Terms of service
1. Acceptance of Terms
By accessing or using the website "By The Grain" (hereinafter referred to as "the Website"), you agree to comply with and be bound by the following terms of service. If you do not agree to these terms, please do not use the Website.
"Our e-commerce platform is securely hosted by Shopify Inc., a reputable industry leader. Shopify Inc. plays a crucial role in managing our online store, providing the necessary technology for presenting, selling, and fulfilling orders for our products and services."
2. Intellectual Property
All content on the Website, including but not limited to text, graphics, logos, images, audio clips, and software, is the property of "By The Grain" and is protected by copyright and other intellectual property laws. You may not reproduce, distribute, display, or create derivative works of any content on the Website without prior written consent from "By The Grain."
3. Products and Orders
a. Product Descriptions: "By The Grain" strives to provide accurate and up-to-date product information. However, we do not warrant that product descriptions or other content on the Website are error-free. In the event of an error, we reserve the right to correct it and revise your order accordingly.
b. Order Acceptance: Your placement of an order does not necessarily mean acceptance by "By The Grain." We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in pricing, or suspicion of fraudulent activity.
4. Pricing and Payment
a. Pricing: Prices for products on the Website are subject to change without notice. The final price is the one displayed at the time of checkout.
b. Payment: We accept various forms of payment, as indicated during the checkout process. All payments are processed securely, and your financial information will not be stored on our servers.
5. Shipping and Returns
a. Shipping: We aim to process and ship orders promptly. However, please note that certain items, as indicated on the product pages, are made upon ordering. The production process for these items may take up to three weeks before they are ready for shipment. Once your order is ready, we will expedite the shipping process to get your purchase to you as soon as possible. Shipping times for these made-to-order items may vary based on location and other factors beyond our control. For information regarding shipping, please refer to our separate "Shipping" policy.
b. Returns: For information regarding returns, please refer to our separate "Return" policy.
6. Privacy Policy
Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your personal information.
7. Limitation of Liability
"By The Grain" shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use or inability to use the Website or the products offered.
8. Governing Law
These Terms of Service are governed by and construed in accordance with the laws of Massachusetts.
9. Changes to Terms
"By The Grain" reserves the right to modify the Terms of Service at any time without prior notice. It is your responsibility to review these terms periodically for changes.
10. Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
11. Errors and Inaccuracies
We do not purport to have a site that is completely free of errors and/or inaccuracies. We do not make warranties or representations in any way implying, explicitly or suggested, regarding the products and/or content of this site. Although we do make every effort to provide accurate information, there does exist, however, a chance that the information provided about a product’s price, availability, or any other details relating directly or indirectly to the product may be incomplete or inaccurate. We, therefore, do not claim that this site is error-free, completely updated, or make any warranty thereof. We reserve the right to update the site without prior notice, be it correction of errors or any other change, as we see fit. Additionally, we reserve the right to cancel any order submitted on the premise of an error and/or inaccuracy, upon or after submission, disregarding whether or not confirmation has been received that the credit card has already been charged.
12. Product Warranty and Limitation of Liability
a. Limited Warranty: "By The Grain" provides a limited warranty on its products for defects in materials and workmanship. This warranty does not cover damage resulting from misuse, abuse, or normal wear and tear.
b. Disclaimer of Consequential Damages: In no event shall "By The Grain" be liable for any consequential, indirect, incidental, punitive, or special damages arising out of or in any way connected with the use of its products, even if advised of the possibility of such damages.
13. User Accounts and Security
a. Account Responsibility: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. "By The Grain" is not liable for any loss or damage arising from your failure to protect your account information.
b. Account Termination: "By The Grain" reserves the right to terminate or suspend user accounts at its discretion, especially in cases of suspected fraudulent activities or violations of these terms.
14. Indemnification
You agree to indemnify and hold harmless "By The Grain," its officers, directors, employees, and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from your use of the Website or any violation of these terms.
15. Force Majeure
"By The Grain" shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of nature, government regulations, wars, strikes, or any other force majeure event.
16. Dispute Resolution
a. Governing Law and Jurisdiction: Any dispute arising from or relating to the Terms of Service shall be governed by and construed in accordance with the laws of Massachusetts. You agree to submit to the exclusive jurisdiction of the courts in Massachusetts.
b. Arbitration: In the event of a dispute, both parties agree to resolve the matter through binding arbitration conducted in accordance with the rules of the [Arbitration Organization], and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
17. Termination of Services
"By The Grain" reserves the right to terminate or suspend its services at any time, with or without cause, without liability to you or any third party.
18. Contact Information
For any questions or concerns regarding the Terms of Service, please contact us at info@bythegrain.co.