Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Embroidered Grace Co. The terms “we,” “us,” and “our” refer to Embroidered Grace Co.

Embroidered Grace Co operates this store and website, including all related information, content, features, tools, products, and services offered to you in order to provide a curated shopping experience (the “Services”). Embroidered Grace Co is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced herein (collectively, the “Terms”), describe your rights and responsibilities when you access or use the Services.

Please read these Terms carefully. They contain important information regarding your legal rights and obligations, including warranty disclaimers and limitations of liability.

By visiting, interacting with, purchasing from, or otherwise using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you should not access or use the Services.

SECTION 1 - ACCESS AND ACCOUNTS

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and have given consent for any minor dependents to use the Services on devices you own, purchase, or manage.

To use certain portions of the Services, including placing an order, you may be asked to provide information such as your name, email address, billing information, payment information, and shipping address.

You represent and warrant that all information you provide is accurate, current, and complete and that you have the right to provide such information.

You are responsible for maintaining the confidentiality and security of your account credentials and for all activity occurring through your account. You may not transfer, sell, assign, or license your account to another person without our permission.

SECTION 2 - OUR PRODUCTS

We make reasonable efforts to accurately display and describe the products and services available through our online store. However, colors, textures, sizing, proportions, and appearance may vary slightly due to differences in screens, devices, materials, product manufacturing, and customization processes.

Because embroidered and personalized products are produced individually, minor variations may occur in embroidery placement, stitching, thread appearance, dimensions, alignment, garment construction, and other characteristics of the finished product. Reasonable variations inherent to embroidery, garment manufacturing, or customization are not considered defects.

Product photographs, illustrations, digital renderings, mockups, customization previews, and other visual representations are intended to provide a reasonable representation of the finished product but may not exactly reflect the final item.

All product descriptions, availability, pricing, designs, colors, materials, and specifications are subject to change without notice.

We reserve the right to discontinue any product or service at any time and to limit quantities available to any person, geographic region, or jurisdiction.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase products or services from Embroidered Grace Co.

We reserve the right to accept, reject, limit, or cancel an order at our discretion, including in cases involving suspected fraud, pricing errors, product availability, unauthorized use of intellectual property, or other circumstances that may prevent us from fulfilling the order.

Your order is not considered accepted until payment has been successfully processed and we have confirmed the order.

Please review your order carefully before submitting it.

For personalized or customized products, you are responsible for confirming that all information and selections are correct, including, as applicable:

Names
Initials
Spelling
Capitalization
Dates
Fonts
Thread colors
Design selections
Artwork
Product colors
Product sizes
Quantities
Customization types
Embroidery locations and placements

Because personalized products may enter production quickly, changes or cancellations are not guaranteed after an order has been submitted.

If we cancel, decline, or materially change an order, we will attempt to notify you using the email address, billing information, shipping information, or phone number provided with the order.

Purchases are subject to our Returns & Refunds Policy.

Orders may be placed for personal, household, organizational, or authorized business purposes. Products may not be purchased for unauthorized resale, reproduction, export, or other commercial use that infringes our rights or the rights of another party.

SECTION 4 - CUSTOM AND PERSONALIZED PRODUCTS

Many of our products are customized or personalized specifically for each customer.

You are responsible for reviewing all information submitted as part of your order and confirming that your personalization selections are accurate before completing your purchase.

Embroidered Grace Co is not responsible for errors resulting from incorrect information, spelling, selections, sizing, artwork, colors, placement choices, or other details supplied or approved by the customer.

Customized and personalized products may begin production shortly after an order is placed. For this reason, changes or cancellations are not guaranteed once an order has been submitted.

Customized and personalized products are subject to the terms of our Returns & Refunds Policy and may be considered final sale except where otherwise stated in that policy or required by law.

SECTION 5 - CUSTOMIZATION PREVIEWS, MOCKUPS, AND PROOFS

Digital previews, product customizers, mockups, design renderings, artwork proofs, photographs, and other visual representations are intended to help illustrate the approximate appearance of a finished product.

The final product may differ slightly from a digital preview due to factors including:

Screen color differences
Thread color and sheen
Fabric texture
Product construction
Embroidery density
Design digitization
Hoop placement
Product size
Garment seams and structure
Manufacturing tolerances

When we provide a proof or mockup for customer approval, it is the customer’s responsibility to review the proof carefully.

