Terms of service

OVERVIEW

Welcome to BRAKESTONE. Throughout these Terms of Service, “BRAKESTONE,” “we,” “us,” and “our” refer to the store and website at brakestoneusa.com.

BRAKESTONE provides this website, together with its associated content, information, features, tools, products, and services, to offer customers a curated online shopping experience. Collectively, these are referred to as the “Services.” Our store is hosted and supported by Shopify, which provides the ecommerce platform that allows us to make the Services available.

These Terms of Service, along with any policies referenced or linked below, explain the conditions that apply when you access or use the Services, as well as the respective rights and responsibilities of you and BRAKESTONE.

Please review these Terms carefully. They contain important legal provisions, including disclaimers of warranties and limitations on our liability.

By visiting our website, interacting with the store, placing an order, or otherwise using the Services, you confirm that you accept these Terms of Service and our Privacy Policy. If you do not agree with these Terms or the Privacy Policy, you must discontinue your use of the Services.

SECTION 1 — ELIGIBILITY, ACCESS, AND ACCOUNTS

By accepting these Terms, you confirm that you have reached the legal age of majority in your state or province of residence. You also confirm that you authorize any minor dependents under your care to access the Services using devices that you own, purchase, or manage.

Certain parts of the Services—including browsing our store, creating an account, or completing a purchase—may require you to provide information such as your email address, billing details, payment information, and shipping address. You confirm that all information you submit is accurate, complete, current, and that you have the legal right to provide it.

You are responsible for protecting your login credentials and for all activity performed through your account. Accounts may not be sold, transferred, assigned, licensed, or otherwise made available to another person.

SECTION 2 — PRODUCTS AND PRODUCT INFORMATION

We work to present our products and Services as accurately as reasonably possible. However, colors, textures, proportions, and other visual details may appear differently depending on your screen, device, browser, display settings, and configuration.

We do not guarantee that a product’s appearance or perceived quality will exactly match its online photography, mockup, rendering, or your individual expectations.

Product descriptions and other store information may be revised at any time without prior notice. We may discontinue products, restrict their availability, or limit the quantity offered to a particular customer, geographic area, or jurisdiction at our discretion.

SECTION 3 — ORDERS

Submitting an order constitutes an offer to purchase the products in your cart. BRAKESTONE may accept or reject an order for any reason, subject to applicable law. An order is not considered accepted until we send confirmation of our acceptance, and payment must be received and processed before acceptance can occur.

Please verify your order details carefully before submitting your purchase. Once an order has been accepted, we may not be able to change or cancel it.

If we reject, modify, or cancel an order, we will make a reasonable effort to notify you using the email address, billing address, and/or phone number supplied with the order, when available.

Returns, exchanges, and refunds are handled exclusively under our Refund Policy.

By purchasing from BRAKESTONE, you confirm that the products are intended for your personal or household use and are not being purchased for commercial resale or export.

SECTION 4 — PRICING, PROMOTIONS, AND BILLING

Product prices, discounts, and promotional offers may be changed or withdrawn without advance notice. The amount charged for an item will be the price displayed when your order is placed and will appear in your order confirmation.

Unless expressly indicated otherwise, listed prices do not include applicable taxes, shipping fees, handling charges, customs duties, or import costs.

Prices shown through the Services may differ from those offered through physical locations, marketplaces, or other stores operated by third parties.

BRAKESTONE may run promotions that are subject to additional or separate terms. If promotional terms conflict with these Terms of Service, the terms specific to that promotion will control.

You agree to provide accurate, current, and complete purchase, payment, and account information. You must promptly update information such as your email address, payment card number, and expiration date so we can process transactions and contact you when necessary.

When providing payment card information, you confirm that:

  1. The information is truthful, accurate, and complete.

  2. You are authorized to use the payment method.

  3. The payment provider will honor the submitted charges.

  4. You will pay the displayed purchase price together with applicable taxes, shipping, and handling charges.

SECTION 5 — SHIPPING AND DELIVERY

Shipping and delivery dates are estimates and are not guaranteed. BRAKESTONE is not responsible for delays resulting from carriers, customs procedures, weather conditions, or other circumstances outside our reasonable control.

