Terms of Service

Welcome to Lathered Artisan! The terms "we," "us," and "our" refer to Lathered Artisan, including all brands, products, collections, content, and services offered, sold, marketed, or made available through our website, including High Octane Homestead and 5 Elements Essentials, as well as any current or future brand offered through the Services.

Lathered Artisan operates this store and website, including all related information, content, features, tools, products, and services, to provide you with a curated shopping experience (the "Services"). Lathered Artisan is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced in them (collectively, these "Terms" or "Terms of Service"), describe your rights and responsibilities when you use the Services.

Please read these Terms carefully. They include important information about your legal rights, including warranty disclaimers, limitations of liability, and a binding individual arbitration provision.

By visiting, interacting with, or using our Services; creating an account; or placing an order, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, including the binding individual arbitration provision below, and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, do not use or access the Services or place an order.

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 that you have given consent for any minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including browsing our online stores or purchasing products or services, you may be asked to provide certain information, such as your email address, 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 it.

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

Section 2 – Our Products

We make reasonable efforts to accurately represent our products and services in our online stores. However, colors, images, and product appearance may vary based on your device, screen settings, and configuration.

We do not warrant that the appearance or quality of any product or service will meet your expectations or be identical to how it appears or is rendered in our online stores.

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

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

Please review your order carefully before submitting it, as Lathered Artisan may be unable to accommodate cancellation requests after an order has been accepted. If we do not accept, change, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided when the order was placed.

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

You represent and warrant that your purchases are for personal or household use only 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 reflected in your order confirmation email. Unless expressly stated otherwise, posted prices do not include taxes, shipping, handling, customs, or import charges.

Prices posted in our online stores may differ from prices offered in physical stores or online or other stores operated by third parties. We may offer promotions from time to time that affect pricing and are governed by separate terms and conditions. If there is a conflict between promotional terms and these Terms, the promotional terms will govern.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our stores. You agree to promptly update your account and other information, including your email address and payment-card information, so we can complete 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 authorized to use the payment method provided; (iii) charges incurred by you will be honored by your payment provider; and (iv) you will pay all charges incurred at posted prices, including shipping, handling, and applicable taxes.

Section 5 – Shipping and Delivery

We are not liable for shipping or delivery delays. All delivery times are estimates and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss pass to you.

Section 6 – Intellectual Property

Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement of those materials, are owned by Lathered Artisan, its affiliates, or licensors and are protected by United States and foreign intellectual-property laws.

These Terms permit you to use the Services only for personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent.

Except as expressly provided in these Terms, nothing grants or will be construed to grant you a license or other right under any patent, trademark, copyright, or other intellectual property of Lathered Artisan, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual-property laws. All rights not expressly granted are reserved.

Lathered Artisan's names, logos, product names, service names, designs, and slogans are trademarks of Lathered Artisan or its affiliates or licensors. You must not use those trademarks without our prior written permission. Shopify's name, logo, product names, service names, designs, and slogans are trademarks of Shopify. All other names, logos, product names, service names, designs, and slogans on the Services are trademarks of their respective owners.

Section 7 – Optional Tools

You may be provided access to customer tools offered by third parties as part of the Services. We neither monitor nor control those tools and have no input regarding them.

You acknowledge and agree that we provide access to optional third-party tools "as is" and "as available," without warranties, representations, conditions, or endorsements of any kind. We have no liability arising from or relating to your use of optional third-party tools.

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

We may offer new features through the Services in the future, including new tools and resources. Those features are 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 third-party materials or websites you choose to access.

If you leave the Services to access third-party materials or websites, you do so at your own risk. We are not liable for harm or damages related to your access of third-party websites or your purchase or use of products, services, resources, or content from third-party websites. Review the third party's policies and practices before engaging in a transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the applicable third party.

Section 9 – Relationship with Shopify

Lathered Artisan is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases made through our Store are made directly with Lathered Artisan.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Lathered Artisan, including injury, damage, or loss resulting from products or services purchased from Lathered Artisan. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Lathered Artisan.

Section 10 – Privacy Policy

All 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 read the applicable privacy policies.

Because the Services are hosted by Shopify, Shopify may collect and process personal information about your access to and use of the Services to provide and improve the Services. Information you submit through the Services may be transmitted to and shared with Shopify and other third parties that may be located in countries other than where you reside. Review our Privacy Policy for more information about how we, Shopify, and our partners use personal information.

