TERMS OF SERVICE

Effective Date: July 21, 2026
Last Updated: July 21, 2026

These Terms of Service (“Terms”) are a legally binding agreement between you and Heartcrafted LLC, doing business as The Heartcrafted Shop (“The Heartcrafted Shop,” “Heartcrafted,” “Company,” “we,” “us,” or “our”).

These Terms govern your access to and use of:

• The Heartcrafted Shop website, currently located at https://theheartcraftedshop.com, and any related webpages or online storefronts;

• Our products, custom-design services, personalization services, engraving services, live-event services, wholesale services, consultations, communications, promotions, and related offerings; and

• Any order placed with us through our website, an invoice, an online marketplace, social media, email, telephone, in person, or another approved sales channel.

By visiting our website, submitting an inquiry, approving a proof, paying an invoice, booking a service, placing an order, or otherwise using our services, you agree to be bound by these Terms and by any policies, proposals, estimates, invoices, service agreements, or order-specific terms incorporated into them.

Please read these Terms carefully before placing an order.

If you do not agree to these Terms, you must not use our website, purchase our products, submit materials to us, or book our services.

1. COMPANY INFORMATION

The Heartcrafted Shop is a Texas-based personalization and engraving studio offering products and services that may include:

• Personalized wedding details and décor;

• Wedding signs, table signs, cake toppers, ceremony signs, bar signs, and related event details;

• Engraved jewelry, drinkware, home goods, keepsakes, favors, gifts, and accessories;

• Bridal-party, wedding-party, corporate, client, employee, and promotional gifts;

• Custom, bulk, and wholesale orders;

• Live on-site engraving and personalization services;

• Design, assembly, packaging, sourcing, and fulfillment services; and

• Other curated or customized products and services.

Our products and services may change at any time. The inclusion of a product or service on our website does not guarantee that it will remain available.

2. ELIGIBILITY

You must be at least 18 years old and legally capable of entering into a binding contract to place an order or book a service.

By using our services, you represent that:

1. You are at least 18 years old;

2. You have authority to enter into these Terms;

3. The information you provide is true, accurate, current, and complete;

4. You are authorized to use the payment method submitted;

5. You are not purchasing our products or using our services for an unlawful purpose; and

6. When acting for a company, couple, venue, planner, organization, or other person, you have authority to bind that party.

We may decline or cancel an order if we reasonably believe that the purchaser is not eligible or authorized to complete the transaction.

3. ADDITIONAL POLICIES AND AGREEMENTS

These Terms incorporate by reference all applicable policies and order-specific documents, including our:

• Privacy Policy;

• Shipping Policy;

• Returns and Refund Policy;

• Accessibility Statement;

• Giveaway Terms and Conditions;

• Estimates, proposals, invoices, and proof approvals;

• Live Engraving or Event Services Agreement;

• Wholesale or bulk-order agreement; and

• Any written terms presented during checkout or before payment.

When an order-specific written agreement conflicts with these general Terms, the more specific written agreement will control for that transaction.

4. ELECTRONIC COMMUNICATIONS AND SIGNATURES

You consent to conduct transactions electronically and to receive records, agreements, notices, invoices, proofs, disclosures, and other communications by email, website, electronic checkout, electronic-signature platform, text message, or another electronic method.

Your electronic acceptance, typed name, checkbox selection, proof approval, invoice payment, deposit payment, or other affirmative electronic action may constitute your signature and agreement to the applicable terms.

You are responsible for retaining copies of electronic communications and transaction records.

5. PRODUCT INFORMATION

We make reasonable efforts to display and describe our products accurately. However:

• Screen settings may cause colors to appear differently;

• Natural wood, leather, stone, slate, cork, glass, and other materials may contain variations;

• Handmade and hand-finished products may vary slightly;

• Engraving placement, tone, depth, texture, and contrast may differ by material;

• Dimensions may vary within reasonable manufacturing tolerances;

• Product photography may include styling props that are not included;

• Digital mockups are illustrative and may not exactly reproduce the final physical item; and

• Materials, components, packaging, and suppliers may change when reasonably necessary.

Variations inherent to natural materials, handmade production, personalization, screen display, photography, lighting, manufacturing, or engraving processes are not automatically considered defects.

The product description and written order confirmation determine what is included in a purchase. Please contact us before ordering if a product characteristic is essential to your decision.

6. AVAILABILITY AND PRODUCT CHANGES

All products, materials, components, colors, sizes, packaging, and services are subject to availability.

We may, without prior notice:

• Limit quantities;

• Discontinue products;

• Substitute a substantially comparable component when necessary;

• Correct descriptions, pricing, or availability errors;

• Decline orders;

• Restrict sales by geographic region, customer, event, or order type; or

• Cancel an order when fulfillment is not reasonably possible.

When a material substitution would materially affect the appearance or function of a custom order, we will make reasonable efforts to obtain your approval before proceeding.

If we cancel a paid order for reasons unrelated to your breach, we will issue an appropriate refund for the canceled portion.

7. PRICES, QUOTES, AND ESTIMATES

Unless otherwise stated:

• All prices are listed in United States dollars;

• Prices exclude shipping, delivery, setup, travel, taxes, duties, rush fees, venue fees, and other charges;

• Online prices may differ from custom quotes, wholesale pricing, marketplace pricing, or event pricing;

• Quotes are estimates unless expressly identified as fixed prices;

• Quotes expire on the date listed or, if no date is listed, 14 calendar days after issuance; and

• Pricing may change before an order is accepted and paid.

A quote does not reserve inventory, materials, event availability, production capacity, or a delivery date.

Obvious pricing or typographical errors do not bind us. If an error affects your order, we may contact you for approval of the corrected amount or cancel and refund the affected order.

8. TAXES

You are responsible for applicable sales, use, excise, customs, import, and similar taxes or charges unless the law requires us to collect them.

