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Terms and Conditions of Use

Effective Date: 03.24.2024

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By using this website, you agree to the following:


1. Introduction
 

These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions.


In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

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2. Intellectual Property Rights


Other than content you own, which you may have opted to include on this Website, under these Terms, Bur Oak Stitchery, LLC and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.


3. Restrictions
 

You are expressly and emphatically restricted from all of the following:

  1. publishing any Website material in any media;

  2. selling, sublicensing and/or otherwise commercializing any Website material;

  3. publicly performing and/or showing any Website material;

  4. using this Website in any way that is, or may be, damaging to this Website;

  5. using this Website in any way that impacts user access to this Website;

  6. using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;

  7. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;

  8. using this Website to engage in any advertising or marketing;


Certain areas of this Website are restricted from access by you and Bur Oak Stitchery, LLC may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.


4. Your Content


In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant Bur Oak Stitchery, LLC a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.


Your Content must be your own and must not be infringing on any third party’s rights. Bur Oak Stitchery, LLC reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.


5. No warranties
 

This Website is provided “as is,” with all faults, and Bur Oak Stitchery, LLC makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.

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6. Product Information:

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We have made every effort to display as accurately as possible the colors and styles of the products listed for sale on this Site. However, we cannot guarantee that the device you are using to view this Site will display the colors or styles accurately.

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7. Purchasing Products:

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When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

 

When purchasing a custom item, follow all instructions on the product listing and include all required information.

 

You may change the contents and quantities of items in your shopping cart until you submit your order, after which your order will be processed and changes to the order will no longer be accepted. After submitting your order, if accepted, a confirmation page will be displayed and your order number will be provided. You will also be sent an email confirmation shortly after your order has been submitted. If your email confirmation does not arrive within 48 hours after you have placed your order, please contact us via email for assistance.

 

If you placed an order with one or more custom items, you will receive a separate communication to confirm material selection for your item(s). You are consenting to receive email and/or text messages from us to confirm material selection for your custom order. Standard message and data rates may apply.

 

You will be emailed once your order is shipped or ready for pickup. If shipped, you may track your order using the tracking number included in your shipping confirmation email.

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8. Pricing

The prices we charge for our services and products are listed on the website. We reserve the right to change our prices for services and products displayed at any time, and to correct pricing errors that may inadvertently occur.

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9. Site Transactions

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In the event we need to modify or cancel an order, we will attempt to notify you through the email and/or billing phone number provided at the time the order was made. We reserve the right to refuse any order you place with us. We may, in our sole discretion and judgment, limit or prohibit orders that appear to be placed by dealers, resellers, or distributors.

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10. Local Pickup

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If you select local pickup, you are consenting to pick up your item from the Target parking lot located at 21615 S Diamond Lake Rd, Rogers, MN 55374. You are also consenting to receive email and/or text messages from us to coordinate a pickup day and time. Standard message and data rates may apply.

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11. Return, Refund and Exchange Policy

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Please note that all sales are final. No returns, refunds or exchanges are accepted.

 

Woah - why no returns or exchanges?
Offering returns as a small business is tough as it unfortunately incurs additional time and costs due to chargeback fees, etc., which would require raising prices to absorb those costs.


While handcrafted items may have small imperfections and variations from item to item, we work hard to create high quality products with strong attention to detail. We also strive to take color-accurate photos and write detailed descriptions of products and services.


Shipped items are carefully packaged to protect your purchase from rough handling and the elements, but ultimately we cannot be responsible for any damage that occurs by the delivery company.

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12. Retention of right to change offering

We may, without prior notice, change the services and products offered; stop providing services and products or any features of the services and products we offer; or create limits for the services and products we offer. We may permanently or temporarily terminate or suspend access to the services and products without notice and liability for any reason, or for no reason.


13. Limitation of liability
 

In no event shall Bur Oak Stitchery, LLC , nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Bur Oak Stitchery, LLC, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.


14. Indemnification
 

You hereby indemnify to the fullest extent Bur Oak Stitchery, LLC from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.


15. Severability
 

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.


16. Variation of Terms
 

Bur Oak Stitchery, LLC is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.


17. Assignment
 

Bur Oak Stitchery, LLC shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, .you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.


18. Entire Agreement
 

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Bur Oak Stitchery, LLC and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.


19. Governing Law & Jurisdiction
 

These Terms will be governed by and construed in accordance with the laws of the State of Minnesota, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Minnesota for the resolution of any disputes.

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