Terms of service

Last updated: May 2026

Overview

Welcome to Born By Giants. The terms "we", "us", and "our" refer to Majesto Media Group OÜ, an Estonian private limited company trading as Born By Giants. We operate this store and website at bornbygiants.com, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Born By Giants is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions below, 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 carefully — 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, our Refund Policy, and our Privacy Policy. If you do not agree, please do not use or access our Services.

Nothing in these Terms limits or excludes any mandatory consumer rights you have under the law of your country of habitual residence.

1. Access and Account

By agreeing to these Terms, you represent that you are at least 18 years old (or the age of majority in your country of residence, if higher) and have the legal capacity to enter into a binding agreement.

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 information you provide is correct, current, and complete, and that you have the right to provide it.

You are solely responsible for maintaining the security of your account credentials and for all account activity. You may not transfer, sell, assign, or license your account to any other person.

2. Our Products

We have made every effort to represent our products accurately. However, colours and product appearance may differ on your screen depending on the device, settings, and configuration you use. Minor variations between the on-screen image and the delivered product — such as colour rendering, fabric weight tolerance, or print placement on print-on-demand items — are inherent to digital displays and our manufacturing process and are not considered defects.

If your item arrives objectively damaged, defective, or different from what was ordered, our Refund Policy sets out how we will resolve it.

All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product and to limit the quantities offered to any person, region, or jurisdiction.

3. Orders

When you place an order, you are making an offer to purchase. We reserve the right to accept or decline any order at our discretion. Your order is not accepted until we confirm acceptance — typically by sending an order confirmation email. We must receive and process your payment before your order is accepted.

Because most Born By Giants products are made to order, please review your order carefully before submitting; cancellations after we begin production may not be possible.

If we do not accept, change, or cancel an order, we will attempt to notify you using the email, billing address, or phone number provided at the time of the order.

Returns, exchanges, and refunds are governed by our Refund Policy, including the made-to-order exemption to the EU 14-day cooling-off period under Article 16(c) of the EU Consumer Rights Directive.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale.

4. Prices, Taxes, and Billing

All prices displayed to consumers in the European Union and EEA include applicable VAT, in line with EU consumer law. Shipping, handling, and any customs or import duties for non-EU destinations are shown separately at checkout where applicable.

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.

We may run promotions from time to time governed by terms separate from these Terms. If there is a conflict between promotion terms and these Terms, the promotion terms govern only the products and time periods specified.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases, and to update this information promptly as needed.

You represent and warrant that (i) the payment information you provide is true, correct, and complete; (ii) you are duly authorised to use the payment method; and (iii) you will pay all charges incurred at the posted prices, including shipping, handling, and applicable taxes.

5. Shipping, Delivery, and Risk

Delivery times displayed in our store are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events outside our control.

Risk of loss. For consumers resident in the EU/EEA, risk of loss or damage to the products passes to you when you (or a person nominated by you) take physical possession of the products, in accordance with the EU Consumer Rights Directive. For business buyers, risk passes when the products are transferred to the carrier.

6. Intellectual Property

Our Services — including all trademarks, brands, text, displays, images, graphics, video, audio, and the design, selection, and arrangement thereof — are owned by Majesto Media Group OÜ, our affiliates, or our licensors and are protected by EU, international, and national copyright, trademark, and other 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, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent.

Born By Giants™ and related names, logos, designs, and slogans are trademarks of Majesto Media Group OÜ or its licensors. Shopify-related marks belong to Shopify. All other marks belong to their respective owners.

Unauthorised use of the Services may violate intellectual property laws. All rights not expressly granted in these Terms are reserved.

7. Optional Tools

You may be provided with access to third-party tools as part of the Services, which we neither monitor nor control.

You acknowledge that we provide access to such tools "as is" and "as available", without warranties of any kind and without endorsement, except as required by mandatory consumer law. We have no liability arising from your use of optional third-party tools.

Any use of optional tools is at your own risk and discretion. You should familiarise yourself with the terms on which those tools are provided by their respective operators.

