Terms of service

OVERVIEW

Welcome to Onyx & Opal Studios (“Onyx & Opal Studios,” “we,” “us,” “our”). We operate this online store and website, and provide related information, content, features, tools, products, and services (collectively, the “Services”). Our store is powered by Shopify.

These Terms of Service (the “Terms”), together with any policies referenced here (e.g., our Privacy Policy and Return & Refund Policy), describe your rights and responsibilities when you use the Services. By visiting, interacting with, or using the Services, you agree to these Terms and our Privacy Policy ([link]). If you do not agree, do not use the Services.

Affiliate Disclosure. Some links on our site are affiliate links (including Amazon). If you click and purchase, we may earn a commission at no additional cost to you. See Section 8.

1. ACCESS & ACCOUNT

You represent that you are at least the age of majority in your state/province or have consent from a parent/guardian for any minor dependents using devices you own or manage. You may be asked for information (e.g., email, billing, payment, shipping). You warrant all info is accurate and that you have rights to provide it. You are responsible for safeguarding your credentials and all activity under your account.

2. OUR PRODUCTS

We try to show products accurately, but colors/appearance can vary by device/settings. Descriptions may change without notice. We may limit quantities or discontinue products at any time and may restrict sales by person, region, or jurisdiction.

Made-to-Order Apparel. Many Onyx & Opal Co. apparel items are produced on demand by our fulfillment partner Apliiq. Minor variations can occur in print placement, color, or fabric lots and are not defects.

3. ORDERS

Your order is an offer to purchase; we may accept or decline at our discretion. Orders are accepted when payment is processed and we confirm acceptance. Review carefully before submitting—cancellations may not be possible once accepted. If we do not accept or must cancel/change an order, we’ll notify you using the contact details you provided.
Returns and exchanges are governed solely by our Return & Refund Policy ([link]). You agree purchases are for personal/household use, not resale or export.

4. PRICES & BILLING

Prices, promotions, and discounts may change without notice. The price at checkout is the price in effect at the time of order and excludes taxes, shipping/handling, customs or import charges unless stated otherwise. Promotions may have separate terms; if those conflict with these Terms, the promo terms control. You agree to keep your payment details current and authorize us (or our processors) to charge your payment method for all amounts due.

5. SHIPPING & DELIVERY

Delivery windows are estimates only. We are not liable for delays caused by carriers, customs, or events beyond our control. Title and risk of loss pass to you upon our delivery to the carrier or, for marketplace/affiliate items, to the seller’s carrier as described below.

Fulfillment Models

  • Apliiq (POD) Orders. Onyx & Opal Co. apparel is made and shipped by Apliiq. Tracking and lead times reflect their production and shipping schedules.

  • Amazon & Other Affiliate-Linked Items. If you purchase via an external marketplace link (e.g., Amazon), you buy directly from that third-party seller. Their shipping, delivery, and return policies apply (see Section 8). We do not ship or handle those orders.

6. INTELLECTUAL PROPERTY

All trademarks/brands, text, graphics, images, video, audio, and their arrangement in the Services are owned by us or our licensors and protected by applicable IP laws. You may use the Services for personal, non-commercial purposes only. No license is granted except as expressly stated. Onyx & Opal Studios names, logos, and marks are our trademarks. Shopify’s names and marks are trademarks of Shopify. Other marks belong to their owners.

7. OPTIONAL TOOLS & NEW FEATURES

We may provide access to third-party tools “as is” and “as available,” without warranties or endorsements, and with no liability arising from your use. New features released in the Services are also subject to these Terms.

8. THIRD-PARTY LINKS, MARKETPLACES & AFFILIATES

The Services may link to third-party sites, tools, or marketplaces (including Amazon). If you leave our site, you do so at your own risk and must review that third party’s terms and policies.

  • Affiliate Program. We participate in affiliate programs (including Amazon). We may receive commissions on qualifying purchases you make through our links.

  • Marketplace Transactions. When you purchase on a third-party site, your contract is with that seller—not with Onyx & Opal Studios. All order issues (returns, refunds, shipping, warranties) must be handled under that seller’s policies.

9. RELATIONSHIP WITH SHOPIFY

Onyx & Opal Studios is powered by Shopify. Sales made in our store are between you and Onyx & Opal Studios. Shopify is not a party to your transactions and is not responsible for any injury, damage, or loss arising from your purchases. You expressly release Shopify and its affiliates from claims related to your purchases and transactions with us.

10. PRIVACY

Your personal information is handled per our Privacy Policy ([link]) and Shopify’s privacy practices. Because our Services are hosted by Shopify, information you submit may be processed by Shopify and service providers (including outside your country). See our Privacy Policy for details.

11. FEEDBACK

If you submit ideas, reviews, or suggestions (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use and display that Feedback for any purpose. You represent you own/hold rights to the Feedback and that it complies with law and these Terms. We may monitor, edit, or remove unlawful or objectionable Feedback.

12. ERRORS & OMISSIONS

We may correct typographical errors or inaccuracies (including pricing, availability, shipping charges, and descriptions) and update or cancel orders where information was inaccurate, at any time and without prior notice (including after submission).

13. PROHIBITED USES

You agree not to misuse the Services (e.g., unlawful activity; infringing IP; harassing/abusive content; impersonation; malware; scraping; bypassing security). We may suspend or terminate access for violations.

14. TERMINATION

We may terminate or suspend access to the Services at any time. Sections intended to survive (including IP, Feedback, Warranty Disclaimer, Limitation of Liability, Indemnification, Governing Law) will continue to apply.

15. DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY STATED BY US IN WRITING, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant uninterrupted, timely, secure, or error-free operation. Some jurisdictions do not allow certain disclaimers; those limits may apply to you.

16. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ONYX & OPAL STUDIOS (OR OUR OWNERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SERVICE PROVIDERS, OR LICENSORS) BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR LOST PROFITS/REVENUE/GOODWILL/ DATA, ARISING OUT OF OR RELATED TO THE SERVICES OR PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY. Our aggregate liability will not exceed the amounts you paid to us for the product(s) giving rise to the claim.

17. INDEMNIFICATION

You agree to indemnify and hold harmless Onyx & Opal Studios, Shopify, and our respective affiliates and personnel from claims, losses, liabilities, damages, and expenses (including reasonable attorneys’ fees) arising out of your breach of these Terms, violation of law, or misuse of the Services.

18. SEVERABILITY

If any provision is unlawful, void, or unenforceable, the remaining provisions remain in effect.

19. WAIVER; ENTIRE AGREEMENT

Our failure to enforce a provision is not a waiver. These Terms, along with posted policies (including the Privacy Policy and Return & Refund Policy), are the entire agreement between you and us concerning the Services.

20. ASSIGNMENT

You may not assign or transfer these Terms without our prior written consent. We may assign or transfer without restriction.

21. GOVERNING LAW

These Terms are governed by the laws of the State of California and applicable U.S. federal law. Venue and jurisdiction lie in the courts located in Stanislaus County. You consent to personal jurisdiction in those courts.

22. HEADINGS

Headings are for convenience only and do not affect interpretation.

23. CHANGES TO TERMS

You can review the latest Terms at any time on this page. We may update these Terms by posting changes. If required by law, we’ll provide notice of material changes. Your continued use of the Services after changes take effect constitutes acceptance.

24. CONTACT

Questions about these Terms? support@onyxandopal.studio
Trading name: Onyx & Opal Studios
Business address: 455 Market St Ste 1940 PMB 811931 San Francisco, CA 94105
Phone: (628) 363-2472
Registration/Entity number: [insert]
VAT/Tax ID (if applicable): [insert]