Terms of service
TERMS AND CONDITIONS
By visiting and using www.flatheadsupply.com (hereinafter the “Website”), you accept and agree to be bound by these Terms and Conditions including our Disclaimer and Privacy Policy posted on the website and incorporated herein by reference.
Thanks for using our products and services (“Services” or “Service”). The Services are provided by Flathead Supply LLC, located in Massachusetts, United States.
By using our Services, you are agreeing to these terms. Please read these Terms and Conditions ("Terms", or "Terms and Conditions" or “Terms of Service”) carefully before using the http://www.flatheadsupply.com website operated by Flathead Supply LLC ("us", "we", or "our").
We may add new features, products, tools or services to our website, which shall be governed by these Terms and Conditions. We reserve the right to update, modify or replace any part of these Terms and Conditions by posting updates or changes on our website. Your continued use of the website after posting any changes to our Terms and Conditions constitutes your acceptance of those changes and updates. You must not access or use the website if you do not wish to be bound by these Terms and Conditions.
TERMINOLOGY
The following terminology applies to these Terms and Conditions, our Privacy Policy and Disclaimer notice, and any or all Agreements: "Customer", "You" and "Your" refer to you, the person accessing this website and accepting the Company's terms and conditions. "The Company", "Ourselves", "We" and "Us" refer to our Company. "Party" or "Parties" refers to both the Customer and the Company, or either of us individually. These terms define the agreement and the exchange of services or products to meet the Customer's needs, in accordance with US laws. Any reference to singular or plural terms or variations in capitalization is considered interchangeable.
USING OUR SERVICES
You must follow any policies made available to you within the Services and our store operates on Shopify Inc’s platform, a leading e-commerce company that allows us to sell online. Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Prices for our products and services may change at any time without prior notice. We also reserve the right to modify or discontinue the Service (or any part of it) at our discretion, without notice. You agree that we are not liable for any changes in pricing, suspension, or discontinuation of the Services.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications. Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
PROTECTION OF PRIVACY
We are committed to protecting your privacy. Our privacy policy explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that we can use such data in accordance with our privacy policy.
Only authorized employees within the company who, in the course of their duties, can access and use information collected from individual customers. We are constantly reviewing our systems and data to ensure the best possible service to our customers.
Your acceptance of our Privacy Policy is expressly incorporated into these Terms and Conditions. Please review our Privacy Policy for more information on how we collect, use and protect your personal data. We take the privacy of our customers seriously and will never share your information with third parties without your consent, except as necessary for processing your order.
PURCHASES
If you wish to purchase any product or service on our website ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, billing address, shipping address, payment information, and any other information necessary to complete the transaction. By providing this information, you agree to provide accurate, current, and complete details.
Please note that all applicable taxes are the responsibility of the customer, and you agree to pay any sales tax or other applicable fees required by law. We currently ship only within the United States.
SIZING AND PRODUCT DESCRIPTIONS
We make every effort to provide accurate product descriptions, including sizing charts, fabric details, and product imagery. However, due to differences in monitor settings, lighting, and individual perceptions, the actual color and appearance of the product may vary slightly from what is shown on the website. It is the customer’s responsibility to carefully review the sizing charts and product descriptions before making a purchase. We are not responsible for any dissatisfaction with the product size or color based on these variations.
THIRD PARTY SUPPLIER AND SHIPPING DISCLOSURE
We partner with third-party suppliers, including but not limited to Apliiq, for the printing and fulfillment of our products. All orders are processed, printed, and shipped directly from the supplier’s warehouse once your order has been placed. As such, we are not responsible for any delays, issues, or errors related to the production or shipment of your order by our third-party suppliers.
You acknowledge and agree that we are not liable for any issues that may arise from third-party fulfillment and shipping processes.
ORDER PROCESSING, DELIVERY AND HANDLING
Each of our products is made to order just for you, so please allow 7-14 business days for your order to be carefully made before it ships, unless otherwise noted. As all items are handmade in-house, slight variations in fabric placement or patch sizing may occur, making each piece unique.
