Terms of service

OVERVIEW
This website is operated by Bush & Briar. Throughout the site, the terms “we”, “us” and “our” refer to Bush & Briar. We offer this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service, including additional terms and policies referenced herein. These Terms apply to all users of the site. Our store is hosted on Shopify Inc., which provides the online e-commerce platform that allows us to sell our products and Services.

SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state of residence. You may not use our products or Services for any illegal or unauthorized purpose or violate any laws in your jurisdiction. You must not transmit worms, viruses, or destructive code. A breach of these Terms will result in termination of Services.

SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse Service to anyone at any time. Content (excluding credit card information) may be transferred unencrypted across networks. Credit card information is always encrypted. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without written permission.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information on this site is not accurate, complete, or current. The material is provided for general information only. We reserve the right to modify site contents at any time without obligation to update information.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices are subject to change without notice. We reserve the right to modify or discontinue the Service at any time without notice. We are not liable for any modification, price change, suspension, or discontinuance.

SECTION 5 – PRODUCTS
Our products are handmade. Dimensions, color, and pattern vary from piece to piece, and product pages state the expected range of that variation. Products are offered in limited quantities and we may sell a size or style out without notice. We reserve the right to limit sales by person, geographic region, or jurisdiction. All product descriptions and pricing are subject to change without notice.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse or cancel any order. You agree to provide accurate billing and account information and to update it as needed.

SECTION 7 – OPTIONAL TOOLS
Third-party tools are provided “as is” and “as available” without warranties. Use of such tools is at your own risk.

SECTION 8 – THIRD-PARTY LINKS
We are not responsible for third-party websites, materials, products, or transactions.

SECTION 9 – USER COMMENTS AND SUBMISSIONS
We may use, edit, publish, or distribute submissions without obligation. You are solely responsible for your submissions and their accuracy.

SECTION 10 – PERSONAL INFORMATION
Personal information is governed by our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
We reserve the right to correct errors and cancel orders if information is inaccurate at any time without prior notice.

SECTION 12 – PROHIBITED USES
You may not use the site for unlawful, abusive, fraudulent, discriminatory, or malicious purposes. We reserve the right to terminate use for violations.

SECTION 13 – SHIPPING, RETURNS AND REFUNDS
Retail orders placed through bushandbriar.com are governed by our Shipping Policy and our Refund Policy, which are incorporated into these Terms by reference. Where any other section of these Terms conflicts with those policies in relation to a retail order, the Shipping Policy and Refund Policy control.

SECTION 14 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Except as expressly stated in our Refund Policy, the Service and all products are provided “as is” and “as available” without warranties of any kind. In no case shall Bush & Briar, its directors, officers, employees, affiliates, agents, contractors, suppliers, or service providers be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of the Service or products to the fullest extent permitted by law.

SECTION 15 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Bush & Briar from any claim or demand arising from your breach of these Terms or violation of any law or rights of a third party.

SECTION 16 – SEVERABILITY
If any provision is determined unenforceable, the remaining provisions remain in effect.

SECTION 17 – TERMINATION
These Terms remain effective unless terminated by either party. We may terminate access at any time for violations.

SECTION 18 – ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and Bush & Briar.

SECTION 19 – GOVERNING LAW
These Terms are governed by the laws of the State of California, United States.

SECTION 20 – CHANGES TO TERMS
We reserve the right to update these Terms at any time. Continued use constitutes acceptance.

SECTION 21 – CONTACT INFORMATION
Bush & Briar
support@bushandbriar.com

SECTION 22 – ADDITIONAL TERMS FOR CONSULTING & SERVICES
This section applies only to consulting engagements arranged directly by written agreement. It does not apply to retail orders placed through bushandbriar.com.
Services are provided by Bush & Briar, represented by Kurtis Sauvey. Fees are due upfront and are non-refundable unless otherwise agreed in writing. Confidentiality will be maintained. One reschedule permitted with 24-hour notice; cancellations within 24 hours are non-refundable. Results are not guaranteed. Client participation and follow-through are required. Bush & Briar is not liable for consulting outcomes.

SECTION 23 – SUPPLEMENTAL TERMS FOR CUSTOM, BRANDED, AND BULK MERCHANDISE

This section applies only to custom, branded, personalized, bulk, or made-to-order merchandise arranged by written quote and invoice. It does not apply to retail orders placed through bushandbriar.com, which are governed by Section 13 and by our Shipping and Refund Policies.

  1. Payment. Full payment is required via issued invoice and paylink prior to processing any order. No sourcing, production, or fulfillment will begin until payment is received.

  2. Orders & Approval. Written approval and payment confirm final specifications. Quantities may be increased prior to production but may not be reduced once orders are placed with suppliers or production has begun.

  3. Pricing. Pricing reflects current supplier and production costs and may adjust if scope, materials, tariffs, or timelines change prior to order placement.

  4. Production Timelines. All timelines are estimates and never guaranteed.

  5. Delivery & Shipping. For these orders only, Bush & Briar is not responsible for delays or shortages arising from wholesalers, suppliers, or carriers. Once merchandise is released to a carrier, risk of loss transfers to the customer.

  6. Shipping Insurance. For these orders only, clients are encouraged to purchase shipping insurance through the invoice link or directly with the carrier. We will provide shipment documentation and reasonable assistance with any claim.

  7. Customer Responsibility. The customer is responsible for providing accurate, complete, and accessible delivery information.

  8. Product Issues. For these orders only, we will make reasonable efforts to seek remedies from suppliers.

  9. Custom & Branded Merchandise. All custom, branded, personalized, bulk, or made-to-order goods are final sale and non-refundable once production has begun or merchandise has shipped.

  10. Limitation of Liability. Liability is limited to the total amount paid for the specific order. Under no circumstances shall Bush & Briar be liable for indirect, incidental, consequential, or special damages.

  11. Indemnification. The customer agrees to indemnify and hold harmless Bush & Briar from claims arising from supplier defects, shipping issues, intellectual property claims related to customer-provided artwork, or misuse of products.

  12. Force Majeure. Bush & Briar is not liable for delays or failure to perform due to circumstances beyond reasonable control.

  13. Dispute Resolution. Disputes shall first be addressed in good faith. Unresolved disputes shall be governed by California law.

SECTION 24 – MOBILE TERMS OF SERVICE
The mobile message service is operated by Bush & Briar. Participation is voluntary. Message frequency varies. Message and data rates may apply. You may opt out at any time by texting STOP. Wireless carriers are not liable for delayed or undelivered messages. We are not responsible for failed or misdirected delivery of information sent through the Service.