Terms of service

Overview

Welcome to Bird Shot Co.! Throughout these Terms, "we," "us," and "our" refer to Bird Shot Co. We operate this store and website — including all the content, features, tools, and products you find here — to give you a curated shopping experience (the "Services"). We're built on Shopify, which powers a lot of what happens behind the scenes.

These Terms of Service, along with any policies we reference here, spell out your rights and responsibilities when you use the Services. Please read them carefully — they cover some important legal ground, including 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 don't agree to either, please don't use or access our Services.

Section 1 — Access and Account

By agreeing to these Terms, you're confirming that you're at least the age of majority in your state or province, and that you've given consent for any minor dependents to use the Services on devices you own or manage.

To use the Services — whether browsing our store or purchasing something — you may need to provide information like your email, billing, payment, and shipping details. You're confirming that everything you give us is accurate, current, and complete, and that you have the right to provide it.

You're responsible for keeping your account credentials secure and for everything that happens under your account. You may not transfer, sell, assign, or license your account to anyone else.

Section 2 — Our Products

We do our best to represent our products accurately, but colors and appearance may look slightly different depending on your screen and device settings. We can't promise that a product will look or feel exactly as depicted once it arrives.

Product descriptions are subject to change at any time, at our discretion. We may discontinue a product or limit quantities available to any person, region, or jurisdiction as we see fit.

Section 3 — Orders

Placing an order is an offer to purchase — it isn't confirmed until we accept it, which requires us to receive and process your payment first. Please double-check your order before submitting, since we may not be able to accommodate cancellation requests once it's accepted. If we can't accept, need to change, or need to cancel an order, we'll try to reach you using the contact information you provided.

Returns and exchanges are handled solely according to our Refund Policy.

By placing an order, you're confirming it's for your own personal or household use — not for commercial resale or export.

Section 4 — Prices and Billing

Prices, discounts, and promotions can change without notice. You'll be charged the price in effect at the time you place your order, as shown in your confirmation email. Unless we say otherwise, posted prices don't include taxes, shipping, handling, customs, or import charges.

Prices in our online store may differ from prices elsewhere, including physical stores or other online retailers. Promotions we run may come with their own separate terms — if those ever conflict with these Terms, the promotion's terms take priority.

You agree to keep your purchase, payment, and account information accurate and up to date — including your email address and card details — so we can process transactions and reach you when needed.

By making a purchase, you're confirming that your payment information is accurate and that you're authorized to use it, that charges will be honored by your card issuer, and that you'll pay the posted price plus any applicable shipping, handling, and taxes.

Section 5 — Shipping and Delivery

We're not liable for shipping or delivery delays. Delivery estimates are just that — estimates, not guarantees — and we're not responsible for delays caused by carriers, customs, or anything else outside our control. Once your order leaves our hands and goes to the carrier, title and risk of loss pass to you.

Section 6 — Intellectual Property

Everything that makes up the Services — our trademarks, designs, text, images, graphics, reviews, and more — belongs to Bird Shot Co., our affiliates, or our licensors, and is protected under U.S. and international copyright and intellectual property law.

These Terms give you permission to use the Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works from, publicly display, republish, download, store, or transmit any of our material without our written consent. Nothing here grants you any license or rights to our (or Shopify's, or any third party's) patents, trademarks, or copyrights beyond what's expressly stated. Unauthorized use may violate federal and state intellectual property law, and we reserve all rights not explicitly granted here.

Our names, logos, product names, designs, and slogans are trademarks of Bird Shot Co. or our affiliates and licensors — please don't use them without our written permission. Shopify's name, logo, and related marks belong to Shopify. Any other names, logos, or marks on the Services belong to their respective owners.

Section 7 — Optional Tools

We may give you access to tools provided by third parties as part of the Services — tools we don't monitor or control. We provide access to these "as is" and "as available," without warranties or endorsement of any kind, and we're not liable for anything arising from your use of them.

Using any optional third-party tool is entirely at your own risk, and you should review that provider's own terms before relying on it. We may introduce new features or tools over time — when we do, they'll be considered part of the Services and subject to these Terms.

Section 8 — Third-Party Links

The Services may link out to websites or content run by third parties. We don't examine or vouch for the accuracy of anything on those sites, and if you choose to visit them, you do so at your own risk.

We're not liable for any harm related to your use of third-party sites, products, or services. Please review their policies carefully before engaging in any transaction, and direct any complaints about third-party products or services to that third party directly.

Section 9 — Relationship with Shopify

We're powered by Shopify, which enables us to deliver the Services to you — but any purchase you make is made directly with Bird Shot Co. Shopify isn't responsible for any part of that transaction, including any injury, damage, or loss related to the products or services you buy from us. By using the Services, you release Shopify and its affiliates from claims, damages, and liabilities tied to your purchases and transactions with us.

Section 10 — Privacy Policy

Any personal information we collect through the Services is handled according to our Privacy Policy, and some of your information may also be subject to Shopify's own Privacy Policy, which you can review here. By using the Services, you're confirming that you've read both.

Because we're hosted on Shopify, Shopify also collects and processes information about how you access and use the Services, in order to provide and improve them. Anything you submit may be shared with Shopify and, at times, third parties located outside your home country. For more detail on how we, Shopify, and our partners handle your information, take a look at our Privacy Policy.

