Terms of service
TERMS OF SERVICE
Last updated: September 11, 2026
OVERVIEW
Welcome to Kms District Art! The terms “we,” “us,” and “our” refer to Kms District Art. Kms District Art operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, as a customer, with a personalized shopping experience (the “Services”). Kms District Art uses the Shopify platform, which enables us to provide you with the Services.
The following terms and the policies referenced herein (collectively, the “Terms of Service” or “Terms”) describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they contain important information about your legal rights, including warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access our Services.
ARTICLE 1 – ACCESS AND ACCOUNT
By accepting these Terms of Service, you represent that you have reached the legal age of majority in your state or province of residence and consent to allow your minor children to use the Services on devices that you own, purchase, or manage.
To use the Services, including to access or browse our online stores or purchase any products or services we offer, you may be required to provide certain information, such as your email address and billing, payment, and shipping information.
You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for the security of your account credentials and for all activity associated with your account. You may not transfer, sell, assign, or license your account to another person.
ARTICLE 2 – OUR PRODUCTS
We have made every effort to present our products and services as accurately as possible in our online stores. However, please note that product colors or appearance may differ from what is displayed on your screen due to the type of device you use to access the store and its settings and configuration.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to what is displayed or rendered in our online stores.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of products we offer to any person, geographic region, or jurisdiction on a case-by-case basis.
ARTICLE 3 – ORDERS
When you place an order, you are making an offer to purchase. Kms District Art reserves the right to accept or reject your order for any reason, at its discretion.
Your order is not considered accepted until Kms District Art provides written confirmation. We must receive and process your payment before your order is confirmed.
Please carefully review your order before submitting it, as Kms District Art may not be able to accept cancellation requests once the order has been confirmed.
If your order is rejected, modified, or cancelled, we will attempt to contact you using the email address, billing address, and/or telephone number provided when placing the order.
Your purchases are subject to the return or exchange conditions set out in our Refund Policy [LINK].
You represent and warrant that your purchases are intended for personal or household use and not for commercial resale or export.
ARTICLE 4 – PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time of the order and will be stated in your order confirmation email.
Unless expressly stated otherwise, displayed prices do not include taxes, shipping costs, handling fees, customs duties, or import fees.
Prices displayed in our online stores may differ from those offered in physical stores or on other online platforms operated by third parties.
We may offer promotions for our Services from time to time that may affect prices and are governed by separate terms and conditions. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores.
You agree to promptly update your information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you if necessary.
You represent and warrant that:
(i) your credit card information is accurate, correct, and complete;
(ii) you are authorized to use the card for the purchase;
(iii) the charges incurred will be honored by the card issuer; and
(iv) you will pay the charges incurred at the prices displayed, including shipping and handling charges and all applicable taxes.
ARTICLE 5 – SHIPPING AND DELIVERY
We cannot be held responsible for shipping or delivery delays. All stated delivery times are estimates and are not guaranteed.
We are not responsible for delays caused by carriers, customs procedures, or events beyond our control.
Once the products have been handed over to the carrier, ownership and the risk of loss are transferred to you.
ARTICLE 6 – INTELLECTUAL PROPERTY
Our Services, including, without limitation, all registered trademarks, trademarks, text, displays, images, graphics, product reviews, videos, and audio content, as well as their design, selection, and arrangement, are the exclusive property of Kms District Art, its affiliates, or its licensors.
They are protected by U.S. and foreign patent, copyright, and intellectual property laws.
These Terms authorize you to use the Services solely for personal and non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material available through the Services without our prior written consent.
Unless expressly provided otherwise in these Terms, nothing shall be construed as granting you any license or other right under any patent, trademark, copyright, or other intellectual property of Kms District Art, Shopify, or any third party.
Any unauthorized use of the Services may constitute a violation of federal or state intellectual property laws. All rights not expressly granted in these Terms are reserved by Kms District Art.
The names, logos, product and service names, designs, and slogans of Kms District Art are trademarks of Kms District Art, its affiliates, or its licensors. You may not use them without the prior written authorization of Kms District Art.
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 appearing on the Services are trademarks of their respective owners.
ARTICLE 7 – OPTIONAL TOOLS
You may have access to third-party customer tools as part of the Services that we do not monitor and over which we have no control or input.
You acknowledge and agree that we provide access to these tools “as is” and “as available,” without any warranty, representation, or condition of any kind and without endorsement by us.
We accept no liability arising from or related to your use of optional third-party tools.
Use of optional tools offered on the website is entirely at your own risk and discretion.
You are responsible for ensuring that you understand and agree to the terms applicable to such tools as provided by the relevant third-party provider(s).
