Terms of service

OVERVIEW

Welcome to Southern Pickens!

The terms “we,” “us,” and “our” refer to Southern Pickens. Southern Pickens operates this store and website, including all related information, content, features, tools, products, and services offered through the website (collectively, the “Services”).

Southern Pickens is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced herein (collectively, the “Terms”), describe your rights and responsibilities when you access, browse, purchase from, or otherwise use our Services.

Please read these Terms carefully. By visiting, interacting with, purchasing from, or using our Services, you agree to be bound by these Terms of Service and our applicable store policies, including our Privacy Policy, Refund Policy, and Shipping Policy.

If you do not agree to these Terms, you should not access or use 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, or that you are the age of majority and have given 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 browsing our online store or purchasing products, you may be asked to provide information such as your email address, billing information, payment information, and shipping information.

You represent and warrant that all information you provide is accurate, current, and complete and that you have the necessary rights to provide such information.

You are responsible for maintaining the security of any account credentials associated with the Services and for activity occurring through your account.

You may not transfer, sell, assign, or license your account to another person.

SECTION 2 — OUR PRODUCTS

Southern Pickens offers a combination of hand-painted and made-to-order products, paint and DIY supplies, coffee, gifts, and other specialty merchandise.

We make every reasonable effort to accurately represent our products through photographs, descriptions, dimensions, colors, and other information provided on our website. However, colors and product appearance may vary depending on your device, screen settings, lighting, and other factors.

Handmade Products

Many Southern Pickens products are individually created and painted by hand. Slight variations in brushstrokes, distressing, color, placement, wood surface, and other handmade details are normal and are not considered defects.

These variations are part of the handmade nature of the product and help make each piece unique.

Product Information

Product packaging, labeling, colors, formulas, availability, and other manufacturer-provided details may occasionally change.

All product descriptions are subject to change without notice. We reserve the right to discontinue products or limit quantities offered to any person, geographic region, or jurisdiction.

We do not guarantee that a product's appearance will be identical to its representation on your screen.

SECTION 3 — ORDERS

When you place an order through Southern Pickens, you are making an offer to purchase the selected products.

Southern Pickens reserves the right to accept, decline, limit, or cancel an order when reasonably necessary, including in circumstances involving product availability, pricing or listing errors, suspected fraud, payment issues, or other order-processing concerns.

Payment must be successfully processed before an order can be fulfilled.

Please carefully review your order before submitting it, including:

  • Product selections
  • Sizes and quantities
  • Colors
  • Personalization
  • Names, dates, and wording
  • Billing information
  • Shipping information

Personalized & Made-to-Order Products

Personalized, custom, hand-painted, and made-to-order products may enter production shortly after an order is placed.

Changes or cancellations are not guaranteed once an order has been submitted. Once production or fulfillment has begun, personalized or made-to-order items generally cannot be canceled or changed.

Customers are responsible for providing accurate personalization information. Southern Pickens is not responsible for personalization errors resulting from incorrect information submitted by the customer.

If you notice an error after placing an order, please contact us as soon as possible. We will make every reasonable effort to accommodate your request if production or fulfillment has not already begun.

Purchases are subject to our Return & Refund Policy.

SECTION 4 — PRICES, PAYMENT AND BILLING

Prices, discounts, promotions, and product availability are subject to change without notice.

The price charged for a product will be the price shown at the time your order is placed and will appear in your order confirmation.

Unless otherwise stated, displayed product prices do not include applicable taxes, shipping, handling, customs, duties, or other charges that may apply.

Prices available through our online store may differ from prices offered at physical retail locations, marketplaces, special events, or third-party platforms.

We may periodically offer sales, discount codes, promotions, or other special offers. Additional terms may apply to those promotions.

You agree to provide current, complete, and accurate billing, payment, shipping, and account information for purchases made through our store.

You represent that you are authorized to use the payment method provided and agree to pay all applicable charges associated with your purchase.

SECTION 5 — SHIPPING AND DELIVERY

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

Shipping delays may occur due to carrier delays, weather, holidays, supplier availability, transportation disruptions, or other circumstances outside the reasonable control of Southern Pickens.

Separate Shipments

Because Southern Pickens offers a combination of hand-painted and made-to-order items, paint and DIY products, coffee, gifts, and other specialty merchandise, products within the same order may be processed, fulfilled, and shipped separately.

