OVERVIEW

Welcome to Warmistry! In these Terms, “we,” “us,” and “our” mean Warmistry. Your access to this website, including all information, tools, products, and services available through it, is conditional upon your acceptance of the terms, policies, and notices set out here.

When you visit our website or make a purchase, you engage with our “Service” and agree to comply with these Terms of Service (“Terms”), together with any additional terms and policies referenced here or made available through links. These Terms apply to everyone who uses the site, including browsers, vendors, customers, merchants, and content contributors.

Please review these Terms carefully before accessing or using our website. Accessing any portion of the site signifies your agreement to be bound by these Terms. If you do not accept them, you must not access the website or use our Services. Where these Terms are regarded as an offer, acceptance is expressly limited to these Terms.

These Terms also govern any features or tools introduced to the store in the future. We may revise or replace any portion of these Terms by publishing updates on this website. You are responsible for checking this page periodically. Continuing to use the website after updates have been posted constitutes your acceptance of the revised Terms.

Our store is hosted by Shopify Inc., which supplies the e-commerce platform that allows us to offer and sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS 

By accepting these Terms of Service, you confirm that you have reached the age of majority in your state or province of residence. If you permit any of your minor dependents to use this site, you confirm that you have provided your consent for them to do so.

You must not use our products for unlawful or unauthorized purposes. When using the Service, you must comply with all laws applicable in your jurisdiction, including copyright laws.

You must not transmit worms, viruses, or any other malicious or destructive code.

Any breach or violation of these Terms will result in the immediate termination of your access to the Services.

SECTION 2 - GENERAL CONDITIONS

We may refuse to provide service to any person, for any reason, at any time.

You acknowledge that your content, excluding credit card information, may be transmitted without encryption across different networks and modified as necessary to meet the technical requirements of connected networks or devices. Credit card information is always encrypted when transmitted over networks.

Without our express written permission, you must not reproduce, duplicate, copy, sell, resell, or otherwise exploit any part of the Service, its use or access, or any contact made available on the website through which the Service is provided.

The headings in this agreement are provided solely for convenience and do not limit or otherwise affect the meaning or application of these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible for any information on this website that is inaccurate, incomplete, or out of date.

The content on this site is intended for general informational purposes only. It should not serve as the sole basis for your decisions without first consulting primary sources or information that is more accurate, complete, or up to date. You rely on the material provided on this site at your own risk.

Some information on this website may relate to past events. Such historical information is not current and is supplied solely for reference. We may change the content of this website at any time, but we are under no obligation to update any information. You acknowledge that monitoring changes to our website is your responsibility.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

We may change the prices of our products without prior notice.

We reserve the right to modify or discontinue the Service, including any part of it or its content, at any time without notice.

We will not be liable to you or any third party for any modification, price adjustment, suspension, or discontinuation of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable) 

Some products or services may be offered only through our website. Availability may be limited, and returns or exchanges are governed exclusively by our Refund Policy.

We make every effort to present product images and colors as accurately as possible. However, we cannot guarantee that the colors displayed on your computer monitor accurately reflect the actual product colors.

We reserve the right, without obligation, to restrict sales of our products or Services to particular individuals, geographic regions, or jurisdictions on a case-by-case basis. We may also limit the quantities of any products or services we offer. Product descriptions and prices may be changed at any time without notice, at our sole discretion. We may discontinue any product at any time. Offers for products or services on this website are void wherever prohibited.

We do not guarantee that any products, services, information, or other materials you purchase or obtain will meet your expectations, or that errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION 

We may decline any order submitted to us. At our sole discretion, we may restrict or cancel the quantities purchased by an individual, household, or order. These limits may apply to orders associated with the same customer account or credit card, or those sharing a billing or shipping address. If we modify or cancel an order, we may attempt to notify you using the email address, billing address, or phone number provided when you placed it. We also reserve the right to restrict or prohibit orders that, in our sole judgment, appear to come from dealers, resellers, or distributors.

You agree to supply accurate, complete, and up-to-date purchase and account information whenever you shop with us. You must promptly update your account details and other relevant information, including your email address, credit card numbers, and expiration dates, so we can process your transactions and contact you when necessary.

