Terms of service

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TERMS OF SERVICE — BIRCHWYN

OVERVIEW

Welcome to Birchwyn! The terms "we", "us" and "our" refer to Birchwyn. Birchwyn 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"). Birchwyn is a print-on-demand brand powered by Shopify, and all products are produced and fulfilled by our print-on-demand partner, Printify.

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, 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.

To use the Services, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current and complete.

You are solely responsible for maintaining the security of your account credentials and for all account activity.

SECTION 2 - OUR PRODUCTS

All Birchwyn products are custom, made-to-order items produced through our print-on-demand fulfillment partner, Printify, only after an order is placed. We have made every effort to provide an accurate representation of our products; however, colors or product appearance may differ from how they appear on your screen due to your device settings.

All descriptions of products are subject to change at any time without notice at our sole discretion.

SECTION 3 - ORDERS AND FULFILLMENT

When you place an order, you are making an offer to purchase. Your order is not accepted until Birchwyn confirms acceptance and payment has been processed.

As a print-on-demand brand, once your order is confirmed, it is automatically transmitted to our fulfillment partner, Printify, for production and shipping. Because each item is custom-made specifically for your order, please review your order carefully before submitting, as we are unable to accommodate cancellation requests once an order has entered production.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

SECTION 4 - PRICES 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, as shown in your order confirmation email. Posted prices do not include taxes, shipping, handling, customs or import charges unless otherwise stated.

You agree to provide current, complete and accurate payment information for all purchases, and that charges incurred by you will be honored by your payment provider.

SECTION 5 - OUR FULFILLMENT PARTNERSHIP WITH PRINTIFY

Birchwyn does not manufacture, print, hold inventory, or personally ship any of our products. Every order placed on our store is fulfilled entirely through our production partner, Printify, and its global network of independent print providers, from printing to final delivery.

When you place an order with Birchwyn, here is what happens:

  1. Your order is transmitted to Printify once payment is confirmed.
  2. Printify assigns your order to one of its independent print providers based on the product type and your delivery location.
  3. The print provider produces your item, packages it, and ships it directly to you.
  4. Tracking information is passed back to us and shared with you via email.

As Printify does not own, create, or control the quality of production directly, since this is handled by their independent print providers, Birchwyn's role is to design, curate, and sell these products to you, along with providing customer support throughout your order journey.

Order Accuracy Once an order is submitted to production, its contents including size, color, shipping address, and delivery method cannot be modified or canceled, as production begins immediately. Please review your order carefully before checkout, as Birchwyn is not responsible for orders affected by incorrect information provided at checkout.

Product Quality and Issues Slight variations in print placement, color, or material may occur due to differences in production equipment across facilities. If your order arrives damaged, defective, or incorrect, please refer to our Return and Refund Policy for how to report the issue and request a reprint or refund.

Shipping Timeframes Delivery timeframes vary by product and location, as outlined in our Shipping Policy. Birchwyn is not liable for delays caused by production, customs processing, or shipping carriers beyond our control.

No Guarantee of Uninterrupted Service Birchwyn cannot guarantee uninterrupted availability of any specific product at all times, and reserves the right to discontinue or modify product offerings as needed.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including all trademarks, brands, text, displays, images, graphics, and product designs, are owned by Birchwyn, its affiliates or licensors and are protected by applicable copyright and other intellectual property laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, or transmit any material on the Services without our prior written consent.

Birchwyn's name, logo, product designs, and slogans are trademarks of Birchwyn. Shopify's name, logo, and related marks are trademarks of Shopify. All other names, logos, and marks are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided access to third-party tools as part of the Services, which we neither monitor nor control. We provide access to such tools "as is" and "as available" without any warranties, and have no liability arising from your use of them.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain hyperlinks to websites operated by third parties. We are not responsible for the content or accuracy of any third-party materials or websites, and are not liable for any harm resulting from your use of them.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Birchwyn is powered by Shopify, which enables us to provide the Services to you. Any sales and purchases you make in our store are made directly with Birchwyn. Shopify is not responsible for any aspect of any sales between you and Birchwyn, including any injury, damage, or loss resulting from purchased products.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed on our website. Certain personal information may also be subject to Shopify's and Printify's respective privacy policies, as your order details are shared with Printify for production and shipping purposes.

SECTION 11 - FEEDBACK

If you submit any ideas, suggestions, feedback, or reviews, you grant us a perpetual, worldwide, royalty-free license to use, reproduce, modify, publish, and distribute such feedback for any purpose, including commercial use. We are under no obligation to keep feedback confidential or compensate you for it.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

The Services may occasionally contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, shipping charges, and availability. We reserve the right to correct such errors and to change, update, or cancel orders at any time without prior notice.

SECTION 13 - PROHIBITED USES

You may not use the Services to violate any laws, infringe on intellectual property rights, harass or harm any person, transmit false or misleading information, send spam, impersonate any person or entity, or engage in conduct that restricts others' use of the Services.

You further agree not to upload malicious code, scrape data using automated tools, or attempt to bypass any security measures. We reserve the right to suspend or terminate your account at any time without notice for violation of these Terms.

SECTION 14 - AGENTS

This section applies if you use, allow, or enable any Agent (autonomous or semi-autonomous software) to access, use, or interact with any Services. No Agent may access the Services unless it clearly identifies itself as an Agent in all requests, does not mimic human behavior or bypass CAPTCHAs, responds truthfully regarding its automated nature, and does not circumvent any access controls.

SECTION 15 - TERMINATION

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

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on the Services is made available solely for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information.

EXCEPT AS EXPRESSLY STATED BY BIRCHWYN, THE SERVICES AND ALL PRODUCTS OFFERED ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT FULLY APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL BIRCHWYN, ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, PRINTIFY, SHOPIFY, OR ANY OF THEIR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Birchwyn, Shopify, Printify, and our respective affiliates, officers, directors, employees, and agents from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, arising out of your breach of these Terms, your violation of any law or third-party rights, or your access to and use of the Services.

SECTION 19 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be enforceable to the fullest extent permitted by law, and the remainder of these Terms shall remain in full effect.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right. These Terms, along with any policies referenced herein, constitute the entire agreement between you and Birchwyn.

SECTION 21 - ASSIGNMENT

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign or transfer these Terms without notice to you.

SECTION 22 - GOVERNING LAW

These Terms of Service shall be governed by and construed in accordance with the laws of the jurisdiction in which Birchwyn is headquartered, and you consent to the venue and jurisdiction of the courts located there.

SECTION 23 - HEADINGS

The headings used in this agreement are included for convenience only and do not limit or affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

We reserve the right to update or change these Terms of Service at any time by posting updates to our website. Your continued use of the Services following any changes constitutes your acceptance of those changes.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at kushalparekh2026@gmail.com.

Birchwyn kushalparekh2026@gmail.com

 Printify - Address

108 West 13th Street,

Wilmington, Delaware 19801