Terms of service

OVERVIEW

Welcome to Say it with METAL! The terms "we", "us" and "our" refer to Say it with METAL. Say it with METAL operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Say it with METAL is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as 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:

https://sayitwithmetal.com/policies/privacy-policy

If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access the Services.

SECTION 1 - ACCESS AND ACCOUNT

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

To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information.

You represent and warrant that all information you provide is correct, current, and complete and that you have all rights necessary to provide that information.

You are solely responsible for maintaining the security of your account credentials and for activity occurring through your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 - OUR PRODUCTS

We make every reasonable effort to provide an accurate representation of our products and services in our online store.

Product colors may vary slightly from how they appear on your screen due to differences in device displays and settings. We aim to represent our products accurately, including their design, configuration, and overall appearance.

All product descriptions are subject to change at any time without notice. We reserve the right to discontinue any product at any time and may limit the quantities of products offered to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase.

Say it with METAL reserves the right to accept or decline an order where reasonably necessary, including in cases involving payment problems, suspected fraud, product availability, pricing or listing errors, or an inability to fulfill the requested personalization.

Your order is not accepted until Say it with METAL confirms acceptance. We must receive and process your payment before your order is accepted.

An automated order confirmation acknowledges that we have received your order but does not necessarily constitute acceptance of the order or confirmation that production has begun.

Please review your order carefully before submitting it. Because Say it with METAL products are personalized and made to order, we may be unable to accommodate cancellation or modification requests after production has begun.

If we do not accept an order, or if we need to change or cancel an order, we will attempt to notify you using the email address, billing information, shipping information, or phone number provided at the time of purchase.

Your purchases are subject to our Refund Policy:

https://sayitwithmetal.com/policies/refund-policy

Purchases may not be made for unauthorized commercial resale or export.

SECTION 4 - PRICES AND BILLING

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

The price charged for a product will be the price in effect at the time the order is placed and will be reflected in your order confirmation.

Unless otherwise expressly stated, posted prices do not include applicable taxes, shipping charges, handling charges, customs duties, or import charges.

We may offer promotions from time to time that are governed by additional terms and conditions. If there is a conflict between specific promotional terms and these Terms, the promotional terms will govern with respect to that promotion.

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

You represent that any payment information you provide is accurate and that you are authorized to use the selected payment method.

SECTION 5 - SHIPPING AND DELIVERY

Shipping and delivery times are estimates only and are not guaranteed.

We are not responsible for delays caused by shipping carriers, weather, customs processing, or other events outside our reasonable control.

If your order arrives damaged, defective, or materially different from what you ordered due to an error on our part, please contact us in accordance with our Refund Policy.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement of such materials, are owned by or licensed to Say it with METAL and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial purposes only.

You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit material from the Services without prior written permission from Say it with METAL, except where applicable law permits such use.

Nothing in these Terms grants you any license or ownership rights in the intellectual property of Say it with METAL, Shopify, or any third party.

Say it with METAL's names, logos, product and service names, designs, and slogans are trademarks or intellectual property of Say it with METAL or its licensors. They may not be used without prior written permission.

Shopify's names, logos, product and service names, designs, and slogans are trademarks of Shopify.

SECTION 7 - OPTIONAL TOOLS

You may be provided access to tools or services offered by third parties as part of the Services.

We may not monitor or control those third-party tools.

Access to third-party tools is provided "as is" and "as available," subject to applicable law. Your use of third-party tools is at your own discretion, and you should review the terms and policies applicable to those services.

We may introduce additional features, tools, or resources in the future. Such features will form part of the Services and will be subject to these Terms where applicable.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain links to websites, content, or services provided by third parties.

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

If you access a third-party service, you do so subject to that third party's applicable terms and policies.

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

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Say it with METAL 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 Say it with METAL.

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

You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Say it with METAL.

SECTION 10 - PRIVACY POLICY

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

https://sayitwithmetal.com/policies/privacy-policy

Certain personal information may also be processed by Shopify in accordance with Shopify's Privacy Policy.

Because the Services are hosted by Shopify, Shopify processes certain personal 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 also be shared with service providers or partners where necessary to process transactions, operate the store, provide requested services, comply with legal obligations, or perform other functions described in our Privacy Policy.

Please review our Privacy Policy for additional information about how personal information is collected, used, and disclosed.

SECTION 11 - FEEDBACK

If you submit reviews, suggestions, ideas, feedback, photographs, comments, or other content to us ("Feedback"), you grant Say it with METAL a non-exclusive, worldwide, royalty-free right to use, reproduce, publish, display, and distribute that Feedback for purposes related to operating, improving, or promoting the Services, subject to applicable law.

You represent that you have the necessary rights to submit the Feedback and that your submission does not violate the rights of another person.

If compensation or another incentive was provided in connection with Feedback, you agree to disclose that fact where required.

