Terms of service

OVERVIEW

Welcome to Built to Spool! The terms “we”, “us”, and “our” refer to Built to Spool. Built to Spool operates this shop and this website, including all related information, content, features, tools, products, and services, to provide you, the customer, with an individualized shopping experience (the “Services”). Built to Spool is powered by Shopify, which enables us to provide these Services to you.

The following Terms and Conditions, together with the policies referenced herein (these “Terms and Conditions” or “Terms”), outline your rights and obligations when using our Services.

Please read these Terms and Conditions carefully, as they contain important information about your legal rights and include provisions such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms and Conditions and by our Privacy Policy. If you do not agree to these Terms and Conditions or the Privacy Policy, you may not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms and Conditions, you represent that you are of the age of majority in the state or region in which you reside, and that you have given us your consent to allow any of your minor dependents to use the Services on devices that you own, have purchased, or manage.

To use the Services—including accessing or browsing our online stores or purchasing any products or services we offer—you may be required to provide certain information, such as your email address and billing, payment, and shipping details. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you are fully authorized to provide such information.

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

SECTION 2 – OUR PRODUCTS

We make every effort to display our products and services in our online stores as accurately as possible. However, please note that colors or the appearance of products may vary from what you see on your screen due to the device you use to access the store, as well as its settings and configuration.

We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or match the representations shown in our online stores.

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

SECTION 3 – ORDERS

By placing an order, you are making an offer to purchase. Built to Spool reserves the right, at its sole discretion, to accept or reject your order for any reason. Your order is only considered accepted once confirmed by Built to Spool. Acceptance of your order is contingent upon receipt and processing of your payment. Please review your order carefully before submitting it, as Built to Spool may not be able to accommodate cancellation requests after an order has been accepted. If we do not accept, modify, or cancel an order, we will make reasonable efforts to notify you using the email address, billing address, and/or phone number provided at the time of order.

Returns or exchanges of your purchases are handled exclusively in accordance with our Return Policy.

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

SECTION 4 – PRICES AND BILLING

Prices, discounts, and special offers may change without prior notice. The price charged for a product or service is the price in effect at the time of order and will be indicated in the order confirmation you receive by email. Unless explicitly stated otherwise, prices do not include taxes, shipping, handling, customs, or import duties.

The prices listed in our online stores may differ from those in physical stores or in online or other stores operated by third parties. From time to time, we may offer promotions on our services that affect pricing and are subject to terms and conditions different from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion shall prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our stores. You also agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is true, accurate, and complete, (ii) you are authorized to use the credit card for the purchase, (iii) any charges incurred by you will be honored by your credit card issuer, and (iv) you will pay all charges at the prices in effect, including shipping, handling fees, and any applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY

We are not responsible for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by shipping carriers, customs processing, or events beyond our control. Once we hand over the products to the shipping carrier, ownership and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, service marks, text, graphics, images, product reviews, video and audio files, and their design, selection, and arrangement, are the property of Built to Spool, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.

These Terms of Service permit you to use the Services solely for personal, non-commercial purposes. Without our prior written consent, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services. Unless explicitly stated herein, no provision of these Terms grants you a license or other rights to any patents, trademarks, copyrights, or other intellectual property of Built to Spool, Shopify, or any third party, nor can such rights be inferred from these Terms. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Built to Spool.

The names, logos, product and service names, designs, and slogans of Built to Spool are trademarks of Built to Spool or its affiliates or licensors. You may not use these trademarks without the prior written permission of Built to Spool. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may gain access to customer tools offered by third parties as part of the Services, which we do not monitor, control, or influence.

You acknowledge and agree that we provide access to such tools "as is" and "as available," without any warranties, representations, or conditions of any kind, and without any endorsement. We disclaim any liability arising from or related to your use of optional third-party tools.

Your use of optional tools made available through the website is solely at your own risk and discretion. You are responsible for familiarizing yourself with and accepting the terms and conditions under which such tools are provided by the respective third parties.

We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features will also be considered part of the Services and will be 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 any embedded third-party features). We are not responsible for reviewing or evaluating the content or accuracy of materials or websites from third parties that you access at your own discretion. If you choose to leave the Services to access such third-party materials or websites, you do so at your own risk.

We are not liable for any damages or losses resulting from your access to third-party websites or from the purchase or use of products, services, resources, or content on third-party websites. You should carefully review the policies and procedures of the third party and ensure that you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the respective third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Built to Spool is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases made in our store are completed directly with Built to Spool. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the transactions between you and Built to Spool, including any injuries, damages, or losses resulting from the products and services purchased. You hereby expressly release Shopify and its affiliates from all liability for claims, damages, and obligations arising from or related to your purchases and transactions with Built to Spool.

SECTION 10 – PRIVACY POLICY

All personal data we collect through the Services is subject to our Privacy Policy, which can be viewed here. In addition, certain personal data may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these Privacy Policies.

