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 personalized shopping experience (the “Services”).
Racing Portrait 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 access or use the Services or purchase products from Racing Portrait.
Please read these Terms carefully. They contain important information regarding your legal rights, purchases, personalized products, warranties, and limitations of liability.
By visiting, interacting with, purchasing from, or otherwise using our Services, you agree to these Terms and our Privacy Policy, Shipping Policy, and Return & Refund Policy.
If you do not agree to these Terms, you should not access or use the Services.
SECTION 1 – ACCESS AND ACCOUNT
By using the Services, you represent that you are at least the age of majority in your province, state, territory, or country of residence, or that you have obtained any consent required by applicable law.
To use certain Services or purchase products, you may be asked to provide information including your name, email address, billing information, payment information, shipping address, photographs, and personalization instructions.
You represent that the information you provide is accurate, current, and complete.
If you create an account, you are responsible for maintaining the confidentiality and security of your account credentials and for activity occurring through your account.
You may not sell, transfer, assign, or license your account to another person.
SECTION 2 – OUR PRODUCTS
Racing Portrait specializes in custom-made digital portraits and personalized physical artwork, including canvas and poster products.
Each portrait is individually created based on photographs, information, and personalization instructions provided by the customer.
We make reasonable efforts to accurately display and describe our products. However, colors and appearance may vary depending on your device, screen settings, display configuration, printing process, materials, and other technical factors.
Physical prints may also have minor variations in color, positioning, cropping, or appearance compared with their digital representation. Such minor variations that fall within normal printing and manufacturing tolerances are not considered defects.
Because our products involve personalized artwork and artistic interpretation, you acknowledge that certain creative elements may vary and that individual preferences regarding artistic appearance are subjective.
Nothing in this section limits your rights if a product is damaged, defective, incorrectly produced, does not match the approved artwork, or otherwise qualifies for a remedy under our Return & Refund Policy or applicable law.
Product descriptions, designs, pricing, formats, and availability may change without notice. We reserve the right to discontinue products or limit available quantities where permitted by law.
SECTION 3 – CUSTOMER PHOTOS AND PERSONALIZATION
Customers may be required to upload photographs and provide personalization instructions in order for Racing Portrait to create personalized artwork.
By submitting photographs, images, text, or other content (“Customer Content”), you represent and warrant that:
- You own the Customer Content or have the necessary rights, permissions, or authorization to provide and use it for the requested product;
- Our use of the Customer Content to create and fulfill your order does not violate the rights of another person or entity;
- The Customer Content does not contain unlawful or prohibited material.
You retain any rights you have in your original photographs and Customer Content.
By submitting Customer Content, you grant Racing Portrait a limited, non-exclusive, royalty-free license to use, reproduce, process, modify, and transmit that Customer Content as reasonably necessary to create, modify, fulfill, deliver, and provide customer support for your personalized order.
To provide our personalized portrait Services, Customer Content may be processed using software, automated image-processing technology, artificial intelligence-assisted tools, and third-party service providers acting on our behalf.
Our handling of Customer Content and personal information is further described in our Privacy Policy.
Submission of Customer Content for an order does not, by itself, grant Racing Portrait permission to use your photographs or personalized portrait in public advertising or marketing.
SECTION 4 – ORDERS
When you place an order, you are making an offer to purchase a product from Racing Portrait.
We reserve the right to accept, reject, limit, or cancel an order where reasonably necessary, including in cases involving suspected fraud, payment issues, technical errors, unavailable products, prohibited Customer Content, or other legitimate business reasons.
An order is considered accepted once payment has been successfully processed and an order confirmation has been issued.
Before placing your order, you are responsible for reviewing the information you provide, including:
- Submitted photographs
- Personalization details and custom text
- Product type
- Size and variant
- Quantity
- Billing information
- Shipping address
Because our products are personalized and made to order, changes may not be possible once production or portrait creation has started.
All purchases are subject to our Return & Refund Policy.
SECTION 5 – ORDER CANCELLATIONS AND MODIFICATIONS
For physical products, including canvas and posters, cancellation requests may be made within 12 hours of purchase, provided production has not already started.
Once a physical order has entered production, it can no longer be canceled or modified.
For digital portraits, cancellation is not available once the personalized portrait creation process has started.
If you need to request a cancellation or modification, contact us as soon as possible at support@racingportrait.com.
Address changes are subject to the conditions described in our Shipping Policy.
Additional information about cancellations, modifications, and refunds is available in our Return & Refund Policy.
SECTION 6 – PRICES, PAYMENTS AND BILLING
Product prices may change without notice.
