Terms of Service

Overview

This website is operated by dearthomas. Throughout the site, the terms “we,” “us,” and “our” refer to dearthomas. dearthomas offers this website, including all information, tools, products, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms of Service, including any additional terms, conditions, and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation visitors, browsers, customers, merchants, vendors, and contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services.

Any new features, products, services, tools, or resources added to the current store shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page.

We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted by Shopify Inc. Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you.

Section 1 - Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state of residence and have given us your consent to allow any minor dependents to use this website.

You may not use our products for any illegal or unauthorized purpose. You may not, in the use of the Service, violate any laws in your jurisdiction, including but not limited to copyright, trademark, privacy, and consumer protection laws.

You must not transmit any worms, viruses, malware, 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 Service.

Section 2 - General Conditions

We reserve the right to refuse service to anyone for any reason at any time, to the fullest extent permitted by applicable law.

You understand that your content, not including credit card information, may be transferred unencrypted and may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is 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 express written permission from us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 3 - Accuracy, Completeness, and Timeliness of Information

We make reasonable efforts to provide accurate product and website information. However, we are not responsible if information made available on this website is not accurate, complete, or current.

The material on this website is provided for general information only and should not be relied upon as the sole basis for making decisions. Any reliance on material on this website is at your own risk.

This website may contain certain historical information. Historical information is not current and is provided for reference only.

We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our site unless required by law. You agree that it is your responsibility to monitor changes to our website.

Section 4 - Modifications to the Service and Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify, suspend, or discontinue the Service, or any part or content thereof, without notice.

We shall not be liable to you or to 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 products or services may have limited quantities and are subject to return, replacement, refund, or resolution only according to our Return & Resolution Policy.

We have made every effort to display as accurately as possible the colors, images, materials, textures, and details of our products that appear on the website. However, we cannot guarantee that your device or monitor’s display of any color or product detail will be accurate.

dearthomas products may include delicate fabrics, handcrafted details, lace, tulle, bows, rhinestones, trims, decorative stitching, and other refined design elements. Due to the nature of handmade pet apparel, slight variations may occur, including minor loose threads, slight stitching irregularities, subtle differences in trim or embellishment placement, gentle asymmetry, or heat-finished edges used to help reduce fraying on delicate fabrics. These small variations are not considered defects when they do not affect comfort, structure, overall appearance, or normal wearability.

Some styles may include collars, neck trims, mock necks, or high-neck designs. Customers are responsible for reviewing product descriptions, size guides, and neck measurements before purchasing. Pet sizing may vary by breed, body shape, coat thickness, neck shape, and fit preference.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis.

We reserve the right to limit the quantities of any products or services that we offer. All product descriptions, product availability, product pricing, promotions, and offers are subject to change at any time without notice, at our sole discretion.

We reserve the right to discontinue any product at any time. Any offer for any product or service made on this website is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will fully meet your expectations, or that any errors in the Service will be corrected.

Section 6 - Pet Apparel Use and Customer Responsibility

dearthomas products are intended for pet apparel and styling purposes only.

Customers are responsible for selecting the appropriate size based on the size guide, product description, and the dog’s measurements, including chest circumference, neck circumference, back length, and weight.

A garment should never feel tight, restrictive, or uncomfortable around a pet’s neck, chest, legs, or body. If an item appears uncomfortable, restrictive, damaged, or unsafe for your pet to wear, please discontinue use.

Pet apparel should be used under appropriate supervision. Customers are responsible for monitoring their pets while wearing any clothing, accessory, decorative item, or complimentary accessory.

Some orders may include complimentary accessories or spare parts, such as small buttons. Please open and handle any small-button packaging in a place your dog cannot reach. Small buttons and tiny accessories should be kept away from pets and children when not in use.

dearthomas is not responsible for damage caused by chewing, scratching, pulling, rough play, improper use, improper washing, improper drying, alteration after delivery, or failure to supervise a pet while wearing or interacting with an item.

Section 7 - Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us.

We may, in our sole discretion, limit or cancel quantities purchased per person, per household, per order, per account, per payment method, or per shipping address. These restrictions may include orders placed by or under the same customer account, the same credit card, the same billing address, and/or the same shipping address.

If we make a change to or cancel an order, we may attempt to notify you by contacting the email address, billing address, shipping address, and/or phone number provided at the time the order was placed.

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors, unauthorized sellers, or parties engaged in suspicious or fraudulent activity.

You agree to provide current, complete, and accurate purchase and account information for all purchases made through our website. You agree to promptly update your account and other information, including your email address, shipping address, billing address, and payment information, so that we can complete your transactions and contact you as needed.

For more detail, please review our Return & Resolution Policy.

Section 8 - Shipping, Delivery, and Risk of Loss

Shipping times, delivery estimates, and fulfillment timelines provided on our website are estimates only and are not guaranteed unless expressly stated.

We are not responsible for delays caused by shipping carriers, incorrect addresses, weather, customs, carrier disruptions, holidays, high-volume periods, or events outside our reasonable control.

Customers are responsible for providing a complete and accurate shipping address at checkout. If a package is delayed, lost, returned, or delivered incorrectly due to an incorrect or incomplete address provided by the customer, the customer may be responsible for reshipping costs or related fees.

