Terms of service

OVERVIEW

Welcome to LoomCustom! The terms “we”, “us” and “our” refer to LoomCustom. LoomCustom 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”). LoomCustom 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 [LINK]. 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 stores 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 the information you provide in our stores 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 have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.

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 making an offer to purchase. LoomCustom reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until LoomCustom confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting, as LoomCustom may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e-mail, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].

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 taxes, shipping, handling, customs or import charges.

Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties.

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

You represent and warrant that:

  1. The credit card information you provide is true, correct, and complete;

  2. You are authorized to use such credit card;

  3. Charges incurred will be honored by your credit card company; and

  4. You will pay charges incurred at the posted prices, including shipping and applicable taxes.


SECTION 5 - SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control.

Once we transfer products to the carrier, title and risk of loss passes to you.


SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including all trademarks, brands, text, images, graphics, product reviews, video, audio, and design elements, are owned by LoomCustom, its affiliates or licensors and are protected by intellectual property laws.

These Terms permit you to use the Services for 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 materials without our prior written consent.

LoomCustom’s names, logos, product and service names, designs, and slogans are trademarks of LoomCustom or its affiliates or licensors. Shopify’s name and branding are trademarks of Shopify.

All rights not expressly granted are reserved by LoomCustom.


SECTION 7 - OPTIONAL TOOLS

We may provide access to third-party tools “as is” and “as available” without warranties. We have no liability arising from your use of optional third-party tools.


SECTION 8 - THIRD-PARTY LINKS

We are not responsible for third-party websites or materials accessed through our Services. Any transactions with third parties are at your own risk.


SECTION 9 - RELATIONSHIP WITH SHOPIFY

LoomCustom is powered by Shopify. However, all sales are made directly between you and LoomCustom.

By using the Services, you agree that Shopify is not responsible for any aspect of any sales between you and LoomCustom. You expressly release Shopify and its affiliates from all claims arising from purchases made through the Services.


SECTION 10 - PRIVACY POLICY

All personal information collected through the Services is subject to our Privacy Policy [LINK] and Shopify’s Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes certain information to provide and improve the Services.


SECTION 11 - FEEDBACK

If you submit any feedback, you grant LoomCustom a perpetual, worldwide, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback.

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


SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

We reserve the right to correct errors, inaccuracies or omissions and to cancel orders if information is inaccurate at any time without prior notice.


SECTION 13 - PROHIBITED USES

You may not use the Services for unlawful purposes, violate intellectual property rights, transmit malicious code, collect personal information unlawfully, or interfere with security features.

We reserve the right to terminate accounts that violate these Terms.


SECTION 14 - TERMINATION

We may terminate access to the Services at any time. The following sections survive termination: Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, and related provisions.


SECTION 15 - DISCLAIMER OF WARRANTIES

THE SERVICES AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

We do not guarantee uninterrupted or error-free service.


SECTION 16 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, LOOMCUSTOM AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS.


SECTION 17 - INDEMNIFICATION

You agree to indemnify and hold harmless LoomCustom, Shopify, and their affiliates from any claims arising from your breach of these Terms or violation of law.


SECTION 18 - SEVERABILITY

If any provision is deemed unenforceable, the remaining provisions remain valid.


SECTION 19 - WAIVER; ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and LoomCustom.


SECTION 20 - ASSIGNMENT

You may not assign your rights without our consent. LoomCustom may assign its rights without notice.


SECTION 21 - GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where LoomCustom is headquartered.


SECTION 22 - HEADINGS

Headings are for convenience only.


SECTION 23 - CHANGES TO TERMS OF SERVICE

We may update these Terms at any time by posting changes on our website. Continued use constitutes acceptance of changes.


SECTION 24 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to:

support@loomcustom.com