To the fullest extent permitted by applicable law, ownership and risk of loss transfer to you once the shipment has been handed over to the carrier.

SECTION 6 — INTELLECTUAL PROPERTY

The Services and their contents—including trademarks, brand elements, written copy, page displays, photographs, graphics, product reviews, video, audio, design elements, and their selection and arrangement—are owned by BRAKESTONE, its affiliates, or its licensors.

These materials may be protected by copyright, trademark, patent, and other intellectual property laws in the United States and other countries.

You may use the Services only for personal and noncommercial purposes. Unless we provide prior written authorization, you may not reproduce, copy, distribute, alter, create derivative works from, publicly display or perform, republish, download, store, or transmit materials obtained through the Services.

Nothing in these Terms transfers or grants you a license under any trademark, copyright, patent, or other intellectual property belonging to BRAKESTONE, Shopify, or another party, except where expressly stated. Unauthorized use may violate federal, state, or other applicable intellectual property laws. All rights not expressly granted remain reserved.

BRAKESTONE names, logos, product names, service names, designs, and slogans are trademarks or protected brand assets of BRAKESTONE, its affiliates, or its licensors and may not be used without prior written approval.

Shopify’s name, logo, product names, service names, designs, and slogans belong to Shopify. All other trademarks appearing through the Services remain the property of their respective owners.

SECTION 7 — OPTIONAL AND THIRD-PARTY TOOLS

The Services may give you access to tools or functionality supplied by third parties. BRAKESTONE may not monitor, manage, or exercise control over those tools.

Access to third-party tools is made available on an “as is” and “as available” basis, without warranties, representations, conditions, or endorsements of any kind. BRAKESTONE accepts no liability arising from or connected with your use of such tools.

Your use of optional third-party tools is entirely at your own discretion and risk. Before using them, you should review and accept the terms imposed by the applicable provider.

We may introduce additional features, tools, and resources in the future. Any such additions will form part of the Services and will also be governed by these Terms.

SECTION 8 — THIRD-PARTY CONTENT AND LINKS

The Services may display content, links, materials, or embedded functionality provided or operated by third parties.

BRAKESTONE is not responsible for reviewing or verifying the accuracy, completeness, legality, or quality of third-party websites or materials. If you leave our Services or interact with an external platform, you do so at your own risk.

We are not liable for damage or loss connected with your access to a third-party website or your purchase or use of third-party products, services, resources, or content.

Review the policies, terms, and practices of any third party before completing a transaction. Questions, disputes, complaints, or claims relating to third-party products or services should be submitted directly to that third party.

SECTION 9 — OUR RELATIONSHIP WITH SHOPIFY

Shopify provides the ecommerce infrastructure that enables BRAKESTONE to operate the Services. Nevertheless, purchases made through our store are transactions entered into directly between you and BRAKESTONE.

Shopify is not responsible for sales conducted between you and BRAKESTONE or for injuries, losses, or damages associated with products or services purchased from us.

By using the Services, you release Shopify and its affiliates from claims, liabilities, and damages arising from or relating to your purchases and transactions with BRAKESTONE, to the extent permitted by applicable law.

SECTION 10 — PRIVACY

Personal information collected through the Services is handled in accordance with our Privacy Policy. Certain information may also be processed under the Shopify Consumer Privacy Policy.

By accessing or using the Services, you acknowledge that you have reviewed these privacy policies.

Because Shopify hosts the Services, Shopify collects and processes information concerning your access to and use of the store to operate, support, and improve the Services.

Information submitted through the Services may be transmitted to Shopify and other service providers, including parties located outside your state, province, or country of residence. Our Privacy Policy provides further information about how BRAKESTONE, Shopify, and our partners collect and use personal information.

SECTION 11 — REVIEWS, IDEAS, AND OTHER FEEDBACK

If you submit, upload, publish, post, email, or otherwise provide reviews, comments, ideas, suggestions, proposals, plans, or other materials to us, those materials will collectively be referred to as “Feedback.”

By providing Feedback, you grant BRAKESTONE a perpetual, worldwide, sublicensable, and royalty-free license to use, copy, reproduce, adapt, modify, publish, distribute, and display that Feedback through any medium and for any lawful purpose, including commercial purposes.

