Terms of Service

1. Overview

This website and store are operated under the name The Bird Habit by Flarko LLC (“The Bird Habit,” “we,” “us,” or “our”). These Terms govern your use of our website, products, checkout, accounts, communications, and related services (the “Services”). Shopify provides the ecommerce platform used to offer the Services.

By using the Services or placing an order, you agree to these Terms and the policies linked from this website. If you do not agree, do not use the Services.

2. Eligibility and lawful use

You must be the age of majority in your jurisdiction, or use the Services with the permission and supervision of a parent or guardian. You may not use the Services for unlawful, fraudulent, abusive, infringing, or unauthorized purposes, or interfere with the security or operation of the website.

3. Store information and availability

We try to keep product descriptions, images, prices, availability, and other information accurate. Screen settings and production methods can cause reasonable color or placement variations. We may correct errors, update information, limit quantities, refuse service, or discontinue products at any time, subject to applicable law.

4. Orders

An order is an offer to purchase. We may accept, reject, limit, or cancel an order because of availability, suspected fraud, pricing or listing errors, delivery restrictions, or payment issues. If we cancel after payment, we will refund the canceled amount. You are responsible for accurate billing, contact, and delivery information.

5. Prices, taxes, and payment

Prices may change without notice. Applicable taxes, shipping, duties, and other charges are displayed at checkout when known. Payments are processed by Shopify and enabled third-party payment providers; we do not directly store full payment-card details. Available payment methods may vary by location and device.

6. Shipping, returns, and refunds

Shipping estimates are not guarantees. Our Shipping Policy and Refund Policy form part of these Terms.

7. Products and care

Product materials, blank-garment details, print method, care instructions, sizing source, and fulfillment information are disclosed on the product page or Materials & Fulfillment page. Follow the care instructions supplied with the product.

8. Accounts and communications

You are responsible for maintaining the confidentiality of account credentials and for activity under your account. Transactional communications may be sent as necessary to process an order. Marketing communications are optional and can be unsubscribed from using the method provided in the message.

9. Intellectual property

The website design, brand assets, original bird artwork, product designs, photographs, text, and other content are owned by or licensed to The Bird Habit and protected by applicable law. You may use the website only for personal, non-commercial shopping purposes and may not reproduce or exploit content without written permission.

10. Reviews and user content

If you submit a review, image, feedback, or other content, you confirm that you have the right to submit it and that it is truthful, lawful, and non-infringing. You grant us a non-exclusive, worldwide, royalty-free license to use and display that content in connection with the Services. We may moderate content where permitted by law.

11. Third-party services and links

The Services may use or link to third-party platforms, carriers, payment providers, and applications. Their services are governed by their own terms and privacy notices.

12. Privacy

Our Privacy Policy explains how personal information is collected, used, and disclosed.

13. Disclaimers and limitation of liability

To the maximum extent permitted by law, the Services are provided “as available” without warranties beyond those expressly stated or legally required. The Bird Habit and its service providers will not be liable for indirect, incidental, special, consequential, or punitive damages. Nothing in these Terms excludes liability or consumer rights that cannot legally be excluded.

14. Severability, waiver, and entire agreement

If a provision is unenforceable, the remaining provisions remain effective. A failure to enforce a provision is not a waiver. These Terms and the linked policies form the entire agreement concerning the Services.

15. Governing law and disputes

These Terms are governed by the laws of Wyoming, United States, except where applicable consumer law requires otherwise.

16. Changes

We may update these Terms by posting a revised version and changing the “Last updated” date. Changes apply prospectively unless applicable law requires otherwise.

17. Contact

Flarko LLC, doing business as The Bird Habit
Wyoming Filing ID: 2023-001334611
1910 Thomes Ave, Cheyenne, WY 82001, USA
Email: support@thebirdhabit.com