Terms of Service

TERMS OF SERVICE

OVERVIEW Welcome to OriginalWestern.com! The terms “we”, “us” and “our” refer to OriginalWestern.com and/or Original Western LLC. Original Western LLC 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”). OriginalWestern.com is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions below, 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. If you do not agree to these Terms of Service or 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 at least 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 manage. To use the Services, 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. You are solely responsible for maintaining the security of your account credentials.

SECTION 2 - OUR PRODUCTS We make every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.

SECTION 3 - ORDERS When you place an order, you are making an offer to purchase. Original Western LLC reserves the right to accept or decline your order for any reason. Your order is not accepted until we confirm acceptance and process your payment. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING Prices are subject to change without notice. Unless stated otherwise, posted prices do not include taxes or shipping charges. You agree to provide current, complete and accurate purchase and account information. You represent and warrant that (i) the credit card information you provide is true and correct, (ii) you are authorized to use such card, and (iii) you will pay all charges incurred at the posted prices.

SECTION 5 - SHIPPING AND DELIVERY All delivery times are estimates only and are not guaranteed. Once we transfer products to the carrier, title and risk of loss pass to you. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control.

SECTION 6 - INTELLECTUAL PROPERTY All content included in the Services, such as text, graphics, logos, images, and software, is the property of Original Western LLC, its affiliates or licensors and is protected by United States and international copyright, trademark, and other intellectual property laws. You are granted a limited, non-commercial license to use the Services. Any unauthorized use is strictly prohibited.

SECTION 7 - OPTIONAL TOOLS & SECTION 8 - THIRD-PARTY LINKS We may provide you with access to third-party tools or links to third-party websites which we neither monitor nor control. You acknowledge that we provide access to such tools and links ”as is” without any warranties of any kind. Use of these is entirely at your own risk.

SECTION 9 - RELATIONSHIP WITH SHOPIFY OriginalWestern.com is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. You acknowledge that Shopify is not responsible for any aspect of the sales contract between you and Original Western LLC.

SECTION 10 - PRIVACY POLICY Your submission of personal information through the store is governed by our Privacy Policy. [Insert Link to Privacy Policy].

SECTION 11 - FEEDBACK If you send us creative ideas, suggestions, or other materials (collectively, 'Feedback'), you agree that we may, at any time, without restriction, edit, copy, publish, and distribute any Feedback that you forward to us. We are under no obligation to maintain Feedback in confidence or pay compensation for it.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service is inaccurate at any time without prior notice.

SECTION 13 - PROHIBITED USES In addition to other prohibitions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to infringe upon our intellectual property; (d) to harass, abuse, or discriminate; (e) to submit false or misleading information; or (f) to interfere with the security features of the Service.

SECTION 14 - TERMINATION The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

SECTION 15 - DISCLAIMER OF WARRANTIES THE SERVICES AND ALL PRODUCTS ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

SECTION 16 - LIMITATION OF LIABILITY IN NO CASE SHALL ORIGINAL WESTERN LLC, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, OR LOSS OF DATA, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE.

SECTION 17 - INDEMNIFICATION You agree to indemnify, defend and hold harmless Original Western LLC and our parent, subsidiaries, affiliates, partners, and officers from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service.

SECTION 18 - SEVERABILITY In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law.

SECTION 19 - WAIVER; ENTIRE AGREEMENT The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

SECTION 20 - ASSIGNMENT We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 21 - GOVERNING LAW These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California. You and Original Western LLC agree that any dispute arising from these Terms shall be resolved exclusively in the state or federal courts located in Los Angeles County, California.

SECTION 22 - HEADINGS The headings used in this agreement are included for convenience only.

SECTION 23 - CHANGES TO TERMS OF SERVICE We reserve the right to update, change or replace any part of these Terms of Service by posting updates and changes to our website. Your continued use of the website following the posting of any changes constitutes acceptance of those changes.

SECTION 24 - CONTACT INFORMATION Questions about the Terms of Service should be sent to us at hello@originalwestern.com. Our physical contact information is as follows:

  • Entity Name: Original Western LLC

  • Address: 5625 Firestone Blvd., Unit E24, South Gate, CA 90280

  • Phone: +1-949-233-6060

  • Jurisdiction: A Company Incorporated under the Laws of the State of California