The price charged for an order will be the price displayed at the time the order is submitted and confirmed during checkout, subject to correction of obvious pricing or technical errors where permitted by law.
Unless otherwise stated, product prices may not include applicable taxes, shipping charges, customs duties, import fees, or other charges.
Any applicable charges will be displayed at checkout where available or may otherwise be imposed by the destination country or relevant authorities.
You agree to provide current, complete, and accurate billing and payment information.
By submitting an order, you authorize Racing Portrait and its payment service providers to charge your selected payment method for the amount shown at checkout.
SECTION 7 – SHIPPING AND DELIVERY
Physical products are made to order and require production before shipment.
Production and shipping estimates vary by product and destination.
All stated delivery dates and shipping times are estimates and are not guaranteed unless expressly stated otherwise.
Delivery may be affected by circumstances outside our reasonable control, including:
- Carrier delays
- Customs processing
- Weather conditions
- High-volume or holiday periods
- Incorrect or incomplete shipping information
- Other transportation or logistical disruptions
If a shipment appears lost in transit, please contact us so that we can investigate with the carrier.
Packages confirmed as lost in transit will be handled according to our Shipping Policy and Return & Refund Policy.
Customers are responsible for providing a complete and accurate shipping address.
Please refer to our Shipping Policy for complete information regarding production times, shipping estimates, tracking, address changes, international shipping, customs, and unsuccessful deliveries.
SECTION 8 – RETURNS, REFUNDS AND DAMAGED PRODUCTS
Because Racing Portrait products are personalized and made specifically for each customer, we generally do not accept returns or provide refunds for non-defective personalized products, including for reasons such as change of mind, ordering the wrong size or variant, or no longer wanting the completed portrait.
If a physical product arrives damaged, defective, contains a manufacturing error, or otherwise qualifies under our Return & Refund Policy, please contact us within the time specified in that policy.
Eligible issues may be resolved through a replacement, refund, or another appropriate remedy.
Digital portraits are subject to the modification and refund conditions described in our Return & Refund Policy.
Nothing in these Terms or our policies limits any consumer rights or remedies that cannot lawfully be excluded or restricted.
SECTION 9 – INTELLECTUAL PROPERTY
Unless otherwise indicated, the Services and content made available through the Services—including website text, graphics, designs, branding, logos, videos, layouts, and other materials—are owned by Racing Portrait or used under applicable rights and are protected by intellectual property laws.
You may not copy, reproduce, distribute, sell, modify, publish, exploit, or create derivative works from our website or proprietary materials without prior written authorization, except where permitted by applicable law.
Personalized Artwork
Subject to any rights held by third parties, customers may use personalized artwork purchased from Racing Portrait for personal, non-commercial purposes.
Purchase of a personalized portrait does not transfer ownership of Racing Portrait's underlying templates, production methods, designs, systems, proprietary creative assets, or other intellectual property used to create the product.
Commercial reproduction, resale, merchandising, licensing, or other commercial use of personalized artwork requires prior written authorization from Racing Portrait and may also require authorization from applicable third-party rights holders.
SECTION 10 – THIRD-PARTY INTELLECTUAL PROPERTY
Third-party names, trademarks, logos, brands, designs, and other intellectual property displayed or referenced through the Services remain the property of their respective owners.
Unless expressly stated otherwise, the display or reference of third-party intellectual property does not imply sponsorship, endorsement, partnership, or affiliation between Racing Portrait and the applicable third-party rights holder.
Nothing in these Terms grants you rights to use third-party intellectual property beyond any rights you may independently have under applicable law or authorization from the applicable rights holder.
SECTION 11 – OPTIONAL AND THIRD-PARTY TOOLS
We may provide access to tools, applications, software, or services provided by third parties.
We may not monitor or control these third-party services.
To the fullest extent permitted by law, third-party tools may be provided on an “as is” and “as available” basis.
Your use of third-party services may also be subject to the terms and privacy policies of the applicable provider.
SECTION 12 – THIRD-PARTY LINKS
The Services may contain links to third-party websites, platforms, or services.
Racing Portrait does not control and is not responsible for the content, accuracy, availability, privacy practices, security, products, or services provided by third parties.
You should review the applicable policies and terms before interacting with or making purchases through third-party services.
SECTION 13 – RELATIONSHIP WITH SHOPIFY
Racing Portrait is powered by Shopify, which provides ecommerce infrastructure that enables us to operate our online store.
Purchases from Racing Portrait are transactions between you and Racing Portrait.
Shopify may separately collect and process personal information in connection with providing its services, as further explained in our Privacy Policy and Shopify's applicable privacy notices.
Nothing in these Terms creates an employment, agency, partnership, or joint venture relationship between you and Shopify.
