Terms of service
Terms of Service
Overview
This website is operated by KW Heritage Co. Throughout this website, the terms “we,” “us,” and “our” refer to KW Heritage Co.
These Terms of Service govern your access to and use of kwheritageco.com, including purchases, account features, communications, item submissions, and other services provided through the website.
By visiting the website, placing an order, submitting an item for review, or otherwise using our services, you agree to these Terms of Service and the policies referenced within them.
Please do not use the website or place an order if you do not agree to these terms.
1. Eligibility
You must be at least 18 years old or have the permission and supervision of a parent or legal guardian to make a purchase through this website.
By placing an order, you represent that the information you provide is accurate and that you are authorized to use the selected payment method.
2. Store Products
KW Heritage Co. sells new and pre-owned Western and American heritage goods, including boots, belt buckles, hats, jewelry, leather goods, and related accessories.
Many products are vintage, discontinued, pre-owned, unbranded, or one of a kind. Normal variations, patina, wear, discoloration, scratches, repairs, and other signs of age may be present.
Each pre-owned item is individually photographed and described. Customers are responsible for reviewing all photographs, measurements, descriptions, markings, and condition notes before purchasing.
Unless specifically stated otherwise:
- Product materials have not been professionally tested.
- Gemstones, metals, leather types, dates, and maker information may not be independently verified.
- Descriptions such as “silver-tone,” “turquoise-style,” “tiger’s-eye-style,” “vintage-style,” or similar language describe appearance and do not guarantee material composition.
- Belts, display stands, clothing, or other props shown in photographs are not included unless expressly listed as part of the product.
3. Product Availability
Many products are one of a kind and are available in a quantity of one.
Placing an item in a shopping cart does not reserve it. An item is not secured until checkout has been completed and the order has been accepted.
We reserve the right to:
- Limit product quantities
- Discontinue products
- Refuse or cancel orders
- Correct inventory errors
- Restrict sales to particular customers, locations, or jurisdictions
If an unavailable item is purchased because of an inventory error, we will cancel the affected item and issue a refund.
4. Pricing and Payment
Prices are displayed in United States dollars unless otherwise stated.
Applicable taxes, shipping charges, delivery fees, and other charges will be displayed during checkout before the order is submitted.
We reserve the right to change prices at any time. A price change will not affect an order that has already been accepted unless the original price resulted from an obvious error.
Payment must be successfully authorized before an order is fulfilled.
5. Order Acceptance and Cancellation
An order confirmation acknowledges that we received your order. It does not necessarily mean the order has been accepted or fulfilled.
We may refuse or cancel an order for reasons including:
- Suspected fraud or unauthorized payment
- Incorrect pricing or inventory information
- Shipping or delivery restrictions
- Inability to verify customer information
- Violation of these Terms of Service
- Errors affecting the product or order
If we cancel a paid order, we will refund the amount charged for the canceled item or order.
Customers may request cancellation before fulfillment by contacting hello@kwheritageco.com. Cancellation cannot be guaranteed once an order has been packed, shipped, scheduled for delivery, or otherwise fulfilled.
6. Shipping, Local Pickup, and Delivery
Shipping, pickup, and delivery options are subject to availability and the terms described in our Shipping Policy.
Delivery dates and transit estimates are not guaranteed. Delays may occur because of carriers, weather, holidays, address problems, or other circumstances beyond our reasonable control.
Customers are responsible for supplying a complete and accurate shipping or delivery address.
Customers must not select local pickup or local delivery unless they are eligible for the selected option and can complete the transaction under the provided instructions.
7. Returns and Refunds
Returns, refunds, exchanges, cancellations, and damaged-order claims are governed by our Return and Refund Policy.
Customers must review that policy before placing an order.
Nothing in these Terms of Service limits any non-waivable consumer rights provided by applicable law.
8. Product Fit and Measurements
Sizes may vary between manufacturers, production periods, and individual products, particularly for vintage and pre-owned items.
Boot sizing, hat sizing, belt sizing, and clothing sizing are not guaranteed to match another product carrying the same marked size.
Measurements are approximate unless otherwise stated. Customers are responsible for comparing the listed measurements with an item that fits them properly.
A product is not considered misrepresented solely because its fit differs from another item of the same marked size.
9. Photographs and Display Differences
We make reasonable efforts to present products accurately.
However, color, brightness, texture, finish, and scale may appear different because of:
- Screen settings
- Lighting conditions
- Camera processing
- Device differences
- Reflections from metal, leather, stone, enamel, or other materials
Photographs form part of each product’s condition disclosure and should be reviewed closely before purchase.
10. Customer Accounts
Customers may be able to create or use an account through the website.
You are responsible for:
- Maintaining the confidentiality of your account credentials
- Providing current and accurate information
- Restricting unauthorized access to your account
- Notifying us of suspected unauthorized use
We may suspend or terminate accounts used fraudulently, unlawfully, or in violation of these terms.
