Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Art by Kimchi. The terms “we”, “us” and “our” refer to Art by Kimchi. Art by Kimchi operates this store and website, including all related information, content, features, tools, products and services (the “Services”) to provide you, the customer, with a curated shopping experience. Art by Kimchi 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, as they include important information about your legal rights, limitations of liability, and intellectual property protections.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms and our Privacy Policy [LINK]. If you do not agree, you must not access or use the Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms, you represent that you are at least the age of majority in your jurisdiction.

To use the Services, you may be required to provide accurate, current, and complete information, including billing and shipping details. You are responsible for maintaining the confidentiality of your account credentials and all activity under your account. Accounts may not be transferred, sold, or assigned.

SECTION 2 – OUR PRODUCTS

We make every effort to display products accurately. However, colors and appearance may vary depending on screen settings and devices.

All products are offered “as is.” We do not guarantee that product appearance or subjective quality will meet individual expectations.

Product descriptions, availability, and offerings may change at any time without notice. Limited editions and exclusive items may not be reproduced or restocked.

SECTION 3 – ORDERS

Placing an order constitutes an offer to purchase. Art by Kimchi reserves the right to accept or decline any order at its sole discretion. Orders are not confirmed until payment has been received and processed.

Once an order is accepted, cancellations or changes may not be possible.

All purchases are subject to our Refund Policy [LINK]. Purchases are for personal use only and may not be resold or commercially exploited.

SECTION 4 – PRICES AND BILLING

Prices are subject to change without notice. Prices do not include taxes, customs fees, import duties, or additional shipping costs unless explicitly stated.

You agree to provide accurate payment information and authorize us to charge your selected payment method for all purchases.

SECTION 5 – SHIPPING AND DELIVERY

Delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or circumstances beyond our control.

Once an order is transferred to the carrier, title and risk of loss pass to the customer.

SECTION 6 – INTELLECTUAL PROPERTY

All content available through the Services, including but not limited to artwork, illustrations, designs, text, graphics, images, and written material, is the exclusive property of Art by Kimchi and is protected under international copyright and intellectual property laws.

All artwork is original and created solely by the artist.
No artificial intelligence tools are used in the creation of any artwork.

Purchase of any product does not transfer ownership, copyright, licensing, or usage rights. All personal, commercial, reproduction, resale, distribution, derivative, and display rights remain exclusively with the artist.

Any unauthorized copying, reproduction, scanning, modification, resale, redistribution, commercial use, training of artificial intelligence models, or exploitation of artwork or content, in whole or in part, is strictly prohibited and will be pursued to the fullest extent permitted by law.

All rights not expressly granted are reserved.

SECTION 7 – OPTIONAL TOOLS

We may provide access to third-party tools “as is” without warranties or endorsements. Use of optional tools is at your own risk.

SECTION 8 – THIRD-PARTY LINKS

We are not responsible for third-party content, websites, or transactions. Accessing third-party services is at your own risk.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Art by Kimchi is powered by Shopify. All purchases are made directly with Art by Kimchi. Shopify is not responsible for transactions between you and Art by Kimchi.

SECTION 10 – PRIVACY POLICY

All personal information is handled in accordance with our Privacy Policy [LINK] and Shopify’s Privacy Policy.

SECTION 11 – FEEDBACK

Any feedback submitted grants us a perpetual, royalty-free right to use it for any purpose without compensation. Feedback must not violate any third-party rights.

SECTION 12 – ERRORS AND OMISSIONS

We reserve the right to correct errors, inaccuracies, or omissions at any time without notice.

SECTION 13 – PROHIBITED USES

You may not use the Services to:

  • violate laws or regulations

  • infringe intellectual property rights

  • reproduce, scrape, copy, resell, or exploit content

  • train or feed AI systems with artwork or content

  • interfere with site security or functionality

Violation may result in termination and legal action.

SECTION 14 – TERMINATION

We may terminate access to the Services at any time. Provisions relating to intellectual property, liability, and indemnification survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES

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

SECTION 16 – LIMITATION OF LIABILITY

To the fullest extent permitted by law, Art by Kimchi shall not be liable for any indirect, incidental, or consequential damages arising from use of the Services or products.

SECTION 17 – INDEMNIFICATION

You agree to indemnify and hold harmless Art by Kimchi and Shopify from claims arising from your breach of these Terms or misuse of the Services.

SECTION 18 – SEVERABILITY

If any provision is found unenforceable, the remaining provisions remain in effect.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and Art by Kimchi.

SECTION 20 – ASSIGNMENT

You may not assign these Terms without our consent. We may assign without notice.

SECTION 21 – GOVERNING LAW

These Terms are governed by the laws of the jurisdiction where Art by Kimchi is headquartered.

SECTION 22 – HEADINGS

Headings are for convenience only and do not affect interpretation.

SECTION 23 – CHANGES TO TERMS

We may update these Terms at any time. Continued use of the Services constitutes acceptance of changes.

SECTION 24 – CONTACT INFORMATION

This contact information is provided solely for legal and regulatory purposes. Customer inquiries outside published policies may not receive a response.