Approval of a proof constitutes approval of the spelling, artwork, layout, design, and other visible customization details shown in the proof.

After a proof has been approved and production has begun, changes may not be possible and may require additional charges.

Minor production variations from an approved proof that are inherent to embroidery or manufacturing are not considered errors or defects.

SECTION 6 - CUSTOMER-PROVIDED ARTWORK, LOGOS, AND DESIGNS

If you submit artwork, logos, photographs, text, names, trademarks, graphics, designs, or other materials to Embroidered Grace Co for use in connection with an order, you represent and warrant that you:

Own the submitted materials; or
Have obtained all rights, permissions, licenses, and authorizations necessary for Embroidered Grace Co to reproduce and use those materials for the purpose of fulfilling your order.

By submitting such materials, you authorize Embroidered Grace Co to reproduce, resize, crop, modify, convert, digitize, stitch, print, or otherwise process those materials as reasonably necessary to produce the requested product.

You acknowledge that Embroidered Grace Co is not responsible for independently determining whether customer-submitted materials infringe the copyright, trademark, publicity, privacy, or other rights of a third party.

We reserve the right to reject, suspend, or cancel any order containing artwork, designs, text, or other content that we reasonably believe may be unlawful, infringing, fraudulent, hateful, threatening, obscene, or otherwise inappropriate.

Submission of artwork does not transfer ownership of the underlying artwork to Embroidered Grace Co.

Any digitized embroidery file, production file, stitch file, or other production-specific file created by Embroidered Grace Co may remain the property of Embroidered Grace Co unless otherwise agreed in writing.

SECTION 7 - PRODUCTION TIMES

Processing and production times displayed on our website, communicated by email, or otherwise provided to customers are estimates unless expressly stated otherwise.

Production time is separate from shipping transit time.

Production time may vary based on factors including:

Product availability
Order volume
Seasonal demand
Design complexity
Artwork preparation
Embroidery digitization
Customer proof approval
Large order quantities
Supplier delays
Equipment availability

Large, business, school, team, organization, or highly customized orders may require additional production time.

We are not responsible for delays caused by circumstances outside our reasonable control.

SECTION 8 - PRICES AND BILLING

Prices, discounts, fees, and promotions are subject to change without notice.

The price charged for a product or service will generally be the price displayed at the time the order is placed and will appear in your order confirmation.

Unless otherwise stated, listed prices do not include applicable taxes, shipping charges, customs duties, import fees, or similar charges.

Customization charges, embroidery charges, digitization fees, artwork preparation fees, setup charges, and other service fees may apply depending on the product or order.

Prices offered online may differ from prices offered through custom quotations, business orders, wholesale arrangements, promotions, events, or other sales channels.

We may offer promotions governed by separate terms and conditions. If promotional terms conflict with these Terms, the promotional terms will control with respect to that promotion.

You agree to provide current, complete, and accurate billing, payment, account, and contact information for all purchases.

You represent and warrant that:

The payment information you provide is accurate;
You are authorized to use the payment method provided;
Charges incurred by you will be honored by the applicable payment provider; and
You will pay all amounts associated with your order, including applicable taxes, shipping charges, customization fees, and other disclosed charges.

SECTION 9 - SHIPPING AND DELIVERY

Processing and delivery times are estimates unless expressly stated otherwise.

We are not responsible for shipping delays caused by carriers, weather, customs processing, transportation interruptions, incorrect shipping information, natural disasters, or other circumstances outside our reasonable control.

Customers are responsible for providing a complete and accurate shipping address.

If an order is returned, delayed, or cannot be delivered because of an incorrect or incomplete address supplied by the customer, additional shipping charges may apply.

If tracking information shows a package as delivered but you cannot locate it, please contact the carrier and then contact us so we can assist in reviewing the situation.

If an order arrives damaged or appears to have been lost in transit, please contact us at orders@embroideredgraceco.com so we can review the issue and determine appropriate next steps.

SECTION 10 - INTELLECTUAL PROPERTY

The Services, including without limitation our trademarks, trade names, logos, branding, text, photographs, illustrations, graphics, videos, audio, product descriptions, website layouts, designs, and other original content, are owned by Embroidered Grace Co, its affiliates, licensors, or other applicable rights holders and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for your personal and lawful use only.

Unless expressly authorized by us, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, sell, exploit, or transmit material from the Services.

