Terms of service

Welcome to The Worn Witness (“The Worn Witness,” “we,” “us,” “our”). The Worn Witness operates this online store and website, including all related information, content, features, tools, products, and services (collectively, the “Services”) to provide you with a curated shopping experience. The Worn Witness is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service (the “Terms”), together with any policies referenced herein, describe your rights and responsibilities when you use the Services. By visiting, interacting with, or using the Services, you agree to be bound by these Terms and our Privacy Policy ([link to /policies/privacy-policy]) and Refund Policy ([link to /policies/refund-policy]). If you do not agree, do not access or use the Services.

SECTION 1 – ACCESS AND ACCOUNT

By using the Services, you represent that you are at least the age of majority in your state or province of residence and you consent to allow any of your minor dependents to use the Services on devices you own or manage.
To use certain features (including purchasing), you may be asked to provide information such as your email address, billing, payment, and shipping details. You represent and warrant that such information is accurate, current, and complete and that you have the rights necessary to provide it.
You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 – OUR PRODUCTS (INCLUDING PRINT-ON-DEMAND)

We strive to display products accurately; however, colors and appearance may vary due to device and display settings. Many apparel items are print-on-demand (POD) and produced to order. As a result, there can be minor variations in placement, sizing, and color between mockups and final products.
We do not warrant that the quality or appearance of any products or services will meet your expectations. Product descriptions and pricing may change at any time without notice. We may discontinue products or limit quantities to any person, region, or jurisdiction at our discretion.

SECTION 3 – ORDERS

When you place an order, you make an offer to purchase. The Worn Witness may accept or decline your order at our discretion. Your order is accepted when we confirm acceptance and process your payment. Please review your order carefully before submitting—it may not be possible to cancel once accepted. If we do not accept, change, or cancel an order, we will attempt to notify you using the contact details provided.
Purchases are subject solely to our Refund Policy ([link to /policies/refund-policy]).
You represent and warrant that purchases are for 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 is the price in effect at the time of order and will be listed in your order confirmation. Unless stated otherwise, prices exclude taxes, shipping, handling, customs, and import charges.
Prices on our website may differ from prices offered elsewhere. Promotions may be governed by separate terms; if there is a conflict, the promotion terms control.
You agree to provide current, complete, and accurate purchase, payment, and account information and to promptly update it as needed. You represent and warrant that (i) the payment information you provide is true and complete; (ii) you are authorized to use it; (iii) charges will be honored; and (iv) you will pay all amounts due, including applicable taxes, shipping, and handling.

SECTION 5 – SHIPPING AND DELIVERY

Delivery times are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs, or events outside our control. Title and risk of loss transfer to you when items are handed to the carrier. For POD items fulfilled by partners (e.g., Printify), shipments may originate from different facilities and arrive separately.

SECTION 6 – INTELLECTUAL PROPERTY

The Services and all content (including trademarks, logos, text, graphics, images, video, audio, designs, and their arrangement) are owned by The Worn Witness or its licensors and are protected by applicable IP laws.
You may use the Services for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works, publicly display or perform, republish, download, store, or transmit any material from the Services without our prior written consent. All rights not expressly granted are reserved.
“The Worn Witness” names, logos, and related marks are our trademarks. Shopify’s names and marks are trademarks of Shopify. Other marks are the property of their respective owners.

SECTION 7 – OPTIONAL TOOLS

We may provide access to third-party tools “as is” and “as available,” without warranties or endorsements. We are not liable for your use of optional tools. Use any third-party tools at your own risk and review their terms. Future features may also be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

The Services may include third-party materials or links. We are not responsible for evaluating or warranting third-party content and are not liable for your access to or use of third-party sites, products, or services. Review third-party policies before engaging in any transaction. Direct complaints regarding third-party products/services to that third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

[NOTE TO MERCHANT: This section is Shopify-provided language and should not be removed or modified.]
The Worn Witness 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 The Worn Witness. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and The Worn Witness, 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 The Worn Witness.