For further details, please refer to our Refund Policy.

SECTION 7 - OPTIONAL TOOLS

We may give you access to third-party tools that we do not monitor, control, or influence.

You acknowledge and agree that these tools are provided “as is” and “as available,” without any warranties, representations, conditions, or endorsement from us. We accept no liability arising from or connected with your use of these optional third-party tools.

Your use of any optional tools available through this website is entirely at your own risk and discretion. Before using them, you should ensure that you understand and accept the terms established by the relevant third-party providers.

We may introduce additional services or features through the website in the future, including new tools and resources. Any such additions will also be governed by these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS 

Some content, products, and services offered through our Service may contain materials supplied by third parties.

Links on this website may take you to third-party websites that are not affiliated with Warmistry. We are not responsible for reviewing or assessing their content or accuracy. We make no warranties and accept no liability or responsibility for third-party materials or websites, or for any other materials, products, or services provided by third parties.

We are not liable for any harm or damage arising from purchases, use of goods, services, resources, or content, or any other transactions involving third-party websites. Before entering into a transaction, carefully review the third party’s policies and practices and ensure that you understand them. Any complaints, claims, concerns, or questions about third-party products should be addressed directly to the relevant third party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

When you leave a product review, send us feedback, or upload content to Warmistry, please provide honest information based on your own experience. Do not post fake reviews, impersonate another customer, or use someone else’s email address.

For personalized orders, you are responsible for checking the names, dates, spelling, messages, photos, and customization options you submit before completing your purchase. If you upload a photo of another person, a pet photo taken by a photographer, or artwork created by someone else, you must have permission to use it. Submitting content to Warmistry does not transfer ownership of that content to us.

We use your uploaded photos and personalization details to prepare your design, produce your order, and resolve any order-related issues, as described in our Privacy Policy. We will ask for your permission before featuring these materials in our advertising, social media, or other public promotional content.

If you submit a review for publication, we may display it on our website alongside the name and photos you choose to include. We may correct formatting or remove personal contact details, but we will not change the meaning of your review. A negative rating alone is not a reason for us to remove a review.

We may refuse or remove submissions containing spam, threats, harassment, obscene material, private information about another person, unauthorized copyrighted content, or malicious links and files. We may also refuse a personalization request that includes these materials. We are not required to review every submission before it appears on our website.

Suggestions about new products, designs, or website improvements are welcome. Sending us a suggestion does not create an agreement to pay you, keep the idea confidential, or provide a response, unless we agree otherwise in writing. Please do not send confidential ideas through reviews or general feedback channels.

You are responsible for the content you submit and any permissions required to use it. Reviews and comments express the views of their authors. To the extent permitted by applicable law, Warmistry is not liable for content posted by customers or other third parties.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Information on our website or within the Service may occasionally contain typographical errors, inaccuracies, or omissions concerning product descriptions, prices, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct these issues, revise or update information, or cancel orders whenever information in the Service or on any related website is inaccurate. We may do so at any time without prior notice, including after you have placed an order.

Unless required by law, we are under no obligation to update, amend, or clarify information in the Service or on any related website, including pricing information. Any stated update or refresh date should not be interpreted as confirmation that all information in the Service or on a related website has been revised or brought up to date.

SECTION 12 - PROHIBITED USES

You may use the Warmistry website to browse, purchase, and personalize products for lawful purposes. You must not use our website, services, or personalization tools to:

• Upload photos, artwork, logos, characters, quotes, or other materials that you do not own or have permission to reproduce on a product.

• Submit personalization requests containing unlawful threats, hate speech, harassment, defamatory statements, or sexually explicit content.

• Share another person’s private information or use their image in a way that violates their privacy or other rights.

• Place orders using stolen payment details, impersonate another customer, or provide false information to obtain a refund, replacement, or discount.

• Publish fake reviews, spam, misleading promotional content, or malicious links.

• Upload viruses or harmful files, attempt to access customer accounts without permission, or interfere with our website, checkout, or security features.

• Collect customer information, send unsolicited messages, or use automated tools to scrape our website without our permission.