Section 11 – Feedback

If you submit, upload, post, email, or otherwise transmit 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 that Feedback in any medium and for any purpose, including commercial purposes.

You represent and warrant that: (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentive received in connection with the Feedback; and (iii) your Feedback complies with these Terms.

We are under no obligation to maintain Feedback in confidence, pay compensation for Feedback, or respond to Feedback. We may, but are not obligated to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, objectionable, or in violation of any party's intellectual-property rights or these Terms.

You agree that your Feedback will not violate the rights of any third party, including copyright, trademark, privacy, personality, or other proprietary rights. You further agree that your Feedback will not contain unlawful, abusive, obscene, or defamatory content or any virus or malicious code. You are solely responsible for Feedback you submit and its accuracy.

Section 12 – Errors, Inaccuracies, and Omissions

Occasionally, 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 orders if any information is inaccurate at any time without prior notice, including after you have submitted an order.

Section 13 – Prohibited Uses

You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for an unlawful or malicious purpose; (b) to violate any applicable international, federal, provincial, state, or local law or regulation; (c) to infringe the intellectual-property rights of Lathered Artisan or others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any employee or other person; (e) to transmit false or misleading information; (f) to upload, download, use, or reuse material that does not comply with these Terms; (g) to send or procure the sending of advertising or promotional material, including junk mail, chain letters, spam, or similar solicitations; (h) to impersonate another person or entity; or (i) to otherwise restrict or inhibit another person's use or enjoyment of the Services or expose Lathered Artisan, Shopify, or users to liability.

You also agree not to: (a) upload or transmit viruses or other malicious code; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services, related websites, or the internet.

We may suspend, disable, or terminate your account or access to the Services at any time without notice if we determine that you have violated these Terms.

Section 14 – Termination

We may terminate these Terms or your access to the Services, or any part of the Services, in our sole discretion at any time without notice. You remain liable for all amounts due up to and including the date of termination.

The following provisions will survive termination: Intellectual Property, Feedback, Product Information, Safety, and Medical Disclaimer, Dispute Resolution and Binding Individual Arbitration, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

Section 15 – Product Information, Safety, and Medical Disclaimer

Lathered Artisan products are vegan and Leaping Bunny Certified. Many products are handcrafted in small batches using natural and naturally derived ingredients. As a result, slight variations in color, shape, texture, scent, and appearance may occur. Please review each product's description, ingredient list, directions, and warnings before purchasing or using it.

Do not purchase, consume, or use any product if you know or suspect that you are allergic or sensitive to any listed ingredient. Individual reactions and sensitivities vary. When appropriate, patch-test topical products before broader use. Stop use immediately if you experience irritation, discomfort, or another adverse reaction.

Information about herbs, botanicals, teas, foods, ingredients, and their traditional, historical, or customary uses is provided solely for general educational and informational purposes. It is not medical advice and does not represent that any product will diagnose, treat, cure, mitigate, prevent, or provide a therapeutic benefit for any disease or medical condition. Follow all product-specific preparation, serving, storage, and use instructions.

Unless a specific product is expressly manufactured and labeled for ingestion, essential oils are intended only for external or aromatic use and must not be ingested. Dilute essential oils intended for topical use as directed. Avoid contact with the eyes, mucous membranes, and other sensitive areas. Use all products only as directed.

If you are pregnant or breastfeeding; have a medical condition; take prescription or over-the-counter medication; or have questions about allergies, sensitivities, interactions, or whether an ingredient is appropriate for you, consult a qualified healthcare professional before purchasing or using the product. Keep products that are not specifically intended for children or animals out of their reach.

The content provided by Lathered Artisan, including product descriptions, ingredient information, educational materials, website content, and information concerning herbs, botanicals, essential oils, teas, foods, and other ingredients, is provided for general informational purposes only. It is not medical advice and is not a substitute for professional medical advice, diagnosis, or treatment. Lathered Artisan products and website content are not intended to diagnose, treat, cure, mitigate, or prevent any disease or medical condition.

Section 16 – Dispute Resolution; Binding Individual Arbitration

To the fullest extent permitted by applicable law, you and Lathered Artisan agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, any purchase, product, order, marketing, communication, or interaction with Lathered Artisan will be resolved by binding individual arbitration rather than in court, except as expressly stated below.