We ship via United States Postal Service (USPS). While shipping times are not guaranteed, USPS First Class typically delivers within 3-7 business days for the lower 48 states. USPS will deliver to the address where you normally receive your mail, so if you have a P.O. Box, please be sure to include it when placing your order.
Once your order has shipped, we’ll send you tracking information. If you don’t see it in your inbox, please check your spam folder.
Delivery times may vary depending on the customer’s location, third-party suppliers, and shipping carrier delays. While we make every effort to ensure timely delivery, we are not responsible for any delays caused by third-party carriers. All shipping costs are calculated at checkout, and the customer is responsible for providing accurate shipping information. In the case of an incorrect or undeliverable address, the customer will be responsible for any additional shipping fees.
NO WARRANTY OR GUARANTEE
We do not warrant or guarantee that the products sold are free from defects in material or workmanship, nor do we guarantee that the products will meet the specific needs or expectations of each customer. All products are sold as-is, and any warranties or representations concerning the products are expressly disclaimed, except to the extent that such warranties are required by applicable law.
NO REFUNDS AND RETURNS POLICY
All products sold on our website are made to order and custom-designed. Due to the personalized nature of the products, we do not accept returns or offer refunds once an order is placed, except in the case of a manufacturing defect or error on our part. We strongly encourage customers to carefully review the size charts and product descriptions provided on the sales page before placing an order to ensure satisfaction with the selection.
By placing an order, you acknowledge and agree to the no-refund and no-return policy.
DEFECTIVE OR DAMAGED PRODUCTS
If you receive a product that is damaged, defective, or incorrect, please contact us immediately at support@flatheadsupply.com. All defective or damaged products must be reported within 14 days from the date of receipt. To help us process your request, please provide your order number, a copy of your order receipt as proof of purchase, details of your size/order, and a photo of the item showing any damage or discrepancies. We will review your request and offer a replacement or refund.
Our policy is to prioritize sending a replacement; however, if a refund is issued, please allow 7-10 business days for the refund to reflect in your account via the original payment method.
Please note that items sent back to us without prior approval or communication will not be accepted. If necessary, we may ask you to return the item, and it must be in its original condition (unworn, unwashed, with tags still attached) and packaging. If you contact us more than 14 days after receipt for a defective or damaged product, we will assume you are satisfied with your order, and no refund or replacement will be issued.
NO CANCELLATIONS AND MODIFICATIONS
Due to the custom nature of our products, once an order has been placed and processed, it cannot be canceled or modified. We encourage customers to review their order carefully before submitting it to ensure accuracy in sizing, color, and customization requests. If you believe there has been an error in your order, please contact us immediately, and we will do our best to address the issue before production begins.
DISCLAIMER
Exclusions and Limitations
The information contained on this website is provided on an "as is" basis. To the fullest extent permitted by law, this Company:
· Disclaims all representations and warranties regarding this website and its content, including any inaccuracies or omissions, whether provided by us, our affiliates, or third parties.
- Excludes all liability for any damages arising out of or in connection with your use of this website. Flathead Supply LLC and its suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, punitive damages or damage caused to your computer, computer software, systems and programs and data relating thereto or any other direct or indirect, consequential or incidental damages.
PRODUCT USE AND SAFETY DISCLAIMER
It is the customer’s responsibility to ensure the products purchased are used properly and safely. We provide information about the fabrics and materials used in our clothing products on the product pages. However, we are not responsible for any injuries, allergic reactions, skin sensitivities, or any other health concerns related to the fabrics, dyes, or other materials used in the manufacturing of our products.
By placing an order, you agree to assume all responsibility for ensuring that the materials used in the products you purchase are safe for you. If you have concerns regarding potential allergic reactions or other sensitivities, we recommend that you consult with a medical professional prior to purchasing.