Wholesale or tax-exempt customers must provide valid documentation before the order is finalized. We may decline to apply an exemption when the documentation is incomplete, expired, or not reasonably verifiable.

9. ORDER ACCEPTANCE

Submitting an order or payment does not necessarily mean that we have accepted the order.

An order is accepted when we:

• Confirm acceptance in writing;

• Begin production;

• Issue a final order confirmation; or

• Otherwise clearly indicate acceptance.

We may refuse or cancel an order because of:

• Suspected fraud or unauthorized payment;

• Pricing, inventory, listing, or system errors;

• Incomplete customization information;

• Intellectual-property concerns;

• Offensive, unlawful, discriminatory, threatening, or unsafe content;

• Equipment or material limitations;

• An unrealistic requested deadline;

• Prior payment disputes or abusive conduct;

• Excessive order risk; or

• Any other legitimate business reason permitted by law.

If we cancel an order before production for reasons unrelated to your breach, we will refund amounts paid for the canceled portion.

10. PAYMENT TERMS

Payment is due according to the checkout page, invoice, proposal, or service agreement.

We may require:

• Full payment before production;

• A nonrefundable or partially refundable retainer;

• A deposit followed by scheduled progress payments;

• Payment of the remaining balance before shipment, delivery, installation, or performance;

• A valid card kept on file;

• A security deposit for certain event services; or

• Payment of rush, design, travel, correction, replacement, storage, or rescheduling fees.

We are not required to begin work, reserve a date, purchase materials, release products, ship an order, or attend an event until all required payments have cleared.

Returned payments, rejected payments, or reversals may result in additional charges to the extent permitted by law.

11. RETAINERS AND DEPOSITS

A retainer compensates us for reserving production capacity or an event date and for turning away other work. Unless a written agreement states otherwise, a retainer becomes nonrefundable once:

• We reserve the applicable event date or production period;

• Design or administrative work begins;

• Materials are ordered;

• The cancellation period stated in the proposal expires; or

• Other committed costs are incurred.

Deposits for custom products may also become nonrefundable after design work, sourcing, ordering, preparation, or production begins.

Any refund or credit will be determined under the applicable written proposal, invoice, cancellation policy, and nonwaivable law.

12. CUSTOM AND PERSONALIZED PRODUCTS

Custom and personalized products include items made, engraved, printed, cut, assembled, sourced, modified, or packaged according to customer-selected details.

These details may include:

• Names;

• Initials;

• Dates;

• Wording;

• Titles;

• Monograms;

• Logos;

• Photographs;

• Handwriting;

• Signatures;

• Colors;

• Fonts;

• Layouts;

• Dimensions;

• Materials;

• Quantities;

• Event themes; and

• Other customized specifications.

You are responsible for reviewing all submitted information before completing the order.

We are not responsible for errors contained in information you submitted or approved, including spelling, punctuation, capitalization, dates, addresses, names, titles, monograms, dimensions, colors, quantities, or design choices.

Customer-submitted mistakes are not manufacturing defects.

13. CUSTOMIZATION INSTRUCTIONS

Customization instructions must be clear, complete, and provided through an approved method.

Instructions left in social-media comments, informal messages, telephone conversations, or unrelated email threads may not become part of an order unless we confirm them in writing.

When instructions conflict, we may rely on:

1. The most recent proof you approved;

2. The final written order confirmation;

3. The personalization entered at checkout; or

4. The most recent written instructions we acknowledged.

You must notify us promptly if any information changes.

14. DESIGN PROOFS AND APPROVALS

We may provide a digital proof for certain custom products. Not every order includes a proof.

A proof may be supplied for reviewing:

• Spelling;

• Wording;

• Dates;

• Names;

• General placement;

• Font selection;

• Layout; and

• Overall design direction.

Proofs are not exact manufacturing simulations. Colors, scale, engraving tone, texture, positioning, and material characteristics may vary in the final product.

By approving a proof, you confirm that:

• All text and details are correct;

• The design is acceptable;

• You authorize production;

• You understand that production may begin immediately; and

• Changes requested after approval may require additional fees or may not be possible.

We are not responsible for an error appearing in an approved proof unless the final item materially differs from the approved proof because of our production error.

15. PROOF RESPONSE DEADLINES

You must review proofs promptly.

Unless we agree otherwise, delays in approving a proof, submitting information, making selections, or responding to questions will extend the production and delivery schedule.

We are not liable for missed event dates or delayed delivery caused by a customer’s delayed response.

When a proof remains unapproved, we may:

• Place the order on hold;

• Reschedule the production slot;

• Revise the estimated completion date;

• Charge a rescheduling or rush fee;

• Produce according to previously confirmed instructions when expressly authorized; or

• Cancel the order under the applicable cancellation terms.

16. DESIGN REVISIONS

The number of included revisions, if any, will be stated in the applicable product description, quote, or proposal.

Additional revisions, major redesigns, changes in direction, new concepts, or changes requested after approval may incur design fees.

A minor revision does not include:

• Replacing the overall concept;

• Changing the product type;

• Changing dimensions or material;

• Rebuilding customer-supplied artwork;

• Creating multiple additional design directions;

• Recreating artwork after approval; or

• Correcting information that the customer originally supplied incorrectly.

17. ARTWORK, LOGOS, PHOTOGRAPHS, AND OTHER CUSTOMER CONTENT

You may provide us with text, logos, artwork, photographs, signatures, handwriting, illustrations, trademarks, names, designs, or other materials (“Customer Content”).

By submitting Customer Content, you represent and warrant that:

• You own the content or have permission to use it;

• You have the right to authorize us to reproduce and modify it;

• Our use of it for your order will not infringe another person’s rights;

• It does not violate privacy, publicity, trademark, copyright, or other laws;

• It is not defamatory, threatening, hateful, fraudulent, obscene, or unlawful; and

• It does not contain malicious code or harmful files.