As the Services are hosted by Shopify, Shopify collects and processes personal data regarding your access to and use of the Services in order to provide and improve the Services for you. Data you submit to the Services may be transferred to Shopify and to third-party service providers, who may be located in countries different from your country of residence, to provide the Services. Our Privacy Policy contains further details on how we, Shopify, and our partners use your personal data.

SECTION 11 – FEEDBACK

When you submit, upload, post, email, or otherwise provide ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us an unlimited, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any media for any purpose, including commercial purposes. For example, we may use our rights under this license to operate, provide, evaluate, expand, improve, and promote the Services, fulfill our obligations, and exercise our rights under these Terms.

You also represent and warrant that: (i) you own all rights to the Feedback or have all necessary rights to grant the license described herein; (ii) you have disclosed any compensation or incentives received in connection with providing the Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation to (1) treat your Feedback as confidential, (2) pay you for your Feedback, or (3) respond to your Feedback.

We reserve the right, but are not obligated, to monitor, edit, or remove Feedback that we, in our sole discretion, deem unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that violates a party’s intellectual property rights or these Terms.

You represent and warrant that your Feedback does not violate the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. You further warrant that your Feedback does not contain defamatory or otherwise unlawful, offensive, or obscene content and is free of viruses or other malware that could harm the operation of the Services or any related website. You may not use a false email address, impersonate another person, or mislead us or third parties as to the origin of any Feedback. You are solely responsible for your Feedback and its accuracy. We assume no responsibility or liability for Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, the information on or within the Services may contain typographical errors, inaccuracies, or omissions that could relate to product descriptions, pricing, promotions, offers, product shipping costs, lead times, and availability. In the event of any inaccuracies, we reserve the right to correct errors, inaccuracies, or omissions, to modify or update information, or to cancel orders, at any time and without prior notice (even after you have submitted your order).

SECTION 13 – PROHIBITED USES

You may access and use the Services only for lawful purposes. You may not, directly or indirectly, access or use the Services:
(a) for any illegal or malicious purpose;
(b) to violate any international, federal, provincial, state, or local laws, regulations, or ordinances;
(c) to infringe or violate our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, insult, harm, defame, slander, intimidate, or threaten any of our employees or any other person;
(e) to transmit false or misleading information;
(f) to knowingly send, receive, upload, download, use, or reuse any material that does not comply with these Terms of Service;
(g) to transmit or facilitate the transmission of advertising or promotional material, including "junk mail," chain letters, "spam," or any other similar promotional materials;
(h) to impersonate any person or entity, or attempt to do so; or
(i) to engage in any other conduct that restricts or inhibits the use of the Services, or that, in our sole discretion, may harm Built to Spool, Shopify, or users of the Services, or expose them to liability.

Additionally, you agree not to:
(a) upload or transmit viruses or any other type of malicious code that could interfere with the functionality or operation of the Services in any way;
(b) reproduce, duplicate, copy, sell, resell, or exploit any part of the Services;
(c) collect or track the personal information of others;
(d) engage in spam, phishing, pharming, pretexting, spidering, crawling, or scraping activities; or
(e) interfere with or circumvent the security features of the Services or any associated website, other websites, or the Internet.

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

SECTION 14 – TERMINATION OF AGREEMENT

We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion, at any time, without prior notice. You will remain liable for any amounts due up to the date of termination.

The following sections will remain in effect even after the termination of the agreement: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, 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 in or through the Services is provided solely for general informational purposes. We make no warranties as to the accuracy, completeness, or usefulness of this information. Your reliance on such information is at your own risk. We disclaim any liability or responsibility arising from your reliance, or that of other visitors to the Services or other persons informed of their content, on these materials.

UNLESS EXPRESSLY PROVIDED BY Built to Spool, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, GUARANTEES, OR CONDITIONS OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTION LIMIT OR DO NOT ALLOW  THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 – LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Built to Spool, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF Shopify AND ITS AFFILIATES, SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES, LOSSES, CLAIMS, OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIMS IN ANY WAY RELATED TO YOUR USE OF THE SERVICES OR A PRODUCT, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS IN CONTENT OR LOSSES OR DAMAGES OF ANY KIND RESULTING FROM THE USE OF CONTENT (OR PRODUCTS) PUBLISHED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Built to Spool, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, that may be asserted by third parties and arise from (1) your violation of these Terms of Service or the documents referenced herein, (2) your violation of any law or the rights of a third party, or (3) your access to or use of the Services.

We will notify you of any indemnifiable claims, provided that failure to promptly notify you does not relieve you of your obligations unless you are materially prejudiced as a result. We may control the defense and settlement of such a claim at your expense, including the selection of legal counsel, but we will not settle any claim requiring non-monetary obligations on your part without your consent (which shall not be unreasonably withheld). You agree to cooperate in the defense of indemnification claims, including by providing relevant documentation.