TERMS OF SERVICE

OVERVIEW

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

The following 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 rights and responsibilities, including information regarding orders, shipping, returns, warranties, 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 our 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 or province 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 products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You agree that the information you provide is accurate, current, and complete.

You are responsible for maintaining the security of your account credentials and for activity associated with your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 - OUR PRODUCTS

We make reasonable efforts to provide accurate descriptions and representations of the products offered through our store. However, colors and product appearance may vary depending on your device, screen settings, lighting, materials, and other factors.

Because many Flutterby Creations products are handmade or made to order, slight variations in appearance may occur. These variations are part of the handmade or individually produced nature of the products and do not necessarily constitute a defect.

Product descriptions, availability, pricing, and other product information may change from time to time. We reserve the right to discontinue products or limit quantities available for purchase.

SECTION 3 - ORDERS

When you place an order, you are submitting a request to purchase the products in your order. Flutterby Creations reserves the right to accept, decline, or cancel an order when necessary, including when an item is unavailable, a pricing or listing error has occurred, or we reasonably believe an order may be fraudulent or unauthorized.

Your order is not considered accepted until payment has been received and the order has been processed.

Please review your order carefully before submitting it. Cancellation requests may not be accommodated once an order has entered processing or has been shipped.

Returns, refunds, exchanges, and other order-related remedies are handled according to our Return & Refund Policy.

You agree that purchases made through our store are for personal or household use and not for unauthorized commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions may change without notice. The price charged for a product will generally be the price displayed at the time the order is placed and will be included in your order confirmation.

Unless otherwise stated, applicable taxes and shipping charges are calculated separately at checkout.

Prices or promotions offered through our online store may differ from prices or promotions offered at vendor events or through other sales channels.

You agree to provide current, complete, and accurate billing, payment, and account information for purchases made through our store.

You represent that you are authorized to use the payment method provided for your purchase and agree to pay all charges associated with your order, including applicable taxes and shipping charges.

SECTION 5 - SHIPPING AND DELIVERY

Processing times and shipping information are described in our Shipping Policy.

Processing time is separate from shipping transit time. Processing times vary by product and may be longer during periods of high order volume, seasonal launches, or vendor events.

Shipping and delivery dates are estimates and are not guaranteed. Flutterby Creations is not responsible for delays caused by shipping carriers, weather, customs, or other circumstances outside our reasonable control.

For information regarding shipping costs, transit times, damaged packages, missing packages, and shipping coverage, please refer to our Shipping Policy.

SECTION 6 - INTELLECTUAL PROPERTY

The Services, including but not limited to our trademarks, business name, logos, text, product descriptions, photographs, graphics, designs, videos, and other content, are owned by Flutterby Creations or its licensors and are protected by applicable intellectual property laws.

You may access and use the Services for personal, non-commercial purposes. You may not reproduce, distribute, modify, copy, create derivative works from, publicly display, republish, or commercially use our content without prior written permission.

Flutterby Creations names, logos, product names, designs, and slogans may not be used without prior written permission.

Shopify's name, logo, products, services, and trademarks belong to Shopify. Other trademarks appearing on our Services belong to their respective owners.

SECTION 7 - OPTIONAL TOOLS

We may provide access to third-party tools, applications, or services that we do not control or operate.

Any optional third-party tools are provided according to the terms and conditions of the applicable third-party provider. Your use of those tools is at your own discretion and subject to the provider's applicable terms.

We may introduce additional features, tools, or services in the future. Any new features will also be subject to these Terms of Service unless otherwise stated.

SECTION 8 - THIRD-PARTY LINKS AND PRODUCTS

Our Services may contain links to websites, services, or other resources operated by third parties.

We are not responsible for the content, accuracy, availability, policies, or practices of third-party websites or services.

Our Stationery collection includes products fulfilled by third-party suppliers through Shopify Collective. These products may be subject to additional supplier policies, including separate processing, shipping, and return requirements.

Please review the applicable policies for third-party products before completing your purchase.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Flutterby Creations is powered by Shopify, which enables us to provide the Services to you. However, purchases made through our store are transactions between you and Flutterby Creations.

Shopify is not responsible for the products sold by Flutterby Creations or for disputes arising directly from purchases between you and Flutterby Creations, except as otherwise required by law or applicable Shopify policies.

SECTION 10 - PRIVACY POLICY

Personal information collected through the Services is handled according to our Privacy Policy.

Because the Services are hosted by Shopify, Shopify also collects and processes certain information in connection with your use of the Services. Shopify's handling of information is also subject to Shopify's applicable privacy policies.