You grant us a limited, nonexclusive, royalty-free license to use, copy, resize, convert, crop, trace, adapt, engrave, reproduce, and otherwise process Customer Content as reasonably necessary to prepare, manufacture, fulfill, document, and support your order.

You remain responsible for obtaining permissions from photographers, artists, designers, businesses, organizations, couples, guests, employees, and other rights holders.

We may reject Customer Content that presents legal, technical, reputational, or safety concerns.

18. ARTWORK QUALITY AND CONVERSION

Customer Content must meet our technical requirements.

Low-resolution, blurred, incomplete, poorly contrasted, compressed, distorted, or otherwise unsuitable files may not engrave or reproduce clearly.

We may:

• Request a replacement file;

• Convert the file;

• Simplify fine details;

• Adjust line weight or contrast;

• Remove backgrounds;

• Reformat or vectorize artwork;

• Charge an artwork-preparation fee; or

• Decline the design.

Artwork conversion may alter minor details. We will make reasonable efforts to preserve the overall design but cannot guarantee that every element will reproduce exactly on every material.

19. RIGHTS IN HEARTCRAFTED DESIGNS

Unless a written agreement expressly transfers ownership, we retain all rights in:

• Original layouts;

• Templates;

• design concepts;

• Product configurations;

• Sample designs;

• Engraving files;

• Production files;

• Test files;

• Photography;

• Website content;

• Marketing materials;

• Mockups;

• Processes;

• Methods;

• Branding; and

• Other intellectual property created or owned by us.

Purchasing a product does not transfer ownership of our design or production files.

You receive the physical product and any limited usage rights expressly stated in writing. You may not reproduce, manufacture, sell, distribute, or commercially exploit our proprietary design without written permission.

20. AI-ASSISTED IMAGES, MOCKUPS, AND DESIGN TOOLS

We may use software, automation, artificial intelligence, digital compositing, or other technology to help create concepts, mockups, backgrounds, marketing images, product previews, or internal design variations.

AI-assisted or digitally created images are illustrative and may depict:

• Styled environments;

• Simulated engraving;

• Example product placement;

• Decorative elements;

• Proportions, textures, or lighting that differ from the physical product; or

• Components that are not included with the purchase.

We do not use AI-generated imagery as a substitute for truthful product information. The written product description, confirmed specifications, and approved proof control over a styled or illustrative image.

Physical products remain subject to our normal quality standards and production processes regardless of whether technology assisted with a concept or presentation.

21. CUSTOMER-SUPPLIED ITEMS

We may, at our discretion, agree to engrave or personalize an item supplied by the customer.

Customer-supplied items involve additional risk because we did not manufacture, source, inspect, or test the item before receiving it.

Before accepting such an item, we may require:

• Photographs;

• Material information;

• Manufacturer information;

• A test piece;

• A signed acknowledgment;

• A replacement allowance;

• Additional time; or

• A service fee.

You acknowledge that customer-supplied items may:

• React unpredictably to heat, pressure, lasers, adhesives, chemicals, coatings, handling, or engraving;

• Contain hidden coatings, defects, stress fractures, inconsistencies, or unsuitable materials;

• Break, crack, melt, discolor, warp, scorch, chip, stain, peel, or become unusable;

• Produce an unexpected engraving color or contrast; or

• Be impossible to replace.

We will exercise reasonable care, but we cannot guarantee successful personalization of customer-supplied items.

To the fullest extent permitted by law, our liability for damage caused during an agreed attempt to personalize a customer-supplied item will not exceed the lesser of:

1. The documented fair-market replacement value of the blank item immediately before delivery to us; or

2. The liability amount stated in the applicable written agreement.

This limitation does not apply where prohibited by law or to liability that cannot lawfully be limited.

We may refuse irreplaceable, sentimental, hazardous, extremely valuable, prohibited, or technically unsuitable items.

22. PROHIBITED MATERIALS AND ITEMS

You must not provide any item containing or made from a material that is hazardous, illegal, toxic, explosive, pressurized, flammable, radioactive, biologically contaminated, or unsafe for the intended process.

You must disclose all known coatings, chemicals, batteries, pressurized components, electronic components, finishes, and material compositions.

We may refuse to engrave an item when its composition is unknown or potentially unsafe.

The customer is responsible for losses, damage, or injury resulting from inaccurate or incomplete information about a customer-supplied item, subject to applicable law.

23. PRODUCTION TIMES

Production time begins only after all of the following have occurred, as applicable:

• The order is accepted;

• Required payment clears;

• All customization information is received;

• Customer-supplied items are received and accepted;

• The final proof is approved;

• Required materials are available; and

• Any required agreement is signed.

Production times are estimates unless we expressly guarantee a date in a signed written agreement.

Business days do not include weekends, federal holidays, scheduled closures, emergency closures, or days on which production is prevented by circumstances beyond our reasonable control.

24. RUSH ORDERS

Rush service is subject to approval and production capacity.

A rush fee pays for expedited scheduling and does not guarantee that a shipping carrier, venue, customer, or third party will perform on time.

A rush deadline is guaranteed only when:

• We expressly identify it as guaranteed in writing;

• All customer obligations are completed on time; and

• The scope of the guarantee is clearly stated.

Changes, delayed approvals, payment delays, address errors, material changes, or new requests may void a rush commitment without refunding the rush fee.

25. WEDDING AND EVENT DEADLINES

You are responsible for providing the correct wedding or event date and allowing enough time for design, production, shipping, inspection, corrections, and unexpected delays.

We recommend ordering well before the event date.

A requested “need-by,” “in-hand,” wedding, travel, setup, or event date is not guaranteed unless we expressly accept the deadline as guaranteed in writing.

You must inspect products immediately after delivery and notify us promptly of any issue. Waiting until the wedding or event may reduce available remedies because there may be insufficient time to repair or replace an item.

We are not responsible for consequential wedding or event costs arising from an item’s delay or issue, except where such a limitation is prohibited by law.

