Terms of service
OVERVIEW
Welcome to Racing Portrait. The terms “we”, “us” and “our” refer to Racing Portrait. Racing Portrait 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”). Racing Portrait is powered by Shopify, which enables us to provide the Services to you.
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. 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 province or territory 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 store or purchasing any 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 information you provide is accurate, current, and complete.
You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We make every effort to display and describe our products accurately. However, colors, proportions, or appearance may vary depending on your device, screen settings, and display configuration.
Racing Portrait specializes in custom-made digital and physical artwork created in a specific artistic style. By placing an order, you acknowledge that artistic interpretation is subjective and that the final result may differ from personal expectations.
We do not guarantee that the appearance or quality of any product will meet individual tastes or expectations.
All product descriptions are subject to change at any time without notice. We reserve the right to discontinue any product or limit quantities offered at our sole discretion.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. Racing Portrait reserves the right to accept or decline any order at its discretion. An order is not accepted until payment is successfully processed and order confirmation is issued.
Please review your order carefully before submitting it. Due to the custom nature of our products, we may be unable to accommodate changes or cancellations once an order has entered production.
In the event we modify or cancel an order, we will attempt to notify you using the contact information provided at checkout.
All purchases are subject to our Refund Policy.
You represent and warrant that purchases are for personal or household use only and not for resale or commercial purposes.
SECTION 4 – PRICES AND BILLING
Prices are subject to change without notice. The price charged is the price displayed at the time of purchase and confirmed in your order confirmation email.
Unless otherwise stated, prices do not include applicable taxes, shipping, customs, or import fees.
You agree to provide current, complete, and accurate payment information and authorize us to charge your payment method for all purchases and associated fees.
SECTION 5 – SHIPPING AND DELIVERY
All delivery times are estimates and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events beyond our control.
Once an order has been handed over to the shipping carrier, ownership and risk of loss transfer to the customer.
SECTION 6 – INTELLECTUAL PROPERTY
All content on the Services, including text, images, graphics, designs, logos, videos, and website layout, is the property of Racing Portrait or its licensors and is protected by intellectual property laws.
For custom portrait products, customers retain ownership of their original uploaded photos. By submitting photos, you grant Racing Portrait a limited, non-exclusive, royalty-free license to use, reproduce, and modify the submitted images solely for the purpose of creating, fulfilling, and delivering your order, as well as for customer service and quality assurance.
You may not reproduce, distribute, modify, or exploit any part of the Services without prior written permission.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools that we do not control. These tools are provided “as is” and “as available” without warranties or guarantees.
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 any third-party sites. Accessing third-party websites is done at your own risk.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Racing Portrait is powered by Shopify. All sales are made directly between you and Racing Portrait. Shopify is not responsible for any aspect of transactions conducted through this store, and you expressly release Shopify from any claims arising from purchases made through Racing Portrait.
SECTION 10 – PRIVACY POLICY
All personal information collected through the Services is governed by our Privacy Policy. Shopify may also collect and process personal information in order to provide the Services.
SECTION 11 – FEEDBACK
If you submit feedback, reviews, or suggestions, you grant Racing Portrait a perpetual, royalty-free license to use such content for any purpose, including marketing and service improvement.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
We reserve the right to correct errors, inaccuracies, or omissions and to cancel or update orders if any information is inaccurate, at any time without prior notice.
SECTION 13 – PROHIBITED USES
You may not use the Services for unlawful purposes, to infringe intellectual property rights, to transmit malicious code, or to engage in abusive, misleading, or harmful conduct.
We reserve the right to terminate access to the Services if these Terms are violated.
SECTION 14 – TERMINATION
We may terminate or suspend access to the Services at any time. Obligations incurred prior to termination will survive.
SECTION 15 – DISCLAIMER OF WARRANTIES
The Services and all products are provided “as is” and “as available” without warranties of any kind, except where prohibited by law.
SECTION 16 – LIMITATION OF LIABILITY
To the fullest extent permitted by law, Racing Portrait shall not be liable for any indirect, incidental, special, or consequential damages arising from use of the Services or products.
SECTION 17 – INDEMNIFICATION
You agree to indemnify and hold harmless Racing Portrait and Shopify from any 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 will remain in effect.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and Racing Portrait.
SECTION 20 – ASSIGNMENT
You may not assign these Terms without our consent. We may assign these Terms without notice.
SECTION 21 – GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.
SECTION 22 – HEADINGS
Headings are for convenience only and do not affect interpretation.
SECTION 23 – CHANGES TO TERMS OF SERVICE
We reserve the right to update these Terms at any time. Continued use of the Services constitutes acceptance of any changes.
SECTION 24 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to:
Email: Support@racingportrait.com
Phone: +1 (365) 360 7904
Hours: 9:00 AM – 6:00 PM (EST), Monday to Friday
We typically reply within 24 hours.
