Terms of service
Welcome to Birchwyn. In these Terms of Service, the terms "we," "us," and "our" refer to Birchwyn ("Birchwyn," "the Company"). Birchwyn owns and operates this website and storefront, together with all associated content, features, tools, and services (collectively, the "Services"), to provide our customers with a curated and reliable shopping experience. Birchwyn is a print-on-demand brand, with all products produced and fulfilled through our manufacturing partner.
We ask that you read these Terms of Service carefully, together with our Privacy Policy, as they set out important information regarding your rights and obligations, including disclaimers of warranty and limitations of liability.
By accessing, browsing, or otherwise using our Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service and our Privacy Policy in their entirety. If you do not agree to these Terms, we ask that you refrain from accessing or using our Services.
Section 1 — Access and Account
By accepting these Terms of Service, you confirm that you have reached the age of majority in your state, province, or jurisdiction of residence.
To use certain features of our Services, you may be required to provide information such as your name, email address, billing details, payment information, and shipping address. You represent and warrant that any information you provide to us is accurate, current, and complete, and you agree to promptly update such information as needed.
You are solely responsible for safeguarding your account credentials and for all activity that occurs under your account. Please notify us immediately if you become aware of any unauthorized use of your account.
Section 2 — Our Products
Every Birchwyn product is custom-made to order and produced exclusively through our manufacturing partner, following confirmation of your purchase. We take great care to represent our products accurately; however, please note that colors, textures, and finishes may vary slightly from what is displayed, due to differences in device screens and display settings.
We reserve the right to update, revise, or discontinue product descriptions and offerings at our discretion and without prior notice.
Section 3 — Orders and Fulfillment
Placing an order through our Services constitutes an offer to purchase, which is subject to our acceptance. An order is not considered final until Birchwyn has confirmed acceptance and payment has been successfully processed.
As each item is manufactured specifically for you upon order confirmation, we are unable to accommodate order changes or cancellations once production has commenced. We encourage you to carefully review your order details prior to submission.
All purchases are governed by, and eligible for return or exchange solely in accordance with, our Refund Policy.
Section 4 — Pricing and Billing
All prices, discounts, and promotional offers are subject to change without prior notice. The price applicable to your order is the price displayed at the time of purchase, as confirmed in your order confirmation email. Listed prices do not include applicable taxes, shipping, handling, customs duties, or import fees unless explicitly stated otherwise.
By placing an order, you confirm that the payment information provided is accurate and complete, and you authorize us to process the applicable charges through your chosen payment method.
Section 5 — Our Manufacturing and Fulfillment Partnership
Birchwyn does not manufacture, warehouse, or personally ship any products. All orders are fulfilled entirely through our manufacturing partner and its network of vetted, independent production facilities — from production through final delivery.
How your order is processed:
- Upon payment confirmation, your order is automatically transmitted to our manufacturing partner for production.
- Your order is assigned to an appropriate production facility based on product type and delivery destination.
- The production facility manufactures, packages, and ships your item directly to your address.
- Tracking information is relayed to Birchwyn and shared with you by email.
Because production quality is managed directly by our manufacturing partner's independent production facilities, Birchwyn's role is to design, curate, and sell these products, while providing dedicated customer support throughout your entire order journey.
Order Accuracy. Once submitted, order details — including size, color, shipping address, and delivery method — cannot be modified or canceled, as production begins immediately upon confirmation. We encourage customers to review all order information carefully prior to checkout. Birchwyn is not responsible for issues arising from inaccurate information supplied by the customer at checkout.
Product Quality. Minor variations in print placement, color, or material may occur as a natural result of differences across production facilities. Should your order arrive damaged, defective, or incorrect, please refer to our Return and Refund Policy for instructions on reporting the issue and requesting a reprint or refund.
Shipping Timeframes. Delivery timelines vary by product and destination, as detailed in our Shipping Policy. Birchwyn is not liable for delays resulting from production schedules, customs processing, or third-party shipping carriers beyond our reasonable control.
Product Availability. While we strive to maintain consistent product availability, Birchwyn reserves the right to modify or discontinue product offerings as necessary.
Customer Support. All customer service, order inquiries, and dispute resolution are handled directly by Birchwyn. Customers should not attempt to contact our manufacturing or production partners directly regarding order issues.
Section 6 — Intellectual Property
All content associated with our Services — including trademarks, brand names, text, graphics, images, and product designs — is the property of Birchwyn, its affiliates, or its licensors, and is protected under applicable copyright and intellectual property laws.
No material appearing on our Services may be reproduced, distributed, modified, adapted, publicly displayed, or otherwise used without our prior written consent.
The Birchwyn name, logo, product designs, and associated slogans are trademarks of Birchwyn. Shopify's name, logo, and related marks are trademarks of Shopify Inc. All other trademarks referenced herein remain the property of their respective owners.