26. QUANTITY AND BULK ORDERS

Bulk and wholesale orders may involve reasonable production tolerances.

The applicable quote or agreement should specify whether:

• Exact quantity is guaranteed;

• An overrun or underrun is permitted;

• Samples are required;

• Packaging is included;

• Individual personalization is included;

• Setup or artwork fees apply;

• Shipping is consolidated or divided;

• Delivery is to one or multiple addresses; and

• Defective-unit replacement procedures differ from retail orders.

For individually personalized bulk orders, the customer must provide information in our required format. Reformatting, correcting, or manually organizing lists may incur additional charges.

We are not responsible for errors contained in a customer-approved spreadsheet, list, database, roster, seating chart, or personalization file.

27. WHOLESALE AND RESELLER ORDERS

Wholesale pricing is available only when approved by us.

Wholesale customers and resellers agree that they will:

• Provide accurate business and resale documentation;

• Follow any minimum-order requirements;

• Pay applicable deposits and balances;

• Not misrepresent our products;

• Not alter or remove required product information;

• Comply with applicable consumer, advertising, labeling, safety, and tax laws;

• Not resell our branded goods on unauthorized marketplaces when prohibited by written policy; and

• Handle their own customer communications unless otherwise agreed.

Wholesale pricing is confidential unless we authorize disclosure.

Unless otherwise agreed, the wholesale purchaser—not The Heartcrafted Shop—is responsible for the purchaser’s resale pricing, customer commitments, marketing claims, downstream fulfillment, refunds, and customer service.

28. LIVE ENGRAVING AND ON-SITE SERVICES

Live engraving and other on-site services require a separate written agreement, proposal, or invoice specifying details such as:

• Date;

• Service period;

• Venue;

• Guest count;

• Item count;

• Product responsibility;

• Setup and breakdown time;

• Travel;

• Parking;

• Loading access;

• Electrical requirements;

• Internet requirements;

• Workspace;

• Weather protection;

• Security;

• Venue approval;

• Personnel;

• Overtime;

• Branding;

• Personalization options;

• Safety requirements; and

• Cancellation or rescheduling terms.

The event host is responsible for securing venue permission and providing a safe, accessible, adequately ventilated, weather-protected, and operational workspace.

We may pause, relocate, modify, or terminate on-site services if conditions are unsafe, illegal, inaccessible, abusive, materially different from what was disclosed, or unsuitable for the equipment.

29. EVENT COUNTS AND SERVICE CAPACITY

Any estimated number of items personalized during a live event is based on assumptions concerning:

• Complexity of personalization;

• Guest participation;

• Item type;

• Artwork;

• Setup;

• Queue management;

• Equipment operation;

• Venue conditions;

• Breaks;

• Customer responsiveness; and

• Event duration.

Unless the event agreement guarantees a completed quantity, we do not guarantee that every guest or item will be served during the event period.

Requests involving lengthy text, complicated artwork, multiple selections, detailed logos, or guest indecision may reduce throughput.

30. EVENT OVERTIME

Services beyond the contracted end time require our approval and may be billed at the overtime rate stated in the agreement.

Overtime is not guaranteed and may be unavailable due to staffing, venue restrictions, transportation, equipment requirements, or another booking.

Time lost because of delayed venue access, late item delivery, customer delay, venue interruption, power problems, unsafe conditions, or missing requirements may remain part of the contracted service period unless otherwise agreed.

31. EVENT CANCELLATION AND RESCHEDULING

Event cancellation and rescheduling terms will be stated in the applicable agreement.

Unless that agreement states otherwise:

• Retainers are nonrefundable after the date is reserved;

• Cancellation fees may increase as the event date approaches;

• Completed design, ordering, travel, administrative, and production work remains payable;

• Rescheduling is subject to availability;

• A rescheduling fee may apply;

• Pricing may be updated for a new date; and

• A request to reschedule is not effective until confirmed in writing.

Weather concerns alone do not automatically permit cancellation without charge unless the event agreement says otherwise or performance is illegal, impossible, or unsafe.

32. CUSTOMER CONDUCT AT EVENTS

The client is responsible for reasonable crowd control and guest behavior.

We may refuse personalization that is:

• Hateful;

• Harassing;

• Threatening;

• Discriminatory;

• Obscene;

• Defamatory;

• Infringing;

• Unsafe;

• Illegal; or

• Inconsistent with the event agreement.

We may suspend or end services if our personnel, contractors, equipment, or property are threatened, touched without permission, damaged, harassed, or exposed to unsafe conditions.

Termination for the client’s or guests’ misconduct does not automatically entitle the client to a refund.

33. SHIPPING

Available shipping methods, rates, and estimated transit times may be displayed during checkout or in the applicable invoice.

Shipping and delivery dates are estimates unless expressly guaranteed in writing.

We may use third-party carriers and fulfillment providers. Carrier tracking may take time to update.

Orders containing multiple products may ship separately.

You are responsible for:

• Providing a complete and accurate address;

• Including apartment, suite, gate, building, and access information;

• Monitoring tracking;

• Making arrangements for delivery;

• Retrieving held packages; and

• Complying with carrier requirements.

Additional shipping costs caused by an incorrect address, refused package, failed delivery, forwarding request, or unclaimed shipment may be charged to the customer.

34. RISK OF LOSS AND SHIPPING CLAIMS

Risk of loss and title transfer will be determined by applicable law and the shipping terms associated with the transaction.

Nothing in these Terms eliminates rights or obligations that cannot legally be waived.

When a package appears lost or damaged, you must:

• Preserve all packaging;

• Photograph the package and product;

• Notify us promptly;

• Cooperate with the carrier’s investigation; and

• Provide requested documentation.

Do not discard a damaged product or packaging before the claim is resolved.

We may require the item to be returned before issuing a replacement or refund.

35. DELIVERY INSPECTION

Inspect your order immediately after delivery.