11. Reviews, Messages, and Submitted Content
When you submit a review, photograph, message, comment, or other content, you confirm that:
- You have the right to provide it.
- It is accurate to the best of your knowledge.
- It does not violate another person’s rights.
- It is not unlawful, threatening, fraudulent, defamatory, obscene, or malicious.
- It does not contain malware, automated scripts, or harmful code.
You grant KW Heritage Co. a non-exclusive, royalty-free license to use content you voluntarily submit for customer service, store operation, marketing, fraud prevention, and administration, subject to our Privacy Policy.
We may remove submitted content that violates these terms.
12. Items Submitted Through “Sell to Us”
Submitting an item through our website does not require KW Heritage Co. to inspect, purchase, appraise, authenticate, or make an offer for the item.
By submitting an item, you represent that:
- You own the item or are legally authorized to sell it.
- The information and photographs provided are accurate.
- The item is not stolen, counterfeit, or unlawfully obtained.
- You have disclosed known damage, alterations, repairs, and authenticity concerns.
Any offer may be withdrawn if the item differs materially from the submitted description or photographs.
Do not ship or deliver an item unless KW Heritage Co. has accepted it and provided instructions.
13. Prohibited Uses
You may not use the website or its content:
- For unlawful or fraudulent purposes
- To violate intellectual-property or privacy rights
- To submit false purchasing, payment, identity, or ownership information
- To interfere with the website’s security or operation
- To introduce malware or harmful code
- To scrape, copy, reproduce, or exploit website content without permission
- To impersonate another person or organization
- To harass, threaten, deceive, or harm another person
- To purchase items for unlawful export, resale, or use
We may restrict access or cancel orders connected with prohibited activity.
14. Intellectual Property
The KW Heritage Co. name, logo, website design, written content, product photographs, graphics, and other original store materials are owned by or licensed to KW Heritage Co.
You may view the website and use its features for personal shopping purposes. You may not reproduce, distribute, modify, sell, publish, scrape, or commercially exploit our content without written permission.
Third-party names, logos, trademarks, and product designs remain the property of their respective owners. Their appearance on a pre-owned product does not imply sponsorship, affiliation, or endorsement of KW Heritage Co.
15. Third-Party Services and Links
The website may rely on services provided by Shopify, payment processors, shipping carriers, social-media platforms, analytics providers, and other third parties.
We are not responsible for third-party websites, services, availability, security practices, or content. Your use of a third-party service may be governed by that provider’s own terms and policies.
16. Errors and Inaccuracies
Occasionally, the website may contain typographical errors, inaccurate descriptions, incorrect pricing, inventory errors, or missing information.
We may correct errors, update information, or cancel affected orders at any time, including after an order has been submitted.
If a correction materially affects an accepted order, we will contact the customer or issue an appropriate refund.
17. Disclaimer of Warranties
To the fullest extent permitted by applicable law, the website and its services are provided on an “as available” basis.
Except for representations expressly included in a product listing or required by law, we do not make additional warranties regarding:
- Uninterrupted website availability
- Future product performance
- Collectible or investment value
- Compatibility with a particular use
- Material composition that has not been verified
- Historical provenance that has not been documented
- Fit beyond the measurements and marked size provided
This section does not exclude warranties or consumer protections that cannot legally be excluded.
18. Limitation of Liability
To the fullest extent permitted by law, KW Heritage Co. will not be liable for indirect, incidental, special, consequential, or punitive damages resulting from use of the website, delayed delivery, loss of access, third-party services, or use of a product contrary to its intended purpose.
Where liability cannot legally be excluded, our liability will be limited only to the extent permitted by applicable law.
Nothing in these terms excludes liability that cannot legally be limited or excluded.
19. Indemnification
To the extent permitted by law, you agree to indemnify and hold harmless KW Heritage Co. from claims, losses, liabilities, or expenses arising from:
- Your unlawful use of the website
- Your violation of these terms
- Your infringement of another person’s rights
- False information supplied in connection with an order or item submission
20. Privacy
Personal information collected through the website is handled according to our Privacy Policy.
Shopify and other service providers may separately process information required to operate the website, process payments, prevent fraud, and fulfill orders.
21. Severability
If any provision of these terms is determined to be unlawful or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in effect.
22. No Waiver
Our failure to enforce a provision of these Terms of Service does not waive our right to enforce it later.
23. Governing Law
These Terms of Service are governed by the applicable laws of the State of Texas and the United States, without limiting any rights that customers may have under the mandatory laws applicable to them.
Any dispute that may lawfully be limited to a particular location will be handled by a court with appropriate jurisdiction serving Hill County, Texas.
24. Changes to These Terms
We may update these Terms of Service when our products, services, policies, or legal obligations change.
The current version will be posted on this page. Continued use of the website after an update constitutes acceptance of the revised terms to the extent permitted by law.
25. Contact Information
Questions about these Terms of Service may be sent to:
KW Heritage Co.
Whitney, Texas
Email: hello@kwheritageco.com
Website: kwheritageco.com