Terms of service
OVERVIEW
This website is operated by Ledesma Enterprises LLC, a Texas limited liability company doing business as 1836 Thread Co. Throughout the site, the terms "1836 Thread Co.," "we," "us," and "our" refer to Ledesma Enterprises LLC d/b/a 1836 Thread Co. We provide this website, including all information, tools, and services available through it, to you—the user—conditioned upon your acceptance of the terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by these Terms of Service ("Terms"), including any additional terms, conditions, and policies referenced here and/or available by hyperlink. These Terms apply to all users of the site, including without limitation browsers, customers, merchants, and contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all terms and conditions, you may not access the website or use any Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Important: Section 19 contains a binding arbitration agreement and class-action waiver that affect your legal rights. Please read carefully.
Any new features or tools added to the store will also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to review this page periodically for changes. Continued use of the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc., which provides the e-commerce platform that allows us to sell our products and services to you.
SECTION 1 — ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including, but not limited to, copyright laws) in your use of the Service.
You must not transmit any viruses, worms, or any code of a destructive nature.
A breach or violation of any of these Terms may result in immediate termination of your access to the Services.
SECTION 2 — GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (excluding credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, access to the Service, or any contact on the website through which the Service is provided, without our express written permission.
Headings are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 — ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain historical information. Historical information is not current and is provided for reference only. We reserve the right to modify the contents of this site at any time, but we are not obligated to update any information. You agree it is your responsibility to monitor changes to our site.
SECTION 4 — MODIFICATIONS TO THE SERVICE & PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 — PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These items may have limited quantities and are subject to return or exchange only according to our Refund Policy.
We have made every effort to display product colors and images as accurately as possible. We cannot guarantee that your device's display of any color will be accurate.
We reserve the right, but are not obligated, to limit sales of our products or services to any person, geographic region, or jurisdiction, and may exercise this right on a case-by-case basis. We reserve the right to limit quantities of any products or services we offer. Product descriptions and pricing are subject to change at any time without notice, in our sole discretion. We reserve the right to discontinue any product at any time. Any offer for a product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 — ACCURACY OF BILLING & ACCOUNT INFORMATION
We reserve the right to refuse any order placed with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed under the same customer account, the same credit card, and/or orders that use the same billing or shipping address. If we change or cancel an order, we may attempt to notify you via the email, billing address, and/or phone number provided at checkout.
We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address and payment details, so we can complete your transactions and contact you as needed.
For more details, please review our Refund Policy.
SECTION 7 — OPTIONAL TOOLS
We may provide access to third-party tools that we do not monitor and do not control.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without warranties, representations, or conditions of any kind and without endorsement. We are not liable for any issues arising from or relating to your use of optional third-party tools.
Any use of optional tools offered through the site is entirely at your own risk and discretion. You should ensure you understand and approve the terms on which such tools are provided by the relevant third party.
We may also introduce new services and features through the website. Such new features and services will also be subject to these Terms.
SECTION 8 — THIRD-PARTY LINKS
Certain content, products, and services available through our Service may include materials from third parties.
Third-party links may direct you to websites not affiliated with us. We are not responsible for examining or evaluating their content or accuracy and do not warrant or assume liability for any third-party materials or websites.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with third-party websites. Please review the third party's policies and practices carefully. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 9 — USER COMMENTS, FEEDBACK & OTHER SUBMISSIONS
If you submit contest entries, creative ideas, suggestions, proposals, plans, or other materials (collectively, "comments"), whether online, by email, by mail, or otherwise, you agree that we may use, edit, copy, publish, distribute, translate, and otherwise use such comments in any medium, at any time, without restriction.
We are not obligated to (1) maintain comments in confidence, (2) pay compensation for comments, or (3) respond to comments.
We may, but have no obligation to, monitor, edit, or remove content we determine in our sole discretion is unlawful, offensive, threatening, defamatory, pornographic, obscene, otherwise objectionable, or violates any party's intellectual property or these Terms.
