Terms of service
Terms of Service
[STORE NAME]
Effective date: [DATE] Last updated: [DATE]
1. Agreement to these Terms
These Terms of Service ("Terms") are a binding agreement between you and [LEGAL ENTITY NAME], a [STATE] [entity type: LLC / corporation] ("we," "us," or "our"), governing your access to and use of [WEBSITE URL] (the "Site") and your purchase of any products offered through it.
By browsing the Site or placing an order, you accept these Terms. If you do not agree, do not use the Site.
We may update these Terms at any time. The version in effect when you place an order governs that order. Changes take effect when posted, and the "Last updated" date above will reflect the revision. Your continued use of the Site after a change means you accept the revised Terms.
2. Eligibility
You must be at least 18 years old, or the age of majority in your state, to place an order. By ordering, you represent that you meet this requirement and that the payment method you use is lawfully yours to use.
3. No account required
The Site does not offer user accounts. Orders are placed as a guest. You are responsible for the accuracy of the information you provide at checkout — particularly your email address and shipping address. We are not responsible for orders that fail to arrive because of an address you entered incorrectly, and reshipment in that case may be at your expense.
Because there is no account, order status and history are communicated by email using the address you provide.
4. Products, descriptions and availability
We make reasonable efforts to display products, colors and details accurately, but we do not warrant that product descriptions, images or other content on the Site are complete, current or error-free. Colors may appear differently depending on your screen.
All products are subject to availability. We may limit quantities, discontinue any product, or restrict sales to any person or geographic region, at any time and without notice.
5. Pricing and errors
Prices are stated in U.S. dollars and do not include applicable sales tax or shipping unless expressly stated. Prices may change at any time before you place an order.
Despite our efforts, a product may occasionally be listed at an incorrect price or with incorrect information. If a product's correct price is higher than the listed price, we may, at our discretion, either contact you for instructions before shipping or cancel the order and notify you. We reserve the right to refuse or cancel any order, including after an order confirmation has been sent.
6. Orders and acceptance
Your submission of an order is an offer to purchase. Our order confirmation email acknowledges receipt but does not constitute acceptance. The contract is formed when we ship the products.
We may refuse or cancel any order for reasons including suspected fraud, unauthorized or unlawful transactions, pricing or inventory errors, or ordering patterns that suggest resale.
7. Payment
We accept [PAYMENT METHODS]. Payments are processed by [PAYMENT PROCESSOR, e.g. Stripe / Shopify Payments / PayPal], and your use of that service is subject to that provider's own terms and privacy policy. We do not store full payment card numbers.
You authorize us to charge your payment method for the total amount of your order, including taxes and shipping. Applicable sales tax is calculated based on your shipping destination.
8. Shipping, delivery and risk of loss
We ship to [SHIPPING REGIONS, e.g. addresses within the United States]. Delivery estimates are estimates only and are not guaranteed. We are not liable for delays caused by carriers, weather, customs or other events outside our control.
Title and risk of loss pass to you when the products are delivered to the carrier. Claims for items lost or damaged in transit should be reported to us at [SUPPORT EMAIL] within [X] days of the expected delivery date so we can assist with a carrier claim.
[If you ship internationally: You are the importer of record and are responsible for all duties, taxes and customs fees. Refused packages may be subject to return shipping and handling costs.]
9. Returns, exchanges and refunds
Our Return Policy is available at [RETURN POLICY URL] and is incorporated into these Terms.
In summary: you may request a return within [X] days of delivery, provided the item is [unused, in original packaging, etc.]. [State who pays return shipping.] The following items are final sale and cannot be returned: [LIST, e.g. perishable goods, personalized items, opened cosmetics].
Approved refunds are issued to the original payment method within [X] business days after we receive and inspect the returned item. Original shipping charges are [refundable / non-refundable].
10. Intellectual property
The Site and its contents — including text, graphics, photographs, product images, logos, designs and software — are owned by us or our licensors and are protected by U.S. and international intellectual property laws.
We grant you a limited, revocable, non-exclusive, non-transferable license to access the Site for personal, non-commercial purposes. You may not copy, reproduce, scrape, republish, sell, or create derivative works from any part of the Site without our prior written permission.
Purchasing a product transfers ownership of that physical item only. It does not transfer any intellectual property rights in the product's design, artwork, or branding.
