Terms of service

 

OVERVIEW
Welcome to BANANA-NA-NA! The terms “we,” “us,” and “our” refer to BANANA-NA-NA and its owner and operator. BANANA-NA-NA operates this shop and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a curated shopping experience (the “Services”).

The following terms and conditions, together with all policies referenced herein (these “Terms and Conditions” or “Terms”), describe your rights and obligations when using the Services.

 
Please read these Terms and Conditions carefully, as they contain important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, using, or interacting with our Services, you agree to these Terms and Conditions and our Privacy Policy. If you do not agree, you should not use or access our Services.

 
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms, you confirm that you are at least the age of majority in your state or province of residence and that you have given us consent for your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing or browsing our online shop or purchasing products and services, you may be required to provide certain information such as your email address, billing, payment, and shipping details. You confirm that all information provided is accurate, current, and complete and that you have the necessary rights to provide it.
You are solely responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You may not transfer, sell, assign, or license your account to any third party.

 
SECTION 2 – OUR PRODUCTS – WARRANTY & LIABILITY
We have made every effort to accurately present our products and services in our online shop and to deliver them safely in the studio. 
However, we do not guarantee that the appearance or quality of products created by you (e.g., sculptures, paintings, jewelry) will meet your expectations or match images shown online. We are happy to guide you in creating your artwork, but you are solely responsible for the final result. We accept no liability for dissatisfaction and exclude any refunds.
Furthermore, we exclude any warranty or guarantee for artworks and items created by you and for the materials used.

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 to limit quantities per person, region, or jurisdiction.

 
SECTION 3 – ORDERS
By placing an order, you submit an offer to purchase. BANANA-NA-NA reserves the right to accept or reject any order at its discretion. An order is only accepted once confirmed by us. Payment must be received and processed before acceptance. Please review your order carefully, as cancellations may not be possible after acceptance.
If an order is not accepted, modified, or canceled, we will attempt to notify you via the provided contact details.
Returns and exchanges are governed solely by statutory withdrawal rights. 
You confirm that purchases are for personal or household use only and not for resale or export.

 
SECTION 4 – PRICES AND BILLING
Prices, discounts, and promotions may change without notice. The price charged is the one valid at the time of order and stated in the confirmation email. Unless otherwise stated, prices exclude taxes, shipping, handling, or duties.
Prices may differ from physical stores or third-party platforms. Promotions may have separate terms.
You agree to provide accurate and up-to-date billing and account information and to update it as needed.
You confirm that your payment details are valid, authorized, and that charges will be honored.

 
SECTION 5 – SHIPPING AND DELIVERY
We are not liable for shipping delays. Delivery times are estimates only. Risk transfers to you once goods are handed over to the carrier.

 
SECTION 6 – INTELLECTUAL PROPERTY
All content in the Services (including trademarks, text, images, videos, etc.) is owned by BANANA-NA-NA or its licensors and protected by intellectual property laws. 
You may use the Services only for personal, non-commercial purposes. Unauthorized use is prohibited.
All rights not expressly granted are reserved.
BANANA-NA-NA and Shopify names, logos, and branding are protected trademarks.

 
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools without control or monitoring. These are provided “as is” without warranties. Use is at your own risk.
Future features are also subject to these Terms.

 
SECTION 8 – EXTERNAL LINKS
The Services may include links to third-party websites. We are not responsible for their content or accuracy. Access is at your own risk.
Complaints regarding third-party services should be directed to those providers.

 
SECTION 9 – RELATIONSHIP WITH SHOPIFY
BANANA-NA-NA uses Shopify to provide the Services. All purchases are made directly with BANANA-NA-NA. Shopify is not responsible for transactions or damages arising from purchases. You release Shopify from related claims.

 
SECTION 10 – PRIVACY POLICY
All personal data is governed by our Privacy Policy and, where applicable, Shopify’s Privacy Policy.
Shopify processes data to provide and improve the Services. Data may be transferred internationally. See our Privacy Policy for details.

 
SECTION 11 – FEEDBACK
Any feedback you provide grants us a worldwide, royalty-free, perpetual license to use it.
You confirm you have the rights to such feedback and that it does not violate third-party rights.
We are not obligated to keep feedback confidential, compensate you, or respond.

 
SECTION 12 – ERRORS AND OMISSIONS
We reserve the right to correct errors, update information, or cancel orders at any time without notice.

 
SECTION 13 – PROHIBITED USES
You may only use the Services lawfully. Prohibited uses include illegal activities, IP infringement, harassment, misleading information, spam, impersonation, and harmful conduct.
You also agree not to upload malware, scrape data, use bots/AI tools improperly, or bypass security measures.
We may suspend or terminate your account for violations.

 
SECTION 14 – AGENTS
14.1 This section applies if you use software (“Agents”) to access the Services.
14.2 Agents must identify themselves and comply with rules.
14.3 We may restrict agent access.
14.4 Agents must clearly disclose identity, not mimic humans, and not bypass protections.

 
SECTION 15 – TERMINATION
We may terminate access at any time. You remain liable for outstanding payments.
Certain provisions survive termination.

 
SECTION 16 – DISCLAIMER
Information provided is for general purposes only. Use at your own risk. We disclaim liability for reliance on such information.

 
SECTION 17 – LIMITATION OF LIABILITY
To the fullest extent permitted by law, BANANA-NA-NA and partners are not liable for any damages, including lost profits, data loss, or indirect damages arising from use of the Services.

 
SECTION 18 – STUDIO LIABILITY DISCLAIMER

BANANA-NA-NA, its owners, staff, and employees are not liable for damage or contamination to clothing, shoes, personal items, bags, jewelry, etc., caused during workshops or studio visits through the use of materials such as glue, paints, or other substances.  

As the studio contains small parts that may be swallowed and chemicals (paints, varnishes, adhesives, modeling paste, etc.), it is not suitable for animals or children under 3 years of age. If children under 6 are brought into the studio, they must be supervised at all times by their guardians, who bear full responsibility. BANANA-NA-NA and its staff do not assume any supervisory duty and accept no liability for personal injury or material damage resulting from the use of materials.

BANANA-NA-NA also assumes no liability for damages resulting from the use of artworks outside the studio. Customers are responsible for ensuring safe use. Small detachable parts may pose a choking hazard.

We also assume no liability for loss or damage to personal belongings such as coats or bags. 

SECTION 19 – INDEMNIFICATION
You agree to indemnify BANANA-NA-NA, Shopify, and related parties against claims arising from your breach of these Terms or applicable law.

 
SECTION 20 – SEVERABILITY
If any provision is invalid, the remaining provisions remain enforceable.

 
SECTION 21 – WAIVER; ENTIRE AGREEMENT
Failure to enforce a provision does not waive it. These Terms constitute the entire agreement.

 
SECTION 22 – ASSIGNMENT
You may not transfer your rights without consent. We may assign rights without notice.

 
SECTION 23 – GOVERNING LAW
These Terms are governed by the laws applicable at the registered office of BANANA-NA-NA. Jurisdiction is Vienna.

 
SECTION 24 – HEADINGS
Headings are for convenience only and do not affect interpretation.

 
SECTION 25 – CHANGES TO TERMS
We may update these Terms at any time. Continued use constitutes acceptance of changes.

 
SECTION 26 – CONTACT INFORMATION
Questions about the Terms should be sent to: studio @ banana-na-na.studio