Terms of service

TERMS OF SERVICE — OVERVIEW

Welcome to The Rustic West. Throughout our store and website, the terms “we,” “us,” and “our” refer to The Rustic West. We operate this website and all related content, features, tools, products, and services to provide you with a curated and enjoyable shopping experience (the “Services”). Our store is powered by Shopify, which enables us to offer these Services securely and efficiently.

These Terms of Service, along with any policies referenced within them, describe your rights and responsibilities when using our Services. Please read them carefully, as they include important information about your legal rights, including 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 or our Privacy Policy, you should not use or access our Services.

SECTION 1 — ACCESS AND ACCOUNT

By using our Services, you confirm that you are at least the age of majority in your state or province of residence. You also confirm that you consent to allow any minor dependents to use the Services on devices you own, purchase, or manage.

To access or use the Services—including browsing our online store or purchasing products—you may be required to provide certain information such as your email address, billing details, payment information, and shipping address. You represent and warrant that all information you provide is accurate, current, and complete, and that you have the legal right to provide it.

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 effort to accurately present our products and services in our online store. However, colors, textures, and product appearance may vary depending on your device, screen settings, and lighting conditions. Because of this, we cannot guarantee that what you see on your screen will perfectly match the physical product.

We do not warrant that any product or service purchased will meet your expectations or appear exactly as depicted online.

All product descriptions, details, and pricing may 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. The Rustic West reserves the right to accept or decline any order at our discretion. Your order is not accepted until we confirm acceptance and process your payment.

Please review your order carefully before submitting it, as we may be unable to accommodate cancellation requests once an order has been accepted. If we decline, modify, or cancel an order, we will attempt to notify you using the email, billing address, or phone number provided at checkout.

All purchases are subject to our Refund Policy. You represent and warrant that your purchases are for personal or household use only and not for resale or export.

SECTION 4 — PRICES AND BILLING

Prices, discounts, and promotions may change at any time without notice. The price charged for a product or service will be the price in effect at the time your order is placed and will be reflected in your order confirmation email. Unless stated otherwise, posted prices do not include taxes, shipping, handling, or other applicable charges.

Prices listed in our online store may differ from prices offered elsewhere. Promotional pricing or offers may be governed by separate terms; if those terms conflict with these Terms of Service, the promotional terms will apply.

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

You represent and warrant that the payment information you provide is valid, that you are authorized to use it, and that all charges incurred will be honored by your payment provider.

SECTION 5 — SHIPPING AND DELIVERY

We currently ship within the United States only. Delivery times are estimates and are not guaranteed. We are not responsible for delays caused by carriers, weather, or events outside our control.

Once your order is transferred to the shipping carrier, title and risk of loss pass to you. Any delivery issues must be addressed directly with the carrier.

SECTION 6 — INTELLECTUAL PROPERTY

All content within our Services—including trademarks, branding, text, images, graphics, product descriptions, reviews, video, audio, and the overall design and layout—is owned by The Rustic West, its affiliates, or its licensors. This content is protected by U.S. and international copyright, trademark, and other intellectual property laws.

You may use the Services only for your personal, non‑commercial purposes. You may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written permission. Except where expressly stated, nothing in these Terms grants you any license or rights under any intellectual property owned by The Rustic West, Shopify, or any third party.

Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted are reserved.

The Rustic West’s names, logos, product names, service names, designs, and slogans are trademarks of The Rustic West or its affiliates or licensors. You may not use these trademarks without our prior written permission. Shopify’s names, logos, and marks are trademarks of Shopify. All other names and marks appearing on the Services belong to their respective owners.

SECTION 7 — OPTIONAL TOOLS

We may provide access to tools or features offered by third‑party providers. We do not monitor, control, or influence these tools.

You acknowledge that any optional tools are provided “as is” and “as available” without warranties, representations, or conditions of any kind. We are not liable for any issues arising from your use of optional third‑party tools.

Your use of these tools is entirely at your own risk. You are responsible for reviewing and approving the terms under which third‑party providers offer their tools.