SECTION 14 – PRIVACY
Our collection, use, processing, retention, and disclosure of personal information are governed by our Privacy Policy.
Our Privacy Policy also explains how customer-uploaded photographs, personalized artwork, cookies, advertising technologies, service providers, and other personal information may be processed.
By using the Services, you acknowledge that personal information may be processed as described in the Privacy Policy, subject to applicable law.
SECTION 15 – REVIEWS, FEEDBACK AND SUGGESTIONS
If you voluntarily submit a review, testimonial, suggestion, idea, or other feedback regarding Racing Portrait or our Services, you grant Racing Portrait a non-exclusive, worldwide, royalty-free license to use, reproduce, publish, and display that feedback for legitimate business purposes, including improving and promoting our Services, subject to applicable law.
This provision does not automatically grant Racing Portrait permission to publicly use customer-uploaded photographs or personalized portraits for advertising or marketing.
Any such use will be subject to separate authorization where required.
SECTION 16 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our website may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, availability, shipping, or other information.
We reserve the right to correct errors, inaccuracies, or omissions and to update information where reasonably necessary.
If an error materially affects an order you have already placed, we will handle the matter in accordance with applicable law.
SECTION 17 – PROHIBITED USES
You may not use the Services:
- For unlawful or fraudulent purposes
- To violate applicable laws or regulations
- To infringe intellectual property, privacy, publicity, or other rights
- To upload content you do not have the right to use
- To transmit malware, viruses, or malicious code
- To attempt unauthorized access to our systems or accounts
- To collect or misuse personal information belonging to others
- To interfere with the operation or security of the Services
- To engage in abusive, deceptive, threatening, or harmful conduct
We reserve the right to restrict or terminate access to the Services where these Terms are violated.
SECTION 18 – TERMINATION
We may suspend or terminate access to all or part of the Services where reasonably necessary, including if you violate these Terms, engage in fraudulent or unlawful activity, misuse the Services, or threaten the security or operation of our website.
Rights and obligations arising before termination will survive where appropriate.
SECTION 19 – DISCLAIMER OF WARRANTIES
To the fullest extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis.
We do not guarantee that the Services will always be uninterrupted, secure, error-free, or available.
Because personalized artwork involves artistic interpretation, individual preferences regarding artistic appearance may vary.
Nothing in this section excludes or limits warranties, guarantees, conditions, consumer rights, or remedies that cannot lawfully be excluded under applicable law.
SECTION 20 – LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Racing Portrait will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising from your use of the Services or products.
Nothing in these Terms excludes or limits liability where doing so would be prohibited by applicable law.
Nothing in these Terms limits any mandatory consumer protection rights or remedies available to you.
SECTION 21 – INDEMNIFICATION
To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless Racing Portrait and its applicable affiliates, service providers, officers, employees, and representatives from third-party claims, liabilities, damages, or reasonable costs arising from:
- Your material breach of these Terms;
- Your unlawful misuse of the Services;
- Customer Content you submit without the necessary rights or permissions; or
- Your infringement of another person's intellectual property, privacy, publicity, or other legal rights.
This section does not apply to the extent a claim results from Racing Portrait's own conduct or where indemnification would be prohibited by applicable law.
SECTION 22 – SEVERABILITY
If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed where necessary.
The remaining provisions will continue in full force and effect.
SECTION 23 – WAIVER AND ENTIRE AGREEMENT
Our failure to exercise or enforce a right under these Terms does not constitute a waiver of that right.
These Terms, together with policies and other terms expressly incorporated by reference, constitute the agreement between you and Racing Portrait regarding your use of the Services and purchases made through our store.
SECTION 24 – ASSIGNMENT
You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
We may assign or transfer our rights and obligations in connection with a merger, acquisition, restructuring, sale of the business or assets, or other legitimate business transaction, subject to applicable law.
SECTION 25 – GOVERNING LAW
These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles.
Nothing in this section deprives you of mandatory consumer protection rights or other protections that may apply to you under the laws of your place of residence and that cannot lawfully be excluded by contract.
SECTION 26 – CHANGES TO THESE TERMS
We may update these Terms from time to time to reflect changes to our Services, products, business practices, or applicable legal requirements.
The updated version will be posted on our website with a revised “Last updated” date.
Changes will apply prospectively as required by applicable law. Where required, we will provide additional notice of material changes.
SECTION 27 – CONTACT INFORMATION
If you have questions about these Terms, your order, or our Services, please contact us:
Email: support@racingportrait.com
Phone: +1 (365) 697-5200
Hours: 9:00 AM–6:00 PM EST, Monday to Friday
We typically respond within 24 hours.
