Terms of service

Welcome to The Poet Benjamin. The terms “we,” “us,” and “our” refer to The Poet Benjamin. The Poet Benjamin operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you with a curated online experience (the “Services”). The Poet Benjamin is powered by Shopify, which enables us to provide the Services to you.

These 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 and cover areas such as 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. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access the 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 state, province, or jurisdiction of residence, and that 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, including browsing our online store or purchasing products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete and that you have all rights necessary to provide such information.

You are solely responsible for maintaining 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.

SECTION 2 — OUR PRODUCTS

We make every reasonable effort to represent our products accurately. Because many of our offerings may include books, artwork, prints, handmade pieces, limited editions, and other physical objects, slight variations may occur. Colors and appearance may also differ from what you see on your screen due to differences in devices, displays, settings, printing processes, materials, and, where applicable, the handmade nature of the work.

We do not warrant that the appearance or quality of any product or service purchased by you will exactly match its depiction on our website.

Product descriptions may be changed at any time without notice at our discretion. We reserve the right to discontinue any product at any time and may limit quantities offered to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 — ORDERS

When you place an order, you are making an offer to purchase. The Poet Benjamin reserves the right to accept or decline an order for any lawful reason at our discretion. Your order is not accepted until we confirm acceptance, and payment must be received and processed before an order is accepted.

Please review your order carefully before submitting it. Because some products may be limited, made to order, personalized, or prepared specifically for fulfillment, we may be unable to accommodate cancellation requests after an order has been accepted.

If we decline, modify, or cancel an order, we will attempt to notify you using the email address, billing address, or other contact information provided with the order.

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 unauthorized 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 or service will be the price in effect when the order is placed and will appear in your order confirmation. Unless expressly stated otherwise, posted prices do not include applicable taxes, shipping, handling, customs duties, or import charges.

We may occasionally offer promotions governed by terms separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion-specific terms will govern.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases. You agree to promptly update your information as necessary so that we can complete transactions and contact you when needed.

You represent and warrant that the payment information you provide is true, correct, and complete; that you are authorized to use the selected payment method; and that you will pay all charges incurred at the posted prices, including applicable shipping charges and taxes.

SECTION 5 — SHIPPING AND DELIVERY

Delivery times are estimates and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, weather, or other circumstances outside our reasonable control.

International customers are responsible for any customs duties, import taxes, fees, or other charges imposed by their country or jurisdiction unless expressly stated otherwise.

Once an order has been transferred to the shipping carrier, responsibility for delivery is subject to applicable law and the terms of the carrier.

SECTION 6 — INTELLECTUAL PROPERTY

The Services and their contents—including, without limitation, poetry, written works, artwork, photographs, illustrations, designs, graphics, video, audio, branding, logos, product designs, and the selection and arrangement of such materials—are owned by The Poet Benjamin, its creators, affiliates, or licensors, as applicable, and are protected by United States and international copyright, trademark, and other intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial purposes only. Except where expressly permitted by law or with our prior written consent, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, sell, license, or transmit materials from the Services.

Purchasing an original work, print, book, or other physical product does not transfer the copyright or other intellectual property rights in the underlying work unless expressly agreed to in writing.

Nothing in these Terms grants you a license or other right under any copyright, trademark, patent, or other intellectual property belonging to The Poet Benjamin, Shopify, or any third party except as expressly stated herein.

The Poet Benjamin name, logos, designs, and other identifying marks may not be used without prior written permission. Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other trademarks appearing through the Services belong to their respective owners.

SECTION 7 — OPTIONAL TOOLS

You may be provided access to tools offered by third parties as part of the Services. We do not necessarily monitor or control such tools.

You acknowledge and agree that access to third-party tools may be provided “as is” and “as available” without warranties, representations, or conditions of any kind and without endorsement. To the fullest extent permitted by law, we shall have no liability arising from your use of optional third-party tools.

Your use of such tools is at your own risk and discretion, and you should review the terms and policies of the applicable third-party provider.

We may offer new features, tools, or resources through the Services in the future. Such features will also form part of the Services and will be subject to these Terms.

SECTION 8 — THIRD-PARTY LINKS

The Services may contain links to or materials from third-party websites and services, including embedded third-party functionality.

We are not responsible for examining or evaluating the content, accuracy, policies, practices, products, or services of third-party websites. If you leave our Services to access a third-party website or service, you do so at your own discretion and risk.

We are not liable for harm or damages arising from your access to third-party websites or your purchase or use of third-party products, services, resources, or content. Please review the policies and practices of third parties before engaging in transactions with them.

Questions or concerns regarding third-party products or services should be directed to the applicable third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

The Poet Benjamin is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make through our store are made directly with The Poet Benjamin.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and The Poet Benjamin, including any injury, damage, or loss resulting from purchased products or services. You expressly release Shopify and its affiliates from claims, damages, and liabilities arising from or related to your purchases and transactions with The Poet Benjamin.

SECTION 10 — PRIVACY POLICY

Personal information collected through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify’s Privacy Policy. By using the Services, you acknowledge that you have had an opportunity to review these policies.

Because the Services are hosted by Shopify, Shopify collects and processes certain personal information relating to your access to and use of the Services in order to provide and improve the Services. Information you submit may be transmitted to Shopify and other service providers, including providers located outside your country of residence, as necessary to provide the Services.

