Terms of service

Overview

This website is operated by Spinach Creations, L.L.C., a limited liability company registered in the State of Maryland, United States, which trades as Spinach The Cow. Throughout the site, the terms "we", "us" and "our" refer to Spinach Creations, L.L.C. We offer this website, including all information, tools and services available from it, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site or purchasing something from us, you engage in our "Service" and agree to be bound by these Terms of Service, including any additional terms and policies referenced here or available by hyperlink. These Terms apply to all users of the site, including browsers, customers, and contributors of content.

If you do not agree to all the terms of this agreement, you may not access the website or use any of its services.

Online store terms

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.

You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction, including copyright laws.

You must not transmit any worms, viruses, or any code of a destructive nature. A breach or violation of any of these Terms will result in immediate termination of your access to the Service.

Our products are made to order

Every item we sell is printed individually for you after you place your order. We do not hold stock.

Because each item is printed on demand, small variations are normal and are not defects: colors may differ slightly between production runs, print placement can vary by a small margin, and garment shades can look different on a screen than in person. We have made every effort to display our products accurately, but we cannot guarantee that your display of any color will be accurate.

Products are available while our suppliers continue to offer them. We may discontinue any product at any time. Prices are subject to change without notice.

Returns and replacements for defective, damaged, misprinted, or incorrect items are covered by our Refund Policy.

Accuracy of billing and account information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order.

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

Third-party services and links

Our store is hosted on Shopify, and our products are manufactured and shipped by third-party print providers. Certain content, products and services available through our Service may include materials from third parties, as well as links to third-party websites.

We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites, and we do not warrant and will not have any liability for them. Please review the policies of any third party before you engage in a transaction with them.

Personal information

Your submission of personal information through the store is governed by our Privacy Policy.

Errors, inaccuracies and omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability.

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service is inaccurate at any time without prior notice, including after you have submitted your order.

Prohibited uses

In addition to other prohibitions set out in these Terms, you are prohibited from using the site or its content for any unlawful purpose; to solicit others to perform unlawful acts; to violate any regulations, rules, or laws; to infringe upon our intellectual property rights or those of others; to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; to submit false or misleading information; to upload or transmit viruses or any other type of malicious code; to collect or track the personal information of others; to spam, phish, pharm, pretext, spider, crawl, or scrape; for any obscene or immoral purpose; or to interfere with or circumvent the security features of the Service.

Disclaimer of warranties and limitation of liability

We do not guarantee that your use of our Service will be uninterrupted, timely, secure or error-free.

The Service and all products delivered to you through the Service are, except as expressly stated by us, provided "as is" and "as available" for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties of merchantability and fitness for a particular purpose.

In no case shall Spinach Creations, L.L.C., our directors, officers, employees, affiliates, agents, contractors, suppliers, or service providers be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind arising from your use of the Service or any products procured using the Service. Where liability cannot be excluded under applicable law, our liability is limited to the amount you paid for the product concerned.

Indemnification

You agree to indemnify, defend and hold harmless Spinach Creations, L.L.C. and our affiliates, partners, officers, agents, contractors, suppliers and employees from any claim or demand, including reasonable legal fees, made by any third party arising out of your breach of these Terms of Service or your violation of any law or the rights of a third party.

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, and the unenforceable portion shall be deemed severed. Such a determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or by ceasing to use our site.

If in our sole judgment you fail to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

Entire agreement

These Terms of Service, together with any policies or operating rules posted by us on this site, constitute the entire agreement between you and us and govern your use of the Service. Any ambiguity in the interpretation of these Terms shall not be construed against the drafting party.

Governing law

These Terms of Service, and any separate agreements whereby we provide you Services, shall be governed by and construed in accordance with the laws of the State of Maryland, United States.

Changes to these terms

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 to our website. It is your responsibility to check this page periodically. Your continued use of the website following the posting of any changes constitutes acceptance of those changes.

Contact us

Questions about these Terms of Service should be sent to us at hello@spinachcreations.com.