Terms of service
Overview
Welcome to 412 P.M.! The terms "we", "us" and "our" refer to 412 P.M.. 412 P.M. operates this store and website, including all related information, content, functionality, tools, products and services, in order to provide you, as a customer, with a curated shopping experience (the "Services"). 412 P.M. is Powered by Shopify, which allows us to provide you with the Services.
The terms and conditions set out below, together with any policies referenced herein (these "Terms and Conditions of Service" or "Terms"), describe your rights and responsibilities when using the Services.
Please read these Terms and Conditions of Service carefully, as they include important information about your legal rights and cover matters 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 Conditions of Service and our Privacy Policy [LINK]. If you do not agree to these Terms and Conditions of Service or the Privacy Policy, you must not use or access our Services.
Section 1 – Access and Account
By accepting these Terms and Conditions of Service, you confirm that you have reached the age of majority in your state or region of residence and that you have given us your consent for any minor dependants 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 product or service we offer, you may be required to provide certain information, such as your email address and billing, payment and shipping details. You represent and warrant that all information provided in our store is accurate, current and complete and that you hold all rights necessary to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activities carried out on your account. You may not transfer, sell, assign or licence your account to any third party.
Section 2 – Our Products
We have made every effort to accurately represent our products and services in our online stores. However, please note that colours or the appearance of products may differ from how they appear on screen, depending on the type of device used to access the store and its settings and configurations.
We do not guarantee that the appearance or quality of any product or service purchased will meet your expectations or match what is represented or displayed 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 product offered to any person, geographic area or jurisdiction, on a case-by-case basis.
Section 3 – Orders
When you place an order, you are submitting an offer to purchase. 412 P.M. reserves the right to accept or decline the order for any reason, at its sole discretion. The order is not accepted until 412 P.M. confirms its acceptance. Payment must be received and processed before an order is accepted. Please review your order carefully before submitting it, as 412 P.M. may not be able to accommodate cancellation requests once an order has been accepted. In the event that an order is not accepted, is modified or is cancelled, we will attempt to notify you by contacting the email address, billing address and/or telephone number provided at the time of order.
Purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].
You represent and warrant that purchases are intended for personal or household use 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 submitted and will be stated in the order confirmation email. Unless expressly stated otherwise, published prices do not include taxes, shipping charges, handling fees, customs duties or import costs.
Prices published in our online stores may differ from prices offered in physical stores or in online or other stores operated by third parties. We may, from time to time, offer promotions on the Services that may affect prices and that are governed by terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion shall prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiry dates, so that we can complete your transactions and contact you when necessary.
You represent and warrant that (i) the credit card information you provide is truthful, correct and complete; (ii) you are duly authorised to use that credit card for the purchase; (iii) charges incurred will be honoured by your credit card issuer; and (iv) amounts charged will be paid at the published prices, including shipping and handling charges and all applicable taxes, where applicable.
Section 5 – Shipping and Delivery
We are not responsible for delays in shipping and delivery. All delivery timeframes are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs procedures or events beyond our control. Once products have been transferred to the carrier, ownership and risk of loss pass to you.
Section 6 – Intellectual Property
Our Services, including but not limited to all trademarks, brands, text, display elements, images, graphics, product reviews, videos and audio, as well as their design, selection and arrangement, are owned by 412 P.M., its affiliates or its licensors and are protected by domestic and foreign patent, copyright and other 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 from, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent. Except as expressly provided in these Terms, nothing herein grants or shall be construed as granting any licence or other rights in relation to the patents, trademarks, copyrights or other intellectual property rights of 412 P.M., Shopify or any third party. Unauthorised use of the Services may constitute a violation of applicable intellectual property laws. All rights not expressly granted in these Terms are reserved by 412 P.M..
The names, logos, product and service names, designs and slogans of 412 P.M. are trademarks of 412 P.M. or its affiliates or licensors. You may not use such trademarks without the prior written consent of 412 P.M.. The name, logo, product and service names, designs and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing on the Services are the trademarks of their respective owners.