For a claimed production error, defect, shortage, or shipping damage, contact us within the period stated in our Returns and Refund Policy.

Your notice should include:

• Order number;

• Description of the issue;

• Photographs;

• Packaging photographs when applicable;

• Quantity affected; and

• The date the item is needed.

Prompt notice allows us to evaluate and, where appropriate, repair, reproduce, replace, credit, or refund the affected portion.

36. LOCAL PICKUP AND DELIVERY

Local pickup or delivery may be available by prior arrangement.

You must retrieve pickup orders within the communicated pickup period.

We may charge storage, redelivery, or handling fees for items not collected on time.

An item may be considered delivered when:

• It is handed to you or your authorized representative;

• It is delivered to the agreed location;

• It is accepted by a venue, planner, concierge, security desk, loading dock, or other authorized recipient; or

• The applicable delivery service records delivery.

37. RETURNS, REFUNDS, AND EXCHANGES

Our separate Returns and Refund Policy is incorporated into these Terms.

Because custom and personalized products are made specifically for the purchaser, they are generally final sale once design, sourcing, preparation, or production begins, except where a return, refund, repair, or replacement is required by law or expressly approved by us.

Nonpersonalized products may be returnable only when they meet the conditions and deadline stated in our Returns and Refund Policy.

Shipping charges, rush fees, design fees, retainers, deposits, special-order material costs, event-date reservation fees, and completed services may be nonrefundable to the extent permitted by law and as disclosed before purchase.

38. PRODUCTION ERRORS AND DEFECTIVE ITEMS

When we make a verified production error or provide a materially defective item, we may, as appropriate:

• Repair the item;

• Reproduce the affected item;

• Replace the item;

• Issue store credit;

• Refund the amount paid for the affected item; or

• Provide another remedy required by law.

We determine the appropriate remedy based on:

• Nature of the issue;

• Available time;

• Material availability;

• Product condition;

• Whether the item has been used or altered;

• Whether the customer approved the disputed detail; and

• Applicable law.

We are not required to refund an entire multi-item order because of an issue affecting only one item unless required by law.

39. CUSTOMER ERRORS AND CHANGE REQUESTS

Corrections resulting from customer-provided or customer-approved information may require full repayment or a correction fee.

Examples include:

• Misspelled names;

• Incorrect dates;

• Wrong dimensions;

• Incorrect addresses;

• Duplicate names;

• Incorrect guest lists;

• Incorrect monograms;

• Wrong color selections;

• Incorrect quantities;

• Approval of an unwanted design; and

• Failure to disclose an event deadline.

We may offer a courtesy discount for a corrected replacement, but we are not obligated to do so.

40. CANCELLATIONS

Cancellation eligibility depends on the order’s status.

An order may become noncancelable after:

• Design work begins;

• Materials are purchased;

• A proof is prepared;

• A proof is approved;

• Production begins;

• An event date is reserved;

• A custom component is ordered; or

• The order enters fulfillment.

A request to cancel is not effective until we confirm it in writing.

Any approved refund may be reduced by nonrefundable fees, work completed, committed costs, transaction charges to the extent permitted by law, and other amounts disclosed in the applicable agreement.

41. ABANDONED ORDERS

An order may be treated as abandoned when a customer fails to provide required information, approve a proof, pay a balance, arrange delivery, retrieve an item, or respond to repeated communications.

Before treating an order as abandoned, we may send notice to the contact information on file.

Subject to applicable law, abandoned orders may be:

• Placed on hold;

• Removed from the production schedule;

• Assessed storage or reactivation fees;

• Canceled without refund of committed costs;

• Disposed of after a reasonable period; or

• Otherwise handled as stated in the applicable agreement.

Attorney review is recommended before implementing a disposal deadline for customer-owned property.

42. PROMOTIONS, DISCOUNTS, AND COUPONS

Promotional offers may be subject to additional terms, including:

• Start and end dates;

• Product exclusions;

• Minimum purchases;

• One-use limits;

• Customer eligibility;

• Geographic restrictions;

• Quantity restrictions; and

• Prohibitions on combining offers.

Unless otherwise stated:

• Discounts cannot be applied retroactively;

• Discounts have no cash value;

• Discounts do not apply to taxes, shipping, deposits, event retainers, prior purchases, or excluded products;

• Promotions may not be combined;

• Promotions may end or change before an order is placed; and

• Fraudulent or unintended use may result in cancellation.

We will not retroactively modify an accepted paid order solely because a later promotion offers a lower price.

43. GIFT CARDS AND STORE CREDIT

Gift cards and store credits are governed by the terms provided at issuance and applicable law.

They may not be redeemed for cash except where required by law.

We are not responsible for gift cards or codes that are lost, stolen, disclosed, or used without authorization unless required by law.

Promotional credits may have different terms from purchased gift cards.

44. GIVEAWAYS AND SWEEPSTAKES

Giveaways, sweepstakes, and contests are governed by separate official rules.

Unless otherwise stated in the official rules:

• No purchase is necessary;

• A purchase does not increase the chance of winning;

• Eligibility may be limited by age and location;

• Entries must be submitted during the announced period;

• Fraudulent, automated, duplicate, or manipulated entries may be disqualified;

• Prizes are subject to availability;

• Taxes associated with a prize are the winner’s responsibility;

• Platform operators are not sponsors; and

• The promotion is void where prohibited.

If a giveaway post conflicts with the separate official rules, the official rules control.

45. REVIEWS, PHOTOS, AND USER-GENERATED CONTENT

You may submit reviews, photographs, videos, testimonials, comments, tags, or other content (“User Content”).

You retain ownership of your original User Content. By voluntarily submitting, posting, tagging us in, or sending User Content to us for marketing consideration, you grant us a nonexclusive, worldwide, royalty-free, sublicensable license to use, reproduce, crop, resize, edit for clarity, display, distribute, and publish it in connection with our business, marketing, website, social media, advertising, portfolio, and promotional materials, subject to applicable law.

