Term 48 – Terms of Service

TERMS OF SERVICE

{{shop_name}} (“we,” “us,” or “our”) thanks you for visiting this website (“Site”). The following terms of service including the privacy policy below (collectively, the “Terms”) govern your use of our site. Any use of our Site constitutes full acceptance of our Terms. If you do not agree to these Terms, please do not use this Site. {{shop_name}} reserves the right to modify these Terms at any time without prior notification. Site users agree upon and abide by these changes accordingly without notice. Please review this page periodically for changes.

Site Content

All of the content that appears on the {{shop_name}} web site, including all text, audio and video clips, are subject to copyright protections and intellectual property rights or licenses held by {{shop_name}}. The entire content of the {{shop_name}} web site is copyrighted as a collective work under U.S. copyright laws. {{shop_name}} grants you a limited license to access and make personal use of the content on this website. Content of the {{shop_name}} website is intended solely for the personal, noncommercial use by users of our Site.

Notice(s)

{{shop_name}} may contact you or provide you with service-related and/ or promotional notices by means of postal mail, electronic mail, general site notifications and more using the contact information you have provided to us.

Product Variation

Subtle variations can add to the uniqueness of each product. Our products may be handmade, each different than the next, and be limited in quantity and availability. We have done our best to display our items as accurately as possible. Please be aware, however, that variations in color, size, shape and look may occur. If you are not satisfied your purchase, please review our returns page for further assistance.

Pricing & Discounts

We are a US company and all prices are in U.S. Dollars (USD). If you are located in another country, or your bank or card provider processes transactions in another currency, the price you are charged is subject to applicable conversion rates and fees. The terms of this paragraph apply to all of our promotional offers unless otherwise specifically provided in the applicable terms of a particular promotional offer: Only one discount or coupon code can be applied per purchase. Offers cannot be redeemed for cash or applied to past orders. All offers are valid while supplies last. We reserve the right to substitute any product at our discretion and the right to limit quantities and discounts without notice. No discounts are valid for bulk orders or for gift card purchases. Free or discounted shipping offers are only valid for orders within the United States.

Site Use

You are prohibited from accessing or using the {{shop_name}} Site for any illegal or unauthorized purpose and agree to comply with all laws and regulations in the use of the Site and any programs related to it. Harassment in any manner or form of the Site, including via e-mail and chat or by obscene or abusive language, is strictly forbidden. While {{shop_name}} cannot monitor the conduct of its users, it is a strict violation of these Terms to use any information obtained from our Site in order to harass, abuse or harm another person, or in order to contact, advertise, solicit or sell to any user without his/her prior explicit consent. You further agree that no comments or other user submissions submitted by you will violate any right of any third party, including copyright, trademark, privacy or other rights. You further agree that no comments submitted by you will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make. {{shop_name}} may terminate its site at any time, and you will still be bound by your obligations under these Terms. {{shop_name}} shall not be liable to you or any third-party for any termination of your access.

Submissions

User comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to {{shop_name}} on or by this Site shall be and remain {{shop_name}} property. Users assign all property rights and interests to {{shop_name}} allowing our company unlimited use, commercial or otherwise, of any comments. {{shop_name}} shall be under no obligation to maintain any comments in confidence, pay users any compensation for any comments or respond to any comments.

Errors

The information on the {{shop_name}} website may contain typographical errors or inaccuracies. We reserve the right to update any information we see fit at any time without prior notice. Please note that such errors may relate to product information, pricing, color, style and availability. We shall have the right to terminate any orders involving errors or inaccuracies.

Indemnity

You indemnify, defend and hold {{shop_name}} (its employees, officers, directors, agents, subsidiaries, members, shareholders, partners and joint ventures) harmless from any claim or demand, as well as losses, expenses, damages and costs, resulting from any violation of these Terms or any activity related to your account or use of this Site (including negligent or wrongful conduct).

Third Parties

{{shop_name}} may use and promote services provided by outside third parties. However, even if the third party is affiliated with {{shop_name}}, we do not control these services and make no representations regarding these persons or entities. We are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any such parties. Outside sites linked on our Site, all of which have separate privacy and data collection practices, are only for your convenience and therefore you access them at your own risk. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD PARTY WEBSITE OR MERCHANT OR OPERATOR OF SUCH A THIRD PARTY WEBSITE.

DISCLAIMER

ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED ARE PROVIDED TO YOU “AS IS” WITHOUT ANY GUARANTEES OR WARRANTY. IN CONNECTION WITH ALL CONTENT, PRODUCTS AND SERVICES ON THIS SITE, {{shop_name}} MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. USE OF THE SITE AND ANY PRODUCTS SOLD BY THE SITE BY A USER ARE AT THE USER’S SOLE RISK.

LIMITATION OF LIABILITY

{{shop_name}} SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS, PRODUCTS AND SERVICES ON OR SOLD THROUGH THIS SITE OR THE PERFORMANCE OF ANY ITS PRODUCTS (EVEN IF {{shop_name}} HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

The {{shop_name}} mobile message service (the “Service”) is operated by {{shop_name}} (h“{{shop_name}}”, “we”, “us” or “ours”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Service provides updates, alerts, and information (e.g., order updates, account alerts, etc.), promotions, specials, and other marketing offers (e.g., cart reminders) from {{shop_name}} via text messages through your wireless provider to the mobile number you provided. Message frequency varies. Text the single keyword command STOP to cancel at any time. You’ll receive a one-time opt-out confirmation text message. If you have subscribed to other {{shop_name}} mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP or email {{support_email}}.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages. 