We may also offer new features through the Services in the future, including new tools and resources. Such new features will be considered part of the Services and will be subject to these Terms of Service.
ARTICLE 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties, including integrated third-party features.
We are not responsible for reviewing or evaluating the content or accuracy of materials or third-party websites that you choose to access.
If you choose to leave the Services to access such third-party materials or websites, you do so at your own risk.
We accept no liability for any loss or damage related to your access to third-party websites or to the purchase or use of products, services, resources, or content on such websites.
We encourage you to carefully review and understand the policies and practices of third parties before entering into any transaction.
Claims, complaints, concerns, or questions regarding third-party products and services should be addressed directly to the relevant third party.
ARTICLE 9 – RELATIONSHIP WITH SHOPIFY
Kms District Art is powered by Shopify, which enables us to provide the Services to you.
However, any sale or purchase made through our Store is conducted directly with Kms District Art.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Kms District Art, including any damage, loss, or injury resulting from products or services purchased.
You expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or related to your purchase and transaction with Kms District Art.
ARTICLE 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, available here [LINK].
Certain personal information may also 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 relating to your access to and use of the Services in order to provide and improve them.
Information you submit through the Services will be transmitted to and shared with Shopify and with third parties who may be located in countries different from the country in which you reside, in order to provide you with the Services.
Please consult our Privacy Policy [LINK] for more information about how we, Shopify, and our partners use your personal information.
ARTICLE 11 – 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, non-exclusive license to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose, including commercial purposes.
We may, for example, use our rights under this license to operate, provide, evaluate, improve, and promote the Services and to fulfill our obligations and exercise our rights under these Terms of Service.
You also represent and warrant that:
(i) you own or have all necessary rights to the Feedback;
(ii) you have disclosed any compensation or incentive received in connection with submitting your Feedback; and
(iii) your Feedback complies with these Terms.
We are under no obligation to:
(1) maintain the confidentiality of your Feedback;
(2) pay compensation for your Feedback; or
(3) respond to your Feedback.
We may, but are not obligated to, monitor, modify, or remove any Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that infringes the intellectual property rights of any party or these Terms of Service.
You agree that your Feedback will not violate any third-party rights, including copyrights, trademarks, privacy rights, publicity rights, or other personal or proprietary rights.
You further agree that your Feedback will not contain defamatory, unlawful, abusive, or obscene material, or any computer virus or malware that could affect the operation of the Services or any related website.
You may not use a false email address, impersonate another person, or otherwise mislead us or third parties regarding the origin of Feedback.
You are solely responsible for your Feedback and its accuracy. We assume no responsibility and accept no liability for Feedback posted by you or any third party.
ARTICLE 12 – ERRORS, INACCURACIES, AND OMISSIONS
The Services may occasionally contain information with typographical errors, inaccuracies, or omissions, particularly concerning product descriptions, prices, promotions, offers, shipping costs, transit times, or product availability.
We reserve the right to correct any errors, inaccuracies, or omissions and to modify or update information or cancel orders if any information is inaccurate, at any time and without prior notice, including after you have submitted your order.
ARTICLE 13 – PROHIBITED USES
You may access and use the Services only for lawful purposes.
You are strictly prohibited from accessing or using the Services, directly or indirectly:
(a) for unlawful or malicious purposes;
(b) in violation of any regulation, rule, or international, federal, state, provincial, or local law;
(c) in a manner that infringes the intellectual property rights of Kms District Art, Shopify, or third parties;
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or otherwise injure any of our employees or any other person;
(e) to transmit false or misleading information;
(f) to knowingly transmit, receive, download, use, or reuse any content that does not comply with these Terms;
(g) to transmit or cause the transmission of any advertising or promotional material, including spam, chain letters, junk mail, or similar solicitations;
(h) to impersonate any person or entity or attempt to do so;
(i) to engage in any conduct that could restrict or inhibit another person’s use or enjoyment of the Services or that, in our judgment, could harm Kms District Art, Shopify, users of the Services, or expose them to liability.
In addition, you agree not to:
(a) upload or transmit viruses or other malicious code that could affect the operation or functioning of the Services;
(b) reproduce, duplicate, copy, extract, sell, resell, or exploit any part of the Services;
(c) collect or track the personal information of others;
(d) engage in spam, phishing, pharming, or pretexting through the Services;
(e) use bots, spiders, scraping tools, data collection or extraction tools, automated devices, AI tools (including agentic AI), or any automated or manual means to access the Services;
(f) interfere with, circumvent, or disable security or authorization features, robots exclusion headers, or any other measures we implement to restrict access.
We reserve the right to suspend, disable, or terminate your account at any time and without prior notice if we determine that you have violated any provision of these Terms.
