Terms of service

Overview

Welcome to Ashmere & Co.! The terms "we", "us" and "our" refer to Ashmere & Co. Ashmere & CO LLC, doing business as Ashmere & Co., operates 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"). Ashmere & Co. is powered by Shopify, which enables us to provide the Services to you.

The below 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 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, province or jurisdiction 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 of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping information. You represent and warrant that all the information you provide in our store 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 of your account activity. You may not transfer, sell, assign or license your account to any other person.

Section 2 - Our Products

We have made every effort to provide an accurate representation of our products and services in our online store. However, please note that colors or product appearance may differ from how they appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be exactly the same as depicted or rendered in our online store.

All descriptions of products 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 any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

Section 3 - Orders

When you place an order, you are making an offer to purchase. Ashmere & Co. reserves the right to accept or decline your order for any reason at its discretion, subject to applicable law. Your order is not accepted until Ashmere & Co. confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting, as Ashmere & Co. may be unable to accommodate cancellation requests after an order is accepted.

In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email address, billing address and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Refund & Return Policy.

You represent and warrant that your purchases are for your own personal or household use and not for unauthorized 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 at the time the order is placed and will be set out in your order confirmation.

Unless otherwise expressly stated, posted prices do not include applicable taxes, shipping, handling, customs or import charges.

Prices posted in our online store may be different from prices offered through third-party channels or marketplaces.

We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

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

You represent and warrant that (i) the payment information you provide is true, correct and complete, (ii) you are duly authorized to use the payment method provided for the purchase, (iii) charges incurred by you will be honored by your payment provider, and (iv) you will pay charges incurred by you at the posted prices, including shipping charges and all applicable taxes, duties or fees, if any.

Section 5 - Shipping and Delivery

All delivery times provided through the Services are estimates only and are not guaranteed.

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

Shipping, processing, tracking and delivery are subject to our Shipping Policy.

Nothing in this section limits any rights or remedies available to you under applicable consumer protection law.

Section 6 - Intellectual Property

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection and arrangement thereof, are owned by Ashmere & CO LLC, its affiliates or licensors and are protected by applicable U.S. and foreign copyright, trademark and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent, except as otherwise permitted by applicable law.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any trademark, copyright or other intellectual property of Ashmere & CO LLC, Shopify or any third party.

Unauthorized use of the Services may violate applicable intellectual property laws. All rights not expressly granted herein are reserved by Ashmere & CO LLC.

Ashmere & Co.'s names, logos, product and service names, designs and slogans are trademarks or other intellectual property of Ashmere & CO LLC or its licensors. You must not use such intellectual property 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 customer tools offered by third parties as part of the Services, which we neither monitor nor have any control or input over.

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 to the extent permitted by applicable law.

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

We may also, in the future, offer new features through the Services, including the release of new tools and resources. Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

Section 8 - Third-Party Links

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

We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.

We are not liable, to the extent permitted by applicable law, for harm or damages related to your access to third-party websites or your purchase or use of products, services, resources or content on third-party websites.

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

Section 9 - Relationship with Shopify

Ashmere & Co. 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 Ashmere & CO LLC.

By using the Services, you acknowledge that Shopify provides the e-commerce platform supporting our store but is not the seller of the products offered by Ashmere & Co.

To the extent permitted by applicable law, Shopify and its affiliates are not responsible for claims, damages or liabilities arising from products purchased directly from Ashmere & Co.

Section 10 - Privacy Policy

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

Certain personal information may also be processed by Shopify in accordance with Shopify's applicable privacy policies.

By using the Services, you acknowledge that you have read our Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services.

Information you submit to the Services may be transmitted to and shared with Shopify as well as third parties that may be located in countries other than where you reside in order to provide the Services to you.

Please review our Privacy Policy for additional details regarding how Ashmere & Co., Shopify and our service providers may collect, use and process your personal information.

Section 11 - Feedback

If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any lawful purpose, including commercial purposes.

We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services.

You also represent and warrant that:

(i) you own or have all necessary rights to the Feedback;

  • You have disclosed any compensation or incentives received in connection with your submission of Feedback; and
  • Your Feedback complies with these Terms.

We are under no obligation to:

  • Maintain your Feedback in confidence;
  • Pay compensation for your Feedback; or
  • Respond to your Feedback.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our discretion to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable or that violates another party's intellectual property rights or these Terms.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights.

Your Feedback must not contain unlawful, abusive or obscene material, viruses or other malware that could affect the operation of the Services.

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 Feedback.

You are 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, pricing, promotions, offers, shipping charges, transit times or availability.

We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel affected 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 for lawful purposes only.

You may not access or use the Services, directly or indirectly:

  • For any unlawful or malicious purpose;
  • To violate any international, federal, state, provincial or local laws or regulations;
  • To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  • To harass, abuse, insult, harm, defame, slander, disparage or intimidate our employees or any other person;
  • To transmit false or misleading information;
  • To send, knowingly receive, upload, download, use or reuse material that does not comply with these Terms;
  • To transmit unsolicited advertising or promotional material, including junk mail, chain letters, spam or similar solicitations;
  • To impersonate or attempt to impersonate another person or entity; or
  • To engage in conduct that restricts or inhibits another person's use or enjoyment of the Services, or that may harm Ashmere & Co., Shopify or users of the Services.

In addition, you agree not to:

  • Upload or transmit viruses or other malicious code;
  • Reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services without authorization;
  • Unlawfully collect or track personal information of others;
  • Spam, phish, pharm or pretext the Services;
  • Use robots, spiders, scraping or data-gathering tools, automatic devices or processes, AI tools, including agentic AI, or automated or manual means to access the Services in violation of these Terms; or
  • Interfere with, bypass or circumvent security or authorization features, robot exclusion headers or other measures we employ to restrict access to the Services.

We reserve the right to suspend, disable or terminate access where we determine that you have violated these Terms, subject to applicable law.

Section 14 - Agents

14.1 This section ("Agent Terms") applies if you use, allow, enable or cause the deployment of an Agent to access, use or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person's device without direct supervision.

14.2 No Agent may access, use or interact with the Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in Section 14.4 below. In addition, no Agent may access, use or interact with the Services if we have requested that the Agent refrain from accessing, using or interacting with any Service.

14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses and interacts with the Services.

14.4 Agents must:

  • (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user-agent string: "Agent/[agent name]";
  • (ii) not conceal or obfuscate that any access, use or interactions are from an Agent, including by mimicking human behavior or interaction patterns or completing or circumventing CAPTCHAs or measures intended to distinguish computer use from human use;
  • (iii) respond truthfully to any question or prompt seeking to determine whether interactions are coming from a human or computer; and
  • (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify or control whether and how Agents access, use or interact with the Services.

Section 15 - Termination

We may terminate this agreement or your access to the Services, or any part thereof, in our discretion where permitted by applicable law, and you will remain liable for amounts properly due up to and including the date of termination.

The following sections will continue to apply following termination where applicable: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provisions that by their nature should survive termination.

Section 16 - Disclaimer of Warranties

Information presented on or through the Services is made available for general informational purposes.

We do not warrant the accuracy, completeness or usefulness of all such information. Any reliance you place on such information is at your own risk, subject to applicable law.

EXCEPT AS EXPRESSLY STATED BY ASHMERE & CO. OR 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 YOUR USE OF THE SERVICES WILL ALWAYS BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

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

Section 17 - Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ASHMERE & CO., ASHMERE & CO LLC, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.

THIS MAY INCLUDE, WITHOUT LIMITATION AND TO THE EXTENT PERMITTED BY LAW, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR SIMILAR DAMAGES.

SOME STATES, COUNTRIES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

Section 18 - Indemnification

To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless Ashmere & CO LLC, Ashmere & Co., Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to a third party due to or arising out of:

  • (1) your breach of these Terms of Service or documents incorporated by reference;
  • (2) your violation of applicable law or the rights of a third party; or
  • (3) your unlawful or unauthorized access to or use of the Services.

We will provide notice of an indemnifiable claim as reasonably practicable. A failure to promptly notify you will not relieve you of your obligations except to the extent you are materially prejudiced.

We may control the defense and settlement of such claim as permitted by applicable law. You agree to reasonably cooperate in the defense of indemnified claims.

Section 19 - Severability

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

The unenforceable portion shall be deemed severed from these Terms without affecting the validity and enforceability of the remaining provisions.

Section 20 - Waiver; Entire Agreement

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

These Terms of Service and any policies or operating rules posted by us on this website in respect of the Services constitute the entire agreement and understanding between you and us regarding your use of the Services and supersede prior or contemporaneous agreements, communications and proposals regarding the Services, whether oral or written.

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

Section 21 - Assignment

You may not delegate, transfer or assign these Terms or your rights or obligations under these Terms without our prior written consent, and any unauthorized attempt to do so may be void.

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

Section 22 - Governing Law

These Terms of Service and any separate agreements whereby we provide Services shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to conflict-of-law principles.

Nothing in these Terms is intended to deprive you of mandatory consumer protection rights that apply to you under the laws of your jurisdiction.

Section 23 - Headings

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

Section 24 - Changes to Terms of Service

You can 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 any part of these Terms by posting updates and changes to our website.

Where required by applicable law, we will provide notice of material changes.

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

Section 25 - Contact Information

Questions about these Terms of Service should be sent to:

Ashmere & CO LLC
30 N Gould St Ste R
Sheridan, Wyoming 82801
United States

Email: customerservice@ashmereandco.com

Phone: +1 307-500-4269