you are making an offer to purchase. Prosperray Gallery reserves the right to accept or reject your order for any reason, at its discretion. Your order will not be accepted until Prosperray Gallery confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, as Prosperray Gallery 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 using the email address, billing address, and/or phone number provided at the time of purchase.

Your purchases are subject to return or exchange only in accordance with our Refund Policy [LINK].

You represent and warrant that your purchases are for your personal or household use only and not for commercial resale or 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 set out in your order confirmation email. Unless expressly stated otherwise, advertised prices do not include taxes, shipping, handling, customs duties, or import fees.

Prices listed in our online stores may differ from prices offered in physical stores, other online stores, or third-party retailers. From time to time, we may offer promotions that affect pricing, which are governed by separate terms. In the event of a conflict, the promotion terms will prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases. You agree to promptly update your account and other information, including your email address and credit card details, so that we can complete your transactions and contact you as needed.

You represent and warrant that:
(i) your credit card information is true, correct, and complete;
(ii) you are authorized to use the credit card for the purchase;
(iii) charges incurred will be honored by your credit card issuer; and
(iv) you will pay all charges incurred, including shipping, handling, and applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY

We are not responsible for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events beyond our control. Title and risk of loss pass to you upon transfer of the products to the carrier.

SECTION 6 – INTELLECTUAL PROPERTY

The Services, including all trademarks, trade dress, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned by Prosperray Gallery, its affiliates, or licensors and are protected by U.S. and international intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any materials from the Services without our prior written consent.

Nothing in these Terms grants you any license or rights under any intellectual property of Prosperray Gallery, Shopify, or third parties, except as expressly stated. Unauthorized use may violate intellectual property laws. All rights not expressly granted are reserved.

Prosperray Gallery names, logos, product and service names, designs, and slogans are trademarks of Prosperray Gallery or its licensors. Shopify’s name, logo, and marks are trademarks of Shopify. All other trademarks are the property of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may have access to third-party tools that we do not monitor or control. These tools are provided “as is” and “as available,” without warranties or endorsements. Your use of optional third-party tools is entirely at your own risk.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain links to third-party websites. We are not responsible for the content, accuracy, or practices of third-party sites. Accessing third-party sites is at your own risk. Complaints regarding third-party products or services should be directed to the third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

[Merchant Note: This section accurately describes Shopify’s relationship with your store and must not be removed or modified.]

Prosperray Gallery is powered by Shopify, which allows us to provide the Services to you. However, any sales or purchases are made directly between you and Prosperray Gallery. Shopify is not responsible for any aspect of sales between you and Prosperray Gallery. You expressly release Shopify and its affiliates from any claims related to your transactions.

SECTION 10 – PRIVACY POLICY

All personal information collected through the Services is subject to our Privacy Policy [LINK] and Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read these policies.

SECTION 11 – FEEDBACK

If you submit feedback, you grant us a perpetual, worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, distribute, and display such feedback for any purpose, including commercial use. We have no obligation to keep feedback confidential, pay compensation, or respond.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders at any time without prior notice.

SECTION 13 – PROHIBITED USES

You may use the Services only for lawful purposes. Prohibited uses include, but are not limited to, unlawful activity, infringement of intellectual property, harassment, fraud, spam, malware transmission, data scraping, or interference with security features. We reserve the right to terminate your account for violations.

SECTION 14 – TERMINATION

We may terminate your access to the Services at any time without notice. You remain responsible for all amounts due up to the date of termination. Certain sections will survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES

The Services and all products are provided “as is” and “as available,” without warranties of any kind, express or implied, to the fullest extent permitted by law.

SECTION 16 – LIMITATION OF LIABILITY

To the maximum extent permitted by law, Prosperray Gallery, Shopify, and their affiliates shall not be liable for any indirect, incidental, special, punitive, or consequential damages arising from your use of the Services or products.

SECTION 17 – INDEMNIFICATION

You agree to indemnify and hold harmless Prosperray Gallery, Shopify, and their affiliates from any claims arising out of your violation of these Terms or applicable laws.