Nothing in these Terms grants you ownership of or a license to any trademark, copyright, patent, trade dress, design, logo, or other intellectual property belonging to Embroidered Grace Co, Shopify, or any third party except as expressly provided herein.

Embroidered Grace Co names, logos, product names, designs, branding elements, and slogans are trademarks or other intellectual property of Embroidered Grace Co or its licensors and may not be used without prior written permission.

Shopify’s name, logo, product names, service names, designs, and slogans are trademarks of Shopify.

All other names, logos, trademarks, and intellectual property appearing through the Services remain the property of their respective owners.

SECTION 11 - OPTIONAL TOOLS

We may provide you with access to tools, applications, integrations, or services provided by third parties that we do not control.

You acknowledge and agree that access to such tools may be provided “as is” and “as available” without warranties, representations, or conditions of any kind.

We are not responsible for your use of optional third-party tools.

Your use of third-party services is at your own discretion and may also be governed by the terms and privacy policies of those third parties.

We may introduce new features, tools, products, or services in the future. Unless otherwise stated, those features will also be considered part of the Services and subject to these Terms.

SECTION 12 - THIRD-PARTY LINKS

The Services may contain links, integrations, materials, or functionality provided by third parties.

We are not responsible for examining, evaluating, or guaranteeing the accuracy, security, availability, content, products, policies, or practices of third-party websites or services.

If you access a third-party website or service, you do so at your own discretion.

We are not liable for losses or damages arising from your access to or use of third-party websites, products, services, resources, or content.

Please review applicable third-party policies and terms before engaging in a transaction with a third party.

Questions or complaints regarding third-party products or services should be directed to the applicable third party.

SECTION 13 - RELATIONSHIP WITH SHOPIFY

Embroidered Grace Co is powered by Shopify, which enables us to provide the Services to you.

However, any sales and purchases you make in our store are made directly with Embroidered Grace Co.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Embroidered Grace Co, including any injury, damage, or loss resulting from purchased products and services.

You hereby expressly release Shopify and its affiliates from claims, damages, and liabilities arising from or relating to purchases and transactions with Embroidered Grace Co.

SECTION 14 - PRIVACY POLICY

Personal information collected through the Services is handled in accordance with our Privacy Policy.

Certain personal information may also be processed by Shopify and is subject to Shopify’s applicable privacy policies.

Because the Services are hosted by Shopify, Shopify may collect and process information relating to your access to and use of the Services in order to provide and improve its services.

Information submitted through the Services may be transmitted to Shopify and other service providers, including service providers located outside the jurisdiction in which you reside, as necessary to operate the Services.

Please review our Privacy Policy for more information about how personal information is collected, used, shared, and protected.

SECTION 15 - FEEDBACK AND REVIEWS

If you submit, upload, post, email, or otherwise provide ideas, suggestions, reviews, comments, proposals, or other content regarding our products or Services (“Feedback”), you grant Embroidered Grace Co a non-exclusive, worldwide, royalty-free license to use, reproduce, publish, display, distribute, and adapt that Feedback for purposes including operating, improving, and promoting our business.

You represent and warrant that:

You own or have the necessary rights to submit the Feedback;
Your Feedback does not violate the rights of another person or entity;
You will disclose any compensation or incentives received in connection with a review where required by law; and
Your Feedback will not contain unlawful, defamatory, obscene, abusive, fraudulent, or malicious material.

We may remove or decline to publish Feedback at our discretion where permitted by law.

You remain responsible for the accuracy and content of Feedback you submit.

SECTION 16 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information available through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, customization charges, shipping charges, transit times, availability, or other information.

We reserve the right to correct errors, inaccuracies, or omissions and to update information or cancel orders if information is inaccurate, including after an order has been submitted, to the extent permitted by law.

SECTION 17 - PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not use the Services, directly or indirectly:

(a) for unlawful, fraudulent, abusive, or malicious purposes;

(b) to violate any federal, state, provincial, local, or international law or regulation;

(d) to harass, abuse, threaten, defame, intimidate, discriminate against, or harm another person;

(e) to submit false or misleading information;

(f) to transmit material that violates these Terms;

(g) to send spam, junk mail, chain letters, or other unauthorized solicitations;

(h) to impersonate another person or entity;

(i) to interfere with or disrupt the operation or security of the Services;

(j) to upload or transmit viruses, malware, or other malicious code;

(k) to improperly collect or track personal information of others;

(l) to scrape, reproduce, duplicate, extract, sell, resell, or exploit the Services or website content without authorization;

(m) to circumvent security, access controls, robot exclusion protocols, or other technical protections; or

(n) to engage in conduct that may damage Embroidered Grace Co, Shopify, our customers, or other users.

