Terms of Service – Obstinate Garden

OVERVIEW

This website is operated by Obstinate Garden. Throughout the site, the terms “we,” “us,” and “our” refer to Obstinate Garden. We provide this website, including all information, tools, and services available to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing from us, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms”), including any additional terms and policies referenced herein or available via hyperlink. These Terms apply to all users of the site, including but not limited to browsers, vendors, customers, merchants, and contributors of content.

Please read these Terms carefully before accessing or using our website. If you do not agree, you may not access the site or use our services. Continued use of the site after changes are posted constitutes acceptance of those changes.

Our store is hosted on Squarespace, which provides the e-commerce platform that allows us to sell our products and services to you.

By using our site, you confirm that you are 18 years of age or older.

SECTION 1 – ONLINE STORE TERMS

You represent that you are at least the age of majority in your jurisdiction. You may not use our products for illegal or unauthorized purposes or violate any laws in your use of the Service. You must not transmit any destructive code.

Any breach of these Terms will result in immediate termination of your access to our services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that non-credit card information may be transmitted unencrypted and adapted to technical network requirements. Credit card information is always encrypted.

You may not reproduce, sell, or exploit any part of the service or site content without written permission.

SECTION 3 – SITE ACCURACY

Information on this site may not always be current or complete. Content is for general reference only and not a sole decision-making source. We may update or modify the site at any time, but we are not obligated to do so.

SECTION 4 – MODIFICATIONS TO SERVICES & PRICING

Prices and product availability are subject to change without notice. We may modify or discontinue services at any time. We are not liable for any changes, suspensions, or discontinuances.

SECTION 5 – PRODUCTS & SERVICES

Certain products may only be available online and in limited quantities. Products are subject to our Refund Policy.

We make every effort to accurately display product colors, but we cannot guarantee screen accuracy.

We reserve the right to limit product sales by region, customer, or order, and to discontinue any product or service at any time.

SECTION 6 – BILLING & ACCOUNT INFORMATION

We may refuse or cancel any order. You agree to provide accurate billing and shipping information and to keep your account updated.

Please review our Refund Policy for more details.

SECTION 7 – OPTIONAL TOOLS

We may provide access to third-party tools “as is.” Use them at your own risk. We are not liable for any issues arising from their use.

SECTION 8 – THIRD-PARTY LINKS

Our site may include content or links from third parties. We are not responsible for the content or accuracy of any third-party material or site. Engage with third-party sites at your own risk.

SECTION 9 – USER COMMENTS & FEEDBACK

Any comments, suggestions, or submissions you provide may be used by us in any medium without obligation to maintain confidentiality or provide compensation. You agree that your content will not infringe on others’ rights or contain harmful material.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information is governed by our Privacy Policy.

SECTION 11 – ERRORS & OMISSIONS

Occasionally, site content may contain errors or inaccuracies. We reserve the right to correct these without prior notice, including after an order is placed.

SECTION 12 – PROHIBITED USES

You may not use the site or its content for unlawful purposes or in violation of any laws or third-party rights. We reserve the right to terminate your use of the site for prohibited conduct.

SECTION 13 – RESELLING & DISTRIBUTION

No resale, redistribution, or stocking of Obstinate Garden products is permitted without express written authorization. Individual resale of used products is allowed, provided prices do not exceed the original purchase price.

SECTION 14 – COPYRIGHT & LICENSING

You may not reproduce, distribute, or create derivative works without our express permission, except for personal and non-commercial use.

SECTION 15 – WARRANTY & LIABILITY

We do not guarantee uninterrupted or error-free service. Our products and services are provided "as is" and "as available" without any warranties, express or implied.

Obstinate Garden is not liable for any direct or indirect damages arising from use or misuse of our products or services.

SECTION 16 – PERSONAL RESPONSIBILITY & SAFETY

All products are sold as novelty items. Use is at your own risk. Obstinate Garden assumes no liability for injuries or damages resulting from use. By purchasing, you agree to indemnify Obstinate Garden from any claims or losses arising from use or misuse.

SECTION 17 – 18 U.S.C. 2257 COMPLIANCE

All individuals depicted in any explicit visual content on this site were over the age of 18 at the time of creation. We comply fully with the record-keeping requirements of 18 U.S.C. § 2257.

SECTION 18 – INDEMNIFICATION

You agree to indemnify and hold Obstinate Garden, its affiliates, officers, and employees harmless from any claim or demand, including attorney’s fees, arising from your use of our site or your breach of these Terms.

SECTION 19 – SEVERABILITY

If any part of these Terms is deemed unlawful or unenforceable, that portion will be removed without affecting the validity of the remaining Terms.

SECTION 20 – TERMINATION

Either party may terminate this agreement at any time. All obligations and liabilities prior to termination survive. If we believe you’ve violated these Terms, we may suspend or terminate access without notice.

SECTION 21 – ENTIRE AGREEMENT

These Terms, along with any posted policies, constitute the entire agreement between you and Obstinate Garden. They supersede any prior agreements, oral or written.

SECTION 22 – GOVERNING LAW

These Terms are governed by the laws of the United States. All disputes will be handled under applicable federal or state jurisdiction.

SECTION 23 – CHANGES TO TERMS

You can review the latest version of our Terms of Service on this page. We reserve the right to modify these Terms at any time. Continued use of the site after changes are posted constitutes acceptance.

SECTION 24 – CONTACT INFORMATION

Questions? Contact us at:
obstinategarden@gmail.com