Terms of service

GENERAL OVERVIEW

Welcome to Blue Bird! The terms “we,” “us,” and “our” refer to Blue Bird. Blue Bird operates this store and website, including all related information, content, features, tools, products, and services to provide you, the customer, with a customized shopping experience (the “Services”). Blue Bird is supported by Shopify, which enables us to provide the Services.

The terms and conditions below, together with any policies referenced herein (collectively, these “General Terms of Use” or “Terms”), describe your rights and responsibilities when using the Services.

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

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

SECTION 1 – ACCESS AND ACCOUNT

B

y accepting these Terms of Use, you represent that you are at least the age of majority in your state or province of residence and that you have given us your consent to allow any of your minor dependents to use the Services on devices that you own, purchase, or manage.

To use the Services, including 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, billing details, payment information, and shipping address. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide such 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 have made every effort to display our products and services as accurately as possible in our online stores. However, please note that colors or appearance may vary depending on the device you use and its settings and configuration.

We do not guarantee that the appearance or quality of any products or services purchased will meet your expectations or be identical to those displayed in our online stores.

All product descriptions may be changed at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and to limit quantities offered to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. Blue Bird reserves the right to accept or reject your order for any reason, at its sole discretion. Your order is not accepted until Blue Bird confirms acceptance. Payment must be received and processed before acceptance.

Please review your order carefully before submitting it, as we may not be able to process cancellation requests after an order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at checkout.

Purchases may be returned or exchanged only in accordance with our Refund Policy.

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

SECTION 4 – PRICING AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed and will be stated in the order confirmation email. Unless explicitly stated otherwise, prices do not include taxes, shipping, handling, customs, or import duties.

Prices shown online may differ from those in physical stores or third-party stores. We may occasionally offer promotions governed by separate terms. In case of a conflict, the promotion terms will prevail.

You agree to provide current, complete, and accurate purchase and account information and to promptly update your details, including your email and credit card information, so we can complete transactions and contact you if needed.

You represent and warrant that:

The credit card information you provide is true, accurate, and complete;

You are authorized to use the card;

Charges will be honored by your card issuer; and

You will pay all charges incurred, including applicable taxes, shipping, and handling fees.

SECTION 5 – SHIPPING AND DELIVERY

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

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including all trademarks, branding, text, displays, images, graphics, product reviews, videos, audio materials, and their design, selection, and arrangement, are owned by Blue Bird or its affiliates or licensors and are protected by U.S. and international intellectual property laws.

These Terms permit you to use the Services only for personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works from, publicly display, perform, republish, download, store, or transmit any material without prior written consent.

Nothing in these Terms grants you any license or rights to Blue Bird’s or Shopify’s intellectual property. Unauthorized use may violate intellectual property laws. All rights not expressly granted are reserved.

Blue Bird names, logos, product names, designs, and slogans are trademarks of Blue Bird. Shopify names and logos are trademarks of Shopify. All other trademarks belong to their respective owners.

SECTION 7 – OPTIONAL TOOLS

We may provide access to third-party tools that we do not monitor or control. You acknowledge that such tools are provided “as is” and “as available,” without warranties of any kind. We are not liable for your use of optional third-party tools.

Any use of these tools is at your own risk, and you must ensure you approve of the third-party terms. Future features or tools will also be considered part of the Services and subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain links to third-party websites or materials. We are not responsible for examining or evaluating their content or accuracy. Accessing third-party sites is at your own risk.

We are not liable for any damage or loss related to third-party sites, products, or services. Please review their policies carefully before engaging in any transaction.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Blue Bird is powered by Shopify, but all sales and purchases are made directly with Blue Bird. You agree that Shopify is not responsible for any aspect of transactions between you and Blue Bird, including injuries, damages, or losses. You expressly release Shopify and its affiliates from all claims arising from your transactions with Blue Bird.

SECTION 10 – PRIVACY POLICY

All personal information collected is subject to our Privacy Policy and Shopify’s Privacy Policy. By using the Services, you confirm you have read these policies.

Shopify hosts the Services and processes personal information to provide and improve them. Information may be transferred to third parties in other countries. Please review our Privacy Policy for more details.

SECTION 11 – FEEDBACK

If you submit ideas, suggestions, reviews, or other content (“Feedback”), you grant us a perpetual, worldwide, royalty-free, sublicensable license to use it for any purpose, including commercial use.

You represent that you own or have rights to the Feedback, that any compensation has been disclosed, and that your Feedback complies with these Terms. We are not required to keep Feedback confidential, pay compensation, or respond to it.

We may remove any Feedback that is illegal, offensive, or violates these Terms or intellectual property rights.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, there may be errors in product descriptions, pricing, promotions, shipping costs, transit times, or availability. We reserve the right to correct errors and to cancel or update orders at any time without prior notice.

SECTION 13 – PROHIBITED USES

You may use the Services only for lawful purposes. You may not:

Use them for illegal or malicious purposes

Violate laws or regulations

Infringe intellectual property rights

Harass, abuse, or harm others

Submit false or misleading information

Send spam or unsolicited promotions

Impersonate others

Upload malware or harmful code

Collect others’ personal data

Interfere with security features

We may suspend or terminate your account at any time without notice if you violate these Terms.

SECTION 14 – TERMINATION

We may terminate this agreement or your access to the Services at any time without notice. You remain liable for all amounts owed up to the termination date.

Certain sections will survive termination, including Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, and others that by nature should survive.

SECTION 15 – DISCLAIMER OF WARRANTIES

The Services are provided for general informational purposes only. We make no guarantees as to accuracy, completeness, or usefulness.

Except as explicitly stated, Services and products are provided “as is” and “as available,” without warranties of any kind. We do not guarantee uninterrupted or error-free use. Some jurisdictions may not allow warranty exclusions, so some may not apply to you.

SECTION 16 – LIMITATION OF LIABILITY

To the maximum extent permitted by law, Blue Bird, Shopify, and their affiliates will not be liable for any damages, including lost profits, lost data, or other indirect, incidental, or consequential damages arising from your use of the Services or products, even if advised of the possibility.

SECTION 17 – INDEMNIFICATION

You agree to indemnify and hold harmless Blue Bird, Shopify, and their affiliates from any claims, damages, or expenses arising from your breach of these Terms, violation of law, or misuse of the Services.

SECTION 18 – SEVERABILITY

If any provision of these Terms is found to be unlawful or unenforceable, the remaining provisions will remain in effect.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

Failure to enforce any right does not constitute a waiver. These Terms constitute the entire agreement between you and Blue Bird and supersede all prior agreements or communications.

SECTION 20 – ASSIGNMENT

You may not transfer your rights or obligations without our written consent. We may assign these Terms without notice.

SECTION 21 – GOVERNING LAW

These Terms are governed by the laws and courts of the jurisdiction where Blue Bird has its headquarters, and both parties consent to jurisdiction there.

SECTION 22 – HEADINGS

Headings are for convenience only and do not affect interpretation.

SECTION 23 – CHANGES TO TERMS

You can review the latest version of the Terms at any time on this page. We may update these Terms at our discretion. Continued use of the Services constitutes acceptance of changes.

SECTION 24 – CONTACT INFORMATION

Questions regarding these Terms should be sent to: bluebirdfashion@yahoo.com