We may also offer new features through the Services. Such new features will be deemed part of the Services and subject to these Terms.

8. Third-Party Links

The Services may contain materials and hyperlinks to websites operated by third parties (including embedded third-party functionality). We are not responsible for the content or accuracy of any third-party materials. If you decide to leave the Services to access these materials, you do so at your own risk.

We are not liable for any harm or damages related to your access to third-party websites or your purchase or use of any third-party products, services, or content. Please review the third party's policies and practices before engaging in any transaction with them.

9. Relationship with Shopify

Born By Giants is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Majesto Media Group OÜ, trading as Born By Giants. By using the Services, you acknowledge that Shopify is not responsible for any aspect of any sales between you and us, including any injury, damage, or loss resulting from purchased products and services. You release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with us.

10. Privacy

All personal information we collect through the Services is subject to our Privacy Policy. Certain personal data may also be subject to Shopify's privacy policy. By using the Services, you acknowledge that you have read these policies.

11. Feedback

If you submit any ideas, suggestions, feedback, reviews, proposals, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free, non-exclusive licence to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including for commercial use related to operating, improving, and promoting the Services.

You represent and warrant that: (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentives received in connection with submitting it; and (iii) the Feedback complies with these Terms.

We have no obligation to maintain Feedback in confidence, to compensate you for it, or to respond to it. We may, but are not obligated to, monitor, edit, or remove Feedback that we determine to be unlawful, offensive, or otherwise objectionable.

You may not submit Feedback that violates third-party rights, contains malware, or misleads us as to its origin. You are solely responsible for any Feedback you submit and its accuracy.

12. Errors, Inaccuracies, and Omissions

The Services may occasionally contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, shipping charges, transit times, or availability. We reserve the right to correct any errors and to change or update information at any time without prior notice.

Where an obvious pricing or product error has occurred and an order has already been placed, we will contact you to either correct the order or cancel it with a full refund.

13. Prohibited Uses

You may access and use the Services for lawful purposes only. You may not use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, EU, national, or local laws or regulations; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, defame, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send unsolicited advertising or promotional material ("spam", "chain letters", etc.); (g) to impersonate any other person or entity; or (h) to otherwise restrict, inhibit, or harm the use of the Services by others, or expose us, Shopify, or our users to liability.

You also agree not to: (a) upload viruses or malicious code; (b) reproduce, duplicate, or commercially exploit any portion of the Services; (c) collect or track other users' personal information; (d) spam, phish, or pretext the Services; (e) use any robot, spider, scraper, AI agent, or automated process to access the Services other than as permitted under Section 14 below; or (f) bypass or circumvent security or authorisation features.

We may suspend, disable, or terminate access at any time if we determine that you have violated these Terms.

14. Agents

14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any of our Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity, and which can be executed on behalf of or using a person's device without direct supervision.

14.2 No Agent may access, use, or interact with the Services unless it identifies itself and operates in strict accordance with Section 14.4. No Agent may access the Services if we have requested that the Agent refrain from doing so.

14.3 We may limit, including by technical measures, whether and how any Agent accesses the Services.

14.4 Agents must: (i) in all HTTP/HTTPS requests, identify the request as coming from an Agent and disclose the Agent's name in the user-agent string in the form Agent/[agent name]; (ii) not conceal or obfuscate that interactions are from an Agent (for example, by mimicking human behaviour or completing CAPTCHAs intended to distinguish humans from machines); (iii) respond truthfully to any question asking whether interactions are from a human or a machine; and (iv) not circumvent any measure intended to block, limit, or control Agent activity.

15. Termination

We may terminate this agreement or your access to the Services (or any part) at any time, in accordance with applicable law. You will remain liable for all amounts due up to the date of termination.

The following sections survive termination: 6 (Intellectual Property), 10 (Privacy), 11 (Feedback), 15 (Termination), 16 (Disclaimer of Warranties), 17 (Limitation of Liability), 18 (Indemnification), 19 (Severability), 20 (Waiver; Entire Agreement), 21 (Assignment), 22 (Governing Law and Dispute Resolution), and any other provisions that by their nature should survive.