Section 7 — Optional Tools
We may provide access to certain third-party tools as part of our Services. These tools are made available "as is" and "as available," without warranty of any kind, and Birchwyn assumes no responsibility or liability arising from your use of them.
Section 8 — Third-Party Links
Our Services may contain links to third-party websites. Birchwyn does not control, endorse, or assume responsibility for the content, accuracy, or practices of any linked third-party site, and shall not be held liable for any resulting harm or loss.
Section 9 — Relationship with Shopify
Birchwyn's Services are powered by the Shopify platform. Any purchase made through our Services constitutes a transaction directly between you and Birchwyn. Shopify bears no responsibility for any aspect of such transactions, including any loss, injury, or damage arising from products purchased.
Section 10 — Privacy Policy
All personal information collected through our Services is handled in accordance with our Privacy Policy. Certain information may also be subject to the respective privacy policies of Shopify and our manufacturing partner, as order details are shared with our manufacturing partner solely for production and fulfillment purposes.
Section 11 — Feedback
Should you choose to submit ideas, suggestions, or feedback, you grant Birchwyn a perpetual, worldwide, royalty-free license to use, reproduce, adapt, and distribute such feedback for any purpose, including commercial use, without obligation of confidentiality or compensation.
Section 12 — Errors, Inaccuracies, and Omissions
Our Services may occasionally contain typographical or informational errors relating to product descriptions, pricing, promotions, or availability. Birchwyn reserves the right to correct such errors and to update, modify, or cancel affected orders at any time, without prior notice.
Section 13 — Prohibited Uses
You agree not to use our Services to violate applicable law, infringe upon intellectual property or other rights, harass or harm any individual, disseminate false or misleading information, distribute unsolicited communications, impersonate any person or entity, or interfere with the proper functioning of our Services.
You further agree not to introduce malicious code, employ automated tools to extract data without authorization, or attempt to circumvent any security measures. Birchwyn reserves the right to suspend or terminate access to the Services at its discretion, without notice, in the event of any violation of these Terms.
Section 14 — Automated Agents
This section governs any use of autonomous or semi-autonomous software agents ("Agents") in connection with our Services. Any such Agent must clearly identify itself as an Agent in all interactions, must not simulate human behavior or bypass security verification measures (including CAPTCHAs), must respond truthfully regarding its automated nature, and must not attempt to circumvent any access controls.
Section 15 — Termination
Birchwyn reserves the right to suspend or terminate this agreement, or your access to the Services, at its sole discretion and without prior notice. You remain responsible for any outstanding amounts due as of the date of termination.
Section 16 — Disclaimer of Warranties
Information provided through our Services is intended for general informational purposes only. While we strive for accuracy, Birchwyn does not warrant the completeness, reliability, or accuracy of such information.
Except as expressly stated by Birchwyn, our Services and all products offered are provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. As certain jurisdictions do not permit the exclusion of implied warranties, this disclaimer may not apply to you in full.
Section 17 — Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall Birchwyn, its officers, directors, employees, affiliates, agents, or its manufacturing and platform partners, be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising from your use of the Services or any products purchased, even where advised of the possibility of such damages.
Section 18 — Indemnification
You agree to indemnify, defend, and hold harmless Birchwyn, Shopify, our manufacturing partner, and each of their respective affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, or expenses — including reasonable legal fees — arising from your breach of these Terms, your violation of applicable law or third-party rights, or your use of the Services.
Section 19 — Severability
Should any provision of these Terms be found unlawful, void, or unenforceable, that provision shall be enforced to the maximum extent permitted by applicable law, and the remaining provisions shall continue in full force and effect.
Section 20 — Waiver; Entire Agreement
Our failure to enforce any right or provision under these Terms shall not be construed as a waiver of that right. These Terms of Service, together with all referenced policies, constitute the entire agreement between you and Birchwyn regarding your use of the Services.
Section 21 — Assignment
You may not assign or transfer these Terms, or any rights granted hereunder, without Birchwyn's prior written consent. Birchwyn may assign or transfer these Terms at its discretion, without prior notice to you.
Section 22 — Governing Law
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Birchwyn is headquartered, without regard to conflict-of-law principles. You consent to the exclusive jurisdiction and venue of the courts located therein.
Section 23 — Headings
Section headings used throughout these Terms are provided for reference and convenience only, and do not affect the interpretation of these Terms.
Section 24 — Changes to These Terms
Birchwyn reserves the right to amend or update these Terms of Service at any time by publishing the revised version on our website. Your continued use of our Services following any such update constitutes your acceptance of the amended Terms.
Section 25 — Contact Information
For any questions regarding these Terms of Service, please contact us at birchwynstore@gmail.com