Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Hoodwinked! The terms "we", "us", and "our" refer to Hoodwinked. Hoodwinked operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Hoodwinked is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service 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 Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

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

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our store is correct, current, and complete and that you have all rights necessary to provide this information.

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

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online store. However, please note that colors, print placements, or product appearance may differ slightly from how they appear on your screen due to your device settings, screen resolution, and individual print-on-demand production processes.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be identical to digital mockups rendered in our online store.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer 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. Hoodwinked reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Hoodwinked confirms acceptance and processes payment.

Because items are custom-printed upon order placement, please review your order details (including size, color, and shipping address) carefully before submitting. Hoodwinked may be unable to accommodate cancellation or modification requests after an order has entered production.

In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to refund or replacement solely in accordance with our Refund Policy.

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

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include shipping, handling, local customs duties, or applicable taxes.

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

You represent and warrant that:

The payment information you provide is true, correct, and complete.
You are duly authorized to use such payment method for the purchase.
Charges incurred by you will be honored by your financial institution.
You will pay charges incurred by you at the posted prices, including shipping, handling, and all applicable taxes or duty fees.

SECTION 5 - SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times provided at checkout are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs clearance procedures, weather events, or circumstances outside our control. Once we or our manufacturing partners transfer products to the carrier, title and risk of loss pass to you.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all apparel designs, trademarks, logos, text, displays, images, graphics, video, audio, and the design, selection, and arrangement thereof, are owned by Hoodwinked, its affiliates, or licensors and are protected by applicable copyright, trademark, and intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republication, download, store, or transmit any of the material on the Services without our prior written consent.

Hoodwinked’s name, logo, brand name, slogans, and custom artwork are trademarks of Hoodwinked. You must not use such marks without prior written permission. All other names, logos, product names, and designs belong to their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control or input over.

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. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including social media features or payment processors). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites.

We are not liable for any harm or damages related to your access to any third-party websites or transactions made in connection with them. Please review carefully the third party's policies and practices before engaging in any transaction.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Hoodwinked is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Hoodwinked.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Hoodwinked, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Hoodwinked.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the platform. Information you submit to the Services will be transmitted to and shared with Shopify and relevant fulfillment partners as necessary to fulfill your orders.

SECTION 11 - FEEDBACK AND REVIEWS

If you submit product reviews, suggestions, ideas, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including marketing and commercial use.

You represent and warrant that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, or personal rights, and will not contain libelous, unlawful, or offensive material.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our store that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, or availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly:

For any unlawful or malicious purpose.
To violate any international, federal, provincial, state, or local regulations, rules, or laws.
To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
To transmit false, misleading, or deceptive information.
To upload or transmit viruses, malicious code, or scraping bots.
To re-sell, duplicate, copy, or exploit any portion of the Services without express permission.

We reserve the right to suspend or terminate your access to the store at any time for violating any prohibited uses.

SECTION 14 - AGENTS AND AUTOMATION

Any automated software, bot, or semi-autonomous agent interacting with our Services must explicitly identify itself in its request header, must not conceal or obfuscate its activity, must not attempt to bypass CAPTCHAs or security barriers, and must comply with all security controls implemented on the platform.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services at our sole discretion at any time without notice. You will remain liable for all amounts due up to and including the date of termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

THE SERVICES AND ALL PRODUCTS OFFERED THROUGH HOODWINKED ARE 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 OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL HOODWINKED, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, 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 ANY OF THE SERVICES OR PRODUCTS PROCURED USING THE SERVICES.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Hoodwinked, Shopify, and our affiliates, officers, directors, agents, and contractors from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third party.

SECTION 19 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms without affecting the validity of remaining provisions.

SECTION 20 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with applicable laws.

SECTION 21 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates to our website. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.