Terms of service

OVERVIEW
Welcome to Native Shutter! The terms "we," "us," and "our" refer to Native Shutter. Native Shutter operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the "Services"). Native Shutter is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, together with the policies referenced herein (these "Terms and Conditions" or "Terms"), describe your rights and obligations when you use the Services.

Please read these Terms and Conditions carefully as they contain important information about your statutory rights and address issues such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you may 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 state or province of residence and that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or control. To use the Services, including accessing or browsing our online stores or purchasing products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment, and delivery information. You represent and warrant that all information you provide on our stores is accurate, current, and complete, and that you have the legal right to provide such information. You are solely responsible for maintaining the security of your account login information and for all activities under your account. You may not transfer, sell, assign, or license your account to anyone else.

SECTION 2 – OUR PRODUCTS
We have made every effort to display our products and services in our online stores as accurately as possible. However, please note that colors or the appearance of the products may vary from those displayed on your screen depending on the device you use to access the store, as well as its settings and configuration. We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or match those depicted in our online stores. All product descriptions are subject to change at any time and without notice at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of any product we offer to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 – ORDERS
By placing an order, you are making an offer to purchase. Native Shutter reserves the right, at its sole discretion, to accept or decline your order for any reason. Your order will not be considered accepted until confirmed by Native Shutter. Acceptance of your order is contingent upon receipt and processing of your payment. Please review your order carefully before submitting it, as Native Shutter may not be able to honor cancellation requests after an order has been accepted. If we do not accept, change, or cancel an order, we will attempt to notify you via the email address, billing address, and/or phone number provided at the time of order. You represent and warrant that your purchases are for your personal or household use and not for commercial resale or export.

SECTION 4 – WITHDRAWAL 
4.1 Please note that for all products in the "Premium Fine Art Photography Prints" category, the right to withdraw and cancel an order is excluded according to Section 312g Paragraph 2 No. 1 of the German Civil Code (BGB), as these are exclusively custom orders due to their flexible configurability.

4.2 Please note that for all products from the category "High-Res Fine Art Photography Digital Downloads", the right to withdraw and cancel the order according to Section 356 Paragraph 5 of the German Civil Code (BGB) is excluded from the moment the corresponding download is made available.

SECTION 5 – EXPLOITATION RIGHTS AND RESALE
5.1 Please note that by purchasing a work, you only acquire the material ownership of it. No other rights of use are granted. Any reproduction (duplication), distribution, rental, public disclosure, or other analog or digital exploitation is prohibited unless permitted by law or unless the product is explicitly purchased from the "High-Res Fine Art Photography Digital Downloads" category with the option for commercial use.

5.2 You may resell products from the "Premium Fine Art Photography Prints" category at any time. This is not permitted for products from the "High-Res Fine Art Photography Digital Downloads" category.

SECTION 6 – DAMAGE AND COMPLAINTS
If you notice any visible damage to the packaging upon delivery of your purchased products, please inspect the contents in the presence of the delivery person, if possible. If you notice any damage, please take a photo of the damage with your mobile phone or similar device and refuse to accept the shipment.

If you only notice any damage after receiving and unpacking the shipment, please document the damage with two clear photos and contact us immediately with the damage photos at nfo@native-shutter.com

SECTION 7 – PRICING AND INVOICING
Prices, discounts, and special offers are subject to change without prior notice. The price charged for a product or service is the price in effect at the time of your order and will be set forth in the order confirmation email. Unless expressly stated otherwise, prices quoted do not include any taxes, shipping, handling, customs, or import fees. Prices quoted in our online stores may differ from those in brick-and-mortar stores or from online or other stores operated by third parties. We may, from time to time, offer promotions for the Services that may affect pricing and may have different terms and conditions than these Terms. In the event of any inconsistency between the terms of a promotion and these Terms and Conditions, the terms of the promotion will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed. You represent and warrant that (i) the credit card information you provide is true, accurate, and complete, (ii) you are authorized to use the credit card for the purchase, (iii) the charges you incur will be honored by your credit card company, and (iv) you will pay the charges you incur at the posted prices, including shipping and service charges and all applicable taxes.

SECTION 8 – SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs clearance, or events beyond our control. Once we transfer the products to the shipping carrier, title and risk of loss pass to you.

SECTION 9 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, trade dress, text, artwork, images, graphics, product reviews, video and audio files, and the design, selection, and arrangement thereof, are owned by Native Shutter, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms of Service permit you to use the Services solely for personal, non-commercial purposes. Without our prior written consent, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Services. Except as expressly provided herein, nothing in these Terms of Service grants you, nor can any such grant be inferred from these Terms of Service, any license or other right to any patents, trademarks, copyrights, or other intellectual property of Native Shutter, Shopify, or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Native Shutter.
Native Shutter's names, logos, product and service names, designs, and slogans are trademarks of Native Shutter or its affiliates or licensors. You may not use these trademarks without Native Shutter's prior written permission. The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 10 – OPTIONAL TOOLS
You may have access to customer tools provided by third-party providers as part of the Services, which we neither monitor nor have any control nor input into. You acknowledge and agree that we provide access to such tools 'as is' and 'as available' without any warranties, representations, or conditions of any kind and without any endorsement. We disclaim any liability arising from or related to your use of optional third-party tools.
Your use of optional tools offered through the site is entirely at your own risk and discretion. You are responsible for ensuring that you are familiar with and accept the terms and conditions on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features will be considered part of the Services and subject to these Terms and Conditions.

SECTION 11 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party features). We are not responsible for reviewing or evaluating the content or accuracy of any third-party materials or websites that you may access at your own discretion. If you decide to leave the Services to access these third-party materials or websites, you do so entirely at your own risk. We are not liable for any damage or loss that may arise from your access to third-party websites or from your purchase or use of any products, services, resources, or content available on third-party websites. You should carefully review the third party's policies and practices and make sure you understand them before you proceed with any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the applicable third party.

