Terms of service
These Terms of Service ("Terms") govern your access to and use of the gothart.shop website (the "Site") and any products or services offered through it. By accessing the Site, browsing, or placing an order, you confirm that you have read, understood, and agreed to these Terms in full.
If you do not agree with any part of these Terms, you must not use the Site.
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1. ABOUT THE OPERATOR
The Site and all related services are operated by Hexora Capitals LLC, a limited liability company registered in the State of Wyoming, United States. "GothArt," "we," "us," and "our" refer to this operator. "You," "Customer," or "User" refers to any person accessing the Site or placing an order.
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2. ELIGIBILITY
By using the Site, you confirm that:
(a) You are at least 18 years old, or the legal age of majority in your country of residence, whichever is higher
(b) You have the legal capacity to enter into a binding contract
(c) All personal and payment information you provide is true, current, complete, and lawfully yours to provide
(d) You are not using the Site for any unlawful purpose, on behalf of any sanctioned party, or in any jurisdiction where use of the Site is prohibited
Persons under 18 must not use the Site or place an order under any circumstances.
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3. PRODUCTS
(a) All products on the Site are made to order. We do not maintain ready inventory.
(b) Product images, descriptions, dimensions, weights, materials, and colours are provided in good faith as approximate representations. We do not warrant that the final product will exactly match the photos, descriptions, or specifications shown.
(c) Variations in colour, finish, pattern, dimensions, weight, texture, or material are normal and are not considered defects.
(d) Colours shown on your device may differ significantly from the actual product due to screen calibration, lighting, and rendering. We are not responsible for these differences.
(e) Dimensions stated are approximate. Items may vary from stated measurements without entitling the customer to a refund or replacement.
(f) Daggers and bladed decorative items are sold strictly as decorative display pieces. They are not sharpened and are not intended for use as weapons. You are solely responsible for complying with all laws of your country regarding the import, possession, ownership, and use of bladed items. We are not liable for items seized by customs, confiscated by authorities, or otherwise restricted in your jurisdiction. Orders for such items in restricted jurisdictions are placed at the customer's own risk and are non-refundable if seized or destroyed by authorities.
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4. ORDERS AND ACCEPTANCE
(a) Placing an order constitutes an offer to purchase, not a confirmed contract.
(b) We reserve the right to accept or decline any order, at our sole discretion, for any reason or no reason, including but not limited to: suspected fraud, payment irregularities, shipping restrictions, supplier limitations, or any other commercial consideration.
(c) A binding contract is formed only when we send an order confirmation and begin production. Order confirmation emails are not binding until production begins.
(d) We reserve the right to cancel any order at any time before dispatch and issue a full refund as our sole remedy in such cases.
(e) We reserve the right to limit the quantity, frequency, or destination of any orders placed by any customer.
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5. PRICING AND PAYMENT
(a) Prices are displayed in the currency selected at checkout. Prices do not include customs duties, import taxes, or other fees imposed by your country.
(b) Prices, promotions, and discounts may be changed at any time without prior notice. The price you pay is the price displayed at the time you complete checkout, subject to correction in case of pricing errors.
(c) In the event of an obvious pricing error, we reserve the right to cancel the affected order and refund the payment, even after order confirmation.
(d) Payment is processed through third-party providers including Stripe and Shopify Payments. We do not store full payment card details.
(e) By submitting payment, you confirm you are the authorized holder of the payment method and that the funds are lawfully yours to use.
(f) If your payment fails, is reversed, charged back, or flagged for fraud, we reserve the right to cancel the order, withhold delivery, and refuse future service without notice.
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6. SHIPPING
Shipping is governed by our separate Shipping Policy, available at gothart.shop/policies/shipping-policy. The Shipping Policy is incorporated into these Terms by reference. By placing an order, you agree to be bound by that policy.
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7. REFUNDS AND RETURNS
Refunds and returns are governed by our separate Refund Policy, available at gothart.shop/policies/refund-policy. The Refund Policy is incorporated into these Terms by reference. By placing an order, you agree to be bound by that policy.
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8. INTELLECTUAL PROPERTY
(a) All content on the Site — including the GothArt name, logo, product designs, artwork, photographs, text, video, layout, and all other materials — is owned by Hexora Capitals LLC or its licensors and is protected under United States and international copyright, trademark, and intellectual property laws.
(b) You may not copy, reproduce, distribute, modify, publicly display, transmit, or create derivative works of any GothArt content without our prior written permission.
(c) Purchasing a product transfers ownership of the physical item only. It does not transfer any rights to the underlying design, artwork, or intellectual property.
(d) Unauthorized commercial use, resale, reproduction, or imitation of GothArt designs is prohibited and may result in legal action.
