These Terms of Service (“Terms”) govern your access to and use of ozarksleather.com (the “Site”) and your purchase of products from Media Bird LLC, doing business as Ozarks Leather (“Ozarks Leather,” “we,” “us,” or “our”). Please read these Terms carefully before using the Site or placing an order. By accessing the Site or placing an order, you agree to be bound by these Terms, our Privacy Policy, and our Shipping & Returns Policy, each of which is incorporated herein by reference. If you do not agree to these Terms, you may not use the Site or purchase products from us.
1. Eligibility
You must be at least eighteen (18) years of age, or the age of majority in your jurisdiction, to purchase products from the Site. By placing an order, you represent that you meet this requirement and that all information you provide is accurate, current, and complete. We sell and ship products only to addresses within the United States.
2. Products
Our products are handmade from natural vegetable-tanned leather. Variations in grain, color, texture, and markings are inherent characteristics of natural leather and are not defects. Vegetable-tanned leather darkens over time with exposure to light, oils, and handling. Product dimensions are approximate, and colors may appear differently depending on your display. Product images are provided for illustrative purposes, and the product you receive may differ in minor respects from the images shown.
3. Pricing and Taxes
All prices are listed in United States dollars and include standard shipping within the United States. Applicable sales tax will be calculated and added at checkout for orders shipped to jurisdictions in which we are required to collect it. We reserve the right to change prices at any time without notice; however, price changes will not affect orders that have already been accepted. In the event of a pricing or typographical error, we reserve the right to cancel any order placed at the incorrect price, whether or not the order has been confirmed, and to issue a full refund of any amount charged.
4. Orders and Payment
Your submission of an order constitutes an offer to purchase the products in your order. We reserve the right to accept or decline any order for any reason, including product unavailability, errors in product or pricing information, suspected fraud, or a shipping address outside the United States. An order is accepted only when we send you an order confirmation by email. Payment is due in full at the time of order and is processed by our third-party payment processor, Stripe. By providing payment information, you represent that you are authorized to use the payment method and you authorize us to charge the total order amount, including applicable taxes, to that payment method.
5. Custom and Bulk Orders
Custom, personalized, and bulk orders are quoted individually and are subject to separate written confirmation of specifications, quantities, pricing, and timing. Production begins upon your approval of the proof and receipt of payment. Because custom and personalized products are made to your specifications, they are final sale and may not be returned or exchanged except as provided in Section 7 for products that arrive damaged or that materially differ from the approved proof. By submitting artwork, logos, or other content for a custom order, you represent and warrant that you own or have the necessary rights to use such content and that its use will not infringe the rights of any third party, and you grant us a license to reproduce the content for the purpose of fulfilling your order.
6. Shipping and Delivery
Orders are shipped via United States Postal Service First-Class Mail as nonmachinable letter mail, and shipping is included in the purchase price. This service does not provide tracking. We will notify you by email when your order has been shipped. Delivery times are estimates provided by the carrier and are not guaranteed. Risk of loss and title for products pass to you upon our delivery of the products to the carrier; however, if your order has not arrived within twenty-one (21) days of our shipping notification, please contact us and we will work with you to replace the order or issue a refund. We are not responsible for delays or non-delivery resulting from an incorrect or incomplete shipping address provided by you. Additional terms are set out in our Shipping & Returns Policy.
7. Returns, Exchanges, and Refunds
Products may be returned within sixty (60) days of delivery for a refund or exchange, provided they are unused and in the condition in which they were received. Products that have been sewn, glued, pressed, or otherwise attached or altered are not eligible for return. To initiate a return, contact us at ozarksleatherstore@gmail.com with your order number to receive return instructions. Return shipping costs are the responsibility of the customer unless the return results from our error. Refunds are issued to the original method of payment after the returned product is received and inspected. If a product arrives damaged or is not the product you ordered, notify us within seven (7) days of delivery, including a photograph of the product, and we will replace it at no cost to you. Custom and personalized products are subject to Section 5.
8. Intellectual Property
The Site and all content on it, including text, graphics, logos, product designs, artwork, photographs, and software, are the property of Media Bird LLC or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws. The Ozarks Leather name and logo are trademarks of Media Bird LLC. You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any content on the Site, or reproduce our product designs on any goods, without our prior written consent. Nothing in these Terms grants you any license or right in or to our intellectual property except as expressly stated.
9. User Accounts
You may be required to create an account to access certain features of the Site. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to suspend or terminate your account at our discretion, including for any violation of these Terms.
10. Prohibited Uses
You agree not to use the Site: (a) for any unlawful purpose or in violation of any applicable law or regulation; (b) to place fraudulent orders or to use any payment method you are not authorized to use; (c) to infringe the intellectual property or other rights of any person; (d) to transmit any virus, malware, or other harmful code; (e) to interfere with or disrupt the operation or security of the Site; (f) to collect or harvest information from the Site by automated means, including scraping; or (g) to submit any content that is unlawful, defamatory, obscene, or otherwise objectionable. We reserve the right to remove content and to restrict or terminate access to the Site for any user who violates these Terms.
11. Disclaimer of Warranties
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SITE AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MEDIA BIRD LLC, ITS MEMBERS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE OR THE PURCHASE OR USE OF ANY PRODUCT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR ANY ORDER SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. Indemnification
You agree to indemnify, defend, and hold harmless Media Bird LLC and its members, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your violation of these Terms, your use of the Site, or any content or artwork you submit to us.
14. Governing Law and Dispute Resolution
These Terms and any dispute arising out of or relating to them, the Site, or any purchase shall be governed by the laws of the State of Missouri, without regard to its conflict-of-law principles. You agree that any such dispute shall be brought exclusively in the state or federal courts located in the State of Missouri, and you consent to the personal jurisdiction of those courts. Before initiating any formal proceeding, you agree to contact us at ozarksleatherstore@gmail.com and to make a good-faith effort to resolve the dispute informally. Nothing in this Section limits any non-waivable rights you may have as a consumer under the laws of your state of residence.
15. Severability and Waiver
If any provision of these Terms is held to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
16. Entire Agreement
These Terms, together with the Privacy Policy, the Shipping & Returns Policy, and any written confirmation of a custom order, constitute the entire agreement between you and Media Bird LLC with respect to the Site and your purchases, and supersede all prior or contemporaneous communications and proposals.
17. Modifications
We reserve the right to modify these Terms at any time. Changes will be effective upon posting of the revised Terms on the Site with an updated Effective Date. The Terms in effect at the time you place an order will govern that order. Your continued use of the Site after any changes constitutes your acceptance of the revised Terms.
18. Contact Us
Questions about these Terms may be directed to:
Ozarks Leather
Media Bird LLC
Missouri, United States
Email: ozarksleatherstore@gmail.com