SECTION 11 - FEEDBACK AND REVIEWS

If you submit, post, email, or otherwise provide feedback, reviews, suggestions, ideas, photographs, or other content to Flutterby Creations, you grant us permission to use, reproduce, modify, publish, distribute, and display that content for purposes related to operating, improving, and promoting our business, subject to applicable law.

You represent that you have the necessary rights to any content you submit and that your submission does not violate the rights of another person or entity.

You are responsible for the content you submit. We may remove content that we reasonably determine to be unlawful, abusive, defamatory, misleading, obscene, threatening, or otherwise inappropriate or that violates these Terms.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information on our Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, availability, or other information.

We reserve the right to correct errors, inaccuracies, or omissions and to update information when necessary.

If an error affects an order, including an incorrect price or product availability, we may contact you regarding the order or cancel the order when appropriate.

SECTION 13 - PROHIBITED USES

You may use the Services only for lawful purposes.

You agree not to use the Services:

• For any unlawful or malicious purpose.
• To violate applicable federal, state, or local laws or regulations.
• To infringe upon the intellectual property rights of Flutterby Creations or others.
• To harass, abuse, threaten, defame, or harm another person.
• To submit false, misleading, or fraudulent information.
• To impersonate another person or entity.
• To transmit viruses, malware, or other harmful code.
• To spam, phish, or engage in fraudulent activity.
• To interfere with or disrupt the operation or security of the Services.
• To use automated systems, bots, scraping tools, or data-extraction methods to access or collect information from the Services without authorization.
• To bypass or attempt to circumvent security, access controls, or other measures used to protect the Services.

We reserve the right to suspend or terminate access to the Services when we reasonably believe these Terms have been violated.

SECTION 14 - AGENTS

This section applies if you use software or services that take autonomous or semi-autonomous actions on your behalf to access or interact with the Services.

Any authorized automated access must comply with applicable technical requirements, identify itself appropriately when required, and must not circumvent security measures, CAPTCHAs, access controls, or other restrictions designed to protect the Services.

We may limit or restrict automated access to the Services when necessary to protect the store, its customers, or our systems.

SECTION 15 - TERMINATION

We may suspend or terminate your access to the Services when permitted by law, including if you violate these Terms or engage in conduct that may harm Flutterby Creations, our customers, or our Services.

Provisions that by their nature should continue after termination, including intellectual property, disclaimers, limitations of liability, indemnification, and applicable governing-law provisions, will continue to apply.

SECTION 16 - DISCLAIMER OF WARRANTIES

To the fullest extent permitted by applicable law, the Services are provided on an "as is" and "as available" basis.

We make reasonable efforts to keep our Services accurate and available, but we do not guarantee that the Services will always be uninterrupted, secure, timely, or error-free.

Nothing in these Terms is intended to exclude or limit any warranty, right, or protection that cannot legally be excluded or limited under applicable law.

SECTION 17 - LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Flutterby Creations and its owners, employees, contractors, service providers, affiliates, and licensors will not be liable for indirect, incidental, special, consequential, or punitive damages arising from your use of the Services or products purchased through the Services, except where such limitation is prohibited by law.

Nothing in these Terms limits liability that cannot legally be limited or excluded.

SECTION 18 - INDEMNIFICATION

To the fullest extent permitted by law, you agree to indemnify and hold harmless Flutterby Creations and its owners, employees, contractors, service providers, affiliates, and licensors from claims, damages, liabilities, and reasonable expenses arising from your violation of these Terms, your unlawful use of the Services, or your violation of another person's rights.

SECTION 19 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the fullest extent permitted by law, and the remaining provisions will remain in effect.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

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

These Terms, together with the policies referenced in them, constitute the agreement between you and Flutterby Creations regarding your use of the Services and supersede prior agreements or communications concerning the Services.

SECTION 21 - ASSIGNMENT

You may not transfer or assign these Terms or your rights or obligations under them without our prior written consent.

Flutterby Creations may assign or transfer these Terms when permitted by law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements through which we provide Services are governed by the laws of the State of Texas, without regard to conflict-of-law principles.

Any legal action relating to these Terms or the Services will be brought in a court of appropriate jurisdiction in Texas, unless otherwise required by applicable law.

SECTION 23 - HEADINGS

Section headings are provided for convenience and do not limit or otherwise affect the meaning of these Terms.

SECTION 24 - 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. When required by law, we will provide notice of material changes.

Your continued use of the Services after changes are posted constitutes acceptance of the updated Terms to the extent permitted by law.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

Flutterby Creations
Email: ilea@flutterbycreation.com