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Referral and Rewards Program

Our rewards and referral program (“Program”) is subject to the Terms including but not limited to the above paragraph on discounts and the following:

Your participation in the Program is expressly conditioned upon your compliance with the Terms. By creating an account with us and participating in the Program, you (“you” or “Member”) agree that you have read, understand and agree to be bound by the Terms and to comply with all applicable laws and regulations. Program terms and conditions are void to the extent where prohibited by law. Taxes may apply where required by law. Your participation in the Program is subject to present and future Program terms and conditions. The Terms do not alter in any way the terms or conditions of any other agreement you may have with us, including any agreement for products or services. If you do not agree to by bound by the Terms, our website Privacy Policy, and our website Terms of Use, you cannot participate in the Program.

The Program is offered at our sole discretion. Membership is open to individuals who are legal residents of the United States (including its territories and possessions) and at least 18 years old or the age of majority in the Member’s jurisdiction of residence, whichever is older. Membership in the Program is voluntary. The Program is available to individuals for their personal use only and is limited to one account per individual. Corporations, associations or other groups, as well as wholesale purchasers (whether a business or individual), may not participate in the Program. Employees of {{shop_name}} are not eligible to participate in the Program. {{shop_name}} reserves the right to limit the number of participants in the Program.

Eligible individuals may enroll in the Program by creating an account with our site and following the Program prompts to participate in the Program. Participation in the Program includes but is not limited to using the refer-a-friend links and functionality, redeeming points for Rewards (as defined below) such as gift card or discount codes, and taking actions to earn points such as entering your date of birth. You are solely responsible for maintaining the accuracy of your account information and for updating it as required. Members must provide the required information to be enrolled and to be eligible for benefits and rewards, such as {{shop_name}} products, discounts, gift cards, and samples (“Rewards”). Only one Member account may be associated with a single email address. In the event of a dispute over ownership of the Member account, the member will be deemed to be the authorized account holder of the email address submitted at the time of enrollment. For purposes of the Terms, the “authorized account holder” is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. To redeem points for a Reward, you must have a valid physical address linked to your Member account.

You may earn points for dollars you spend on each {{shop_name}} online transaction, excluding federal, state, and local taxes, shipping charges, employee discounts, commercial account purchases, charitable donations, returns, refunds, and items purchased with a gift card, merchandise credits or any Rewards or other awards (“qualifying purchases”). For your purchase to qualify to earn points, you must be signed into your Member account at the time of purchase or provide your Program member identification (that is, the email address you registered under the Program) when making a qualifying purchase. {{shop_name}} may also, at its sole discretion, provide additional points in connection with certain transactions and promotions. If you return items from a qualifying purchase, the appropriate number of points will be automatically deducted from your account balance. You are {{shop_name}} to earn points and may be {{shop_name}} to reach Program loyalty tiers by making eligible purchases or taking certain other Program actions. Once you earn points and reach a certain loyalty tier, you may be eligible for certain Rewards applicable to that tier, which may change from time to time and may be offered on a limited basis. Eligible purchases and other opportunities to earn points and reach Program loyalty tiers will be posted on the Site or may be published through other media (for example, in marketing communications and social media). Login to your account to learn more about earning points and reaching the Program loyalty tiers, if any.

{{shop_name}} may also, at its sole discretion, provide points in connection with referrals to new customers. In such event, only referred friends that have created an account after clicking on a valid referral link and made a purchase meeting the applicable purchase threshold (e.g. making a minimum purchase of $40 or as otherwise set from time to time) will constitute a referral. A referred friend may only use one referral link. If a referred friend receives referral links from multiple Members, only the corresponding Member referral link used by the referred friend will receive points. In the event a referred friend clicks on multiple links, we reserve the right to award no points to any Member, select a single Member to reserve all the applicable points, or award partial points to multiple Members, at our sole discretion.

Points have no cash value, are non-negotiable, and cannot be redeemed either in whole or in part for cash. Only the Member paying for products in a qualifying purchase may accumulate points or Rewards. Points do not constitute property of any Member or other person and may not be brokered, bartered, pledged, gifted, sold or otherwise transferred for consideration, other than by {{shop_name}} or as expressly provided for in the Terms, and any receipt or use of points in violation of the terms and conditions herein will render such points void. Neither accounts nor Rewards or points may be shared or combined. Points earned are not eligible for redemption until after a review period, which unless otherwise stated in writing is the longer of 3 business days or {{shop_name}}’s applicable return period for the product purchased. Points are not capable of being combined or transferred to any other type of {{shop_name}} promotion or award. After 12 months of inactivity, points may expire. Inactivity is defined as a period in which a Member earns no points, makes no purchases, and redeems no points.

The number of points necessary to earn a Reward is determined by {{shop_name}} in its sole discretion and may be changed without prior notice to you. You may redeem points on the Site by signing into your online account or providing your Program member identification. Points used to redeem a Reward will be deducted from the total points available in your Member account. Points may not be used towards sales taxes. Credits from multiple accounts may not be aggregated unless authorized by {{shop_name}}. We reserve the right to change Rewards, how you earn Points and reach each Program tier and how we evaluate and reward your eligible purchases and other Program activity. We reserve the right to place limits on the number of purchases or activities that are eligible for the Program or for any given tier, the number or types of Rewards you may receive or earn in any given tier, in a given time period or for the duration of the Program, or any combination thereof. Rewards can only be redeemed on the Site, unless otherwise expressly authorized by {{shop_name}}. You cannot combine Rewards with any other coupon or promotion. Rewards cannot be exchanged or returned for another product or service or a monetary refund. The products and services available through the Program and any samples that we may provide to you are for your personal use only. You may not sell or resell any of the products, services, or samples you purchase or otherwise receive from us. We reserve the right, without notice, to cancel or reduce the quantity of any order to be filled or any products or services to provide to you that we believe, in our sole discretion, may result in a violation of the Terms.