SECTION 12 – AFFILIATION WITH SHOPIFY
Native Shutter is powered by Shopify, which allows us to provide the Services to you. However, all sales and purchases you make through our store are conducted directly with Native Shutter. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the dealings between you and Native Shutter, including any injuries, damages, or losses resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all liability for all claims, damages, and liabilities arising from or related to your purchases and transactions with Native Shutter.

SECTION 13 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, available here [LINK]. In addition, certain personal information may be subject to Shopify's Privacy Policy, available here. By using the Services, you acknowledge that you have read these privacy policies. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve the Services to you. Information you submit to the Services will be shared with Shopify, as well as with third parties who may be located in countries other than your country of residence to provide the Services to you. Our Privacy Policy provides more information about how we, Shopify, and our partners use your personal information.

SECTION 14 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any media for any purpose, including commercial use. For example, we may use our rights under this license to operate, provide, evaluate, enhance, improve, and promote the Services and to perform our obligations and exercise our rights under the Terms of Service. You also represent and warrant that: (i) you own or have full and complete rights to all Feedback Content; (ii) you have disclosed any compensation or incentives you received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms of Service. We are under no obligation to (1) keep your feedback confidential, (2) pay any compensation for your feedback, or (3) respond to your feedback.
We reserve the right, but have no obligation, to monitor, edit, or remove any Feedback that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party's intellectual property or these Terms of Service. You represent and warrant that your Feedback does not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further represent and warrant that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene statements and will be free of any computer virus 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, impersonate any person, or otherwise mislead us or third-parties as to the origin of the Feedback. You are solely responsible for your Feedback and its accuracy. We assume no responsibility or liability for any feedback posted by you or any third party.

SECTION 15 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. In the case of inaccuracies, we reserve the right to correct any errors, inaccuracies, or omissions, to change or update information, or to cancel orders at any time without prior notice (including after you have submitted your order).

SECTION 16 – PROHIBITED USE
You may only access and use the Services for lawful purposes. You may not, directly or indirectly, access or use the Services: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to violate or infringe upon our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse any material that does not conform to these Terms of Service; (g) to transmit or procure the transmission of any advertising or promotional material, including "junk mail," "chain letters," "spam," or other similar solicitation; (h) to impersonate or attempt to impersonate any person or entity; or (i) engage in any other conduct that restricts or inhibits the use and enjoyment of the Services, or which, in our sole discretion, may harm Native Shutter, Shopify, or users of the Services or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will in any way affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track personal information of others; (d) engage in any spam, phishing, pharm, pretext, spider, crawl, or scrape activity; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time and without notice if we determine that you have violated any part of these Terms.

SECTION 17 – TERMINATION OF THE AGREEMENT
We may terminate this Agreement or your access to the Services (or any part thereof) at any time without notice at our sole discretion. You will remain liable for all amounts due up to the date of termination. The following sections shall survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions which by their nature should survive termination.

SECTION 18 – DISCLAIMER OF WARRANTY
The information presented in or through the Services is for general information purposes only. We make no warranty as to the accuracy, completeness, or usefulness of this information. Your reliance on this information is entirely at your own risk. We disclaim all liability and responsibility 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 Native Shutter, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT 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 19 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Native Shutter, 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 REVENUES, LOST SAVINGS, LOSS OF DATA, COST OF REPLACEMENT, OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF YOUR USE OF THE SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM IN ANY WAY RELATED TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ERRORS OR OMISSIONS IN CONTENT, OR LOSS OR DAMAGE OF ANY KIND THAT RESULT FROM THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCTS) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

SECTION 20 – COMPENSATION
You agree to indemnify, defend, and hold harmless Native Shutter, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including reasonable attorneys' fees, made by any third-party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate 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 all compensable claims, provided that failure to do so promptly will not relieve you of your obligations unless you are materially disadvantaged as a result. We may manage the defense and settlement of any such claim at your expense, including the choice of counsel, but will not settle any claim requiring you to make non-monetary commitments without your consent (which consent shall not be unreasonably withheld). You will cooperate in the defense of any claim, including by providing relevant documents.

SECTION 21 – SALVATION CLAUSE
Should any provision of these Terms and Conditions be found to be unlawful, void, or unenforceable, such provision shall nonetheless be in full force and effect to the fullest extent permitted by law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions. Such determination shall not affect the validity and enforceability of any remaining provisions.

SECTION 22 – WAIVER, ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede all 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 of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the party that drafted them.

SECTION 23 – TRANSFER
You may not assign, transfer, or otherwise transfer this Agreement or your rights or obligations under these Terms and Conditions without our prior written consent, and any attempt to do so will be null and void. We may transfer, assign, or delegate these Terms and Conditions and our rights and obligations without consent or notice to you.

SECTION 24 – APPLICABLE LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts of the country in which Native Shutter is headquartered. You and Native Shutter consent to the personal jurisdiction and venue of such courts.

SECTION 25 – HEADINGS
The headings used in this agreement are for convenience only and do not affect these Terms and Conditions.

SECTION 26 – CHANGES TO THE TERMS AND CONDITIONS
You can review the most current version of these Terms 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 of Service by posting updates and changes to our website. It is your responsibility to periodically check our website for changes. We will notify you of any material changes to these Terms in accordance with applicable law. Such changes will be effective 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 of Service constitutes your acceptance of those changes.

SECTION 27 – CONTACT INFORMATION
If you have any questions about the Terms and Conditions, please contact info@native-shutter.com. Our contact information is listed below:
Achim Hofmeyer 
info@native-shutter.com
Eisenlohrstr. 2
69115 Heidelberg, GERMANY
+49 162 219 1508