We may introduce new features or tools in the future. Any new features will also be considered part of the Services and subject to these Terms of Service.

SECTION 8 — THIRD‑PARTY LINKS

Our Services may include content or links to websites operated by third parties. We do not review or guarantee the accuracy of third‑party content, nor do we endorse any third‑party websites or materials.

If you choose to access third‑party websites or services, you do so at your own risk. We are not responsible for any harm, damages, purchases, or interactions that occur on third‑party websites.

Before engaging in any transaction with a third‑party site, you should carefully review their policies and practices. Any complaints or concerns regarding third‑party products or services must be directed to the third‑party provider.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

The Rustic West is powered by Shopify, which enables us to provide the Services to you. However, all purchases made in our store are made directly with The Rustic West.

By using the Services, you acknowledge that Shopify is not responsible for any part of the sales process between you and The Rustic West, including any injury, damage, or loss related to products or services purchased from us. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your transactions with The Rustic West.

SECTION 10 — PRIVACY POLICY

All personal information collected through the Services is governed by our Privacy Policy, and certain information may also be subject to Shopify’s privacy practices. By using the Services, you acknowledge that you have reviewed and understand these policies.

Because our store is hosted by Shopify, Shopify collects and processes certain personal information related to your access and use of the Services. Information you submit may be transmitted to Shopify and to third‑party service providers, including those located outside your country of residence, for the purpose of providing and improving the Services.

Please review our Privacy Policy for details on how we, Shopify, and our partners handle your personal information.

SECTION 11 — FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (“Feedback”), you grant The Rustic West a perpetual, worldwide, sublicensable, royalty‑free license to use, reproduce, modify, publish, distribute, and display that Feedback in any medium for any purpose, including commercial use. This license allows us to operate, improve, evaluate, enhance, and promote the Services.

You represent and warrant that: (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentives connected to your Feedback; and (iii) your Feedback complies with these Terms.

We are under no obligation to:

  1. maintain your Feedback in confidence;
  2. provide compensation for your Feedback; or
  3. respond to your Feedback.

We may, but are not required to, monitor, edit, or remove Feedback that we determine to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms.

You agree that your Feedback will not violate any third‑party rights, including copyright, trademark, privacy, or proprietary rights. You further agree that your Feedback will not contain unlawful, abusive, or obscene content, or any malware or viruses that could affect the operation of the Services. You may not use a false email address, impersonate another person, or mislead us or others about the origin of any Feedback.

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

SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information within the Services may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct any errors, inaccuracies, or omissions and to update or change 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 use the Services only for lawful purposes. You agree not to use the Services, directly or indirectly:

(a) for any unlawful or malicious purpose; (b) to violate any international, federal, state, provincial, or local laws or regulations; (c) to infringe upon our intellectual property rights or the rights of others; (d) to harass, abuse, insult, harm, defame, slander, intimidate, or discriminate against any person; (e) to transmit false or misleading information; (f) to upload or use material that violates these Terms; (g) to send unsolicited advertising or promotional material, including junk mail, chain letters, or spam; (h) to impersonate any person or entity; (i) to engage in conduct that restricts or inhibits others’ use or enjoyment of the Services or that may harm The Rustic West, Shopify, or users of the Services.

Additionally, you agree not to:

(a) upload or transmit viruses or malicious code; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any part of the Services; (c) collect or track personal information of others; (d) engage in spamming, phishing, pharming, or pretexting; (e) use robots, spiders, scraping tools, data‑gathering tools, automated systems, or AI agents to access the Services; (f) interfere with or bypass security features, authorization measures, or restrictions on access.

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

SECTION 14 — AGENTS

14.1 These Agent Terms apply if you use, allow, or enable any Agent to access or interact with the Services. An “Agent” is any software or service that takes autonomous or semi‑autonomous action on behalf of a person or entity, including actions performed without direct human supervision.

14.2 No Agent may access or interact with the Services unless it identifies itself and complies fully with Section 14.4. Agents may not access the Services if we have requested that they refrain from doing so.