• Copy or resell Warmistry’s original product designs, mockup images, or website content without authorization.

If we identify a prohibited use, we may remove the submitted content, refuse the personalization request, cancel the affected order, or restrict access to our services. Any payment or refund relating to a canceled order will be handled in accordance with our Refund Policy and applicable law.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Warmistry does not guarantee that our website, checkout, personalization tools, or other online services will always be available, uninterrupted, secure, or free from errors. Information and results provided through these services may occasionally be inaccurate or incomplete. We may temporarily suspend or discontinue website features for maintenance, technical issues, or other operational reasons, sometimes without prior notice.

Product images and personalization previews are intended to help you understand your selected design. Actual colors, placement, and appearance may vary slightly due to screen settings, printing methods, and the materials used. These variations do not excuse a defective product, an incorrect item, or a failure to produce the personalization details confirmed in your order.

Except for the commitments expressly stated in our product descriptions and policies, and to the extent permitted by applicable law, our website and services are provided “as is” and “as available,” without additional express or implied warranties, including warranties of merchantability, fitness for a particular purpose, durability, title, or non-infringement.

To the extent permitted by applicable law, Warmistry and its directors, employees, agents, suppliers, and service providers will not be liable for indirect, incidental, special, punitive, or consequential losses arising from your use of, or inability to use, our website, services, or products. This includes lost profits, lost revenue, lost savings, lost data, or business interruption, whether the claim is based on contract, negligence, or another legal basis, even if we have been advised that such losses could occur.

Nothing in this section limits our responsibility to fulfill accepted orders or provide the remedies expressly offered under our Refund Policy. It also does not exclude or limit liability for fraud, willful misconduct, personal injury caused by our negligence, or any other liability that cannot legally be excluded or limited.

Your rights under applicable consumer protection laws remain unaffected. Where a jurisdiction does not allow a particular warranty exclusion or limitation of liability, that provision applies only to the extent permitted by law.

SECTION 14 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Warmistry and its officers, employees, agents, contractors, suppliers, and service providers from third-party claims, damages, liabilities, and reasonable legal fees arising from your breach of these Terms of Service or the policies incorporated into them, your violation of applicable law, or your infringement of another party’s rights.

For personalized orders, this includes claims relating to photos, artwork, logos, text, or other materials you submit without the necessary rights or permissions to reproduce them on a product.

This obligation applies only to the extent that a claim results from your actions or submissions. It does not apply to losses caused by Warmistry’s own negligence, willful misconduct, or breach of these Terms.

If a claim arises, we will notify you promptly and reasonably cooperate in responding to it. You may not agree to a settlement that requires Warmistry to admit liability, make a payment, or undertake any obligation without our prior written consent.

SECTION 15 - 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, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

You may stop using the Warmistry website and services at any time. This does not cancel an existing order; cancellation requests are subject to our Cancellation & Modification Policy.

We may suspend or terminate your access if we reasonably believe you have violated these Terms, including using fraudulent payment details, submitting unauthorized designs, or interfering with our website. We may act without prior notice when necessary to address fraud or security risks.

Termination does not remove amounts lawfully owed or responsibilities arising before termination. Existing orders and any refunds or replacements will be handled under our applicable policies. Your statutory consumer rights remain unaffected.

SECTION 17 - 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.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes 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, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - 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 Denver, Colorado, US.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. 

SECTION 20 - SMS MESSAGING TERMS

Description: FatCat Express LLC sends recurring automated customer care text messages, including replies to customer inquiries, account help, and support follow-ups.

Message frequency: Message frequency varies.

Costs: Message and data rates may apply.

Opt out: Reply STOP at any time to stop receiving messages. You will receive one final message confirming you have been unsubscribed. After that, you will receive no more messages from us unless you opt in again.

Help: Reply HELP for assistance. You can also contact us at support@warmistry.com or (719) 745-7921.

Carrier disclaimer: Carriers are not liable for delayed or undelivered messages.

Privacy: For details on how we handle your information, see our Privacy Policy. We do not sell or share mobile numbers or SMS consent with third parties for their marketing purposes.

SECTION 21 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@warmistry.com