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9. USER CONDUCT
You agree NOT to:
(a) Use the Site for any unlawful purpose
(b) Interfere with the security, integrity, or operation of the Site
(c) Use bots, scrapers, automated tools, or similar technology to access the Site without permission
(d) Impersonate any person or misrepresent your identity
(e) Submit fraudulent orders, fraudulent reviews, or unjustified chargebacks
(f) Harass, threaten, abuse, or defame us or our representatives
(g) Resell GothArt products commercially without written authorization
We reserve the right to refuse service, cancel orders, terminate accounts, or block users at our sole discretion for any actual or suspected violation.
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10. THIRD-PARTY LINKS AND SERVICES
The Site may link to or rely on third-party websites and services, including payment processors, shipping carriers, and social media platforms. We are not responsible for the content, policies, performance, or practices of any third party. Your interactions with any third party are at your own risk.
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11. DISCLAIMER OF WARRANTIES
To the fullest extent permitted by law:
(a) The Site, all content, and all products are provided "as is" and "as available" without any warranty of any kind, express or implied.
(b) We make no warranties regarding accuracy, completeness, reliability, suitability, availability, merchantability, fitness for a particular purpose, or non-infringement.
(c) We do not warrant that the Site will be uninterrupted, secure, error-free, or free from viruses or other harmful components.
(d) We do not warrant that any product will meet your expectations, match the images shown, or perform any particular function.
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12. LIMITATION OF LIABILITY
To the maximum extent permitted by law:
(a) Our total cumulative liability to you for any claim arising from or related to these Terms, the Site, or any product is strictly limited to the amount you actually paid for the specific product giving rise to the claim, and no more.
(b) We are not liable for any indirect, incidental, consequential, punitive, special, or exemplary damages, including but not limited to loss of profits, revenue, data, goodwill, opportunity, or any other intangible loss, even if advised of the possibility.
(c) We are not liable for any damages arising from delays, non-delivery, customs issues, carrier issues, third-party actions, or events outside our reasonable control.
(d) Nothing in these Terms limits liability for fraud, gross negligence, willful misconduct, or any liability that cannot be excluded under applicable law.
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13. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Hexora Capitals LLC, its affiliates, officers, members, employees, agents, and licensors from any claims, damages, liabilities, costs, or legal fees (including reasonable attorney fees) arising from:
(a) Your breach of these Terms or any incorporated policy
(b) Your violation of any law or third-party rights
(c) Your use or misuse of any product purchased from the Site
(d) Any content or information you submit to the Site
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14. CHARGEBACKS AND DISPUTES
You agree to contact us by email regarding any order issue before filing any chargeback, dispute, or complaint with your bank, card issuer, or any payment processor.
Chargebacks filed without first contacting us — particularly for orders delivered with valid tracking — will be disputed with all available evidence, including order records, tracking proof, communication history, IP records, and these Terms accepted at checkout.
We reserve the right to:
(a) Refuse future service to any customer who files a chargeback we deem unjustified
(b) Report unjustified chargebacks to payment processors and fraud databases
(c) Recover legal fees and chargeback fees from customers who file fraudulent disputes
(d) Pursue legal action for fraudulent chargebacks where permitted by law
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15. GOVERNING LAW AND JURISDICTION
These Terms are governed exclusively by the laws of the State of Wyoming, United States, without regard to conflict of law principles or the laws of your country of residence.
Any dispute, claim, or controversy arising from or relating to these Terms, your use of the Site, or any purchase shall be resolved exclusively in the state or federal courts located in the State of Wyoming, United States. You expressly consent to the personal jurisdiction and venue of those courts and waive any objection to such jurisdiction or venue.
This provision does not limit statutory consumer rights in your country of residence that cannot legally be waived under applicable law.
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16. CHANGES TO THESE TERMS
We may update these Terms at any time by posting the revised version on the Site. The "Last updated" date will reflect the most recent revision. Continued use of the Site after changes are posted constitutes acceptance of the updated Terms. You are responsible for reviewing these Terms periodically.
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17. SEVERABILITY
If any provision of these Terms is found invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions remain in full force and effect.
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18. NO WAIVER
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. No waiver is effective unless made in writing and signed by us.
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19. ENTIRE AGREEMENT
These Terms, together with the Refund Policy, Shipping Policy, and Privacy Policy, constitute the entire agreement between you and us regarding the Site and supersede any prior agreements, communications, or representations, whether oral or written.
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20. CONTACT
Email: gothart.shop@gmail.com
We respond to inquiries when able. Other channels are not monitored. We do not guarantee any specific response time.
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GothArt
Managed by Hexora Capitals LLC, registered in the State of Wyoming, United States.