14.3 We may limit or restrict Agent access through technical or other measures.

14.4 Agents must: (i) identify themselves in all HTTP/HTTPS requests by including “Agent/[agent name]” in the user‑agent string; (ii) not conceal or disguise Agent activity, including by mimicking human behavior or bypassing CAPTCHAs; (iii) respond truthfully to any prompt seeking to determine whether interactions originate from a human or an Agent; (iv) not circumvent or avoid any measure intended to block or limit Agent access.

SECTION 15 — TERMINATION

We may terminate this agreement or your access to the Services, in whole or in part, at any time and at our sole discretion, without notice. You remain responsible for all amounts owed up to and including the date of termination.

The following sections survive termination: 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 continue after termination.

SECTION 16 — DISCLAIMER OF WARRANTIES

The information provided through the Services is made available solely for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of any information presented. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from any reliance placed on materials within the Services by you or any other visitor, or by anyone who may be informed of their contents.

Except as expressly stated by The Rustic West, the Services and all products offered through the Services are provided “as is” and “as available”, without any representations, warranties, or conditions of any kind, whether express or implied. This includes implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non‑infringement.

We do not guarantee that your use of the Services will be uninterrupted, timely, secure, or error‑free. Some jurisdictions do not allow the exclusion of implied warranties, so portions of this disclaimer may not apply to you.

SECTION 17 — LIMITATION OF LIABILITY

To the fullest extent permitted by law, The Rustic West—and our partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, as well as Shopify and its 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 (including negligence), strict liability, or otherwise.

This limitation applies to any claim related to your use of the Services or any products purchased through the Services, including errors or omissions in any content, or any loss or damage incurred as a result of using the Services or any content or products made available through them, even if advised of the possibility of such damages.

SECTION 18 — INDEMNIFICATION

You agree to indemnify, defend, and hold harmless The Rustic West, Shopify, and their affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims—including reasonable attorneys’ fees—arising out of:

  1. your breach of these Terms of Service or any referenced documents;
  2. your violation of any law or third‑party rights;
  3. your access to or use of the Services.

We will notify you of any indemnifiable claim; however, failure to promptly notify you will not relieve your obligations unless you are materially prejudiced. We may control the defense and settlement of any claim at your expense, including selecting counsel, but will not settle any claim requiring non‑monetary obligations from you without your consent. You agree to cooperate in the defense of indemnified claims, including providing relevant documents.

SECTION 19 — SEVERABILITY

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

SECTION 20 — WAIVER; ENTIRE AGREEMENT

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

These Terms of Service, along with any policies or operating rules posted on our site, constitute the entire agreement and understanding between you and The Rustic West. They govern your use of the Services and supersede any prior or contemporaneous agreements, communications, or proposals, whether oral or written.

Any ambiguities in interpreting these Terms shall not be construed against the drafting party.

SECTION 21 — ASSIGNMENT

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

We may transfer, assign, or delegate these Terms and our rights and obligations under them at any time, without notice or your consent.

SECTION 22 — GOVERNING LAW

These Terms of Service, and any separate agreements under which we provide you Services, are governed by and construed in accordance with the laws of the United States and the state in which The Rustic West is headquartered. You and The Rustic West consent to the jurisdiction and venue of the federal and state courts located in that jurisdiction.

SECTION 23 — HEADINGS

Headings used in these Terms are included for convenience only and do not limit or otherwise affect the interpretation of any provision.

SECTION 24 — CHANGES TO TERMS OF SERVICE

The most current version of these Terms of Service will always be available on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting revisions to our website. It is your responsibility to review the Terms periodically for updates. We will notify you of any material changes in accordance with applicable law, and such changes will take effect on the date specified in the notice.

Your continued use of or access to the Services after changes are posted constitutes acceptance of those changes.

SECTION 25 — CONTACT INFORMATION

Questions about these Terms of Service should be sent to therusticwest@outlook.com.