STORE CONCEPT AND GEOGRAPHIC DISCLOSURE
We draw inspiration from the western and Montana lifestyle, specifically the Flathead area near Glacier National Park. However, please note that we are not based in Montana, and our business operates from Boston, Massachusetts. Our designs and products are inspired by our love of Montana and the western aesthetic, but nothing is produced or made in Montana. This disclosure is provided to ensure transparency and to clarify any potential confusion regarding the geographic origin of our products.
LIMITATION OF LIABILITY
To the extent permitted by law, the total liability of Flathead Supply LLC, and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us for the product(s) purchased. We will not be liable for any loss or damage that is not reasonably foreseeable.
THIRD PARTY VENDOR/SERVICES DISCLAIMER
We use third-party vendors (such as Apliq for printing and fulfillment) to fulfill and ship products. While we strive to work with reputable partners, we are not responsible for any delays, errors, or issues related to the services provided by third-party vendors. By placing an order, you acknowledge and agree that we are not liable for any problems caused by third-party services.
LOG FILES DISCLOSURE
We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
USE OF COOKIES
Like most interactive websites, this Company’s website uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.
THIRD PARTY LINKS
Our Service may contain links to third-party web sites or services that are not owned or controlled by us. We may serve as an affiliate for some of these third-party websites by offering or advertising their products or services on the website; however, we do not own or control these third-party websites. Once you click on a third-party link and leave this website, you are no longer bound by our terms and conditions.
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. The opinions expressed or materials appearing on these sites are not necessarily endorsed by us and should not be attributed to us as the publisher of such content. Please note that we are not responsible for the privacy practices or content of these external sites. We encourage our users to review the privacy policies of any third-party websites they visit after leaving our site.
You should evaluate the security and reliability of any other site linked to or accessed through this site before disclosing any personal information to them. We are not liable for any loss or damage, in any manner whatsoever, regardless of the cause, resulting from your disclosure of personal information to third parties.
You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party websites or services.
USER CONTENT AND LAWFUL USE OF THE WEBSITE
By uploading, displaying, posting, transmitting, sending, emailing, or submitting any content or information to us via our website or social media platforms, you represent and warrant that you either own the content or have obtained explicit permission from the owner of the intellectual property rights to use and distribute that content.
You grant us, along with our officers, employees, successors, shareholders, joint venture partners, and anyone else working with us, a royalty-free, perpetual, irrevocable, worldwide, non-exclusive license to use, publish, post, reformat, copy, distribute, display, edit, reproduce, or otherwise exploit any content you provide on our website and social media platforms for any purpose. You acknowledge that you are solely responsible for any damages arising from any infringement of copyrights, trademarks, or other proprietary rights related to the content you submit.
You agree not to upload, display, post, transmit, distribute, send, email, or submit any content or information to our website or social media platforms that:
(a) Is illegal or infringes upon the rights of others;
(b) Is defamatory, abusive, profane, hateful, vulgar, obscene, libelous, pornographic, or threatening;
(c) Encourages or advocates conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law;
(d) Contains harmful materials, including but not limited to spyware, computer viruses, or any malicious software;
(e) Attempts to gain unauthorized access to any portion or feature of the website; or
(f) Sends unsolicited or unauthorized material, or disrupts the operation of the website.
You agree to use the website for lawful purposes only and acknowledge that you will be liable for any damages resulting from violations of these Terms and Conditions.
NO WARRANTIES
ALL CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES ON THE WEBSITE ARE “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, EXPRESS OR IMPLIED TO THE FULL EXTENT PERMISSIBLE BY LAW. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, PRODUCTS, AND/OR SERVICES PROVIDED ON THIS WEBSITE. COMPANY MAKES NO WARRANTIES THAT THE WEBSITE WILL PERFORM OR OPERATE TO MEET YOUR REQUIREMENTS OR THAT THE INFORMATION PRESENTED HERE WILL BE COMPLETE, CURRENT, OR ERROR-FREE. COMPANY DISCLAIMS ALL WARRANTIES, IMPLIED AND EXPRESS FOR ANY PURPOSE TO THE FULL EXTENT PERMITTED BY LAW.
