Terms of Service — Durkeeville Designs & Novelty Shop (U.S.)

Last updated: September 27th, 2025

Overview
Welcome to Durkeeville Designs & Novelty Shop (“Durkeeville,” “we,” “us,” “our”). We operate this website and store (the “Services”). Our store is powered by Shopify. By using the Services, you agree to these Terms of Service (the “Terms”) and our Privacy Policy ([link to Privacy Policy]). If you do not agree, do not use the Services.

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1) Access & Account

You must be the age of majority in your state of residence, and you consent to minors using devices you own/manage. You agree to provide accurate, current, and complete information. You’re responsible for your account credentials and all activity. Do not sell or transfer your account.

2) Our Products

We try to display products accurately, but colors/appearance can vary by device settings. Descriptions may change without notice. We may limit quantities or discontinue items at any time.

3) Orders

Placing an order is an offer to buy. We may accept or decline at our discretion; acceptance occurs when we confirm and process payment. Orders may not be cancelable once processing begins. Your purchases are subject to our No Refund / All Sales Final Policy. You represent purchases are for personal/household use, not for resale or export.

4) Prices & Billing

Prices, discounts, and promotions may change without notice. The price at checkout governs. Unless stated, prices exclude taxes, shipping, and fees. You agree to keep billing and contact information up to date and warrant you’re authorized to use the chosen payment method.

5) Shipping & Delivery (U.S. Only)

Processing typically takes 2–5 business days; delivery estimates are 5–10 business days after processing (estimates only). We aren’t liable for carrier delays or events beyond our control. Title and risk of loss pass to you when we deliver items to the carrier. See our Shipping Policy for details.

6) Intellectual Property

All content, trademarks, logos, and designs on the Services are owned by Durkeeville or its licensors and protected by law. You may use the Services for personal, non-commercial use only. No reproduction, distribution, or derivative works without our prior written consent. All rights reserved. “Shopify” and related marks are trademarks of Shopify.

7) Optional Tools

Third-party tools may be provided “as is” and “as available.” We don’t control or endorse them and aren’t liable for your use. Your use is at your discretion and subject to the third party’s terms.

8) Third-Party Links

We aren’t responsible for third-party sites or content you access via links on the Services. Review their policies before transacting. Any issues with third-party products/services must be directed to that third party.

9) Relationship with Shopify

Our store is powered by Shopify, but your sales are with Durkeeville Designs & Novelty Shop. Shopify isn’t responsible for your purchases from Durkeeville. You release Shopify from claims arising from your transactions with Durkeeville.

10) Privacy

Your use of the Services is subject to our Privacy Policy. Because the Services are hosted by Shopify, certain personal data is processed by Shopify and its providers as described in their privacy notices.

11) Feedback & Reviews

If you submit reviews, ideas, photos, or other content, you grant us a worldwide, perpetual, royalty-free license to use, reproduce, modify, publish, and display the Feedback for operating, improving, and marketing the Services (e.g., featuring customer photos/reviews on product pages or social). You represent you have rights to your Feedback and it doesn’t violate others’ rights or applicable laws. We may remove Feedback we deem objectionable.

12) Errors & Omissions

Information on the Services may contain errors (including pricing, availability, or shipping timelines). We may correct any errors and update or cancel orders impacted by errors, with or without notice.

13) Prohibited Uses

Do not use the Services: (a) unlawfully; (b) to infringe IP rights; (c) to harass or harm others; (d) to transmit malware or spam; (e) to scrape or crawl without permission; (f) to bypass security; or (g) in a way that interferes with others’ use. We may suspend or terminate access for violations.

14) Termination

We may suspend or terminate access at any time. You remain responsible for charges incurred up to termination. Sections that by their nature should survive (e.g., IP, Feedback, Disclaimers, Liability, Indemnity, Governing Law) do survive.

15) Disclaimer of Warranties

Except as expressly stated by Durkeeville, the Services and all products are provided “as is” and “as available.” We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. Some jurisdictions don’t allow certain disclaimers; if so, those limits apply.

16) Limitation of Liability

To the fullest extent permitted by law, Durkeeville Designs & Novelty Shop and its affiliates, officers, employees, agents, and service providers shall not be liable for indirect, incidental, special, punitive, or consequential damages (including lost profits, revenue, data, or replacement costs). In no event will our total liability exceed the amount you paid for the product(s) giving rise to the claim (or $100 if the claim doesn’t relate to a purchase), unless prohibited by law.

17) Indemnification

You agree to indemnify and hold harmless Durkeeville and its affiliates, officers, employees, agents, and service providers from claims, damages, liabilities, and costs (including reasonable attorneys’ fees) arising from your breach of these Terms, violation of law, or misuse of the Services.

18) Severability

If any provision is found unlawful or unenforceable, it shall be enforced to the maximum extent permitted, and the remainder remains in effect.

19) Waiver; Entire Agreement

A failure to enforce a right isn’t a waiver. These Terms, plus policies posted on the site, are the entire agreement and supersede prior understandings.

20) Assignment

You may not assign these Terms without our written consent. We may assign without notice.

21) Governing Law; Venue

These Terms of Service and any separate agreements whereby we provide you Services are governed by the laws of the State of Michigan, without regard to conflicts of law. You and Durkeeville Designs & Novelty Shop consent to exclusive jurisdiction and venue in the state and federal courts located in St. Clair County, Michigan.

22) Headings

Headings are for convenience only and don’t affect interpretation.

23) Changes to Terms

We may update these Terms by posting a new version with a new “Last updated” date. Material changes will be notified as required by law. Continued use means acceptance.

24) Contact Information

Questions about the Terms of Service may be sent to:

Durkeeville Designs & Novelty Shop
durkeevilledesigns@gmail.com