Terms of Service

Overview

Welcome to PRISM KENDAMA S.R.L. The terms “we”, “us” and “our” refer to PRISM KENDAMA S.R.L. PRISM KENDAMA S.R.L. 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”). PRISM KENDAMA S.R.L. 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. By visiting, interacting with or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you should not use or access our Services.

Section 1 – Access and Account

By agreeing to these Terms, you represent that you are at least the age of majority in your country of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own or manage. You may be asked to provide information such as your email, billing, payment, and shipping details. You warrant that this information is correct, current and complete. You are solely responsible for maintaining the security of your account credentials and for all account activity.

Section 2 – Our Products

We strive for accurate representation of our products and services. However, colors or appearance may differ due to device settings. We do not warrant that any product will meet your expectations. All descriptions and prices may change without notice, and we reserve the right to limit quantities or discontinue any product at any time.

Section 3 – Orders

When you place an order, you make an offer to purchase. PRISM KENDAMA S.R.L. reserves the right to accept or decline your order at its discretion. Your order is accepted only once payment is processed and we confirm acceptance. If we decline or cancel an order, we will attempt to notify you using the contact information provided.

Your purchases are subject to our Refund Policy. You represent that your purchases are for personal or household use and not for commercial resale or export. Nothing in these Terms limits your statutory rights under applicable consumer law.

Section 4 – Prices and Billing

Prices, discounts and promotions may change without notice. The price charged will be the price in effect at the time the order is placed. Unless stated otherwise, prices exclude taxes, shipping, customs or import charges. You agree to provide current and accurate payment details and authorize us to charge all applicable amounts, including taxes and shipping.

Section 5 – Shipping and Delivery

We are not liable for delivery delays. All delivery times are estimates only. We are not responsible for delays caused by carriers, customs or events outside our control.

Risk of loss and title pass to you only when you (or a person indicated by you, other than the carrier) take physical possession of the goods. If you choose a carrier other than one offered by us, risk of loss passes when the goods are handed to your chosen carrier.

Section 6 – Intellectual Property

All trademarks, text, images, graphics, videos and designs on the Services are owned by PRISM KENDAMA S.R.L., its affiliates or licensors, and are protected by Romanian, EU, and other applicable intellectual property laws. You may use the Services only for personal, non-commercial purposes. No license or rights are granted except as expressly stated herein.

Section 7 – Optional Tools

We may provide access to third-party tools “as is” and “as available”. We are not liable for your use of such tools and do not provide warranties, representations or conditions of any kind regarding them.

Section 8 – Third-Party Links

Our Services may contain links to third-party websites or materials. We are not responsible for their content, accuracy, or policies. Accessing them is at your own risk; please review their terms before engaging in transactions.

Section 9 – Relationship with Shopify

PRISM KENDAMA S.R.L. is powered by Shopify, which enables us to provide the Services. However, all sales and purchases are made directly with PRISM KENDAMA S.R.L. Shopify is not responsible for any aspect of sales between you and us, and you expressly release Shopify and its affiliates from all claims arising from your transactions with PRISM KENDAMA S.R.L.

Section 10 – Privacy Policy

All personal information we collect is subject to our Privacy Policy, and certain data may also be processed under Shopify’s privacy policy. By using the Services, you acknowledge that you have read both policies.

Section 11 – Feedback

If you submit any ideas, suggestions or feedback (“Feedback”), you grant us a perpetual, worldwide, royalty-free license to use, modify, publish and display such Feedback for any purpose. You warrant that you own all rights to your Feedback and that it does not violate any third-party rights.

Section 12 – Errors, Inaccuracies and Omissions

Occasionally there may be typographical errors or inaccuracies in our Services relating to product descriptions, pricing or availability. We reserve the right to correct such errors and cancel orders affected by them at any time without prior notice.

Section 13 – Prohibited Uses

You may use the Services only for lawful purposes. You agree not to violate any laws, infringe intellectual property rights, harass others, transmit malware or spam, collect personal data unlawfully, or interfere with the operation or security of the Services. We reserve the right to suspend or terminate access for violations.

Section 14 – Termination

We may terminate or suspend your access to the Services at any time without notice. All provisions which by their nature should survive termination will continue in effect, including Intellectual Property, Feedback, Disclaimer, Limitation of Liability, Indemnification, and Governing Law.

Section 15 – Disclaimer of Warranties

The Services and all products offered are provided “as is” and “as available” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose or non-infringement. We do not guarantee that the Services will be uninterrupted or error-free. Some jurisdictions do not allow limitations on implied warranties, so these limitations may not apply to you.

Section 16 – Limitation of Liability

To the fullest extent permitted by law, PRISM KENDAMA S.R.L., its officers, employees, affiliates, agents, contractors, service providers and licensors, and Shopify and its affiliates, shall not be liable for any indirect, incidental, special or consequential damages, including lost profits or data, arising from your use of the Services or products.

Section 17 – Indemnification

You agree to indemnify and hold harmless PRISM KENDAMA S.R.L., Shopify, and their affiliates, partners, officers, directors, employees, agents, contractors, and service providers from any claims or liabilities arising out of your breach of these Terms, your violation of law, or your misuse of the Services.

Section 18 – Severability

If any provision of these Terms is found unlawful or unenforceable, the remaining provisions shall remain valid and enforceable to the fullest extent permitted by law.

Section 19 – Waiver; Entire Agreement

Failure to enforce any right or provision of these Terms shall not constitute a waiver. These Terms and any policies referenced herein constitute the entire agreement between you and PRISM KENDAMA S.R.L. regarding the Services.

Section 20 – Assignment

You may not assign or transfer these Terms or any rights or obligations without our prior written consent. We may assign our rights and obligations without notice.

Section 21 – Governing Law

These Terms of Service and any separate agreements whereby we provide you Services are governed by and construed in accordance with the laws of Romania. Any disputes shall be submitted to the competent Romanian courts.

EU consumers may also use the European Commission’s Online Dispute Resolution (ODR) platform. This does not limit your right to bring proceedings before the competent courts.

Section 22 – Headings

Headings are for convenience only and do not affect interpretation.

Section 23 – Changes to Terms of Service

You can review the most current version of these Terms at any time on this page. We reserve the right to update or change these Terms by posting revisions here. Material changes will be notified in accordance with applicable law. Continued use of the Services after changes constitutes acceptance.

Section 24 – Contact Information

Questions about these Terms should be sent to:

PRISM KENDAMA S.R.L.
Email: prismkendama@gmail.com
Piața Iuliu Maniu, Bl. 31E, Ap. 32, 510094 Alba Iulia AB, Romania
CUI: 52555268
VAT No.: RO52586612