Terms of service

OVERVIEW

Welcome to Harper & Oak Clothing! The terms “we,” “us,” and “our” refer to Harper & Oak Clothing. Harper & Oak Clothing operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Harper & Oak Clothing is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, 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 of Service carefully, as 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 and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, 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 all rights necessary to provide this information.

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

SECTION 2 - OUR PRODUCTS

We make every effort to accurately represent our products and services. However, colors, print placement, and overall appearance may vary slightly due to screen settings, garment characteristics, and the nature of the printing process.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are submitting a request to purchase the items in your cart. We reserve the right to decline or cancel an order when necessary, including in cases of suspected fraud, payment issues, pricing or listing errors, product availability, or other circumstances that prevent us from fulfilling the order.

If we cancel an order after payment has been processed, we will issue an appropriate refund and notify you using the contact information provided with your order.

Please review your order carefully before submitting it. Because our items are made to order, we may only be able to cancel or modify an order before it enters production. Once production has begun, cancellation requests will be handled in accordance with our Returns & Exchanges Policy.

Your purchases are otherwise subject to return or exchange in accordance with our Returns & Exchanges Policy.

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

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email.

Unless otherwise expressly stated, posted prices do not include applicable taxes, shipping, or handling charges.

Prices posted in our online store may differ from prices offered through other websites, marketplaces, sales channels, or promotions. We may offer promotions from time to time that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store. You agree to promptly update your account and other information as necessary so that we can complete your transactions and contact you as needed.

You represent and warrant that:

  1. The payment information you provide is true, correct, and complete.
  2. You are authorized to use the payment method provided.
  3. Charges incurred by you will be honored by your payment provider.
  4. You will pay all charges incurred at the posted prices, including applicable shipping, handling, and taxes.

SECTION 5 - SHIPPING AND DELIVERY

All delivery times are estimates and are not guaranteed. We are not responsible for delays caused by shipping carriers or events outside our reasonable control.

If your order appears to be lost in transit or experiences an unusual shipping delay, please contact us at contact@harperandoak.shop so we can help.

Additional information about shipping and delivery may be provided on our website or during checkout.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned by Harper & Oak Clothing, its affiliates, or licensors and are protected by applicable U.S. and foreign 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 material from the Services without our prior written consent.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any copyright, trademark, or other intellectual property right of Harper & Oak Clothing, Shopify, or any third party.

Unauthorized use of the Services may violate federal or state intellectual property laws. All rights not expressly granted herein are reserved by Harper & Oak Clothing.

Harper & Oak Clothing’s names, logos, product and service names, designs, and slogans are trademarks or other intellectual property of Harper & Oak Clothing or its licensors, as applicable. You may not use such materials without prior written permission.

Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing through the Services are the property of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have control over.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations, or conditions of any kind and without endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Services is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms under which the relevant third-party provider offers those tools.

We may also offer new features through the Services in the future. Such features shall be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality.

We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access. If you leave the Services to access third-party materials or websites, you do so at your own risk.

We are not liable for harm or damages related to your access to third-party websites or your purchase or use of products, services, resources, or content available through them.

Please carefully review third-party policies and practices before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the applicable third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Harper & Oak Clothing is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make through our store are made directly with Harper & Oak Clothing.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Harper & Oak Clothing, including any injury, damage, or loss resulting from purchased products and services.

You hereby expressly release Shopify and its affiliates from claims, damages, and liabilities arising from or related to your purchases and transactions with Harper & Oak Clothing.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may also be subject to Shopify’s Privacy Policy.

By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services. Information you submit through the Services may be transmitted to and shared with Shopify as well as third parties that may be located in countries other than where you reside.

Please review our Privacy Policy for additional information about how we, Shopify, and our service providers and partners use personal information.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any lawful purpose, including commercial use.

We may, for example, use Feedback to operate, evaluate, improve, and promote the Services.

You represent and warrant that:

  1. You own or have all necessary rights to your Feedback.
  2. You have disclosed any compensation or incentives received in connection with your submission.
  3. Your Feedback complies with these Terms.

We are under no obligation to maintain Feedback in confidence, compensate you for Feedback, or respond to Feedback.

We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene, otherwise objectionable, or in violation of intellectual property rights or these Terms.

You agree that your Feedback will not violate the rights of any third party, including copyright, trademark, privacy, personality, or other proprietary rights. You further agree that your Feedback will not contain unlawful, abusive, or obscene material or any computer virus or malware.