Orders containing hand-painted items, Dixie Belle Paint products, Sweet Pickins Milk Paint products, Barnyard Coffee, or other specialty products may arrive in multiple packages and on different delivery dates.

Separate tracking information may be provided when applicable.

Shipping carriers and services may vary based on package size, weight, destination, fulfillment location, product availability, and other shipping requirements.

Please refer to our Shipping Policy for current information regarding processing times, separate shipments, shipping rates, tracking, insurance, damaged shipments, and local pickup.

SECTION 6 — RETURNS, REFUNDS AND DAMAGES

Southern Pickens does not generally accept returns or exchanges. All sales are considered final except as provided in our Return & Refund Policy or as otherwise required by applicable law.

Because many Southern Pickens products are handmade, personalized, made to order, or specialty merchandise, they may not be eligible for return or resale.

If an order arrives damaged, incorrect, or otherwise qualifies for a resolution under our policies, please follow the procedures outlined in our Return & Refund Policy and Shipping Policy.

Shipping-carrier claim procedures may vary depending on the item and carrier. Customers may be required to retain the damaged product, original shipping box, shipping label, packing materials, and other documentation for inspection or claim processing.

SECTION 7 — INTELLECTUAL PROPERTY

The Services, including but not limited to Southern Pickens branding, logos, product designs, original artwork, text, photographs, graphics, images, videos, displays, website content, and the design, selection, and arrangement thereof, are owned by Southern Pickens or used with permission from applicable licensors and are protected by applicable intellectual property laws.

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

You may not reproduce, distribute, modify, create derivative works from, publicly display, republish, download, store, sell, or transmit Southern Pickens content without prior written permission, except where otherwise permitted by law.

Nothing in these Terms grants you a license or ownership right in any intellectual property belonging to Southern Pickens, Shopify, our suppliers, manufacturers, or other third parties.

Southern Pickens names, logos, original designs, artwork, and branding may not be used without permission.

Shopify and other company, product, and brand names appearing through the Services remain the property of their respective owners.

SECTION 8 — OPTIONAL TOOLS

We may provide access to tools, applications, features, or services offered by third parties that we do not monitor or control.

Access to such tools may be provided “as is” and “as available” without warranties, representations, or endorsements by Southern Pickens.

Your use of optional third-party tools is at your own discretion and may be subject to additional terms and policies established by the applicable third party.

We may introduce additional tools, resources, features, or services in the future. Unless otherwise stated, those features will also be subject to these Terms.

SECTION 9 — THIRD-PARTY LINKS

Our Services may contain links to websites, services, materials, or functionality provided by third parties.

Southern Pickens is not responsible for evaluating or guaranteeing the accuracy, availability, content, security, or practices of third-party websites or services.

If you choose to access a third-party website or service, you do so subject to that third party's terms and policies.

Southern Pickens is not responsible for damages or losses arising from transactions conducted directly with unrelated third parties.

SECTION 10 — RELATIONSHIP WITH SHOPIFY

Southern Pickens is powered by Shopify, which enables us to provide the Services to you.

However, purchases made through our store are transactions directly between you and Southern Pickens.

By using the Services, you acknowledge that Shopify is not responsible for sales between you and Southern Pickens, including injury, damage, or loss resulting from products purchased through our store.

To the extent permitted by applicable law, you release Shopify and its affiliates from claims, damages, and liabilities arising from or related to purchases and transactions made directly with Southern Pickens.

SECTION 11 — PRIVACY

Personal information collected through the Services is handled in accordance with our Privacy Policy.

Because our Services are hosted by Shopify, Shopify may collect and process certain personal information relating to your access to and use of the Services in order to provide and improve its services.

Information submitted through our Services may also be processed by Shopify and other service providers involved in operating our store, processing payments, fulfilling orders, providing customer service, or otherwise supporting the Services.

Please review our Privacy Policy for additional information about how personal information is collected, used, and shared.

SECTION 12 — FEEDBACK, REVIEWS AND USER CONTENT

If you submit reviews, photographs, comments, suggestions, ideas, feedback, or other content to Southern Pickens (“Feedback”), you represent that you have the necessary rights to provide that content.

You grant Southern Pickens a worldwide, royalty-free license to use, reproduce, display, publish, distribute, and otherwise use submitted Feedback in connection with operating, improving, and promoting our Services, subject to applicable law.

