Terms of service
Welcome to RedWhiteSelect.com! The terms “we”, “us” and “our” refer to RedWhiteSelect.com. RedWhiteSelect.com operates this store and website, including all related information, content, features, tools, products and services, to provide you, the customer, with a curated shopping experience (the “Services”). RedWhiteSelect.com is powered by Shopify, which enables us to provide you with the Services.
The following terms and conditions, and any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and obligations when using the Services.
Please read these Terms of Service carefully as they contain important information about your legal rights and cover areas such as disclaimers of warranties and limitations of liability.
By accessing, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy . If you do not agree to these Terms of Service or the Privacy Policy, you should not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or control.
In order to use the Services, including accessing or browsing our online stores or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, payment information and shipping information. You represent and warrant that all information you provide to our stores is accurate, current and complete, and that you have all rights necessary to provide such information.
You are solely responsible for the security of your credentials and for all activity under your account. You may not transfer, sell, assign or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We have made every effort to accurately reflect our products and services on our online stores. However, please note that the colors or appearance of the products may differ from how they may appear on your screen due to the type of device you use to access the store and the settings and configuration of your device.
We do not guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as those depicted or provided on our online stores.
All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantity of any product we offer to any person, geographic region or jurisdiction on a case-by-case basis.
SECTION 3 - ORDER
By placing an order, you are making an offer to purchase. RedWhiteSelect.com reserves the right to accept or reject your order for any reason in its sole discretion. Your order is not accepted until RedWhiteSelect.com confirms its acceptance. We must receive and process your payment before your order will be accepted. Please review your order carefully before submitting it as RedWhiteSelect.com may not be able to honor cancellation requests once it has been accepted. In the event that we do not accept, modify, or cancel an order, we will attempt to notify you by contacting you at the email, billing address, and/or phone number provided at the time of order placement.
Your purchases are subject to return or exchange only in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for your personal or household use and not for 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 or service will be the price in effect at the time of placing your order and will be set forth in your order confirmation email. Unless expressly stated otherwise, published prices do not include taxes, shipping, handling, customs duties or import duties.
Prices published in our online stores may differ from prices offered in physical stores or in online stores or other stores operated by third parties. We may from time to time offer promotions on the Services, which may affect pricing and are governed by terms separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion will control.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including email address, credit card numbers and expiration dates, so that we may complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be paid by your credit card company, and (iv) you will pay charges incurred by you at the published prices, including shipping and handling fees, and all applicable taxes, if any.
SECTION 5 – SHIPPING AND SHIPPING
We are not responsible for delays in delivery. All delivery times are approximate and not guaranteed. We are not responsible for delays caused by carriers, customs clearance, or events beyond our control. Once we transfer the products to the carrier, title and risk of loss pass to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including, without limitation, all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by RedWhiteSelect.com, its affiliates or licensors and are protected by patent, copyright and other intellectual property laws of the United States and other countries.
These Terms permit you to use the Services only for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, upload, store, or transmit any materials from the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting you any license or other right under any patent, trademark, copyright, or other intellectual property of RedWhiteSelect.com, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by RedWhiteSelect.com. RedWhiteSelect.com’s names, logos, product and service names, designs, and slogans are trademarks of RedWhiteSelect.com or its affiliates or licensors. You may not use such trademarks without the prior written permission of RedWhiteSelect.com. The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans in the Services are trademarks of their respective owners.
SECTION 7 – ADDITIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we do not monitor, control or contribute.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We have no liability whatsoever arising from or related to your use of additional third party tools.
Any use by you of additional tools offered through the Site is solely at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms on which the tools are provided by the relevant third party providers.
We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features will also be considered part of the Services and are subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party features). We are not responsible for reviewing or evaluating the content or accuracy of any third-party materials or websites that you choose to access. If you choose to leave the Services to access such third-party materials or websites, you do so at your own risk.
We are not responsible for any harm or damage related to your access to any third-party websites or your purchase or use of any products, services, resources or content on any third-party websites. Please carefully review the third-party policies and practices and ensure that you understand them before entering into any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO SELLER: This section accurately describes Shopify's relationship with your store and should not be removed or modified.]
RedWhiteSelect.com operates on the Shopify platform, which enables us to provide you with the Services. However, any sales and purchases you make on our Store are made directly with RedWhiteSelect.com. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and RedWhiteSelect.com, including any injuries, damages, or losses resulting from the products and services purchased. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising out of or related to your purchases and transactions with RedWhiteSelect.com.
SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is governed by our Privacy Policy, which can be found here [LINK], and certain personal information may be governed by Shopify’s Privacy Policy, which can be found here . By using the Services, you acknowledge that you have read this privacy policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services to you. The information you provide to the Services will be transferred to and provided by Shopify, as well as to third parties who may be located in countries other than where you reside, for the purpose of providing you with the services. Please review our privacy policy [LINK] to learn more about how we, Shopify, and our partners use your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, improve, enhance and promote the Services, and to perform our obligations and enforce our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are not obligated to (1) maintain the confidentiality of your Feedback; (2) pay compensation for your Feedback; or (3) respond to your Feedback.
We may, but are not obligated to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that infringes any party's intellectual property or these Terms of Service.
You agree that your Feedback will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You also agree that your Review will not contain defamatory or otherwise unlawful, offensive or obscene Reviews, nor any computer viruses or other malware that may in any way affect the operation of the Services or any related website. You may not use a false email address, impersonate someone else, or otherwise mislead us or third parties as to the origin of any Review. You are solely responsible for any Reviews you provide and their accuracy. We are not responsible or liable for any Reviews posted by you or any third party.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
From time to time, the Services may contain information that contains typographical errors, inaccuracies or omissions, which may relate to product descriptions, prices, promotions, offers, shipping costs, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time without notice (including after you have submitted your order).
SECTION 13 – PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (c) infringe our intellectual property rights or the intellectual property rights of others; (d) harass, abuse, insult, harm, defame, humiliate, disparage, intimidate or harm any of our employees or any other person; (e) transmit false or misleading information; (f) send, knowingly receive, upload, download, use or reuse any materials that do not comply with these Terms; (g) transmit or cause to be sent any advertising or promotional materials, including any “junk mail”, “chain letters”, “spam” or any other similar solicitation; (h) impersonate or attempt to impersonate any person or entity; or (i) take any other action that restricts or inhibits anyone from using or enjoying the Services, or that, in our sole discretion, may harm RedWhiteSelect.com, Shopify, or users of the Services, or expose them to liability.
You further agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way to affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) harvest or track personal information of others; (d) send spam, phishing, pharming, pretext, spidering, crawling, or parsing; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable or terminate your account.
SECTION 15 – DISCLAIMER OF WARRANTIES
The information provided on or through the Services is provided for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of such information. Any reliance placed on such information is at your own risk. We disclaim any liability arising from any reliance placed on such materials by you or any other visitor to the Services, or anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY PROVIDED BY RedWhiteSelect.com, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 - LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, RedWhiteSelect.com, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR ANY OTHER OWNER OF SHOPIFY AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR ANY INJURY, DAMAGES, CLAIMS OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOST DATA, COSTS OF REPLACEMENT OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES, OR UNDER ANY OTHER CLAIM RELATING TO ANY IN CONNECTION WITH YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF YOUR USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THESE.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless RedWhiteSelect.com, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against any loss, damage, liability or claim, including reasonable attorneys’ fees, made by any third-party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third-party, or (3) your access to and use of the Services.
We will notify you of any claim subject to indemnification, provided that failure to notify you in a timely manner will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including the selection of counsel, but we will not settle any claim that requires you to pay non-monetary obligations without your consent (which may not be unreasonably withheld). You will cooperate in the defense of any claim subject to indemnification, including by providing appropriate documentation.
SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is held to be unlawful, void, or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any remaining provisions.
SECTION 19 - WAIVER OF RIGHTS; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, oral or written, between you and us (including, without limitation, any prior versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the party that drafted them.
SECTION 20 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt shall be void. We may assign, transfer or delegate these Terms and our rights and obligations without your consent or notice.
SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements under which we provide you with the Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction in which RedWhiteSelect.com is headquartered. You and RedWhiteSelect.com consent to venue and personal jurisdiction in such courts.
SECTION 22 – HEADINGS
The headings used in this agreement are for convenience only and do not limit or otherwise affect these Terms.
SECTION 23 – CHANGES TO TERMS OF SERVICE
You may review the most current version of the Terms of Service at any time by visiting this page.
We reserve the right, in our sole discretion, to update, modify or replace any part of these Terms of Service by posting updates and changes on our website. You are responsible for periodically checking our website for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
Questions regarding the Terms of Service should be sent to us at redwhiteselect@gmail.com.