16. Disclaimer of Warranties

To the fullest extent permitted by applicable law, the Services and all products offered through them are provided "as is" and "as available", without representations, warranties, or conditions of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, durability, title, or non-infringement. We do not guarantee that the Services will be uninterrupted, timely, secure, or error-free.

Nothing in this Section limits or excludes the statutory rights of consumers under applicable law, including the EU Sale of Goods Directive (Directive 2019/771), the Estonian Law of Obligations Act, or other mandatory consumer protections that cannot be waived by contract. Where you are a consumer, you have non-waivable statutory rights that operate alongside (and override where conflicting with) the disclaimers above.

17. Limitation of Liability

To the fullest extent permitted by applicable law, in no case shall Majesto Media Group OÜ, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors, or those of Shopify and its affiliates, be liable for any indirect, incidental, punitive, special, or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data, or replacement costs, arising from your use of the Services or any products procured through them, even if advised of the possibility of such damages.

Our total aggregate liability to you for any claim arising out of or relating to these Terms or your use of the Services is limited to the greater of (a) the amount you paid us in the twelve months preceding the event giving rise to the claim, or (b) €100.

Nothing in this Section limits or excludes: (i) liability for death or personal injury caused by our negligence; (ii) liability for fraud or fraudulent misrepresentation; (iii) liability for gross negligence or wilful misconduct; or (iv) any liability that cannot be limited or excluded under applicable mandatory consumer law. Where you are a consumer, your statutory rights apply in full.

18. Indemnification

You agree to indemnify, defend, and hold harmless Majesto Media Group OÜ, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable legal fees, payable to any third party arising out of (1) your breach of these Terms or any incorporated documents, (2) your violation of any law or third-party rights, or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim. We may control the defence and settlement of such claim at your expense, but will not settle any claim that requires non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defence as reasonably required.

This Section does not apply where you are a consumer and the claim arises from your ordinary use of the Services as a consumer, except in cases of bad faith, fraud, or wilful misconduct.

19. Severability

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision is enforceable to the fullest extent permitted by applicable law and the unenforceable portion is severed from these Terms. The remaining provisions continue in full force.

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 any policies or operating rules posted by us on this site or in respect to the Services, constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements between us. Any ambiguities in these Terms shall not be construed against the drafting party.

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, and any such attempt is void. We may transfer, assign, or delegate these Terms and our rights and obligations to a successor or affiliate without your consent, provided your rights are not materially diminished.

22. Governing Law and Dispute Resolution

These Terms and any separate agreements under which we provide you Services are governed by the laws of the Republic of Estonia, without regard to conflict-of-laws principles. The courts of Tallinn, Estonia shall have exclusive jurisdiction over any dispute arising from or relating to these Terms or the Services.

Consumer protection. If you are a consumer resident in the EU/EEA, the choice of law and forum above does not deprive you of the protection of the mandatory consumer law of your country of habitual residence, and you may bring proceedings in the courts of that country in accordance with EU Regulation 1215/2012 (Brussels I recast) and Regulation 593/2008 (Rome I).

Online Dispute Resolution. The European Commission provides an Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr. EU consumers may use this platform to resolve disputes related to online purchases. You may also contact us directly at store@bornbygiants.com to raise any complaint, which we will aim to resolve in good faith.

23. Headings

The headings in these Terms are included for convenience only and do not limit or otherwise affect interpretation.

24. Changes to Terms

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

We reserve the right to update, change, or replace any part of these Terms by posting updates and changes to our website. We will notify you of any material changes in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of the Services following the effective date of any changes constitutes acceptance of those changes.

25. Contact

Majesto Media Group OÜ (trading as Born By Giants) Narva maantee 5, 10117 Tallinn, Estonia Estonian Business Register code: 14976093 EU VAT number: EE102334030 Email: store@bornbygiants.com