Terms of service

OVERVIEW

Welcome to Birchstone Market. The terms “we,” “us,” and “our” refer to Birchstone Market.

Birchstone Market 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, referred to as the “Services.” Birchstone Market is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions below, together with any policies referenced in these Terms, describe your rights and responsibilities when you use our Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers, limitations of liability, orders, shipping, returns, and use of our website.

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, province, or territory of residence, and that you have given us your consent to allow any 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 products or services we offer, you may be asked to provide certain information, such as your email address, billing information, payment information, and shipping information.

You represent and warrant that all information you provide to us 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 activity that occurs under your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We make every reasonable effort to provide accurate product information, descriptions, pricing, images, and availability in our online store. However, product colors, appearance, packaging, or details may differ slightly from how they appear on your screen due to device settings, monitor display, supplier updates, or product variations.

We do not warrant that the appearance, quality, size, color, or performance of any product or service purchased will exactly match your expectations or the images shown in our store.

Product descriptions, pricing, availability, and offers are subject to change at any time without notice. We reserve the right to discontinue any product at any time and may limit quantities offered to any person, geographic region, or jurisdiction at our discretion.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Birchstone Market reserves the right to accept or decline your order for any reason at our discretion.

Your order is not accepted until Birchstone Market confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it. We may be unable to accommodate cancellation requests after an order has been accepted, processed, submitted to a supplier, or shipped.

If we do not accept an order, make a change to an order, or cancel an order, we will attempt to notify you using the email address, billing address, shipping address, or phone number provided at the time the order was placed.

Purchases are subject to return or exchange only in accordance with our Refund 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 shown in your order confirmation.

Unless otherwise stated, posted prices do not include applicable taxes, shipping, handling, customs, import duties, or other fees that may apply.

We may offer promotions, discount codes, or special offers from time to time. Promotions may be subject to additional terms and conditions. If there is a conflict between the terms of a promotion and these Terms of Service, the promotion terms will apply.

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

You represent and warrant that any payment information you provide is true, correct, and complete, that you are authorized to use the payment method provided, and that any charges incurred by you will be honored by your payment provider.

SECTION 5 - SHIPPING AND DELIVERY

We are not liable for shipping or delivery delays. Delivery times are estimates only and are not guaranteed.

We are not responsible for delays caused by shipping carriers, suppliers, customs processing, weather, incorrect addresses, delivery restrictions, or events outside our control.

Once products are transferred to the shipping carrier, title and risk of loss may pass to you, subject to applicable law.

Digital products are delivered electronically. No physical item will be shipped for digital download purchases. Delivery of digital products may be provided through a download link, email access, customer account access, or another electronic delivery method.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, brand names, text, displays, images, graphics, product reviews, video, audio, website design, layout, selection, and arrangement, are owned by Birchstone Market, its affiliates, suppliers, partners, or licensors and are protected by applicable copyright, trademark, and 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 from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent, except as permitted by law.

Nothing in these Terms grants you any license or right to use any patent, trademark, copyright, or other intellectual property of Birchstone Market, Shopify, or any third party.

Unauthorized use of the Services may violate intellectual property laws. All rights not expressly granted are reserved by Birchstone Market.

Birchstone Market’s names, logos, product names, service names, designs, and slogans are trademarks or brand assets of Birchstone Market or its affiliates or licensors. You must not use such trademarks without prior written permission from Birchstone Market.

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

SECTION 7 - OPTIONAL TOOLS

We may provide access to customer tools, third-party tools, or optional features as part of the Services. These tools may be provided by third parties and may not be controlled or monitored by us.

You acknowledge and agree that access to such tools is provided “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 of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you understand and agree to the terms provided by the relevant third-party provider.

We may offer new features, tools, or resources in the future. Such new features shall also be deemed part of the Services and subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain links, materials, or functionality provided by third parties. We are not responsible for examining or evaluating the content, accuracy, policies, or practices of any third-party websites or services.

If you leave our Services to access third-party materials or websites, you do so at your own risk.

We are not liable for any harm, loss, or damages related to your access to third-party websites or your purchase or use of any products, services, resources, or content from third parties.

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

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Birchstone Market 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 Birchstone Market.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Birchstone Market, including any injury, damage, loss, issue, refund, return, or dispute resulting from purchased products or services.

You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Birchstone Market.

SECTION 10 - PRIVACY POLICY

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

By using the Services, you acknowledge that you have read our Privacy Policy.