Before either party begins arbitration, the party asserting a dispute must provide written notice to the other party describing the dispute and the requested relief. The parties will attempt in good faith to resolve the dispute informally for 30 days after receipt of the notice. Notices to Lathered Artisan must be sent to:

Lathered Artisan
499 NM 333 Unit 1782
Tijeras, NM 87059

If the dispute is not resolved informally, either party may initiate arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by this agreement. The arbitration may be conducted remotely, by written submissions, or in person in the county where you reside, unless the parties agree otherwise. The arbitrator may award the same individual relief available in a court of competent jurisdiction. Judgment on the arbitration award may be entered in any court with jurisdiction.

Payment of arbitration fees will be governed by the AAA Consumer Arbitration Rules and applicable law. Lathered Artisan will not seek to recover arbitration fees or costs from you unless the arbitrator determines that your claim was frivolous or brought for an improper purpose, to the extent permitted by law.

Either party may bring an eligible claim in small-claims court instead of arbitration, provided the claim remains in that court and is pursued only on an individual basis.

You and Lathered Artisan agree that each may bring claims against the other only in an individual capacity and not as a plaintiff, class member, representative, or private attorney general in any purported class, collective, consolidated, or representative proceeding. You and Lathered Artisan also waive any right to a jury trial for claims subject to arbitration.

You may opt out of this arbitration agreement by sending written notice to Lathered Artisan, 499 NM 333 Unit 1782, Tijeras, NM 87059 within 30 days after you first accept these Terms or make a purchase, whichever occurs first. Your notice must include your name, the email address used for your purchase or account, your order number if applicable, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other part of these Terms.

If any portion of this arbitration provision is found unenforceable, that portion will be severed and the remaining provisions will remain in effect, except that if the class-action waiver is found unenforceable as to a particular claim, that claim must proceed in a court of competent jurisdiction rather than arbitration. This arbitration provision survives termination of these Terms and your relationship with Lathered Artisan.

Section 17 – Disclaimer of Warranties

The information presented on or through the Services is made available solely for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on this information is strictly at your own risk. We disclaim liability and responsibility arising from reliance on such materials by you or any other visitor to the Services.

EXCEPT AS EXPRESSLY STATED BY LATHERED ARTISAN, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER 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 BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

Section 18 – Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL LATHERED ARTISAN, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING ERRORS OR OMISSIONS IN CONTENT OR LOSS OR DAMAGE ARISING FROM CONTENT OR PRODUCTS POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN THOSE JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Section 19 – Indemnification

You agree to indemnify, defend, and hold harmless Lathered Artisan, 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 or documents incorporated by reference; (2) your violation of any law or the rights of a third party; or (3) your access to or use of the Services.

We will notify you of an indemnifiable claim, provided that failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of the claim at your expense, including choice of counsel, but will not settle a claim requiring non-monetary obligations from you without your consent, which will not be unreasonably withheld. You will cooperate in the defense of indemnified claims, including by providing relevant documents.

Section 20 – Severability

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms. That determination will not affect the validity and enforceability of the remaining provisions.

Section 21 – Waiver; Entire Agreement

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

These Terms, together with policies or operating rules posted by us on this website or regarding the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services. They supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including prior versions of these Terms.

Any ambiguity in the interpretation of these Terms will not be construed against the drafting party.

Section 22 – Assignment

You may not delegate, transfer, or assign these Terms or any rights or obligations under them without our prior written consent. Any attempted delegation, transfer, or assignment in violation of this section is null and void.

We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.

Section 23 – Governing Law

Except to the extent governed by federal law or preempted by applicable law, these Terms and any separate agreements through which we provide Services will be governed by and construed in accordance with the laws of the State of New Mexico, without regard to its conflict-of-law principles.

The arbitration provision in Section 16 is governed by the Federal Arbitration Act. For any dispute that is not subject to arbitration, you and Lathered Artisan consent to exclusive venue and personal jurisdiction in the state or federal courts located in Santa Fe County, NM, unless applicable law requires otherwise.

Section 24 – Headings

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

Section 25 – Changes to Terms of Service

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

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to review the website periodically for changes. We will provide notice of material changes as required by applicable law. Changes will be effective on the date specified in the notice. Your continued use of or access to the Services after changes become effective constitutes acceptance of the revised Terms.

Section 26 – Contact Information

Questions about these Terms of Service should be sent to us at contact@latheredartisan.com.

Lathered Artisan
contact@latheredartisan.com
499 NM 333 Unit 1782
Tijeras, NM 87059