INTELLECTUAL PROPERTY AND LICENSING
The artwork, designs, and images used in our products are created using commercially licensed fonts, clip art, and other creative materials. Some designs may also incorporate artificial intelligence (AI) technology for image generation. We ensure that all materials used in the creation of our products are either obtained with proper licensing or fall within fair use provisions. We take great care in ensuring all final designs are unique while adhering to all licensing requirements.
By purchasing our products, you acknowledge and agree that all intellectual property rights to the designs remain our exclusive property. Any unauthorized use, reproduction, sale, or distribution of the designs is strictly prohibited.
All content on this website including but not limited to text, posts, logos, marks, graphics, files, materials, services, products, videos, audio, applications, computer code, designs, downloads, and all other information here (collectively, the “Content”) is owned by us or we have purchased appropriate licensing to use it and is protected by copyright, trademark and other intellectual property and unfair competition laws except for any content from others that we are lawfully permitted to use. You are granted a limited revocable license to print or download Content from the website for your own personal, non-commercial, non-transferrable, informational, and educational use only while ensuring it’s not in violation of any copyright, trademark, and intellectual property or proprietary rights.
You agree not to copy, duplicate, steal, modify, publish, display, distribute, reproduce, store, transmit, post, create derivative works, reverse engineer, sell, rent, or license any part of the Content in any way to anyone, without our prior written consent. You agree to abide by the copyright, trademark laws, and intellectual property rights and shall be solely responsible for any violations of these terms and conditions.
ARTIFICIAL INTELLIGENCE (AI) GENERATED CONTENT DISCLAIMER
At Flathead Supply LLC we strive to use Artificial intelligence (AI) responsibly. We understand that AI can be used to help create meaningful and engaging content, as well as automate certain aspects of content production.
This website may contain content created by AI or other automated technologies. Such content is provided for informational purposes only and should not be relied upon for any specific purpose without verification of its accuracy or completeness. We may use AI for different purposes in our business and on this website such as to generate content, including but not limited to product description, articles, and other marketing materials, clip art creation, and product mock up creation. However, it’s important to note that AI output is not always perfect. In some cases, errors may occur due to the complexity of the system or data.
We take all necessary measures to ensure that content produced by AI technology is of the highest possible quality, but we cannot guarantee the accuracy of our AI-generated content. We therefore disclaim any and all liability for any errors or omissions in the content produced by our AI technology, and advise that users exercise caution when relying on such content.
AI-generated content may contain errors, omissions, inaccuracies, incorrect statements, and outdated information that may adversely affect your use of the website. Furthermore, it may lack the same depth of detail and accuracy that can be provided by knowledgeable humans. Therefore, we cannot guarantee the accuracy of any AI-generated content on this website.
We are not responsible for any consequences resulting from your reliance upon such AI-generated content. You should always use appropriate caution and consult with an expert before relying on automated information or making decisions based on AI-generated content.
We reserve the right to modify or remove any AI-generated content at any time without notice. If you have any questions or concerns about the accuracy of AI-generated content, please contact us at support@flatheadsupply.com for more information.
INDEMNIFICATION
You agree to indemnify and hold us and our officers, employees, successors, shareholders, joint venture partners, or anyone else working with us harmless from all losses, claims, damages, demands, actions, suits, proceedings, or judgments, including costs, expenses and reasonable attorneys' fees ("Liabilities") assessed against or otherwise incurred by you arising, in whole or in part, from (a) actions or omissions, whether done negligently or otherwise, by you, your agents, directors, officers, employees or representatives; (b) all your actions and use of the website including purchasing products and services; (c) violation of any laws, rules, regulations or ordinances by you; or (d) violation of any terms and conditions of this website by you or anyone related to you; e) infringement by you or any other user of your account of any intellectual property or other rights of anyone. We will notify you promptly of any such claims or liability and reserve the right to defend such claim, liability, or damage at your expense. You shall fully cooperate and assist us if requested, without any cost, to defend any such claims.
