Terms of service

OVERVIEW
Welcome to A Given Horse. The terms “we”, “us” and “our” refer to A Given Horse. A Given Horse operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a personalized shopping experience (the “Services”). A Given Horse uses Shopify to power its store and enable the provision of the Services to you.

The following Terms and Conditions, including any policies referenced herein (the “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights and address matters such as disclaimers and limitations of liability.

By accessing, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you may not access or use our Services.

ARTICLE 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are of legal age under the laws of the state, province, or country in which you reside, and that 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 visiting or browsing our online store or purchasing products or services offered by us, we may require you to provide certain information such as your email address and billing, payment, and shipping details. You represent and warrant that all information you provide in our store 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 activities conducted under your account. You may not transfer, sell, assign, or license your account to any other person.

ARTICLE 2 – OUR PRODUCTS
We strive to provide as accurate a description as possible of our products and services in our online store. However, please note that the colors and appearance of products may vary from how they appear on your screen. This may depend on the type of device you use to access the store and the settings and configuration of that device.

We do not guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or match the images or descriptions displayed in our online store.

All product descriptions 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 to limit the quantities of any products offered to any person, geographic region, or jurisdiction on a case-by-case basis.

ARTICLE 3 – ORDERS
By placing an order, you are making an offer to purchase. A Given Horse reserves the right to accept or refuse your order at its sole discretion for any reason. Your order is only accepted once A Given Horse confirms it. We must have received and processed your payment before your order is accepted. Please review your order carefully before submitting it. A Given Horse may not be able to accommodate cancellation requests once your order has been accepted.

If we do not accept, modify, or cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or phone number provided during the order process.

You may return or exchange purchases only in accordance with our Refund Policy [LINK].

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

ARTICLE 4 – PRICING 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, as set out in your order confirmation email. Unless otherwise expressly stated, listed prices exclude taxes, shipping costs, handling fees, customs duties, and import charges.

Prices displayed in our online store may differ from prices in physical stores or in online or other stores operated by third parties. From time to time, we may offer promotions that may affect pricing and that are subject to separate terms and conditions. In the event of a conflict between promotional terms and these Terms, the promotional terms shall prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address and credit card details, so that we can complete your transactions and contact you if necessary.

You represent and warrant that (i) the credit card information you provide is true, correct, and complete; (ii) you are authorized to use the credit card for the purchase; (iii) charges incurred will be honored by your credit card provider; and (iv) you will pay the charges incurred at the posted prices, including shipping, handling, and applicable taxes, if any.

ARTICLE 5 – SHIPPING AND DELIVERY
We are not liable for delays in shipping or delivery. All delivery times provided are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs clearance, or events beyond our control. Once products have been handed over to the carrier, title and risk of loss transfer to you.

ARTICLE 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, texts, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by A Given Horse, its affiliates, or its licensors, and are protected by patent, copyright, and other intellectual property laws in the United States and other jurisdictions.

These Terms permit you to use the Services for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written consent. Except as expressly provided in these Terms, nothing in these Terms grants you any license or other rights under any patent, trademark, copyright, or other intellectual property right of A Given Horse, Shopify, or any third party. Unauthorized use of the Services may violate applicable intellectual property laws. All rights not expressly granted herein are reserved by A Given Horse.

The name, logo, product names, service names, designs, and slogans of A Given Horse are trademarks of A Given Horse or its affiliates or licensors. You may not use such trademarks without the prior written permission of A Given Horse. Shopify’s name, logo, product names, service names, designs, and slogans are trademarks of Shopify. All other names, logos, product names, service names, designs, and slogans on the Services are trademarks of their respective owners.

ARTICLE 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools as part of the Services. We neither monitor nor have control over such tools.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, conditions, or endorsements of any kind. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Your use of any optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features or tools through the Services. Such new features and/or tools shall also be subject to these Terms of Service.

ARTICLE 8 – LINKS TO THIRD PARTIES
The Services may contain materials and hyperlinks to websites operated by third parties (including embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites. If you decide to leave the Services to access such third-party materials or websites, you do so at your own risk.

We are not liable for any harm or damages related to your access to or use of third-party websites, or to your purchase or use of any products, services, resources, or content on third-party websites. Please review the third party’s policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.

ARTICLE 9 – RELATIONSHIP WITH SHOPIFY
A Given Horse uses Shopify to provide the Services to you. However, all sales and purchases made in our store are concluded directly between you and A Given Horse. By using the Services, you acknowledge and agree that Shopify is not responsible for any sales-related matters between you and A Given Horse, including injury, damage, or loss resulting from purchased products or services. You expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising from or related to your purchases and transactions with A Given Horse.

ARTICLE 10 – PRIVACY POLICY
All personal information collected through the Services is subject to our Privacy Policy, which can be viewed here [LINK]. Certain personal information may also be subject to Shopify’s Privacy Policy. By using the Services, you confirm that you have read the applicable Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access to and use of the Services in order to provide and improve the Services. Information you submit through the Services may be transmitted to and shared with Shopify and third parties who may be located in countries other than your country of residence for the purpose of providing services to you. Please review our Privacy Policy [LINK] for more information about how we, Shopify, and our partners use your personal information.

ARTICLE 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, 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 commercial purposes. We may use such rights, for example, to operate, provide, evaluate, improve, and promote the Services and to fulfill our obligations and exercise our rights under these Terms.

You represent and warrant that (i) you own all Feedback or have all necessary rights to submit such Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation to (1) maintain any Feedback in confidence; (2) pay compensation for any Feedback; or (3) respond to any Feedback.

We may, but are not obligated to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms. You agree that your Feedback will not violate any rights of third parties, including copyright, trademark, privacy, personality, or other personal or proprietary rights, and will not contain unlawful, abusive, or obscene material, or any malware or other harmful code. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you provide and its accuracy. We assume no responsibility and accept no liability for any Feedback posted by you or any third party.

ARTICLE 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on or within the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Services is inaccurate at any time without prior notice, including after you have submitted your order.

ARTICLE 13 – PROHIBITED USE
You may use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or harmful purpose; (b) to violate any international, national, federal, state, provincial, or local laws or regulations; (c) to infringe upon our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against our employees or any other person; (e) to submit false or misleading information; (f) to upload, download, transmit, or otherwise use material that does not comply with these Terms; (g) to transmit unsolicited promotional or advertising material, including junk mail, chain letters, spam, or similar solicitations; (h) to impersonate or attempt to impersonate any person or entity; or (i) to engage in any conduct that restricts or inhibits anyone’s use of the Services, or that may harm A Given Horse, Shopify, or users of the Services, or expose them to liability.

You also agree not to: (a) upload or transmit viruses or any other malicious code that may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) use spam, phishing, pharming, pretexting, spidering, crawling, or scraping; or (e) interfere with or circumvent the security features of the Services, related websites, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time and without prior notice if we determine that you have violated these Terms.

ARTICLE 14 – TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time without prior notice. You remain liable for all amounts due up to and including the date of termination.

The following Articles shall survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.