You agree your comments will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree your comments will not contain unlawful, abusive, or obscene material, or contain malware that could affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone else, or mislead us or third parties as to the origin of any comments. You are solely responsible for your comments and their accuracy. We assume no liability for comments posted by you or any third party.
SECTION 10 — PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 — ERRORS, INACCURACIES & OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after an order has been submitted).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, except as required by law. No specified update date should be taken to indicate that all information has been modified or updated.
SECTION 12 — 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 solicit others to perform or participate in unlawful acts;
(c) to violate any laws or regulations;
(d) to infringe upon our intellectual property rights or the rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or malicious code;
(h) to collect or track personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent security features of the Service or any related website.
We reserve the right to terminate your use of the Service for violating any prohibited uses.
SECTION 13 — DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not warrant that results obtained from use of the Service will be accurate or reliable.
You agree that we may remove or cancel the Service at any time without notice.
Your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered through the Service are provided "as is" and "as available" without any warranties or conditions of any kind, either express or implied, including implied warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall 1836 Thread Co., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Service or any products procured using the Service, even if advised of the possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions shall be limited to the maximum extent permitted by law.
SECTION 14 — INDEMNIFICATION
You agree to indemnify, defend, and hold harmless 1836 Thread Co. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees 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 or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 15 — SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed, without affecting the validity and enforceability of any remaining provisions.
SECTION 16 — TERMINATION
The obligations and liabilities incurred prior to termination shall survive termination of this agreement.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services or by ceasing to use our site.
If, in our sole judgment, you fail (or we suspect you have failed) to comply with any term or provision, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination, and/or we may deny you access to the Services (or any part thereof).
SECTION 17 — ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior agreements, communications, and proposals, whether oral or written, between you and us (including prior versions of the Terms).
Any ambiguities in interpretation shall not be construed against the drafting party.
SECTION 18 — GOVERNING LAW
These Terms and any separate agreements whereby we provide Services shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions. Subject to the binding arbitration provisions in Section 19, any disputes arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Collin County, Texas.
SECTION 19 — BINDING ARBITRATION AND CLASS-ACTION WAIVER
Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.
Agreement to Arbitrate. You and 1836 Thread Co. agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or your use of or purchase from our store (collectively, "Disputes") shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may bring claims in small-claims court if your claims qualify and remain in such court.
Arbitration Rules and Forum. The arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules then in effect. The AAA's rules are available at www.adr.org. The arbitration shall take place in Collin County, Texas, or, at your election, telephonically or via video conference. Judgment on the arbitrator's award may be entered in any court of competent jurisdiction.
Class-Action Waiver. You and 1836 Thread Co. agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative action. Unless both you and we agree otherwise in writing, the arbitrator may not consolidate or join the claims of multiple persons and may not preside over any form of representative or class proceeding.
Exceptions. Notwithstanding the foregoing, either party may bring an individual action in small-claims court, and either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property rights or to prevent unauthorized use of the Service.
Opt-Out Right. You have the right to opt out of this arbitration agreement. To opt out, you must send written notice of your decision to opt out to support@1836threadco.com within 30 days of first agreeing to these Terms. Your notice must include your full name, the email address associated with your account or order, and a clear statement that you wish to opt out of the arbitration agreement. Opting out will not affect any other provision of these Terms.
Severability of This Section. If any portion of this Section 19 is found to be unenforceable, the remaining portions of this Section 19 shall remain in full force and effect, except that if the class-action waiver is found unenforceable, the entirety of this Section 19 shall be null and void, and the parties shall be deemed to have agreed to litigate Disputes in court as set forth in Section 18.
Survival. This Section 19 shall survive the termination of these Terms or your relationship with 1836 Thread Co.
SECTION 20 — CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to review the website periodically for changes. Continued use of the website following the posting of changes constitutes acceptance of those changes.
SECTION 21 — CONTACT INFORMATION
Questions about these Terms of Service should be sent to: support@1836threadco.com