Section 7 – Optional Tools
You may be provided with access to customer tools offered by third parties as part of the Services, which we do not monitor and over which we have no control or influence.
You acknowledge and agree that we provide access to such tools "as is" and "as available", without any warranty, representation or condition of any kind and without any endorsement. We shall have no liability of any kind arising from or in connection with your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms and conditions on which such tools are provided by the relevant third-party providers.
We may also in the future offer new features through the Services (including the release of new tools and resources). Such new features will also be considered part of the Services and subject to these Terms and Conditions of Service.
Section 8 – Third-Party Links
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any integrated third-party functionality). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites that you choose to access. If you choose to leave the Services to access such third-party materials or websites, you do so at your own risk.
We are not responsible for any harm or damage connected to accessing third-party websites or to the purchase or use of products, services, resources or content on third-party websites. Please review third-party policies and practices carefully and make sure you understand them before entering into any transaction. Claims, requests, concerns or questions relating to third-party products and services must be directed to the relevant third party.
Section 9 – Relationship with Shopify
[NOTE FOR MERCHANT: this section accurately describes the relationship between Shopify and your store and must not be removed or modified.]
412 P.M. is powered by Shopify, which enables us to provide you with the Services. However, all sales and purchases made in our store are made directly with 412 P.M.. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and 412 P.M., including any damages, injury or loss arising from products and services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages and liability arising from or connected to your purchases and transactions with 412 P.M..
Section 10 – Privacy Policy
All personal data we collect through the Services is subject to our Privacy Policy, available here [LINK], and certain personal data may be subject to the provisions of Shopify's Privacy Policy, available here. By using the Services, you confirm that you have read this Privacy Policy.
As the Services are hosted by Shopify, Shopify collects and processes personal information relating to your access and use of the Services in order to provide and improve the Services. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties who may be located in a different country from that in which you reside, for the purpose of providing you with the services. Please refer to our Privacy Policy [LINK] for more details on how we, Shopify and our partners use your personal data.
Section 11 – Feedback
If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium and for any purpose, including commercial use. We may, for example, exercise the rights granted under such licence to manage, provide, evaluate, improve, refine and promote the Services and to fulfil our obligations and exercise our rights under the Terms and Conditions of Service.
You further represent and warrant that: (i) you own or hold all rights necessary in all Feedback; (ii) you have disclosed any compensation or incentive received in connection with the submission of the Feedback; and (iii) your Feedback will comply with these Terms. We are not and will not be under any obligation to (1) keep your Feedback confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback.
We may, without any obligation to do so, monitor, edit or remove feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, libellous, pornographic, obscene or otherwise objectionable, or that violates the intellectual property of any party or these Terms and Conditions of Service.
You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, personality rights or other personal or proprietary rights. You also agree that your Feedback will not contain libellous, defamatory or otherwise unlawful, illicit or obscene content, nor will it contain computer viruses or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone else or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you provide and its accuracy. We accept no responsibility and assume no liability for any Feedback posted by you or any third party.
Section 12 – Errors, Inaccuracies and Omissions
From time to time, information on or within the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, product shipping costs, transit times and availability. Where such information is not accurate, we reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders at any time without notice (including after an order has been submitted).
Section 13 – Prohibited Uses
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or harmful purpose; (b) to violate any international, federal, provincial, state or local regulations, rules, laws or ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of third parties; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against any of our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly send, receive, upload, download, use or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including junk mail, chain letters, spam or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm 412 P.M., Shopify or users of the Services or expose them to liability.
You also agree not to: (a) upload or transmit viruses or any other type of malicious code that is or may be used in any way that could affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, scrape, sell, resell or exploit any part of the Services; (c) collect or track the personal data of others; (d) spam, phish, pharm or pretext on the Services; (e) use bots, spiders, scraping tools, data collection and extraction tools, automated devices or processes, artificial intelligence tools (such as agentic AI) or automated or manual means to access the Services; or (f) interfere with, bypass or circumvent the security or authorisation features, robot exclusion headers or other measures we have put in place to restrict access to the Services. We reserve the right to suspend, disable or terminate your account at any time, without notice, if we determine that any part of these Terms has been violated.