You agree that your Feedback will not violate the intellectual property, privacy, publicity, or other rights of another person and will not contain unlawful, abusive, defamatory, obscene, malicious, or harmful content.

You may not use a false identity or otherwise misrepresent the origin of submitted Feedback.

We reserve the right, but are not obligated, to monitor, edit, or remove Feedback that we determine violates these Terms or applicable law.

SECTION 13 — ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information available through our Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, availability, shipping charges, processing times, or other information.

We reserve the right to correct errors, inaccuracies, or omissions and to update information when necessary.

If an error materially affects an order that has already been submitted, we may contact you regarding the issue and, where appropriate, modify or cancel the affected order in accordance with applicable law.

SECTION 14 — PROHIBITED USES

You may use the Services only for lawful purposes.

You may not use the Services to:

  • Violate applicable federal, state, local, or international laws or regulations
  • Infringe upon the intellectual property or other rights of Southern Pickens or another party
  • Harass, threaten, abuse, defame, or harm another person
  • Submit false or misleading information
  • Transmit malicious code, viruses, or other harmful technology
  • Spam, phish, scrape, crawl, or improperly collect information
  • Attempt to interfere with or circumvent website security
  • Impersonate another person or entity
  • Reproduce, duplicate, copy, sell, resell, or exploit the Services without authorization
  • Use the Services for fraudulent or malicious purposes

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

SECTION 15 — TERMINATION

We may suspend or terminate access to the Services, in whole or in part, if you violate these Terms or engage in activity that may harm Southern Pickens, Shopify, our customers, or other parties.

You remain responsible for amounts lawfully due through the date of termination.

Provisions that by their nature should survive termination—including intellectual property, limitations of liability, indemnification, and governing law—will remain in effect.

SECTION 16 — DISCLAIMER OF WARRANTIES

Information provided through the Services is made available for general informational purposes.

While Southern Pickens makes reasonable efforts to provide accurate information, we do not guarantee that all website content will always be complete, current, or error-free.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY PROVIDED BY SOUTHERN PICKENS, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED.

THIS MAY INCLUDE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT, TO THE EXTENT SUCH WARRANTIES MAY LAWFULLY BE DISCLAIMED.

We do not guarantee that access to the Services will always be uninterrupted, timely, secure, or error-free.

Some jurisdictions do not permit certain warranty exclusions, so some of the foregoing provisions may not apply to you.

SECTION 17 — LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SOUTHERN PICKENS AND ITS OWNERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.

THIS MAY INCLUDE, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER ARISING IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited under applicable law.

SECTION 18 — INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Southern Pickens, Shopify, and our respective affiliates, employees, agents, contractors, licensors, and service providers from third-party claims, losses, damages, liabilities, and reasonable costs arising from:

  1. Your material breach of these Terms;
  2. Your violation of applicable law or the rights of another party; or
  3. Your misuse of the Services.

Your obligations under this section apply only to the extent permitted by applicable law.

SECTION 19 — SEVERABILITY

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

Any unenforceable portion will be considered 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 does not constitute a waiver of that right or provision.

These Terms, together with our policies and other operating rules posted through the Services, constitute the agreement between you and Southern Pickens regarding your use of the Services, except where separate terms expressly apply.

SECTION 21 — ASSIGNMENT

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

Southern Pickens may transfer or assign its rights and obligations under these Terms when permitted by applicable law.

SECTION 22 — GOVERNING LAW

These Terms of Service and any separate agreements through which Southern Pickens provides Services will be governed by and construed in accordance with applicable laws of the State of Louisiana and the United States, without regard to conflict-of-law principles, except where applicable consumer law requires otherwise.

To the extent permitted by law, disputes relating to these Terms or the Services will be subject to the jurisdiction of the appropriate state or federal courts serving the area in which Southern Pickens is headquartered.

SECTION 23 — HEADINGS

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

SECTION 24 — CHANGES TO THESE TERMS

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

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

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

Your continued use of the Services after updated Terms become effective constitutes acceptance of those changes to the extent permitted by law.

SECTION 25 — CONTACT INFORMATION

Questions regarding these Terms of Service may be directed to:

Southern Pickens
Email: info@southernpickensla.com
Mailing Address: P.O. Box 163, Ruston, LA 71273

For questions relating specifically to shipping, returns, refunds, damages, or order fulfillment, please also review our Shipping Policy and Return & Refund Policy.