Terms of service

welcome to cozy bluesky creative! the terms "we", "us" and "our" refer to cozy bluesky creative. cozy bluesky creative operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "services").

the below terms and conditions, 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, including accessing or browsing our online store or purchasing any of the products we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. you represent and warrant that all the information you provide in our store is correct, current and complete and that you have all rights necessary to provide this information.

you are solely responsible for maintaining the security of your account credentials and for all of your account activity. you may not transfer, sell, assign, or license your account to any other person.

section 2 - our products
we have made every effort to provide an accurate representation of our products in our online store. however, please note that colors or product appearance may differ from how they appear on your screen due to the type of device you use to access the store and your device settings and configuration.

we do not warrant that the appearance or quality of any products purchased by you will meet your expectations or be the same as depicted or rendered in our online store. this does not limit your right to a replacement or refund for damaged, defective or misprinted items under our refund policy.

all descriptions of products are subject to change at any time without notice at our sole discretion. we reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

section 3 - orders
when you place an order, you are making an offer to purchase. cozy bluesky creative reserves the right to accept or decline your order for any reason at its discretion. your order is not accepted until cozy bluesky creative confirms acceptance. we must receive and process your payment before your order is accepted. please review your order carefully before submitting, as cozy bluesky creative may be unable to accommodate cancellation requests after an order is accepted. in the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.

your purchases are subject to return or exchange solely in accordance with our refund policy.

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, discounts and promotions are subject to change without notice. the price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. unless otherwise expressly stated, posted prices do not include taxes or shipping.

prices posted in our online store may be different from prices offered in physical stores or in online or other stores operated by third parties. we may offer, from time to time, promotions that may affect pricing and that are governed by terms and conditions separate from these terms. if there is a conflict between the terms for a promotion and these terms, the promotion terms will govern.

you agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our store. you agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

you represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping charges and all applicable taxes, if any.

section 5 - shipping and delivery
delivery times are estimates and are not guaranteed. we are not responsible for delays caused by shipping carriers, weather, or events outside our control. if your package is lost in transit, please see our shipping policy and refund policy for how we'll help. we are not responsible for orders delayed, returned or lost because of an incorrect or incomplete address.

section 6 - intellectual property
our services, including but not limited to all trademarks, brands, text, displays, images, graphics, designs, illustrations, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by cozy bluesky creative, its affiliates or licensors and are protected by u.s. and foreign patent, copyright and other intellectual property laws.

these terms permit you to use the services for your personal, non-commercial use only. you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the services without our prior written consent. except as expressly provided herein, nothing in these terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of cozy bluesky creative or any third party. unauthorized use of the services may be a violation of federal and state intellectual property laws. all rights not expressly granted herein are reserved by cozy bluesky creative.

cozy bluesky creative's names, logos, product names, designs, and slogans are trademarks of cozy bluesky creative or its affiliates or licensors. you must not use such trademarks without the prior written permission of cozy bluesky creative. all other names, logos, product names, designs, and slogans on the services are the trademarks of their respective owners.

section 7 - optional tools
you may be provided with access to customer tools offered by third parties as part of the services, which we neither monitor nor have any control nor input.

you acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. we shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

we may also, in the future, offer new features through the services (including the release of new tools and resources). such new features shall also be deemed part of the services and are subject to these terms of service.

section 8 - third-party links
the services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). we are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

section 9 - disclaimer of warranties
to the fullest extent permitted by law, the services and all products are provided "as is" and "as available," without warranties of any kind, either express or implied, including implied warranties of merchantability and fitness for a particular purpose. some jurisdictions do not allow certain warranty disclaimers, so some of the above may not apply to you.

section 10 - limitation of liability
to the fullest extent permitted by law, cozy bluesky creative will not be liable for any indirect, incidental, special, consequential or punitive damages arising out of or related to your use of the services or any products purchased. our total liability for any claim related to an order will not exceed the amount you paid for that order. some jurisdictions do not allow these limitations, so some of the above may not apply to you.

section 11 - changes to these terms
we may update these terms from time to time. the version posted on our website at the time you place your order applies to that order. please check this page periodically for changes.

section 12 - governing law
these terms are governed by the laws of the state of texas, without regard to conflict of law principles.

section 13 - contact information
questions about these terms? email us at cozybluesky@cozyblueskycreative.com.