Terms of Use

Terms of Use

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. The Spirit of the Artisan "Terms of Use" govern the use of this website and the purchase of any products from it. The website is owned and operated by Spirit of the Artisan 

In the context of this website, “we”, “our” and “us” means www.spiritoftheartisan.com and “you” and “your” means you, the user or customer of this website. If you do not agree with these terms of use, please do not use this site.

The following Terms of Use and any other rules posted on our www.spiritoftheartisan.com constitute an agreement between us and you, the visitor, governing your access and use of all content and functionalities available at the Spirit of the Artisan website, related micro- sites accessed through the URL www.spiritoftheartisan.com, related domain names, and any other website or micro-site of Spirit of the Artisan (collectively the "Site").

By visiting the Site, you are accepting and consenting to the practices described in the Terms of Use. We may modify the Terms of Use from time to time and your continued use of this Site (or any of our other Sites) following such change shall signify your agreement to be bound by the modified Terms of Use.

For more information email info@spiritoftheartisan.com.

COPYRIGHTS, TRADEMARKS AND CONTENT

The entire content published on this Site, including but not limited to text, graphics or code is copyrighted under copyright laws, and is the sole property of www.spiritofthearitsan.com. Copyright 2020, Spirit of the Artisan ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this Site for the sole purpose of placing an order with www.spiritofthearitsan.com. Without obtaining our prior written consent, any other use, including but not limited to the reproduction, modification, distribution, display or transmission of the content of this Site is strictly prohibited. You further agree not to change or delete any proprietary notices from materials downloaded from the Site.

All trademarks, service marks and trade names of www.spiritofthearitsan.com used in the Site are trademarks or registered trademarks of Spirit of the Artisan. 

You acknowledge and agree that all copyright, designs, the "look and feel" of the Site, trademarks and all other intellectual property and material rights relating to the content as herein described shall remain at all times vested in Spirit of the Artisan and/or are the property of their respective owners. All such content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by federal and state laws and regulations and international treaty provisions. You are permitted to use the content only as expressly authorized by Spirit of the Artisan and/or its third party licensors. Any reproduction or redistribution of the above listed content is prohibited.

In addition to the Intellectual property rights mentioned above, "Content" is defined as all information such as the "look and feel" of the Site, data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files on this Site. Spirit of the Artisan tries to ensure that the information on this site is accurate and complete. We do not warrant that the Site’s Content is accurate and error-free. Your use of the Web Site is at your risk. Without limiting the foregoing, everything on the Web Site is provided to you "as is" and "as available" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or non-infringement. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Site. Spirit of the Artisan reserves the right to withdraw, temporarily or permanently, any Content from this Site at any time and for any reason. Removal may be immediate and without notice. You confirm that Spirit of the Artisan is not liable to you or any third party for any such withdrawal.

ELIGIBILITY TO PURCHASE AND ORDER

The purchase of merchandise through the Site is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of the state of Texas.

In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.

The Site is available only to individuals and others who meet the Site’s terms of eligibility, who have been issued a valid credit/debit card by a United States bank and who have authorized us to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase.

Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

We reserve the right not to accept your order in the event that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out within the Terms of Use.

Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been previously sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

Spirit of the Artisan offers products for sale that are in stock and available for dispatch from our distribution center. Occasionally however, we may be waiting for shipments from our suppliers. Consequently you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase. This will ensure that you receive this item in priority once stock has been delivered to us. Your rights regarding Advance Purchase are the same as those for any other purchase at the Site.

Items received into stock may be pre-allocated to satisfy Advance Payment orders and customers making Advance Payments will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your credit/debit card within thirty days of being advised that merchandise has become unavailable.

CHANGES TO TERMS

We reserve the right to make changes to these Terms of Use at any time should those changes be required for a successful technological and legal operation of this Site. You should check these Terms of Use regularly for such changes.

CHANGES TO PRODUCTS AND PRICES

Prices shown on the Site are in US Dollars and are exclusive of taxes. If we ship to you in Texas, sales tax will be added. Sales taxes for additional states may be added in the future. No other tax or import duty will be applied to orders shipped within the USA.

We reserve the right to make changes to the products and prices listed on the Site, and to other content of this website, at any time without notice.

While we do our best to ensure that product descriptions on our website are accurate, some inaccuracies, typographical errors or misinterpretations may occur. We reserve the right to correct such inaccuracies or typographical errors as they are identified without Spirit of the Artisan being held accountable for such inaccuracies or errors.

SECURITY & PAYMENT

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

Payment: If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS).

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. 

PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.

GENERAL LEGAL TERMS

Complete Terms: the Terms of Use constitute the whole legal agreement between you and Spirit of the Artisan and govern your use of the Services. Notwithstanding the foregoing, you understand that Spirit of the Artisan may make changes to the Terms of Use from time to time. When these changes are made, Spirit of the Artisan will make a new copy of the Terms of Use available at https://www.spiritofthearitsan.com. You agree that Spirit of the Artisan is under no obligation to provide you with notices regarding changes to the Terms of Use. You understand that it is your responsibility to check the Terms of Use for changes.

Confidentiality: You understand that Spirit of the Artisan grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Spirit of the Artisan reserves the right to revoke these exceptions either generally or in specific cases.

Liability in the Event of Breach: You agree that you will comply with all of the provisions of the Terms of Use. You understand that you are solely responsible for any breach of your obligations under the Terms of Use and for the consequences of any such breach.

Rights Not Waived: You agree that if Spirit of the Artisan does not exercise or enforce any legal right or remedy which is contained in the Terms of Use this will not be taken to be a formal waiver of Spirit of the Artisan’s rights and that those rights or remedies will still be available to Spirit of the Artisan.

Severability: If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Use is invalid, then that provision will be removed from the Terms of Use without affecting the rest of the Terms of Use. The remaining provisions of the Terms of Use will continue to be valid and enforceable.

Violation of Terms of Use: Please report any violations of the Terms of Use by emailing support@spiritoftheartisan.com.

Independent Relationship: You and Spirit of the Artisan are independent contractors, and these Terms of Use, including but not limited to submission or distribution of any Content you created, will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between the you and Spirit of the Artisan. Neither party will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent. Neither party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set forth in the Terms of Use. Neither party shall in any manner advertise, represent or hold itself (or any of its agents) out as so acting or being authorized so to act, or incur any liabilities or obligations on behalf of, or in the name of, the other party, unless specifically provided for in the Terms of Use.

RESOLVING YOUR CONCERNS

If you have any concerns with, or do not understand, our Terms of Use, we welcome you to contact us and we will make every effort to address and resolve your concerns. Feel free to contact us by email address at info@spiritoftheartisan.com.