We reserve the right to suspend, restrict, or terminate access to the Services if we determine that these Terms have been violated.

SECTION 18 - AUTOMATED AGENTS

This section applies if you use software, automated systems, artificial intelligence tools, agents, bots, or similar technology to access or interact with the Services.

An automated agent must not access or interact with the Services in a manner that conceals its automated nature, circumvents security controls, bypasses CAPTCHAs or other access restrictions, or violates instructions intended to restrict automated access.

We may restrict, limit, or block automated access to the Services at our discretion.

Automated systems must comply with applicable technical requirements and access restrictions established by us or Shopify.

SECTION 19 - TERMINATION

We may suspend or terminate your access to the Services, in whole or in part, where permitted by law, including if we reasonably believe you have violated these Terms.

You remain responsible for amounts owed for orders or transactions completed before termination.

Sections relating to intellectual property, customer-provided artwork, feedback, disclaimers, limitation of liability, indemnification, governing law, privacy, and any provisions that by their nature should survive termination will remain in effect following termination.

SECTION 20 - DISCLAIMER OF WARRANTIES

The information available through the Services is provided for general informational purposes.

While we make reasonable efforts to provide accurate information, we do not warrant that all information made available through the Services will always be complete, accurate, current, or error-free.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY STATED BY EMBROIDERED GRACE CO, THE SERVICES AND PRODUCTS PROVIDED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE.

Some jurisdictions do not allow certain warranty exclusions, so some of these exclusions may not apply to you.

SECTION 21 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, EMBROIDERED GRACE CO, ITS OWNERS, AFFILIATES, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, PARTNERS, AND SHOPIFY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.

THIS INCLUDES, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, BUSINESS INTERRUPTION, OR REPLACEMENT COSTS, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANOTHER THEORY OF LIABILITY.

Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law.

SECTION 22 - INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Embroidered Grace Co, Shopify, and their respective affiliates, owners, officers, employees, agents, contractors, licensors, and service providers from third-party claims, losses, damages, liabilities, costs, and reasonable attorneys’ fees arising out of or relating to:

Your breach of these Terms;
Your violation of applicable law;
Your violation of the rights of another person or entity;
Artwork, logos, trademarks, photographs, designs, or other materials you submit to us; or
Your misuse of the Services.

We will provide reasonable notice of an indemnifiable claim where practicable.

SECTION 23 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the fullest extent permitted by law and the unenforceable portion will be considered severed from these Terms.

The remaining provisions will remain valid and enforceable.

SECTION 24 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms and any policies or operating rules posted through the Services constitute the entire agreement between you and Embroidered Grace Co regarding your use of the Services and supersede prior or contemporaneous communications and agreements regarding the same subject matter.

SECTION 25 - ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

We may assign or transfer our rights and obligations under these Terms as permitted by law, including in connection with a merger, acquisition, sale, restructuring, or transfer of our business.

SECTION 26 - GOVERNING LAW

These Terms and any separate agreements through which we provide Services are governed by and construed in accordance with the laws of the State of Texas, without regard to conflict-of-law principles.

Subject to applicable law, legal proceedings arising from these Terms or the Services shall be brought in a court of competent jurisdiction located in the State of Texas.

Nothing in this section limits any rights a consumer may have under applicable law that cannot legally be waived.

SECTION 27 - HEADINGS

Section headings are included for convenience and organization only and do not limit or otherwise affect the interpretation of these Terms.

SECTION 28 - CHANGES TO THESE TERMS

You may review the current version of these Terms at any time on this page.

We reserve the right to update, modify, or replace any portion of these Terms by posting revised Terms on our website.

Where required by applicable law, we will provide notice of material changes.

Unless otherwise required by law, changes become effective when posted or on the date specified in the applicable notice.

Your continued use of the Services after revised Terms become effective constitutes acceptance of the revised Terms.

SECTION 29 - CONTACT INFORMATION

Questions regarding these Terms may be sent to:

Embroidered Grace Co
Email: orders@embroideredgraceco.com