We may use these rights to operate, provide, assess, develop, improve, and promote the Services and to exercise our rights or fulfill our responsibilities under these Terms.

You confirm that:

  1. You own the Feedback or have all permissions necessary to submit and license it.

  2. You have disclosed any payment, incentive, or other compensation received in connection with the Feedback.

  3. The Feedback complies with these Terms.

We are not required to keep Feedback confidential, compensate you for it, or respond to it.

BRAKESTONE may, but is not obligated to, review, edit, or remove Feedback that we believe is illegal, offensive, threatening, defamatory, libelous, pornographic, obscene, otherwise objectionable, infringing, or inconsistent with these Terms.

Your Feedback must not violate any third party’s copyright, trademark, privacy, publicity, personality, personal, proprietary, or other rights. It must not contain unlawful, defamatory, abusive, obscene, or libelous material, viruses, malware, or other harmful code.

You may not submit Feedback using a false email address, impersonate another person, or misrepresent the source of the submission. You remain solely responsible for the Feedback you provide and for its accuracy. BRAKESTONE assumes no responsibility or liability for Feedback submitted by you or any third party.

SECTION 12 — ERRORS AND CORRECTIONS

From time to time, the Services may contain typographical mistakes, inaccurate information, or omissions relating to product descriptions, pricing, discounts, promotions, offers, shipping charges, estimated transit times, or availability.

BRAKESTONE may correct errors, revise or update information, or cancel affected orders at any time and without prior notice, including after an order has been submitted.

SECTION 13 — PROHIBITED ACTIVITIES

The Services may be accessed and used only for lawful purposes.

You may not use the Services, directly or indirectly:

  1. For an unlawful, fraudulent, or malicious purpose.

  2. To violate any local, state, provincial, federal, international, or other applicable law, regulation, rule, or ordinance.

  3. To infringe or violate our intellectual property rights or those of another party.

  4. To harass, threaten, abuse, insult, injure, intimidate, defame, slander, or disparage any person, including our employees.

  5. To communicate false or misleading information.

  6. To upload, download, send, receive, use, or reuse material that does not comply with these Terms.

  7. To distribute unsolicited advertising or promotional communications, including spam, junk mail, chain letters, or similar solicitations.

  8. To impersonate another individual, company, or organization.

  9. To engage in behavior that interferes with another person’s access to or enjoyment of the Services or that, in our judgment, could harm BRAKESTONE, Shopify, the Services, their users, or expose any of them to liability.

You also agree not to:

  1. Upload or transmit viruses, malware, or other code that could affect the operation or functionality of the Services.

  2. Reproduce, duplicate, copy, sell, resell, or commercially exploit any part of the Services.

  3. Collect or monitor another person’s personal information.

  4. Spam, phish, pharm, pretext, spider, crawl, scrape, or use similar data-collection methods.

  5. Interfere with or bypass security features belonging to the Services, a related website, another website, or the internet.

If we determine that you have violated these Terms, we may suspend, disable, or terminate your account or access without advance notice.

SECTION 14 — TERMINATION

BRAKESTONE may terminate these Terms or discontinue your access to all or part of the Services at any time and without notice, subject to applicable law. You will remain responsible for any amounts incurred or owed through the termination date.

Any provisions that are intended by their nature to remain effective after termination will survive. These include, without limitation, provisions concerning Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, and Privacy.

SECTION 15 — DISCLAIMER OF WARRANTIES

Information presented through the Services is supplied for general informational purposes. BRAKESTONE does not guarantee its accuracy, completeness, reliability, or usefulness.

Any reliance you place on information available through the Services is at your own risk. To the extent permitted by law, we disclaim responsibility for reliance on such information by you, another visitor, or anyone who becomes aware of its contents.

EXCEPT FOR WARRANTIES EXPRESSLY PROVIDED BY BRAKESTONE OR RIGHTS THAT CANNOT LAWFULLY BE EXCLUDED, THE SERVICES AND ALL PRODUCTS MADE AVAILABLE THROUGH THEM ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

BRAKESTONE MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR CONDITIONS, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, OR NON-INFRINGEMENT.

WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERRORS.

