-----
Birdwell Beach Britches – Terms of Service
Last Updated July 2, 2025
This website is operated by Triple B Holdings LLC d/b/a Birdwell Beach Britches (“Birdwell,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of birdwell.com and any related mobile sites, applications, or services that link to these Terms (collectively, the “Site”). By visiting the Site or purchasing from us, you agree to be bound by these Terms and by all policies referenced herein—including our Privacy Policy, Return Policy, and any additional terms posted on the Site. If you do not agree, you may not use the Site or the Service.
Any new features or tools added to the current store are also subject to these Terms. We may revise the Terms at any time by posting updates on this page; continued use of the Site after changes constitutes acceptance. Our store is hosted on Shopify Inc., which provides the e-commerce platform that allows us to sell our products and services to you.
Section 1 – Online Store Terms
By agreeing to these Terms you represent that you are at least the age of majority in your jurisdiction, or that you have given us consent to allow any minor dependents to use this Site. You may not use our products for any unlawful purpose nor violate any applicable laws (including copyright laws). You must not transmit worms, viruses, or other destructive code. A breach of the Terms will result in immediate termination of Service.
Section 2 – General Conditions
We reserve the right to refuse Service to anyone for any reason at any time. Content you submit (excluding credit-card data) may be transferred unencrypted and adapted to technical requirements; credit-card data is always encrypted during transfer. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our written permission. Section headings are for convenience only.
Section 3 – Accuracy, Completeness & Timeliness of Information
Material on this Site is provided for general information and should not be relied upon without consulting primary, more accurate, or more timely sources. Historical information may not be current. We may modify content at any time but have no obligation to update it. You agree it is your responsibility to monitor Site changes.
Section 4 – Modifications to Service & Prices
Product prices are subject to change without notice. We may modify or discontinue the Service (or any part of it) at any time without notice and shall not be liable for any such modification, price change, suspension, or discontinuance.
Section 5 – Products or Services
Certain products or services may be available exclusively online and in limited quantities and are subject to our Return Policy. We strive to display product colors and images accurately but cannot guarantee your device’s display. We reserve the right to limit sales to any person, region, or jurisdiction, to limit quantities, to change descriptions or pricing, and to discontinue any product or Service at any time. We do not warrant that products, services, or information will meet your expectations or that errors will be corrected.
Section 6 – Accuracy of Billing & Account Information
We reserve the right to refuse any order. We may limit or cancel quantities per person, household, or order and may attempt to notify you via the contact information you provided. You agree to provide current, complete, and accurate purchase and account information and to update it promptly.
Section 7 – Optional Tools
We may provide access to third-party tools “as-is” without warranties or endorsement and shall have no liability arising from your use of optional tools. Any future features or services will also be subject to these Terms.
Section 8 – Third-Party Links
Third-party links on the Site may direct you to external websites we do not control. We are not responsible for examining or evaluating the content or accuracy of third-party sites and disclaim any liability for third-party materials, products, or services. Review third-party policies before engaging in transactions.
Section 9 – User Comments, Feedback & Other Submissions
If you send us comments—whether at our request or voluntarily—you grant Birdwell a perpetual, worldwide, royalty-free right to edit, copy, publish, translate, and otherwise use them in any medium without restriction. We may monitor, edit, or remove content we deem unlawful or in violation of these Terms. You warrant that your comments do not violate any third-party rights or contain unlawful or harmful material.
Section 10 – Personal Information
Your submission of personal information through the Site is governed by our Privacy Policy.
Section 11 – Errors, Inaccuracies & Omissions
We reserve the right to correct errors, inaccuracies, or omissions and to update or cancel orders if any information in the Service is inaccurate at any time without notice (including after submitting your order).
Section 12 – Prohibited Uses
In addition to other prohibitions listed in these Terms, you may not use the Site or its content for: (a) unlawful purposes; (b) soliciting others to engage in unlawful acts; (c) violating regulations or laws; (d) infringing intellectual-property rights; (e) harassing or discriminating; (f) submitting false information; (g) uploading viruses or malicious code; (h) collecting personal information of others; (i) spamming or phishing; (j) obscene or immoral purposes; or (k) interfering with security features. Violation may result in termination of Service.
Section 13 – Disclaimer of Warranties; Limitation of Liability
Your use of the Service is at your sole risk. The Service and all products delivered through it are provided “as is” and “as available” without representations, warranties, or conditions of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement. To the maximum extent permitted by law, Birdwell and its affiliates will not be liable for any indirect, incidental, punitive, special, or consequential damages, including lost profits, revenue, savings, data, or replacement costs, arising from your use of the Service or any product. In jurisdictions that do not allow such exclusions, our liability is limited to the lesser of one hundred US dollars (US $100) or the amount you paid for the product or Service giving rise to the claim.
Section 14 – Indemnification
You agree to indemnify, defend, and hold harmless Birdwell, its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, suppliers, and employees from any claim or demand, including reasonable attorneys’ fees, arising out of your breach of these Terms or violation of any law or third-party right.
Section 15 – Severability
If any provision of these Terms is held unlawful, void, or unenforceable, that provision is severable and will not affect the validity of remaining provisions.
Section 16 – Termination
These Terms remain effective unless terminated by you or us. You may terminate by notifying us or by ceasing use of the Site. We may terminate or suspend access at any time without notice for violation of these Terms; obligations and liabilities incurred prior to termination survive.
Section 17 – Entire Agreement
These Terms and any policies posted on the Site constitute the entire agreement between you and Birdwell and supersede all prior agreements or communications. Any ambiguities will not be construed against the drafting party.
Section 18 – Governing Law
These Terms and any disputes are governed by the laws of the State of California (without regard to conflict-of-law provisions) and by the Federal Arbitration Act where applicable.
Section 19 – Changes to Terms
You can review the most current version of the Terms at any time on this page. We may update the Terms by posting revisions; your continued use of the Site after changes constitutes acceptance.
Section 20 – Contact Information
Questions about the Terms? Email us at service@birdwell.com
Section 21 – Dispute Resolution & Arbitration; Class-Action Waiver
Most customer concerns can be resolved quickly by emailing service@birdwell.com. In the unlikely event we cannot resolve a dispute informally, you and Birdwell agree that any dispute, claim, or controversy arising out of or related to the Service or these Terms (“Dispute”) shall be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. Judgment on the award may be entered in any court of competent jurisdiction. You and Birdwell waive the right to a jury trial and to participate in class actions; the arbitrator may award relief only to the individual party seeking relief. Either party may seek provisional remedies in aid of arbitration from a court of competent jurisdiction. This section does not apply to claims that may be brought in small-claims court or to petitions for injunctive relief regarding intellectual-property infringement.
Section 22 – Mobile Terms of Service
The Birdwell Beach Britches mobile message service (the “SMS Service”) is operated by Triple B Holdings LLC. By opting in you agree to these Mobile Terms. We may modify or cancel the SMS Service or its features without notice and may revise these Mobile Terms; continued use after changes constitutes acceptance. By consenting, you agree to receive recurring SMS/text messages (order updates, account alerts, promotions) to the mobile number provided—including via automatic dialing technology. Consent is not a purchase condition. Message frequency varies; message and data rates may apply. To opt out, reply STOP or follow instructions in any message; for help, reply HELP or email service@birdwell.com. Carriers are not liable for delayed or undelivered messages. You must provide a valid mobile number and update it if changed. We are not liable for failed, delayed, or misdirected delivery or for errors in information transmitted via the SMS Service. See our Privacy Policy for details on how we collect and use personal information.