We will not knowingly misrepresent the substance of a review.

You represent that:

• The content reflects a genuine experience;

• You have the right to submit it;

• People depicted have provided any necessary permission;

• It does not infringe another person’s rights; and

• It is not unlawful, threatening, defamatory, fraudulent, or misleading.

You may contact us to request that we stop using a specific item of User Content in future materials. Removal from materials already printed, published, distributed, or committed may not always be possible.

46. PORTFOLIO AND PRODUCT PHOTOGRAPHY

Unless a written agreement provides otherwise, we may photograph products we create and display those photographs in our portfolio and marketing.

We will make reasonable efforts not to publicly display private personal information that is unrelated to showcasing the work.

You may request confidentiality before production begins. Confidentiality requests may affect pricing when they prevent us from using the work in our portfolio.

For live events, photography of guests, venue interiors, or identifying event details should be addressed in the event agreement.

47. EMAIL AND TEXT COMMUNICATIONS

You agree that we may send transactional communications concerning:

• Orders;

• Proofs;

• Payments;

• Delivery;

• Customer service;

• Event coordination;

• Account security; and

• Policy or service updates.

Marketing emails will include an available unsubscribe method as required by applicable law.

Marketing text messages, when offered, are subject to separate consent and terms. Consent to marketing texts is not a condition of purchase unless expressly permitted by law.

Standard carrier rates may apply.

48. ACCOUNTS AND PASSWORDS

If our website permits accounts, you are responsible for:

• Maintaining accurate information;

• Protecting your password;

• Restricting access to your account;

• Reviewing activity; and

• Promptly notifying us of suspected unauthorized use.

You are responsible for activity conducted through your account to the extent permitted by law.

We may suspend or terminate accounts that present security, fraud, legal, or abuse concerns.

49. ACCEPTABLE WEBSITE USE

You may use our website only for lawful personal or legitimate business purposes.

You must not:

• Copy, scrape, crawl, harvest, mirror, or systematically extract content without permission;

• Use bots or automated tools to place orders, submit forms, create accounts, or interfere with availability;

• Bypass security or access controls;

• Introduce malware or harmful code;

• Interfere with the website or servers;

• Attempt unauthorized access;

• Impersonate another person;

• Submit false payment or identity information;

• Use our content to train or develop a competing system without written permission;

• Reverse engineer site functionality except where prohibited from restricting such conduct;

• Use our services to infringe rights; or

• Engage in fraud, harassment, abuse, or unlawful conduct.

We may block traffic, cancel orders, restrict accounts, preserve evidence, and cooperate with service providers or authorities when reasonably necessary.

50. INTELLECTUAL PROPERTY

The website and its original content, including our name, logos, photographs, videos, graphics, product designs, layouts, written content, branding, and other materials, are owned by or licensed to us and are protected by applicable intellectual-property laws.

Except for limited personal use of the website, you may not copy, reproduce, modify, distribute, publish, sell, license, create derivative works from, or commercially exploit our content without written permission.

Third-party names, marks, and content belong to their respective owners.

51. COPYRIGHT OR TRADEMARK CONCERNS

A rights holder who believes that content used by us infringes their rights may contact us with:

• Identification of the protected work or mark;

• Identification of the allegedly infringing material;

• Contact information;

• A statement explaining the claimed rights;

• A statement that the complaint is made in good faith; and

• Any documentation reasonably supporting the complaint.

We may remove, disable, or investigate disputed material while evaluating the claim.

Submitting a knowingly false claim may create legal liability.

52. THIRD-PARTY SERVICES AND LINKS

Our website may rely on or link to third-party platforms, including Shopify, payment processors, carriers, social-media platforms, scheduling tools, analytics providers, email providers, mapping tools, review services, and other vendors.

We do not control all third-party services and are not responsible for their independent content, availability, security, policies, or conduct.

Your use of a third-party service may be governed by that provider’s terms.

The inclusion of a link does not necessarily constitute endorsement.

53. PRIVACY

Our collection and use of personal information are described in our Privacy Policy.

These Terms do not replace the Privacy Policy.

Do not submit sensitive personal information that is unnecessary for an order.

When submitting another person’s information, including names, addresses, photographs, guest lists, or personalization details, you represent that you have an appropriate basis to provide that information to us.

54. PRODUCT CARE AND USE

You are responsible for following product-specific care, installation, cleaning, age, food-contact, safety, and usage instructions.

Unless specifically described otherwise:

• Decorative items are not toys;

• Small components may present a choking hazard;

• Engraved drinkware may require handwashing;

• Wood products may vary and require periodic care;

• Acrylic may scratch, crack, or warp if mishandled or exposed to heat;

• Glass and slate may break;

• Jewelry may react to moisture, chemicals, lotions, perfumes, or individual skin sensitivities;

• Signs must be securely installed; and

• Products should not be used for purposes inconsistent with their design.

Keep packaging and small products away from children where appropriate.

55. FOOD-CONTACT AND SERVING PRODUCTS

Cutting boards, charcuterie boards, drinkware, utensils, and other food-contact products must be used and maintained according to their product descriptions and care instructions.

Decorative finishes, paints, adhesives, resin, engraving fills, or display-only products may not be food safe unless expressly identified as such.

Customers are responsible for determining whether a product is suitable for a particular food, allergy, sanitation, commercial, or regulatory use.

56. INSTALLATION AND DISPLAY

Unless installation is expressly included, the customer is responsible for safely assembling, mounting, transporting, displaying, and securing products.

Before installation, confirm:

• Surface compatibility;

• Weight capacity;

• Hardware suitability;

• Venue rules;

• Weather conditions;

• Placement;

• Accessibility; and

• Safety.

We are not responsible for damage caused by improper mounting, unsuitable hardware, venue handling, wind, rain, heat, moisture, guests, contractors, planners, or other third parties.