Section 14 – Agents
14.1 This section (Agent Terms) applies if you use, permit, enable or cause an Agent to access, use or interact with the Services. "Agent" means any software or service that takes autonomous or semi-autonomous actions on behalf of or at the direction of any person or entity and that may operate on behalf of or through a person's device without direct supervision.
14.2 No Agent may access, use or interact with the Services unless, at all times, it identifies itself and operates in strict compliance with the requirements set out in section 14.4 below. Furthermore, no Agent may access, use or interact with the Services if we have requested that the Agent refrain from accessing, using or interacting with any service.
14.3 We may establish limits, including through technical measures, on the manner and conditions under which an Agent may access, use and interact with the Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request originates from an Agent and state the Agent's name by including the following in the request's user-agent string: "Agent/[agent name]"; (ii) not conceal or obscure the fact that any access, use or interaction originates from an Agent, for example (a) by mimicking human behaviour and interaction patterns, or (b) by completing or circumventing CAPTCHAs or measures designed to distinguish computer use from human use; (iii) respond truthfully to any questions or prompts designed to determine whether interactions originate from a human or a computer; (iv) not bypass or otherwise circumvent any measures designed to block, restrict, modify or control whether and how Agents access, use or interact with the Services.
Section 15 – Termination
We may terminate this agreement or your access to the Services (or any part thereof), at our sole discretion, at any time and without notice, and you will remain liable for all amounts due up to and including the date of termination.
In the event of termination, the following sections shall continue to apply: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provision that by its nature should survive termination.
Section 16 – Disclaimer of Warranties
The information presented on or through the Services is made available for general informational purposes only. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of their contents.
EXCEPT AS EXPRESSLY STATED BY 412 P.M., THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
Section 17 – Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL 412 P.M., OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PURCHASED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Section 18 – Indemnification
You agree to indemnify, defend and hold harmless 412 P.M., Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any loss, damage, liability or claim, including reasonable legal fees, made by any third party or arising from (1) your breach of these Terms and Conditions of Service or the documents incorporated herein 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.
We will notify you of any indemnifiable claim, provided that any failure to notify you promptly will not relieve you of your obligations unless you suffer material prejudice as a result. We may control the defence and resolution of such claim at your expense, including the choice of legal counsel, but will not settle any claim imposing non-monetary obligations without your consent, which shall not be unreasonably withheld. You will cooperate in the defence of indemnified claims, including by providing relevant documentation.
Section 19 – Severability
In the event that any provision of these Terms and Conditions of Service is found to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms and Conditions of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 20 – Waiver; Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms and Conditions of Service shall not constitute a waiver of such right or provision.
These Terms and Conditions of Service and any policies or operating rules posted by us on this site or in connection with the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions of Service).
Any ambiguities in the interpretation of these Terms and Conditions of Service shall not be construed against the drafting party.
Section 21 – Assignment
You may not delegate, transfer or assign this Agreement or any of the rights or obligations under these Terms without our prior written consent, and any attempt to do so shall be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice.
Section 22 – Governing Law
These Terms and Conditions of Service and any separate agreements by which we provide the Services shall be governed by and construed in accordance with the laws of the jurisdiction in which 412 P.M. is established. You and 412 P.M. consent to the territorial jurisdiction and personal jurisdiction of such courts.
Section 23 – Headings
The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms and Conditions of Service.
Section 24 – Changes to the Terms and Conditions of Service
You may review the currently applicable version of the Terms and Conditions of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date indicated in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms and Conditions of Service constitutes acceptance of those changes.
Section 25 – Contact Information
Questions about the Terms and Conditions of Service should be sent to 412pmstudio@gmail.com.
Our contact details are as follows: