Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to The Polished Dog. The terms “we,” “us,” “our,” and “The Polished Dog” refer to Rush Fine Goods LLC, doing business as (“d/b/a”) The Polished Dog.

We operate this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a curated shopping experience (the “Services”). The Polished Dog is powered by Shopify, which enables us to provide the Services to you.

These terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activity associated with your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We make every reasonable effort to accurately represent our products and services. However, colors and product appearance may vary from what appears on your screen due to differences in devices, displays, settings, materials, and manufacturing.

Because some of our products are personalized or made to order, minor variations in placement, appearance, color, pattern, engraving, stitching, or other characteristics may occur and do not necessarily constitute a defect.

All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of products offered to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS AND PERSONALIZATION

When you place an order, you are making an offer to purchase. We reserve the right to accept or decline your order for any lawful reason at our discretion. Your order is not accepted until we confirm acceptance and successfully process your payment.

Please review your order carefully before submitting it. Because many The Polished Dog products are personalized or made to order, production may begin shortly after an order is placed, and we may be unable to accommodate changes or cancellation requests once production has begun.

For personalized products, you are responsible for reviewing and accurately entering all personalization information, including names, telephone numbers, text, sizing selections, colors, patterns, and other requested information. We are not responsible for errors resulting from incorrect information submitted by the customer.

If we do not accept an order, make a material change to an order, or cancel an order, we will attempt to notify you using the email address, billing information, and/or telephone number provided when the order was placed.

Purchases are subject to our Refund Policy.

Nothing in this section limits any rights or remedies expressly provided under our Refund Policy or any satisfaction, craftsmanship, or other guarantee offered by The Polished Dog.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect when the order is placed and will be shown in your order confirmation. Unless otherwise expressly stated, posted prices do not include applicable taxes, shipping, handling, customs duties, or import charges.

Prices offered through our online store may differ from prices offered through third-party marketplaces or other sales channels.

We may offer promotions from time to time that are governed by terms separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion-specific terms will govern.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases.

You represent and warrant that the payment information you provide is true, correct, and complete; that you are authorized to use the applicable payment method; and that charges incurred by you will be honored by your payment provider.

SECTION 5 - SHIPPING AND DELIVERY

All processing, shipping, and delivery times are estimates unless expressly stated otherwise and are not guaranteed.

We are not responsible for delays caused by shipping carriers, weather, customs processing, incorrect or incomplete delivery information provided by the customer, or other events outside our reasonable control.

Customers are responsible for providing a complete and accurate shipping address when placing an order.

If your order arrives damaged or appears to be lost in transit, please contact us promptly at support@thepolisheddog.com so that we can review the circumstances and assist you in accordance with our applicable policies.

Additional shipping terms are described in our Shipping Policy.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, brand names, text, displays, images, graphics, product photography, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned by Rush Fine Goods LLC d/b/a The Polished Dog, its affiliates, or licensors and are protected by applicable U.S. and foreign intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit material from the Services without our prior written consent except as otherwise permitted by law.

Nothing in these Terms grants you any license or other rights under any patent, trademark, copyright, or other intellectual property belonging to The Polished Dog, Shopify, or any third party.

The Polished Dog's names, logos, product and service names, designs, and slogans are trademarks or other intellectual property of Rush Fine Goods LLC d/b/a The Polished Dog or its licensors. You may not use them without prior written permission.

Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing through the Services are the property of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to tools offered by third parties as part of the Services, which we neither monitor nor control.

You acknowledge and agree that we provide access to such tools “as is” and “as available,” without warranties, representations, or conditions of any kind and without endorsement. To the fullest extent permitted by law, we shall have no liability arising from or relating to your use of optional third-party tools.

Your use of optional tools offered through the site is at your own risk and discretion. You should review and understand the terms under which such tools are provided by the applicable third-party provider.

We may also offer new features, tools, and resources through the Services in the future. Such features will be considered part of the Services and will be subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and links to websites provided or operated by third parties, including embedded third-party functionality.

We are not responsible for examining or evaluating the content, accuracy, policies, or practices of third-party websites or services. If you leave our Services to access third-party materials or websites, you do so at your own risk.

We are not liable for harm or damages arising from your access to third-party websites or your purchase or use of products, services, resources, or content offered by third parties.

Please carefully review the applicable third party's policies and practices before engaging in a transaction with that party. Questions or complaints regarding third-party products or services should be directed to the applicable third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

The Polished Dog is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make through our store are made directly with The Polished Dog.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and The Polished Dog, including any injury, damage, or loss resulting from purchased products or services.

To the extent permitted by applicable law, you expressly release Shopify and its affiliates from claims, damages, and liabilities arising from or related to purchases and transactions with The Polished Dog.

SECTION 10 - PRIVACY POLICY

Personal information we collect through the Services is subject to our Privacy Policy.

Certain personal information may also be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have had an opportunity to review the applicable privacy policies.

Because the Services are hosted by Shopify, Shopify may collect and process personal information relating to your access to and use of the Services in order to provide and improve the Services. Information submitted through the Services may be transmitted to Shopify and other service providers, including providers located outside the country in which you reside.

Please review our Privacy Policy for additional information regarding how we and our service providers collect, use, disclose, and protect personal information.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, photographs, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, non-exclusive, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for lawful business purposes, including promoting and improving the Services. You retain ownership of your Feedback.

You represent and warrant that you own or have the necessary rights to the Feedback you submit; that you have disclosed any compensation or incentives received in connection with your Feedback where required by law; and that your Feedback complies with these Terms.

We are under no obligation to maintain Feedback in confidence, compensate you for Feedback, or respond to Feedback.

We may monitor, edit, or remove Feedback that we determine, in our discretion, violates applicable law, another party's rights, or these Terms.

You are solely responsible for the Feedback you submit and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information available through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, personalization options, pricing, promotions, shipping charges, transit times, or availability.

We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders if information is inaccurate, including after an order has been submitted, subject to applicable law.

SECTION 13 - PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not use the Services to violate applicable laws or regulations; infringe our intellectual property rights or the rights of others; harass, threaten, defame, abuse, or harm another person; transmit false or misleading information; distribute spam or malicious software; impersonate another person or entity; scrape or improperly collect information; interfere with the operation or security of the Services; or engage in conduct that may harm The Polished Dog, Shopify, our customers, or other users.

You may not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services except as expressly permitted by us.

We reserve the right to suspend or terminate access to the Services if we reasonably determine that these Terms have been violated.

SECTION 14 - TERMINATION

We may terminate this agreement or your access to the Services, in whole or in part, in our discretion and subject to applicable law. You will remain responsible for amounts properly due through the date of termination.

Provisions that by their nature should survive termination will remain in effect, including provisions concerning Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Governing Law, and other provisions intended to survive termination.

SECTION 15 - DISCLAIMER OF WARRANTIES

Information presented on or through the Services is provided for general information purposes. We do not warrant the accuracy, completeness, or usefulness of such information.

EXCEPT AS EXPRESSLY STATED BY RUSH FINE GOODS LLC D/B/A THE POLISHED DOG OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

Nothing in these Terms is intended to exclude warranties or rights that cannot lawfully be excluded.

SECTION 16 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RUSH FINE GOODS LLC D/B/A THE POLISHED DOG, ITS AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS, AND SHOPIFY AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.

THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THESE LIMITATIONS APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

SECTION 17 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Rush Fine Goods LLC d/b/a The Polished Dog, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from third-party losses, damages, liabilities, claims, and reasonable attorneys' fees arising from your breach of these Terms, your violation of applicable law or the rights of a third party, or your misuse of the Services.

We will provide reasonable notice of an indemnifiable claim. Failure to provide prompt notice will not relieve you of your obligations except to the extent you are materially prejudiced by the delay.

SECTION 18 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be severed from these Terms without affecting the validity or enforceability of the remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms and any policies or operating rules posted by us in connection with the Services constitute the entire agreement between you and us regarding your use of the Services and supersede prior or contemporaneous agreements, communications, and proposals concerning the Services.

SECTION 20 - ASSIGNMENT

You may not delegate, transfer, or assign these Terms or your rights or obligations under them without our prior written consent.

We may transfer, assign, or delegate these Terms and our rights and obligations as permitted by applicable law.

SECTION 21 - GOVERNING LAW

These Terms of Service and any separate agreements through which Rush Fine Goods LLC d/b/a The Polished Dog provides Services to you shall be governed by and construed in accordance with the laws of the State of South Carolina, without regard to its conflict-of-law principles.

To the extent permitted by applicable law, you and Rush Fine Goods LLC d/b/a The Polished Dog consent to the jurisdiction and venue of the applicable state and federal courts serving Greenville County, South Carolina, for disputes arising out of or relating to these Terms or the Services.

Nothing in this section is intended to deprive a consumer of protections or rights that cannot be waived under applicable law.

SECTION 22 - HEADINGS

Headings used in these Terms are included for convenience only and do not limit or otherwise affect the interpretation of these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE

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

We reserve the right, in our discretion, to update, change, or replace portions of these Terms by posting updates to our website.

Where required by applicable law, we will provide notice of material changes. Changes will become effective on the date specified in the applicable notice or when posted, as permitted by law.

Your continued use of the Services following the effective date of revised Terms constitutes acceptance of those Terms to the extent permitted by applicable law.

SECTION 24 - CONTACT INFORMATION

Questions regarding these Terms of Service may be sent to:

Rush Fine Goods LLC d/b/a The Polished Dog
655 Fairview Road
Suite H #130
Simpsonville, South Carolina 29680
United States

Email: support@thepolisheddog.com