Section 11 — Feedback

If you send us ideas, suggestions, reviews, or other feedback ("Feedback"), you're granting us a perpetual, worldwide, royalty-free license to use, reproduce, modify, publish, and distribute it in any medium, for any purpose — including commercially. We might use that Feedback to improve or promote the Services and to run our business.

You're also confirming that you own the rights to your Feedback, that you've disclosed any compensation you received for submitting it, and that it complies with these Terms. We're under no obligation to keep your Feedback confidential, pay you for it, or respond to it.

We may (but don't have to) monitor, edit, or remove Feedback that we determine, at our discretion, to be unlawful, offensive, threatening, or otherwise objectionable, or that violates someone's intellectual property or these Terms.

Your Feedback shouldn't violate anyone else's rights — copyright, trademark, privacy, or otherwise — and shouldn't contain anything unlawful, abusive, obscene, or malicious. Don't use a false email address or pretend to be someone else when submitting Feedback. You're solely responsible for what you submit and its accuracy — we take no responsibility for Feedback posted by you or anyone else.

Section 12 — Errors, Inaccuracies, and Omissions

Occasionally, something on the Services — a product description, price, promotion, shipping charge, or availability listing — may contain a typo, inaccuracy, or omission. We reserve the right to correct these, and to change, update, or cancel orders based on inaccurate information at any time, even after you've placed an order.

Section 13 — Prohibited Uses

You may only use the Services for lawful purposes. You may not use the Services to: (a) engage in unlawful or malicious activity; (b) violate any applicable law or regulation; (c) infringe our intellectual property or anyone else's; (d) harass, abuse, defame, or harm any person, including our team; (e) transmit false or misleading information; (f) send or receive material that violates these Terms; (g) send spam, chain letters, or unsolicited promotional material; (h) impersonate any person or entity; or (i) do anything that restricts or interferes with anyone else's use of the Services, or that we determine could cause harm to us, Shopify, or other users.

You also agree not to: (a) upload viruses or malicious code that could affect the Services; (b) reproduce, duplicate, resell, or exploit any part of the Services; (c) collect or track others' personal information; (d) spam, phish, pretext, spider, crawl, or scrape the Services; or (e) interfere with or circumvent the Services' security features. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we believe you've violated these Terms.

Section 14 — Termination

We may end this agreement, or your access to the Services, at our discretion and without notice — you'll remain responsible for any amounts owed up to the date of termination.

Certain sections survive termination, including: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that should reasonably continue to apply.

Section 15 — Disclaimer of Warranties

Information on the Services is provided for general purposes only. We don't warrant its accuracy, completeness, or usefulness, and any reliance you place on it is at your own risk. We disclaim liability for anything arising from that reliance, whether by you or anyone informed of the content.

Except as we've expressly stated, the Services and all products offered through them are provided "as is" and "as available," without warranties of any kind — express or implied — including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We don't guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free. Some jurisdictions don't allow these kinds of disclaimers, so parts of this may not apply to you.

Section 16 — Limitation of Liability

To the fullest extent permitted by law, neither we nor our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors — nor Shopify and its affiliates — will be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind (including lost profits, lost revenue, lost savings, lost data, or replacement costs), however they arise, whether in contract, tort, strict liability, or otherwise, connected to your use of the Services or any product, including errors, omissions, or any loss resulting from content made available through the Services — even if we've been advised of the possibility of such damages.

Section 17 — Indemnification

You agree to indemnify, defend, and hold harmless Bird Shot Co., Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims — including reasonable attorneys' fees — arising from (1) your breach of these Terms, (2) your violation of any law or third party's rights, or (3) your access to or use of the Services.

We'll notify you of any indemnifiable claim, though a delay in notifying you won't relieve your obligations unless it materially prejudices your defense. We may control the defense and settlement of a claim at your expense, though we won't settle in a way that imposes non-monetary obligations on you without your reasonable consent. You agree to cooperate with our defense, including by providing relevant documentation.

Section 18 — Severability

If any part of these Terms is found unlawful, void, or unenforceable, that part will still be enforced to the fullest extent the law allows, and the rest of these Terms will remain in effect.

Section 19 — Waiver; Entire Agreement

If we don't enforce a right or provision in these Terms, that doesn't mean we're waiving it.

These Terms, together with any policies we've posted, form the entire agreement between you and us regarding your use of the Services, superseding any prior agreements or communications — written or oral — including earlier versions of these Terms.

Any ambiguity in these Terms won't be interpreted against whichever of us drafted them.

Section 20 — Assignment

You may not transfer or assign this agreement, or any of your rights or obligations under it, without our written consent — any attempt to do so is void. We may transfer, assign, or delegate these Terms and our rights and obligations without needing your consent or providing notice.

Section 21 — Governing Law

These Terms are governed by the laws of the jurisdiction where Bird Shot Co. is headquartered, and you consent to the jurisdiction and venue of the federal and state courts there.

Section 22 — Headings

Headings in this document are for convenience only and don't affect how these Terms are interpreted.

Section 23 — Changes to These Terms

You can always review the current version of these Terms on this page. We may update, change, or replace parts of these Terms at our discretion by posting changes here — it's your responsibility to check back periodically. We'll notify you of material changes as required by law, and those changes take effect on the date specified in the notice. Continuing to use the Services after changes are posted means you accept them.

Section 24 — Contact Information

Questions about these Terms? Reach us at support@thebirdshotco.com.

Bird Shot Co. / Shy Promotions, LLC hello@thebirdshotco.com 9421 E. Placita Eunice, Tucson, AZ 85715