We may moderate or remove Feedback that we reasonably determine violates these Terms, applicable law, or the rights of others.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

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

We reserve the right to correct errors, inaccuracies, or omissions and to update information when reasonably necessary.

If an error materially affects an order you have already submitted, we will take reasonable steps to notify you and address the issue.

SECTION 13 - PROHIBITED USES

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

You may not use the Services to violate applicable laws or regulations, infringe intellectual property or other legal rights, harass or harm another person, transmit false or misleading information, distribute unlawful or malicious content, send unauthorized spam or promotional material, impersonate another person or organization, introduce malware or harmful code, interfere with the security or operation of the Services, or otherwise misuse the Services.

You also agree not to use robots, spiders, scraping tools, data-gathering or extraction tools, automated processes, AI tools, or similar technologies to access or interact with the Services except as permitted under Section 14 of these Terms or otherwise expressly authorized by us.

We reserve the right to restrict or terminate access to the Services where we reasonably determine that these Terms have been violated.

SECTION 14 - AGENTS

For purposes of this Section, an "Agent" means software or a service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, a person or entity without continuous direct supervision.

Agents may access or interact with the Services only where such access is permitted by us or through a platform, service, integration, catalog, or sales channel that we have enabled.

Agents must accurately identify themselves when technically required and must not conceal or misrepresent automated activity.

Where an Agent communicates directly with our Services through HTTP or HTTPS requests, it should identify the automated nature and name of the Agent through an appropriate user-agent string, such as:

Agent/[agent name]

Agents must not circumvent CAPTCHAs, access controls, robot exclusion instructions, authentication requirements, security mechanisms, or other measures intended to control automated access.

We reserve the right to limit, modify, or prohibit Agent access to the Services where reasonably necessary.

SECTION 15 - TERMINATION

We may suspend or terminate access to the Services where reasonably necessary, including where these Terms have been materially violated or where continued access creates a security, legal, fraud, or operational risk.

Termination does not affect rights or obligations that arose before termination.

Sections concerning Intellectual Property, Feedback, Warranty Disclaimers, Limitation of Liability, Indemnification, Severability, Governing Law, Privacy, and other provisions that by their nature should survive termination will continue to apply.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through our website and Services is provided for general informational purposes.

Except for the rights and remedies expressly provided under our Perfect Pup Promise and any rights or remedies that cannot be excluded under applicable law, we do not guarantee that our website or digital Services will be uninterrupted, timely, secure, or error-free.

Nothing in these Terms excludes, restricts, or modifies any consumer warranty, statutory guarantee, or other right or remedy that cannot lawfully be excluded or limited.

SECTION 17 - LIMITATION OF LIABILITY

Except for obligations expressly provided under our Perfect Pup Promise and any liability or consumer right that cannot lawfully be excluded or limited, and to the fullest extent permitted by applicable law, Say it with METAL and its owners, employees, affiliates, agents, contractors, service providers, and licensors will not be liable for indirect, incidental, special, punitive, or consequential damages arising from use of the Services.

This may include, where permitted by law, lost profits, lost revenue, lost savings, loss of data, or similar losses.

Nothing in this Section limits liability where such limitation is prohibited by applicable law.

SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless Say it with METAL, Shopify, and our respective affiliates, officers, employees, agents, contractors, licensors, and service providers from third-party claims, damages, liabilities, or reasonable legal costs resulting from:

1. your material breach of these Terms;
2. your violation of applicable law;
3. your violation of another person's intellectual property or other legal rights; or
4. your unlawful misuse of the Services.

Nothing in this Section requires indemnification where such an obligation would be prohibited by applicable law.

SECTION 19 - 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 or severed to the minimum extent necessary.

The remaining provisions will continue in full force and effect.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

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

These Terms, together with policies and other terms expressly incorporated by reference, constitute the agreement between you and Say it with METAL concerning use of the Services and supersede prior agreements or communications concerning the same subject matter.

Nothing in this Section limits any consumer right that cannot lawfully be waived.

SECTION 21 - ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent where such consent is permitted by law.

We may assign or transfer our rights and obligations in connection with a legitimate transfer, restructuring, sale, or operation of the business, subject to applicable law.

SECTION 22 - GOVERNING LAW

These Terms and any separate agreements through which we provide the Services are governed by the laws of the State of Florida, without regard to conflict-of-law principles, except where applicable consumer law requires otherwise.

To the extent permitted by law, legal proceedings concerning these Terms will be brought in a court of competent jurisdiction in the State of Florida.

Nothing in this Section limits any right a consumer may have under mandatory laws applicable in their place of residence.

SECTION 23 - HEADINGS

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

SECTION 24 - CHANGES TO TERMS OF SERVICE

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

We may update these Terms from time to time.

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

Changes will become effective on the date specified in the updated Terms or applicable notice.

Changes to these Terms will not retroactively alter the terms governing an order placed before the effective date of the change, except where required by applicable law.

Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms to the extent permitted by applicable law.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

Say it with METAL
cs@sayitwithmetal.com