SECTION 10 – PRIVACY POLICY

Personal information collected through the Services is subject to our Privacy Policy ([link to /policies/privacy-policy]). Certain information may also be subject to Shopify’s Privacy Policy. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access and use to provide and improve the Services. Information you submit may be transmitted to and shared with Shopify and third parties (which may be located in other countries). See our Privacy Policy for details.

SECTION 11 – FEEDBACK

If you submit ideas, suggestions, reviews, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose. You represent and warrant that you own or control the rights in your Feedback; that you have disclosed any compensation or incentives; and that your Feedback complies with these Terms. We may monitor, edit, or remove Feedback at our discretion. You may not misrepresent your identity or the origin of Feedback.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Information on the Services may contain typographical errors, inaccuracies, or omissions (including regarding descriptions, pricing, promotions, shipping charges, transit times, and availability). We reserve the right to correct, change, or update information or cancel orders if information is inaccurate at any time without prior notice (including after you submit an order).

SECTION 13 – PROHIBITED USES

You may use the Services only for lawful purposes. You agree not to (a) violate laws or rights; (b) infringe IP; (c) harass, defame, or harm others; (d) transmit misleading information; (e) upload non-compliant material; (f) send spam or solicitations; (g) impersonate others; (h) upload malware; (i) scrape or crawl; (j) interfere with security features; or (k) engage in conduct that restricts or inhibits anyone’s use or enjoyment of the Services. We may suspend, disable, or terminate accounts for violations.

SECTION 14 – TERMINATION

We may terminate or suspend the Services (or your access) at any time in our discretion. You remain liable for amounts due up to the date of termination. Sections that by their nature should survive termination will survive (including IP, Feedback, Disclaimers, Limitation of Liability, Indemnification, Severability, Waiver/Entire Agreement, Assignment, Governing Law, and Privacy).

SECTION 15 – DISCLAIMER OF WARRANTIES

The Services and all products are provided “as is” and “as available.” We do not warrant that the Services will be uninterrupted, timely, secure, or error-free, or that information is accurate or complete. We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement. Some jurisdictions do not allow certain disclaimers; those limits may apply to you.

SECTION 16 – LIMITATION OF LIABILITY

To the fullest extent permitted by law, in no event shall The Worn Witness, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, or Shopify and its affiliates be liable for any indirect, incidental, special, consequential, punitive, or similar damages (including lost profits, revenue, savings, data, replacement costs) arising from or related to your use of the Services or any products, even if advised of the possibility. Our maximum aggregate liability for any claim shall not exceed the amount you paid for the product giving rise to the claim.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless The Worn Witness, Shopify, and our/its affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from losses, damages, liabilities, claims, and expenses (including reasonable attorneys’ fees) arising out of (1) your breach of these Terms or referenced policies; (2) your violation of law or third-party rights; or (3) your use of the Services. We may control the defense and settlement of indemnified claims at your expense.

SECTION 18 – SEVERABILITY

If any provision of these Terms is found unlawful, void, or unenforceable, that provision will be enforced to the maximum extent permitted and the remainder will remain in full force and effect.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

Our failure to enforce any right or provision is not a waiver. These Terms and policies posted on the site constitute the entire agreement between you and us regarding the Services and supersede all prior agreements or communications. Ambiguities shall not be construed against the drafting party.

SECTION 20 – ASSIGNMENT

You may not assign, delegate, or transfer these Terms or any rights or obligations without our prior written consent. We may assign or transfer these Terms without notice.

SECTION 21 – GOVERNING LAW

These Terms and any separate agreements for the provision of Services are governed by the laws of the State of Texas, without regard to conflict of laws principles. You and The Worn Witness consent to the exclusive jurisdiction and venue of the state and federal courts located in Collin County, Texas.

If your business is registered in a different state, replace the above with your home jurisdiction.

SECTION 22 – HEADINGS

Headings are for convenience only and do not affect interpretation.

SECTION 23 – CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms at any time on this page. We may update these Terms by posting changes to our website. We will notify you of any material changes as required by law, and such changes are effective on the date stated in the notice. Your continued use of the Services after changes are posted constitutes acceptance.

SECTION 24 – CONTACT INFORMATION

Questions about these Terms should be sent to: thewornwitness@gmail.com.

The Worn Witness
Email: thewornwitness@gmail.com