Once an order has been handed to the shipping carrier, delivery timing and carrier scans may be outside our direct control. We will make reasonable efforts to assist with delivery issues, but shipping claims and resolutions may depend on carrier rules, tracking information, and order circumstances.

Section 9 - Returns, Refunds, Replacements, and Order Resolutions

Returns, refunds, replacements, digital gift cards, courtesy discounts, and other order resolutions are governed by our Return & Resolution Policy.

Because pet apparel may come into contact with fur, odors, outdoor surfaces, and hygiene-related concerns after try-on or use, we generally do not accept traditional returns for items that have been worn, washed, used, or tried on.

Depending on the situation, we may offer a replacement, partial refund to the original payment method, courtesy discount, digital gift card, same-value replacement, or other appropriate resolution.

Digital gift cards are offered only when appropriate and will not be used as a mandatory substitute for a refund when a refund is required.

Please do not send any item back without contacting us first and receiving return authorization. Unauthorized returns may not be accepted.

Section 10 - Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available,” without any warranties, representations, or conditions of any kind and without any endorsement.

We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the website is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms provided by the relevant third-party provider.

We may also, in the future, offer new services, tools, resources, or features through the website. Such new features and services shall also be subject to these Terms of Service.

Section 11 - Third-Party Links

Certain content, products, and services available through our Service may include materials from third parties.

Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content, accuracy, policies, or practices of third-party websites.

We do not warrant and will not have any liability or responsibility for any third-party materials, websites, products, services, or transactions.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or other transactions made in connection with third-party websites.

Please review third-party policies and practices carefully before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.

Section 12 - User Comments, Feedback, Reviews, and Other Submissions

If, at our request, you send certain submissions, such as contest entries, reviews, photos, videos, feedback, testimonials, or other materials, or if without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by social media, by postal mail, or otherwise, you agree that we may use, edit, copy, publish, distribute, translate, and otherwise use such submissions in any medium, subject to applicable law and any permissions required.

We are and shall be under no obligation to maintain any comments in confidence, to pay compensation for any comments, or to respond to any comments.

We may, but have no obligation to, monitor, edit, or remove content that we determine, in our sole discretion, is unlawful, offensive, threatening, defamatory, obscene, abusive, misleading, harmful, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service.

You agree that your comments, reviews, photos, videos, or submissions will not violate any right of any third party, including copyright, trademark, privacy, publicity, personality, or other personal or proprietary rights.

You further agree that your submissions will not contain unlawful, abusive, obscene, threatening, defamatory, false, misleading, or otherwise objectionable material, or any computer virus, malware, or other harmful code.

You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties regarding the origin of any comments or submissions.

You are solely responsible for any comments, reviews, photos, videos, or submissions you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

Section 13 - Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

Please review our Privacy Policy for more information about how we collect, use, disclose, retain, and protect personal information.

Section 14 - Errors, Inaccuracies, and Omissions

Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies, or omissions. These may relate to product descriptions, product images, product details, pricing, promotions, offers, shipping charges, delivery estimates, transit times, product availability, inventory, or order information.

We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice, including after you have submitted your order.

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including pricing information, except as required by law.

No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 15 - Prohibited Uses

In addition to other prohibitions set forth in these Terms of Service, you are prohibited from using the website or its content:

For any unlawful purpose
To solicit others to perform or participate in unlawful acts
To violate any international, federal, state, or local laws, rules, regulations, or ordinances
To infringe upon or violate our intellectual property rights or the intellectual property rights of others
To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or any legally protected status
To submit false or misleading information
To upload or transmit viruses, malware, or any other type of malicious code
To collect or track the personal information of others
To spam, phish, pharm, pretext, spider, crawl, scrape, or engage in similar activity
For any obscene, harmful, abusive, fraudulent, or immoral purpose
To interfere with or circumvent the security features of the Service, any related website, other websites, or the internet
To impersonate any person or entity
To engage in fraudulent transactions, unauthorized resale, or abuse of promotions, discount codes, refunds, returns, or order resolution processes
We reserve the right to terminate your use of the Service or any related website for violating any prohibited uses.

Section 16 - Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk.

The Service and all products and services delivered to you through the Service are, except as expressly stated by us, provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

To the fullest extent permitted by applicable law, in no case shall dearthomas, our owners, directors, officers, employees, affiliates, agents, contractors, 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 without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether based in contract, tort, negligence, strict liability, or otherwise, arising from your use of the Service or any products procured using the Service.

Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Nothing in these Terms is intended to limit any rights you may have under applicable consumer protection laws that cannot be waived.

Section 17 - Indemnification

You agree to indemnify, defend, and hold harmless dearthomas and our owners, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, 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 of Service or the documents they incorporate by reference, your violation of any law, or your violation of the rights of a third party.

Section 18 - Severability

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law.

The unenforceable portion shall be deemed severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any remaining provisions.

Section 19 - Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us.

You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our website.

If, in our sole judgment, you fail or we suspect that you have failed to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our Services or any part thereof.

Section 20 - Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this website or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service.

These Terms supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including but not limited to any prior versions of the Terms of Service.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 21 - Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States and the applicable laws of the state in which dearthomas operates, without regard to conflict of law principles.

Nothing in these Terms limits any mandatory consumer protection rights that may apply under the laws of your state of residence.

Section 22 - Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website.

It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.