Terms of service

Terms of Service

Effective Date: 10/15/2025

This website is operated by Night Art Gallery, a Minnesota-based entity doing business as NightArtGallery.com. Throughout the site, the terms “we,” “us,” and “our” refer to Night Art Gallery. By accessing or using this website, you agree to be bound by the following Terms of Service (“Terms”), including any additional terms, conditions, and policies referenced herein or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, customers, merchants, and/or contributors of content.

Access and Account
By using this site, you represent that you are at least the age of majority in your state or province of residence. You agree to provide accurate, current, and complete account and purchase information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Our Products
All products offered on this site are subject to availability and may be withdrawn or modified at any time without notice. We make reasonable efforts to display product colors and details accurately; however, we do not warrant that your device’s display will reflect actual product characteristics.

Orders
We reserve the right to refuse any order placed with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. In the event that we make a change to or cancel an order, we may attempt to notify you via the contact information provided at the time of purchase.

Prices and Billing
All prices are listed in U.S. dollars and are subject to change without prior notice. We reserve the right to correct any pricing errors. You agree to pay all charges incurred by you or any users of your account and payment method at the prices in effect when such charges are incurred.

Shipping and Delivery
We ship exclusively within the United States. Shipping times are estimates and not guarantees. Title and risk of loss for all products pass to you upon delivery confirmation by the carrier. We are not liable for packages lost or stolen after confirmed delivery.

Intellectual Property
All content on this site, including but not limited to text, graphics, logos, images, and software, is the property of Night Art Gallery or its licensors and is protected by applicable intellectual property laws. Unauthorized use of any content is strictly prohibited.

Optional Tools
We may provide access to third-party tools over which we neither monitor nor have any control. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties or conditions of any kind.

Third-Party Links
Certain content, products, and services available via our site may include materials from third parties. Third-party links on this site may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites.

Relationship with Shopify
This store is hosted on Shopify Inc., which provides the online e-commerce platform that allows us to sell our products and services to you. Your use of the site is also subject to Shopify’s terms and policies.

Privacy Policy
Your use of this site is governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information.

Feedback
If you submit feedback, suggestions, or ideas, you grant us the right to use them without restriction or compensation.

Errors, Inaccuracies, and Omissions
Occasionally there may be information on our site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors and to update information at any time without prior notice.

Prohibited Uses
You are prohibited from using the site or its content for any unlawful purpose, to solicit others to perform or participate in unlawful acts, to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances, or to infringe upon or violate our intellectual property rights or the intellectual property rights of others.

Termination
We may terminate or suspend your access to the site at any time, without notice, for any reason, including breach of these Terms.

Disclaimer of Warranties
We do not guarantee that the site will be uninterrupted, secure, or error-free. All products and services are provided “as is” and “as available” without any representation, warranties, or conditions of any kind.

Limitation of Liability
Night Art Gallery shall not be liable for any indirect, incidental, punitive, or consequential damages of any kind. Our total liability is limited to the amount paid for the product in question.

Indemnification
You agree to indemnify, defend, and hold harmless Night Art Gallery and its affiliates from any claim or demand, including reasonable attorneys’ fees, arising out of your breach of these Terms or your violation of any law or the rights of a third party.

Severability
If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms.

Waiver
Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

Entire Agreement
These Terms constitute the entire agreement between you and Night Art Gallery regarding your use of the site and supersede any prior or contemporaneous agreements.

Assignment
You may not assign your rights or obligations under these Terms without our prior written consent.

Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Minnesota. Any disputes shall be resolved exclusively in the courts of Chisago County, Minnesota.

Headings
Section headings are included for convenience only and shall not affect the interpretation of these Terms.

Changes to Terms of Service
We reserve the right to update, change, or replace any part of these Terms by posting updates to our website. Your continued use of the site following the posting of changes constitutes acceptance of those changes.

Contact Information
Questions about the Terms of Service should be sent to:
Night Art Gallery
Lindström, MN
orders.nightartgallery@gmail.com