Terms of service
Last updated: April 2026
OVERVIEW
Welcome to blackoutpoet! The terms "we", "us" and "our" refer to blackoutpoet. blackoutpoet operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). blackoutpoet is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights. Your statutory consumer rights are not affected by these Terms where applicable law prevents their exclusion.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should 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 country of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current and complete.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services. However, please note that colors or product appearance may differ from how they appear on your screen due to your device type and settings.
We do not warrant that the appearance or quality of any products purchased by you will meet your expectations or be identical to how they are depicted in our store.
All product descriptions are subject to change at any time without notice. We reserve the right to discontinue any product at any time and may limit quantities per person, geographic region or jurisdiction.
All our products are made to order by third-party suppliers. This means production begins only once your order has been placed. Delivery times therefore include both production and shipping time.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. blackoutpoet reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until blackoutpoet confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting, as blackoutpoet may be unable to accommodate cancellation requests after an order is accepted.
EU customers: You have a statutory right to cancel your order within 14 days of receiving your item, without giving any reason. This right is protected by EU consumer law and cannot be limited by these Terms.
US customers: While not required by US law, we voluntarily offer a 14-day cancellation window from the date of receiving your item, because we stand behind our products.
Your purchases are subject to our Refund Policy. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 – PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
We may offer promotions from time to time that affect pricing and are governed by separate terms. If there is a conflict between promotion terms and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase and payment information for all purchases. You represent and warrant that the payment information you provide is true, correct and complete, and that you are authorized to use the payment method provided.
SECTION 5 – SHIPPING AND DELIVERY
All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control.
EU customers: Risk of loss and damage remains with us until the item is physically delivered to you or a person designated by you. If the carrier fails to deliver within the agreed timeframe, you have the right to cancel your order.
US customers: Once we transfer your order to the carrier, title and risk of loss passes to you. We are not liable for loss or damage occurring after handoff to the carrier.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including all trademarks, brands, text, images, graphics, product reviews, video and audio, are owned by blackoutpoet, its affiliates or licensors and are protected by applicable copyright and intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store or transmit any material from the Services without our prior written consent.
blackoutpoet's names, logos, product and service names, designs and slogans are trademarks of blackoutpoet. You must not use such trademarks without our prior written permission. Shopify's name, logo and trademarks are the property of Shopify.
All artistic works, illustrations and designs sold or displayed in our store are protected by copyright and belong to blackoutpoet or the respective artist. When you purchase a product, you acquire the right to use it for personal, non-commercial purposes only. You may not reproduce, print, distribute, sell or otherwise exploit our designs or artwork without our prior written consent. Unauthorized use may constitute copyright infringement and may result in legal action.
SECTION 7 – OPTIONAL TOOLS
You may be provided with access to tools offered by third parties as part of the Services, which we neither monitor nor have any control over. These tools are provided "as is" and without any warranties. Any use of such tools is entirely at your own risk.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain links to websites operated by third parties. We are not responsible for the content or accuracy of any third-party websites. If you choose to leave our Services to access third-party sites, you do so at your own risk. Complaints or questions regarding third-party products and services should be directed to the third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
blackoutpoet is powered by Shopify. All purchases are made directly with blackoutpoet. Shopify is not responsible for any aspect of transactions between you and blackoutpoet, including any injury, damage or loss resulting from purchased products.
SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy. Because the Services are hosted by Shopify, Shopify also collects and processes certain personal information. Please review our Privacy Policy for details on how we, Shopify and our partners use your personal information. EU customers' data is processed in accordance with GDPR.
SECTION 11 – FEEDBACK
If you submit any ideas, suggestions, feedback or reviews ("Feedback"), you grant us a perpetual, worldwide, royalty-free license to use, reproduce, modify, publish and distribute such Feedback for the purpose of operating and improving the Services.
You represent that you own or have the right to share all Feedback you submit, and that it does not infringe any third-party rights. You are solely responsible for the accuracy of your Feedback.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
There may occasionally be information in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions or availability. We reserve the right to correct any such errors and update information at any time without prior notice.
SECTION 13 – PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not use the Services to:
- Violate any applicable laws or regulations
- Infringe upon intellectual property rights
- Transmit false or misleading information
- Upload viruses or malicious code
- Collect or track the personal information of others
- Spam, phish or scrape the Services
- Interfere with or circumvent the security features of the Services
We reserve the right to suspend or terminate your account if you violate any part of these Terms.
SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services at any time without notice. You will remain liable for all outstanding amounts up to the date of termination. Sections covering intellectual property, liability, indemnification and governing law will survive termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
We make reasonable efforts to ensure the Services and product information are accurate and available. However, we cannot guarantee the Services will always be uninterrupted, error-free or completely accurate.
The Services and products are provided in good faith, but we make no warranties beyond what is expressly stated. Nothing in this section limits or excludes any warranties or rights that cannot be excluded under applicable law.
EU customers: Your statutory rights as a consumer are fully preserved. Under EU law you are entitled to products that conform to the contract. If a product is faulty or not as described, you have the right to repair, replacement, price reduction or refund.
SECTION 16 – LIMITATION OF LIABILITY
To the extent permitted by applicable law, blackoutpoet is not liable for any indirect, incidental, punitive or consequential damages, including lost profits, lost data or replacement costs, arising from your use of the Services or any products purchased through the Services.
EU customers: Nothing in these Terms limits or excludes our liability for personal injury caused by our negligence, fraud, defective products, or any other liability that cannot be limited under applicable EU or national consumer law. Your statutory consumer rights are fully preserved.
US customers: To the fullest extent permitted by law, our total liability for any claim arising from your use of the Services shall not exceed the amount you paid for the product giving rise to the claim.
SECTION 17 – INDEMNIFICATION
You agree to hold harmless and indemnify blackoutpoet, Shopify and their respective partners, officers, employees and agents from any losses, damages or claims arising from your breach of these Terms, your violation of applicable law, or your use of the Services.
SECTION 18 – SEVERABILITY
If any provision of these Terms is found to be unlawful or unenforceable, that provision will be severed and the remaining Terms will continue in full force and effect.
SECTION 19 – ENTIRE AGREEMENT
These Terms of Service constitute the entire agreement between you and us regarding your use of the Services and supersede all prior agreements and understandings.
SECTION 20 – ASSIGNMENT
You may not transfer or assign your rights or obligations under these Terms without our prior written consent. We may transfer or assign our rights and obligations without your consent.
SECTION 21 – GOVERNING LAW AND DISPUTE RESOLUTION
EU customers: These Terms are governed by the laws of your country of residence. As an EU consumer, you benefit from the mandatory consumer protection provisions of your local law. You may bring disputes before the courts of your country of residence. You also have the right to use the EU Online Dispute Resolution platform at: https://ec.europa.eu/consumers/odr
US customers: These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law provisions. Any disputes shall be resolved in the courts of the State of Delaware.
SECTION 22 – CHANGES TO TERMS OF SERVICE
We reserve the right to update or change these Terms at any time. We will notify you of any material changes in accordance with applicable law. Your continued use of the Services after changes are posted constitutes acceptance of the updated Terms.
SECTION 23 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to: info@blackoutpoet.art
blackoutpoet
info@blackoutpoet.art
Eerste Jan Steenstraat 99-1, 1072 NG Amsterdam, The Netherlands
Chamber of Commerce: 98326457
VAT Number: NL868447924B01