Please review our Privacy Policy for further information about how personal information is collected, used, and shared.

SECTION 11 — FEEDBACK

If you submit reviews, ideas, suggestions, feedback, proposals, or similar content regarding our products or Services (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback for purposes relating to operating, evaluating, improving, and promoting the Services.

You represent and warrant that you own or possess the necessary rights to any Feedback you submit, that you have disclosed any compensation or incentives received in connection with it, and that your Feedback complies with these Terms.

We are under no obligation to maintain Feedback in confidence, compensate you for Feedback, or respond to Feedback.

We may monitor, edit, or remove Feedback that we reasonably determine is unlawful, abusive, defamatory, obscene, infringing, or otherwise violates these Terms or the rights of another person.

You are responsible for the content and accuracy of Feedback you submit.

SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information available through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, availability, or other matters.

We reserve the right to correct errors, inaccuracies, or omissions and to update information or cancel orders when information is inaccurate, subject to applicable law.

SECTION 13 — PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not use the Services to violate applicable laws or regulations; infringe the intellectual property or other rights of another person; harass, abuse, threaten, defame, or harm another person; transmit false or misleading information; distribute spam or unauthorized promotional materials; impersonate another person or entity; introduce malicious software; unlawfully collect personal information; interfere with the operation or security of the Services; or otherwise use the Services in a manner that may harm The Poet Benjamin, Shopify, or users of the Services.

You may not reproduce, duplicate, copy, extract, sell, resell, or commercially exploit any portion of the Services except as expressly authorized.

You may not use automated systems, robots, spiders, scraping or data-extraction tools, or AI agents to access or extract content from the Services except as permitted by applicable law or expressly authorized by us.

We reserve the right to suspend or terminate access to the Services if we determine that these Terms have been violated.

SECTION 14 — AGENTS

This section (“Agent Terms”) applies if you use, enable, or cause an autonomous or semi-autonomous software agent (“Agent”) to access or interact with the Services.

No Agent may access or interact with the Services unless it identifies itself appropriately and complies with applicable technical requirements and any instructions or restrictions we establish.

We may use technical measures to limit whether and how Agents access or interact with the Services.

Agents must accurately identify themselves; must not conceal automated activity by imitating human behavior; must not circumvent CAPTCHAs or other measures designed to distinguish automated activity from human activity; must answer truthfully when asked whether an interaction is automated; and must not circumvent measures designed to restrict or control automated access.

SECTION 15 — TERMINATION

We may terminate this agreement or suspend or terminate your access to the Services, or any portion thereof, in accordance with these Terms and applicable law. You remain responsible for amounts properly due through the effective date of termination.

Provisions that by their nature should survive termination—including provisions concerning intellectual property, disclaimers, limitations of liability, indemnification, and governing law—will remain in effect.

SECTION 16 — DISCLAIMER OF WARRANTIES

Information presented through the Services is provided for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of all information presented, and reliance on such information is at your own risk.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY STATED BY THE POET BENJAMIN, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT USE OF THE SERVICES WILL ALWAYS BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

Some jurisdictions do not permit certain warranty exclusions, so some of the foregoing exclusions may not apply to you.

SECTION 17 — LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, THE POET BENJAMIN AND ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS, AND SHOPIFY AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS, ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

SECTION 18 — INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless The Poet Benjamin, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from third-party losses, damages, liabilities, claims, and reasonable attorneys’ fees arising from your breach of these Terms, violation of applicable law or the rights of a third party, or misuse of the Services.

We will provide reasonable notice of an indemnifiable claim. Failure to provide prompt notice will not relieve you of your obligations except to the extent you are materially prejudiced.

SECTION 19 — SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed without affecting the validity and enforceability of the remaining provisions.

SECTION 20 — WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with policies and operating rules posted through the Services, constitute the entire agreement between you and us regarding your use of the Services and supersede prior or contemporaneous agreements, communications, and proposals concerning the Services.

SECTION 21 — ASSIGNMENT

You may not transfer or assign these Terms or your rights or obligations under them without our prior written consent. Any unauthorized attempted assignment is void.

We may transfer or assign our rights and obligations under these Terms as permitted by applicable law.

SECTION 22 — GOVERNING LAW

These Terms of Service and any separate agreements through which we provide the Services shall be governed by and construed in accordance with the laws applicable in the jurisdiction in which The Poet Benjamin is headquartered, without regard to conflict-of-law principles.

To the extent permitted by applicable law, disputes shall be subject to the jurisdiction and venue of the appropriate courts serving that jurisdiction.

SECTION 23 — HEADINGS

Headings are included for convenience only and do not limit or otherwise affect these Terms.

SECTION 24 — CHANGES TO THESE TERMS

You may review the most current version of these Terms at any time on this page.

We reserve the right to update, change, or replace portions of these Terms by posting revisions to our website. Where required by applicable law, we will provide notice of material changes.

Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms to the extent permitted by applicable law.

SECTION 25 — CONTACT INFORMATION

Questions about these Terms of Service may be sent to:

The Poet Benjamin
Email: thepoetbenjamin@gmail.com
Mailing address: The Poet Benjamin, 6699 Fox Centre Pkwy, #207, Gloucester, VA 23061, United States