SOME JURISDICTIONS DO NOT PERMIT OR LIMIT THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. IN THOSE JURISDICTIONS, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

SECTION 16 — LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRAKESTONE, ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS, AS WELL AS SHOPIFY AND ITS AFFILIATES, WILL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES.

THIS EXCLUSION INCLUDES, WITHOUT LIMITATION, LOST PROFITS, REVENUE, SAVINGS, OR DATA; REPLACEMENT COSTS; AND OTHER SIMILAR LOSSES, REGARDLESS OF WHETHER THE CLAIM IS BASED ON CONTRACT, TORT—INCLUDING NEGLIGENCE—STRICT LIABILITY, OR ANOTHER LEGAL THEORY.

THIS LIMITATION APPLIES TO DAMAGES ARISING FROM OR CONNECTED WITH YOUR USE OF THE SERVICES, PRODUCTS OBTAINED THROUGH THE SERVICES, ERRORS OR OMISSIONS IN CONTENT, OR LOSS OR DAMAGE RESULTING FROM CONTENT OR PRODUCTS POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF THE POSSIBILITY OF SUCH DAMAGES WAS DISCLOSED.

SECTION 17 — INDEMNIFICATION

You agree to indemnify, defend, and hold harmless BRAKESTONE, Shopify, and their respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims, liabilities, damages, losses, and reasonable attorneys’ fees arising from:

  1. Your violation of these Terms or any document incorporated into them.

  2. Your violation of a law or another party’s rights.

  3. Your access to or use of the Services.

We will provide notice of an indemnifiable claim. A delay in providing notice will relieve you of your obligations only to the extent that the delay materially prejudices your ability to respond.

BRAKESTONE may control the defense and settlement of the claim at your expense, including the selection of counsel. We will not agree to a settlement that imposes a nonmonetary obligation on you without your consent, which may not be unreasonably withheld.

You agree to reasonably cooperate in the defense of an indemnified claim, including by providing relevant information and documents.

SECTION 18 — SEVERABILITY

If a provision of these Terms is found to be unlawful, invalid, void, or unenforceable, it will remain enforceable to the maximum extent permitted by law.

Any portion that cannot be enforced will be treated as severed from these Terms without affecting the validity or enforceability of the remaining provisions.

SECTION 19 — WAIVER AND ENTIRE AGREEMENT

Our failure to exercise or enforce a provision or right under these Terms does not waive that provision or right.

These Terms, together with the policies and operating rules published through the Services, constitute the complete agreement between you and BRAKESTONE concerning your use of the Services.

They replace all prior or contemporaneous proposals, discussions, representations, communications, and agreements, whether oral or written, including previous versions of these Terms.

Any ambiguity in these Terms will not automatically be interpreted against the party that drafted them.

SECTION 20 — ASSIGNMENT

You may not assign, delegate, or transfer these Terms—or any rights or obligations arising from them—without our prior written consent. Any attempted assignment or transfer made without that consent will be void.

BRAKESTONE may assign, transfer, or delegate these Terms and its associated rights and obligations without obtaining your consent or providing advance notice, subject to applicable law.

SECTION 21 — GOVERNING LAW AND JURISDICTION

These Terms and any separate agreement under which BRAKESTONE provides Services will be governed by and interpreted under the laws applicable in Wyoming, United States, without regard to conflict-of-law principles.

Subject to any mandatory consumer protection rights that apply to you, you and BRAKESTONE consent to personal jurisdiction and venue in the appropriate state, territorial, or federal courts located in Wyoming, United States.

SECTION 22 — SECTION HEADINGS

Headings are included only to make these Terms easier to navigate. They do not alter, restrict, expand, or otherwise affect the meaning of any provision.

SECTION 23 — CHANGES TO THESE TERMS

The current version of these Terms of Service will remain available on this page.

BRAKESTONE may revise, update, or replace any part of these Terms by publishing an updated version through the website. You are responsible for reviewing the page periodically.

When required by applicable law, we will provide notice of material changes. Such changes will take effect on the date stated in the applicable notice.

Your continued access to or use of the Services after revised Terms become effective constitutes your acceptance of those changes.

SECTION 24 — CONTACT INFORMATION

Questions concerning these Terms of Service may be submitted to: contact@brakestoneusa.com