Because the Services are hosted by Shopify, Shopify may collect and process 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 and other third parties, including parties located outside your country of residence, in order to provide services to you.

Please review our Privacy Policy for more details on how we, Shopify, and our partners may use personal information.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content, referred to as “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 purpose, including commercial use.

We may use Feedback to operate, provide, evaluate, enhance, improve, and promote the Services and to perform our obligations and exercise our rights under these Terms.

You represent and warrant that you own or have all necessary rights to the Feedback you submit, that you have disclosed any compensation or incentives received in connection with the Feedback, and that the Feedback complies with these Terms.

We are under no obligation to maintain Feedback in confidence, pay compensation for Feedback, or respond to Feedback.

We may monitor, edit, or remove Feedback that we determine to be unlawful, offensive, threatening, defamatory, obscene, abusive, misleading, or otherwise objectionable, or that violates any party’s rights or these Terms.

You are solely responsible for any Feedback you submit and its accuracy. We assume no liability for Feedback posted by you or any third party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on or through the Services may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, delivery times, product availability, or other information.

We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after an order has been submitted.

SECTION 13 - PROHIBITED USES

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

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

(a) for any unlawful, fraudulent, harmful, or malicious purpose;
(b) to violate any international, federal, provincial, state, territorial, or local law, regulation, rule, or ordinance;
(c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any person;
(e) to transmit false or misleading information;
(f) to upload, download, transmit, or reuse any material that does not comply with these Terms;
(g) to transmit or procure the sending of advertising or promotional material, including junk mail, chain letters, spam, or similar solicitations;
(h) to impersonate or attempt to impersonate another person or entity;
(i) to engage in conduct that restricts or inhibits anyone’s use or enjoyment of the Services; or
(j) to engage in conduct that may harm Birchstone Market, Shopify, other users, or expose them to liability.

You also agree not to upload or transmit viruses, malware, or other malicious code; reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; collect or track personal information of others; spam, phish, pharm, pretext, spider, crawl, or scrape; or interfere with the security features of the Services or any related website.

We reserve the right to suspend, disable, or terminate your account or access to the Services at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 14 - TERMINATION

We may terminate this agreement or your access to the Services, or any part of the Services, at our sole discretion at any time without notice.

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

The following sections will continue to apply after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 15 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available for general information purposes only. We do not warrant the accuracy, completeness, reliability, availability, or usefulness of this information.

Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of its contents.

Except as expressly stated by Birchstone Market, the Services and all products offered through the Services are provided “as is” and “as available,” without any representation, warranties, or conditions of any kind, either express or implied. This includes implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

We do not guarantee, represent, or warrant that your use of the Services will be uninterrupted, timely, secure, or error-free. Some jurisdictions limit or do not allow the disclaimer of implied warranties, so parts of this section may not apply to you.

SECTION 16 - LIMITATION OF LIABILITY

To the fullest extent permitted by law, Birchstone Market, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, Shopify, and Shopify’s affiliates shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.

This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether based in contract, tort, negligence, strict liability, or otherwise, arising from your use of the Services or any products purchased through the Services.

Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so parts of this section may not apply to you.

SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Birchstone Market, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, claims, or expenses, including reasonable legal fees, arising from your breach of these Terms of Service, your violation of any law or third-party rights, or your use of the Services.

SECTION 18 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall still be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be considered severed from these Terms, and the remaining provisions shall continue in full force and effect.

SECTION 19 - WAIVER AND ENTIRE AGREEMENT

The failure of Birchstone Market to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such 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 Birchstone Market. These Terms govern your use of the Services and supersede any prior or current agreements, communications, or proposals, whether oral or written, between you and Birchstone Market.

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

SECTION 20 - ASSIGNMENT

You may not transfer, assign, or delegate these Terms or any of your rights or obligations under these Terms without our prior written consent.

Birchstone Market may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.

SECTION 21 - GOVERNING LAW

These Terms of Service and any separate agreements through which Birchstone Market provides Services shall be governed by and interpreted in accordance with the laws of British Columbia, Canada, and applicable Canadian federal laws.

You agree that any dispute relating to these Terms or the Services may be handled in the appropriate courts located in British Columbia, Canada, unless otherwise required by applicable law.

SECTION 22 - HEADINGS

The headings used in this agreement 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, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website.

It is your responsibility to check our website periodically for changes. Your continued use of or access to the Services after any changes are posted constitutes acceptance of those changes.