57. NO PROFESSIONAL ADVICE

Website content, product suggestions, design guidance, event ideas, and communications are provided for general informational and commercial purposes.

They do not constitute legal, tax, medical, safety-engineering, architectural, electrical, venue-management, accessibility, or other regulated professional advice.

Consult an appropriate professional when such advice is required.

58. WARRANTIES AND DISCLAIMERS

We strive to provide high-quality products and services.

However, except for express written warranties provided by us and rights that cannot legally be disclaimed, the website, products, and services are provided on an “as is” and “as available” basis.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

• The website will always be uninterrupted or error-free;

• Every product will appear identical to a photograph or mockup;

• Natural materials will be uniform;

• Customer-supplied items will engrave successfully;

• Third-party carriers will deliver by an estimated date;

• A product will satisfy an undisclosed requirement; or

• Third-party services will remain available.

Some jurisdictions do not allow certain warranty exclusions. In those jurisdictions, the disclaimer applies only to the extent permitted by law.

Nothing in these Terms excludes an express written warranty or a nonwaivable consumer right.

59. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, THE HEARTCRAFTED SHOP AND ITS OWNERS, MEMBERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AFFILIATES, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOSS OF USE, EMOTIONAL DISTRESS, LOSS OF DATA, EVENT-RELATED COSTS, SUBSTITUTE-PRODUCT COSTS, OR REPUTATIONAL HARM, ARISING FROM OR RELATED TO THE WEBSITE, AN ORDER, A PRODUCT, A SERVICE, A DELAY, OR THESE TERMS.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING FROM A PARTICULAR ORDER OR SERVICE WILL NOT EXCEED THE AMOUNT ACTUALLY PAID TO US FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.

These limitations do not apply to liability that cannot lawfully be excluded or limited. They also do not waive rights under the Texas Deceptive Trade Practices–Consumer Protection Act or other nonwaivable law.

The limitations apply regardless of the theory asserted, including contract, tort, negligence, strict liability, warranty, statute, or otherwise, to the extent permitted by law.

60. INDEMNIFICATION

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless The Heartcrafted Shop and its owners, members, employees, contractors, representatives, affiliates, and service providers from third-party claims, losses, liabilities, damages, judgments, penalties, and reasonable costs arising from:

• Customer Content;

• Your violation of another person’s intellectual-property, privacy, publicity, or contractual rights;

• Your unlawful use of the website or products;

• Your breach of these Terms;

• False information you provide;

• Unsafe or prohibited customer-supplied materials;

• Your resale or modification of products;

• Your event guests’ or representatives’ conduct; or

• Your negligence or willful misconduct.

This provision does not require you to indemnify a protected party for liability that cannot legally be shifted or for that party’s own conduct to the extent prohibited by law.

61. FORCE MAJEURE

We are not liable for a delay, interruption, cancellation, or failure caused by events beyond our reasonable control, including:

• Severe weather;

• Hurricane;

• Flood;

• Fire;

• Freeze;

• Natural disaster;

• Public-health emergency;

• Epidemic or pandemic;

• Government action;

• War;

• Terrorism;

• Civil unrest;

• Labor interruption;

• Utility outage;

• Internet outage;

• Cyberattack;

• Carrier disruption;

• Transportation interruption;

• Venue closure;

• Supply shortage;

• Material discontinuation;

• Equipment failure despite reasonable maintenance;

• Illness or emergency affecting essential personnel;

• Power instability; or

• Other circumstances beyond reasonable control.

When such an event occurs, we may reasonably extend deadlines, substitute materials, relocate performance, reschedule services, suspend obligations, provide credit, or terminate the affected portion of an agreement.

Financial hardship, a change of mind, lower attendance, or an event host’s avoidable scheduling issue is not automatically a force-majeure event.

Order-specific event agreements may contain more detailed force-majeure terms.

62. CHARGEBACKS AND PAYMENT DISPUTES

Please contact us promptly before initiating a chargeback so we have an opportunity to review and resolve the concern.

You agree not to knowingly submit a false, misleading, or fraudulent payment dispute.

We may respond to a chargeback by providing relevant records, including:

• Order details;

• Proof approvals;

• Communications;

• Delivery confirmation;

• Tracking;

• Signed agreements;

• Photographs;

• Website disclosures; and

• Payment records.

A chargeback does not automatically cancel contractual obligations or transfer ownership of unpaid custom products.

We may suspend future orders from customers with unresolved payment disputes.

Nothing in this section prevents a customer from exercising a lawful payment-dispute right in good faith.

63. DISPUTE RESOLUTION: INFORMAL PROCESS

Before filing a lawsuit or initiating arbitration, the parties agree to make a good-faith effort to resolve the dispute informally, except where urgent injunctive relief or another legally protected remedy is necessary.

A written dispute notice should include:

• Name and contact information;

• Order or invoice number;

• Description of the dispute;

• Relevant documents;

• Requested resolution; and

• The amount claimed, if applicable.

Notices to us should be sent to customerservice@heartcrafted.shop with the subject line “Legal Dispute Notice.”

The parties will attempt to resolve the matter for at least 30 days after receipt of a complete notice before initiating a formal proceeding, unless a limitations period or urgent circumstance requires earlier action.

64. ARBITRATION AGREEMENT

ATTORNEY-REVIEW PROVISION — DO NOT PUBLISH WITHOUT LEGAL REVIEW

Except for disputes eligible for small-claims court, requests for temporary or emergency injunctive relief, intellectual-property enforcement, collection of undisputed amounts, or claims that cannot lawfully be arbitrated, the parties agree that disputes arising out of or relating to these Terms, the website, products, services, orders, or communications will be resolved by binding individual arbitration.

The arbitration will be administered by the American Arbitration Association under the rules applicable to the dispute, unless the parties agree to another administrator.

The arbitrator may award any individual remedy that a court could award under applicable law.