ARTICLE 14 – AGENTS
14.1 This section (“Agent Terms”) applies if you use, authorize, activate, or cause the deployment of an Agent to access, use, or interact with the Services.
An “Agent” means any software or service acting autonomously or semi-autonomously on behalf of a person or entity, or at their instruction, and which may operate on a device owned or used by a person without direct supervision.
14.2 No Agent may access, use, or interact with the Services unless it continuously identifies itself and operates in strict compliance with the conditions set out in Section 14.4 below.
Furthermore, no Agent may access, use, or interact with the Services if we have requested that such Agent refrain from accessing, using, or interacting with any service.
14.3 We may limit, including through technical measures, the ability and manner in which an Agent accesses, uses, or interacts with the Services.
14.4 Agents must:
(i) in all HTTP/HTTPS requests, indicate that the request originates from an Agent and disclose the Agent’s name by including the following designation in the user-agent string: “Agent/[Agent Name]”;
(ii) not conceal or disguise the fact that access, use, or interactions originate from an Agent, including by:
(a) imitating human behavior or interaction patterns; or
(b) bypassing or completing CAPTCHAs or measures intended to distinguish computer use from human use;
(iii) answer truthfully any question or prompt intended to determine whether the interactions originate from a human or a computer;
(iv) not circumvent or avoid any measure intended to block, limit, modify, or control Agents’ access to, use of, or interactions with the Services.
ARTICLE 15 – TERMINATION
We reserve the right to terminate this agreement or your access to the Services, or any part thereof, at our sole discretion, at any time and without prior notice.
You will remain responsible for all amounts owed up to and including the date of termination.
The following provisions will survive any termination:
Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Applicable Law, Privacy Policy, and any other provision whose nature requires it to survive termination.
ARTICLE 16 – DISCLAIMER OF WARRANTIES
The information provided on or through the Services is made available for informational purposes only.
We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.
We disclaim all liability and warranties regarding any consequences arising from your use of such information, by any other visitor to the Services, or by any person who becomes aware of its content.
UNLESS EXPRESSLY STATED OTHERWISE BY KMS DISTRICT ART, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY WARRANTY, REPRESENTATION, OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT 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 WARRANTIES OR OTHER WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
ARTICLE 17 – LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KMS DISTRICT ART, OUR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, SUPPLIERS, OR LICENSORS, NOR SHOPIFY OR ITS AFFILIATES, BE LIABLE FOR ANY LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, SAVINGS, DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY ERROR OR OMISSION IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ARTICLE 18 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Kms District Art, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any loss, damage, liability, or claim, including reasonable attorneys’ fees, asserted by a third party and arising from:
(1) your breach of these Terms of Service or the documents incorporated 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 any claim covered by this indemnification, provided that failure to provide prompt notice will not relieve you of your obligations unless you suffer substantial prejudice as a result.
We may assume the defense and settlement of any claim at your expense, including the selection of legal counsel, but we will not settle any claim involving non-monetary obligations on your part without your consent, which you may not unreasonably withhold.
You will cooperate in the defense of claims covered by this indemnification, including by providing relevant documents.
ARTICLE 19 – SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision will remain enforceable to the maximum extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms of Service.
Such determination will not affect the validity or enforceability of the remaining provisions.
ARTICLE 20 – WAIVER; ENTIRE AGREEMENT
Failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.
These Terms of Service, together with any policies or operating rules posted by us on this site or relating 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 previous versions of these Terms of Service.
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.
ARTICLE 21 – ASSIGNMENT
You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent.
Any attempted unauthorized assignment shall be null and void.
We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or prior notice.
ARTICLE 22 – GOVERNING LAW
These Terms of Service, as well as any separate agreement under which we provide the Services to you, shall be governed by and construed in accordance with the federal laws and the laws of the states or territories of the courts having jurisdiction in the jurisdiction where Kms District Art has its registered office.
You and Kms District Art expressly consent to the territorial and personal jurisdiction of such courts.
ARTICLE 23 – HEADINGS
The headings used in this agreement are provided for convenience only and shall not affect or limit the interpretation of these Terms.
ARTICLE 24 – CHANGES TO THE TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes on our website.
It is your responsibility to check our website periodically for changes.
We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice.
Your continued use of or access to the Services after changes to these Terms have been posted constitutes acceptance of those changes.
ARTICLE 25 – CONTACT INFORMATION
For any questions regarding these Terms of Service, please contact us at:
Our contact details are:
KMS District Art
SCHMITT Nicolas
8, Place de l’Hôtel de Ville
68500 Guebwiller
France
SIRET: 10935016500014
Email: contact@kmsdistrict.com
VAT not applicable – Article 293 B of the French General Tax Code