11. Your content
If you submit reviews, photographs, comments or other material to the Site or to our social media ("User Content"), you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable license to use, reproduce, adapt, publish and display that content in connection with our business, including in marketing.
You represent that you own or control the rights to your User Content and that it does not infringe anyone's rights, contain unlawful or defamatory material, or include personal information about others without their consent. We may remove any User Content at our discretion.
12. Prohibited uses
You agree not to use the Site to: violate any law or regulation; infringe intellectual property rights; submit false or misleading information; transmit malware or harmful code; scrape, data-mine, or use automated systems to access the Site; interfere with the Site's security or operation; harass or abuse others; or purchase products for fraudulent resale.
We may terminate or restrict your access to the Site for any violation of this section.
13. Third-party links and services
The Site may link to third-party websites or rely on third-party services (payment processing, shipping carriers, analytics). We do not control and are not responsible for their content, policies or practices. Your dealings with third parties are solely between you and them.
14. Privacy
Our collection and use of personal information is described in our Privacy Policy at [PRIVACY POLICY URL], which is incorporated into these Terms by reference.
15. Disclaimer of warranties
THE SITE AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
We do not warrant that the Site will be uninterrupted, secure or error-free, or that defects will be corrected.
Nothing in these Terms limits any manufacturer's warranty that accompanies a product, or any rights you have under applicable consumer protection law that cannot be waived. Some states do not allow the exclusion of implied warranties, so some of the above may not apply to you.
16. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, EMPLOYEES AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA OR GOODWILL, ARISING FROM YOUR USE OF THE SITE OR ANY PRODUCT.
OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM RELATING TO THE SITE OR A PRODUCT WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM.
Some states do not allow certain limitations of liability, so these limits apply only to the extent permitted by law.
17. Indemnification
You agree to indemnify and hold harmless [LEGAL ENTITY NAME] and its officers, employees and agents from any claim, demand, loss or expense (including reasonable attorneys' fees) arising out of your breach of these Terms, your violation of any law, or your infringement of a third party's rights.
18. Governing law and venue
These Terms are governed by the laws of the State of [STATE], without regard to its conflict-of-laws rules. Any dispute not subject to arbitration (if Section 19 is included) will be brought exclusively in the state or federal courts located in [COUNTY, STATE], and you consent to that jurisdiction and venue.
19. Dispute resolution — [OPTIONAL, SEE NOTES]
[Include only after review by counsel. Arbitration and class-action-waiver clauses are enforceable in the U.S. but must be clearly presented and are subject to state-specific requirements.]
Any dispute arising out of these Terms or your purchase will be resolved by binding individual arbitration administered by [ARBITRATION PROVIDER] under its consumer rules, rather than in court, except that either party may bring a claim in small claims court. YOU AND WE WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.
You may opt out of this arbitration agreement by sending written notice to [ADDRESS/EMAIL] within 30 days of your first purchase.
20. Force majeure
We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including natural disasters, labor disputes, carrier failures, supply chain disruption, war, pandemic, or government action.
21. General
Severability. If any provision is found unenforceable, the remaining provisions stay in effect. No waiver. Our failure to enforce any provision is not a waiver of it. Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition or sale of assets. Entire agreement. These Terms, together with our Privacy Policy and Return Policy, are the entire agreement between us regarding the Site.
22. Contact
Notes before publishing (delete this section)
- Fill every [BRACKET]. An unfilled placeholder undermines the whole document.
- Pick your state carefully. Section 18 should name the state where your entity is formed or where you actually operate.
- California customers. If you sell into California, you likely need a CCPA/CPRA-compliant Privacy Policy with a "Do Not Sell or Share My Personal Information" link. Other states (Virginia, Colorado, Connecticut, Texas, etc.) have similar laws with their own thresholds.
- Auto-renewal law. Not applicable to you now (no subscriptions), but if you ever add one, several states require specific pre-checkout disclosures and easy cancellation.
- FTC "click-to-accept." These Terms are far more enforceable if customers actively check a box at checkout ("I agree to the Terms of Service and Privacy Policy") than if you only link them in the footer.
- Product-specific rules. Cosmetics, supplements, food, children's products, electronics and apparel each carry additional federal labeling and claims requirements not covered here.
- Have a lawyer review Sections 15, 16 and 19 before you launch. These are the clauses that actually matter when something goes wrong, and they are the ones most often struck down when drafted generically.