TERMINATION
We reserve the right, at our sole discretion, to refuse service, restrict access, revoke, or terminate your use of our website, including any content published by you or us, at any time, for any reason, and without prior notice. This may include, but is not limited to, violations of our Terms and Conditions, unlawful behavior, or any conduct that we deem harmful to the operation or reputation of our website.
DISCOUNT CODES AND PROMOTION
Discount codes and promotions are valid only for a limited time and may be subject to specific terms and conditions. Promotions cannot be combined with other offers unless expressly stated. We reserve the right to modify or cancel any promotions or discount codes at any time without prior notice. Only one discount or promotional offer may be used per order unless otherwise specified.
CUSTOMER REVIEWS AND FEEDBACK
By submitting any reviews, testimonials, or feedback on our website or social media channels, you grant us the legal right to use, modify, and publish your feedback for promotional and marketing purposes without compensation. We reserve the right to remove any content that we deem inappropriate, offensive, or in violation of our policies.
FORCE MAJEURE
We shall not be liable for any delay or failure to perform any obligation under these Terms and Conditions if such delay or failure is caused by circumstances beyond our reasonable control, including but not limited to natural disasters, acts of government, pandemics, war, strikes, flood, earthquake, fire, civil unrest, disruptions to third-party services (such as shipping delays or service interruptions), labor disputes, shortages of materials, or any other event or condition that is beyond our control.
In the event of a Force Majeure, we will notify you promptly of the occurrence of such an event and make reasonable efforts to mitigate the impact of the delay. The time for performance of the affected obligation will be extended for the duration of this unexpected event.
WAIVER OF CLASS ACTIONS
You agree that any dispute arising from or related to this Agreement will be resolved solely between you and the Company. You waive your right to bring a class action against us and agree not to bring claims against us as a member of a class or as a representative.
MANDATORY ARBITRATION AND GOVERNING LAW
You expressly waive any legal claims you may have now or in the future arising from or related to the website and our products/services. In the event of a dispute, claim, or controversy arising from or relating to your use of this website, the terms and conditions shall be construed under the laws of the state of Massachusetts, United States.
You agree to first resolve any disputes or claims through mandatory arbitration, and you consent to and submit to the jurisdiction and courts of Massachusetts, without regard to conflict of law principles or where the parties are located at the time of the dispute.
You agree to bear the full cost of arbitration, to the extent permitted by law. Participation in arbitration in good faith is a condition precedent to pursuing any other legal or equitable remedies available, such as litigation or any other legal procedure. You also agree that if a legal claim is filed after the required arbitration, the prevailing party shall be entitled to recover reasonable attorney's fees and other legal costs.
SEVERABILITY
If any provision of these Terms and Conditions is determined by a court, regulatory authority, or other competent tribunal to be invalid, unenforceable, or void, that provision will be considered omitted from this Agreement. The remaining provisions will remain in full force and effect. The Agreement will be interpreted and enforced in a manner that gives effect to the remaining provisions to the greatest extent possible.
ENTIRE AGREEMENT
These Terms and Conditions, together with our Privacy Policy and Disclaimer, constitute the entire agreement between you and us regarding the use of this website. They supersede all prior or contemporaneous communications, discussions, negotiations, or proposals, whether electronic, oral, or written.
A printed version of these Terms and Conditions, including the Privacy Policy and Disclaimer, as well as any notices given in electronic form, shall be admissible in judicial or administrative proceedings involving this website, and shall have the same legal effect as documents maintained in printed form.
CHANGES TO TERMS AND CONDITIONS
We reserve the right to modify, update, or change these Terms and Conditions at any time, and such changes will be effective immediately upon posting to the website. Customers are encouraged to review the Terms and Conditions periodically for any changes. Continued use of the website after such modifications constitutes acceptance of the updated terms.
ACKNOWLEDGEMENT
By using any of our products, services or accessing the site, you acknowledge that you have read and agree to be bound by these terms and conditions.
CONTACT
If you have any questions about these Terms, please contact us at support@flatheadsupply.com