The arbitration location will be Harris County, Texas, unless consumer arbitration rules, applicable law, or the parties’ written agreement require or permit another location, remote proceeding, or documents-only proceeding.

The Federal Arbitration Act will govern the interpretation and enforcement of this arbitration provision to the extent applicable.

Before publishing this section, Texas counsel should confirm:

• The selected arbitration administrator;

• Allocation of fees;

• Consumer opt-out language;

• Mailing address;

• Small-claims carveout;

• Remote-hearing rights;

• Mass-arbitration procedures; and

• Compliance with Shopify’s current checkout and consent design.

65. CLASS-ACTION AND JURY-TRIAL WAIVER

ATTORNEY-REVIEW PROVISION — DO NOT PUBLISH WITHOUT LEGAL REVIEW

To the fullest extent permitted by law, each party agrees that claims subject to arbitration will be brought only in that party’s individual capacity and not as a plaintiff, claimant, or class member in a class, consolidated, collective, coordinated, mass, or representative proceeding.

To the fullest extent permitted by law, each party knowingly and voluntarily waives a trial by jury for disputes not required to be arbitrated.

If a court determines that a particular claim or requested remedy cannot be subject to the class-action waiver or arbitration requirement, that portion will proceed in court only after arbitrable matters have been resolved, unless applicable law requires otherwise.

66. ARBITRATION OPT-OUT

ATTORNEY-REVIEW PROVISION — COMPLETE BEFORE PUBLICATION

A customer may opt out of the arbitration agreement by sending a written notice within 30 days after first accepting these Terms.

The notice should include:

• Full legal name;

• Mailing address;

• Email address used for the purchase;

• Order number, if applicable; and

• A clear statement that the customer opts out of arbitration.

Send the notice by email to customerservice@heartcrafted.shop and, after counsel confirms the proper address, by mail to:

Heartcrafted LLC d/b/a The Heartcrafted Shop
[INSERT LEGAL MAILING ADDRESS]
Houston, Texas [ZIP CODE]

Opting out of arbitration will not affect the remaining Terms.

67. GOVERNING LAW

These Terms and disputes arising from them are governed by the laws of the State of Texas, without regard to conflict-of-laws principles, except where federal law or mandatory consumer law applies.

Nothing in these Terms deprives a consumer of protections that cannot lawfully be waived.

68. COURT VENUE

For disputes not subject to arbitration and not properly filed in another mandatory venue, the parties consent to exclusive jurisdiction and venue in the state courts located in Harris County, Texas, or the applicable federal court serving Harris County, Texas.

This provision applies only to the extent permitted by law. A consumer may retain any venue right that cannot legally be waived.

69. LIMITATION PERIOD

ATTORNEY-REVIEW PROVISION

To the extent permitted by law, any contractual claim arising from an order or service must be brought within one year after the claim accrues.

This contractual period does not apply when a longer period cannot lawfully be shortened, including claims governed by nonwaivable consumer-protection law.

Texas counsel should determine whether this section should be retained, revised, or removed.

70. TEXAS CONSUMER RIGHTS

Nothing in these Terms waives or limits rights that cannot be waived under the Texas Deceptive Trade Practices–Consumer Protection Act or other applicable consumer-protection law.

Any disclaimer, limitation, venue provision, arbitration provision, indemnity, or other contractual term applies only to the fullest extent permitted by law.

If a provision conflicts with a nonwaivable consumer right, the nonwaivable right controls.

71. TERMINATION AND SUSPENSION

We may suspend or terminate access to our website or services when reasonably necessary because of:

• Fraud;

• Nonpayment;

• Abuse;

• Threats;

• Harassment;

• Security risk;

• Unlawful activity;

• Intellectual-property concerns;

• Repeated policy violations; or

• Material breach.

Termination does not eliminate obligations that accrued before termination, including payment obligations, intellectual-property rights, dispute provisions, confidentiality obligations, indemnification duties, and lawful limitations of liability.

72. ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without our written consent.

We may assign these Terms in connection with a merger, acquisition, reorganization, financing, sale of assets, change of control, or transfer of the business, subject to applicable law.

73. NO THIRD-PARTY BENEFICIARIES

Except for persons expressly protected under the indemnification, disclaimer, or limitation provisions, these Terms do not create rights in a third party.

74. NO WAIVER

A delay or failure to enforce a provision does not waive the right to enforce it later.

A waiver is effective only when in writing and applies only to the specific circumstance identified.

75. SEVERABILITY

If a court or arbitrator determines that a provision is unlawful or unenforceable, the provision will be enforced to the maximum extent permitted or modified only as much as necessary.

The remaining provisions will remain in effect unless the invalid provision is essential to the agreement and applicable law requires a different result.

76. INTERPRETATION

Headings are for convenience and do not limit meaning.

“Include” and “including” mean “including without limitation.”

The singular includes the plural when appropriate.

These Terms will not be interpreted against a party solely because that party drafted them.

77. ENTIRE AGREEMENT

These Terms, together with incorporated policies and applicable written order documents, constitute the entire agreement concerning the subject matter and supersede prior or contemporaneous discussions concerning that subject matter.

An oral statement does not modify these Terms unless confirmed in a written agreement authorized by us.

78. CHANGES TO THESE TERMS

We may update these Terms periodically.

The updated version will be posted with a revised “Last Updated” date.

Changes apply prospectively unless otherwise stated or required by law. Material changes to an existing paid order will not retroactively alter the accepted order terms without an appropriate legal basis or mutual agreement.

Continued use of the website after updated Terms become effective constitutes acceptance of the updated Terms for future use.

79. CONTACT INFORMATION

Questions about these Terms may be sent to:

Heartcrafted LLC d/b/a The Heartcrafted Shop
Houston, Texas
Email:help@theheartcraftedshop.com
Website: https://theheartcraftedshop.com

For customer-service inquiries, include your order number when available.

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