Terms of Service

OVERVIEW

Welcome to Wesley Bowers Creative LLC! Throughout the site, the terms "we", "us", and "our" refer to Wesley Bowers Creative LLC. Wesley Bowers Creative 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"). Wesley Bowers Creative LLC is powered by Shopify, which enables us to provide the Services to you.

By visiting, interacting with, or purchasing from our Services, you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. Please read these Terms carefully before accessing or using 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 of residence, or that you are the age of majority and have given us your consent to allow any of your minor dependents to use the Services.

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 and for all activity under your account.

SECTION 2 - PRODUCTS AND ARTWORK

We make every effort to display the colours, textures, and details of our products accurately. However, actual colours and details may differ depending on your display device and settings. We do not warrant that product appearances or qualities will perfectly match screen renderings.

All product descriptions and pricing are subject to change at any time without notice at our sole discretion. We reserve the right to limit sales or quantities of our products to any person or geographic region, and to discontinue any product at any time.

SECTION 3 - ORDERS, RESALE RESTRICTIONS, AND RETURNS

When you place an order, you are making an offer to purchase. Wesley Bowers Creative LLC reserves the right to accept or decline your order for any reason at its sole discretion. Your order is not confirmed until payment is processed and acceptance is confirmed via email.

Purchases made through our website are strictly for personal, non-commercial use and are not for commercial resale or export, unless explicitly authorised under a separate written Wholesale Agreement executed by Wesley Bowers Creative LLC.

All purchases are subject to return or exchange solely in accordance with our Refund Policy. Change-of-mind return requests are accepted within 14 days of delivery exclusively for unworn jewellery (in original condition with tags and packaging attached) and unopened studio stationery and paper goods (sealed in original packaging). All hand-embellished prints, limited edition prints, print-on-demand (POD) goods, and sale items are final sale for change-of-mind returns.

Final sale exclusions apply strictly to change-of-mind returns. Any item arriving damaged, defective, or incorrect is fully covered under our Refund Policy.

SECTION 4 - PRICES AND PAYMENT

Prices posted on our site are in US dollars (USD) and do not include sales tax or shipping charges, which are calculated and added at checkout. Prices and promotional discounts are subject to change without notice.

You represent and warrant that: (i) credit card or payment information provided is true and complete; (ii) you are authorised to use the payment method; and (iii) charges incurred will be honoured by your financial institution.

SECTION 5 - US-ONLY SHIPPING

We currently ship within the United States only. International shipping is not available at this time.

For shipping questions, contact wesleybowerscreative@gmail.com and include your order number if you have already placed an order.

If your order arrives damaged, defective, or incorrect (including print-on-demand items with production errors or print flaws), we will make it right promptly.

Upon verification, we will arrange for a replacement to be dispatched at no cost to you, or issue a full refund including original shipping charges.

SECTION 6 - INTELLECTUAL PROPERTY AND COPYRIGHT OWNERSHIP

All original artwork, studio product creations, graphics, text, logos, product names, and proprietary content displayed on the Services are owned by Wesley Ethyn Bowers / Wesley Bowers Creative LLC and are protected by US and international copyright and trademark laws.

• Third-Party Rights: Shopify's name, logo, software infrastructure, third-party application code, fonts, and external vendor materials displayed on or integrated into the Services remain the intellectual property of their respective owners. Nothing in these Terms grants you any right or licence in such third-party property.
• Artwork Copyright vs. Physical Purchase: Purchase of any physical artwork, art print, hand-embellished piece, or jewellery item grants you ownership of the physical object only. Purchase does NOT transfer copyright, licensing, reproduction, or commercial exploitation rights to you. All copyright and reproduction rights remain exclusively with Wesley Ethyn Bowers / Wesley Bowers Creative LLC. You may not copy, scan, modify, reproduce, resell prints of, or create derivative works from any item or image purchased from or displayed on our site without our prior written consent.

SECTION 7 - THIRD-PARTY LINKS AND OPTIONAL TOOLS

We may provide access to third-party tools or links to third-party websites (including payment processors and Shopify apps) over which we have no control. You acknowledge that access to such tools is provided "as is" and "as available" without warranties of any kind. Use of third-party tools or sites is entirely at your own risk.

SECTION 8 - RELATIONSHIP WITH SHOPIFY

Wesley Bowers Creative LLC 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 Wesley Bowers Creative LLC. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Wesley Bowers Creative LLC, 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 Wesley Bowers Creative LLC.

SECTION 9 - USER FEEDBACK AND PRODUCT REVIEWS

If you submit, upload, or post product reviews, photos, suggestions, ideas, or other content ("Feedback"), you grant Wesley Bowers Creative LLC a perpetual, worldwide, non-exclusive, royalty-free, sublicensable licence to use, reproduce, modify, publish, adapt, and display such Feedback in any media format for marketing, promotional, and commercial purposes.

We will respect your privacy when publishing Feedback: promotional uses will feature only your publicly provided review information (such as your display name, first name, or city/state) and will never disclose your private contact information, email address, or residential address without your explicit permission.

SECTION 10 - PROHIBITED USES

In addition to other prohibitions set forth in these Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to violate any federal, state, or local laws; (c) to infringe upon or violate our intellectual property rights or the rights of others; (d) to transmit viruses or malicious code; (e) to collect personal information of others; (f) to scrape or use automated means (including AI bots or scrapers) to access the Services; or (g) to bypass security controls.

SECTION 11 - DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY STATED BY WESLEY BOWERS CREATIVE LLC OR REQUIRED BY APPLICABLE LAW, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES 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 OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

SECTION 12 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WESLEY BOWERS CREATIVE LLC, OUR MEMBERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, OR REPLACEMENT COSTS ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PROCURED HEREIN.

OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO YOUR PURCHASE OR USE OF OUR SERVICES SHALL NOT EXCEED THE ACTUAL AMOUNT PAID BY YOU TO WESLEY BOWERS CREATIVE LLC FOR THE SPECIFIC ORDER GIVING RISE TO THE CLAIM (OR $100.00 USD, WHICHEVER IS GREATER). NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR GROSS NEGLIGENCE, WILFUL MISCONDUCT, OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE TO THE EXTENT SUCH LIMITATION IS PROHIBITED BY LAW.

SECTION 13 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Wesley Bowers Creative LLC, Shopify, and our officers, directors, employees, contractors, and agents from any claims, damages, liabilities, and legal fees arising out of your breach of these Terms, your violation of any law, or your misuse of the Services.

SECTION 14 - GOVERNING LAW AND VENUE

These Terms of Service and any separate agreements for Services shall be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to any principles of conflicts of law.

Except where prohibited by applicable law, any legal suit, action, or proceeding arising out of or related to these Terms or your purchase shall be instituted exclusively in the state courts located in Haywood County, North Carolina, or the United States District Court for the Western District of North Carolina. You and Wesley Bowers Creative LLC irrevocably consent to the personal jurisdiction and venue of such courts.

• Small Claims Exception: Notwithstanding the foregoing, either you or Wesley Bowers Creative LLC may bring an individual action in a small claims court of competent jurisdiction in your county of residence or in Haywood County, North Carolina, provided the claim qualifies for small claims resolution.

SECTION 15 - SEVERABILITY AND ENTIRE AGREEMENT

If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect. These Terms constitute the entire agreement between you and Wesley Bowers Creative LLC.

SECTION 16 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at:

Wesley Bowers Creative LLC
Email: wesleybowerscreative@gmail.com
Postal address: 222 Viewmont Dr, Canton, NC 28716
Phone: 801.419.5869
North Carolina SOS ID: 2767627