You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of Feedback.

You are solely responsible for the Feedback you provide and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or through the Services containing typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, availability, or other information.

We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders if information is inaccurate at any time, including after you have submitted an order.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only.

You may not access or use the Services, directly or indirectly:

  • For any unlawful or malicious purpose.
  • To violate applicable international, federal, state, provincial, or local laws or regulations.
  • To infringe upon or violate our intellectual property rights or the rights of others.
  • To harass, abuse, insult, harm, defame, slander, disparage, or intimidate another person.
  • To transmit false or misleading information.
  • To transmit or procure unsolicited advertising, spam, junk mail, chain letters, or similar solicitations.
  • To impersonate another person or entity.
  • To interfere with another person’s use or enjoyment of the Services.
  • To engage in conduct that may harm Harper & Oak Clothing, Shopify, other users, or expose them to liability.

You further agree not to:

  • Upload or transmit viruses or malicious code.
  • Reproduce, duplicate, copy, sell, resell, or exploit any unauthorized portion of the Services.
  • Collect or track the personal information of others.
  • Spam, phish, pharm, pretext, spider, crawl, or scrape the Services except as permitted by applicable law.
  • Interfere with or circumvent the security features of the Services.

We reserve the right to suspend, disable, or terminate access to the Services if we determine that these Terms have been violated.

SECTION 14 - TERMINATION

We may terminate this agreement or your access to the Services, or any part thereof, in our discretion where permitted by law.

You will remain responsible for all amounts properly due up to and including the date of termination.

Provisions that by their nature should survive termination will continue to apply, including provisions relating to intellectual property, feedback, warranties, limitation of liability, indemnification, severability, governing law, and privacy.

SECTION 15 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of all such information, except as otherwise required by law.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY STATED BY HARPER & OAK CLOTHING, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

THIS MAY INCLUDE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT, TO THE EXTENT SUCH WARRANTIES MAY LAWFULLY BE DISCLAIMED.

WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL ALWAYS BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

Nothing in these Terms is intended to limit any warranty, remedy, or consumer right that cannot lawfully be excluded or limited.

SECTION 16 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, HARPER & OAK CLOTHING, OUR PARTNERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR SIMILAR DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.

THIS LIMITATION APPLIES REGARDLESS OF WHETHER LIABILITY IS BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Nothing in these Terms excludes or limits liability where doing so would be prohibited by applicable law.

SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Harper & Oak Clothing, Shopify, and our respective affiliates, partners, employees, agents, contractors, licensors, and service providers from losses, damages, liabilities, or claims, including reasonable attorneys’ fees, payable to a third party arising out of:

  1. Your breach of these Terms or documents incorporated by reference.
  2. Your violation of applicable law or the rights of a third party.
  3. Your unlawful or unauthorized use of the Services.

We will notify you of any indemnifiable claim as reasonably practicable. A failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced.

We may control the defense and settlement of such a claim at your expense, including choice of counsel, but will not settle a claim requiring non-monetary obligations from you without your consent, which shall not be unreasonably withheld.

You agree to reasonably cooperate in the defense of indemnified claims.

SECTION 18 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law.

Any unenforceable portion will be deemed severed from these Terms without affecting the validity and enforceability of the remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us regarding your use of the Services and supersede prior or contemporaneous agreements, communications, and proposals relating to the Services.

Any ambiguities in the interpretation of these Terms shall not automatically be construed against the drafting party.

SECTION 20 - ASSIGNMENT

You may not delegate, transfer, or assign these Terms or any of your rights or obligations under them without our prior written consent, and any unauthorized attempt to do so will be null and void.

We may transfer, assign, or delegate these Terms and our rights and obligations to the extent permitted by applicable law.

SECTION 21 - GOVERNING LAW

These Terms of Service and any separate agreements through which we provide the Services shall be governed by and construed in accordance with applicable federal law and the laws of the state in which Harper & Oak Clothing is headquartered, without regard to conflict-of-law principles.

Any dispute subject to judicial resolution shall be brought in a court of competent jurisdiction as permitted by applicable law.

SECTION 22 - HEADINGS

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

SECTION 23 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service 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.

Where required by applicable law, we will provide notice of material changes. Your continued use of or access to the Services after changes become effective constitutes acceptance of those changes to the extent permitted by law.

SECTION 24 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

Harper & Oak Clothing
contact@harperandoak.shop