Terms of Service
Last updated:
The terms in brief
- Seller: Nativehearttee, trading as Native Heart Tee, 160 Azure St., Morro Bay, CA 93442, United States.
- What we sell: made-to-order apparel, blankets, home decor, ornaments and drinkware with Native-inspired nature art. We do not sell items as Native American made or tribe-affiliated goods.
- Where: we sell and ship to the United States, Canada, Australia and New Zealand, priced in US dollars, with free standard shipping.
- Returns: 60 days from delivery; refunds issued within 7 days of approval; cancellations within 24 hours before production.
- Questions: [email protected].
1. Agreement to these terms
These Terms of Service (“Terms”) govern your use of nativehearttee.com (the “site”) and every purchase you make from it. By browsing the site or placing an order, you agree to these Terms together with the policies they refer to: our Shipping & Delivery page, our Returns & Exchanges Policy, our Refund Policy, our Cancel or Change an Order page and our Privacy Policy. If you do not agree, please do not use the site.
In these Terms, “we”, “us” and “our” mean Nativehearttee, the business that operates Native Heart Tee. “You” means the person using the site or placing an order. If you place an order on behalf of a company or organisation, you confirm that you are authorised to accept these Terms for it.
2. Eligibility and accounts
You must be at least 18 years old, or the age of majority where you live, to place an order. You may browse and check out as a guest or create an account. If you create an account, you are responsible for keeping your password private and for activity on your account. Tell us promptly if you believe someone has used your account without permission. We may suspend or close accounts used for fraud, abuse, or repeated breaches of these Terms.
3. Our products
Made to order
Every item is produced after you order it by print partners in the United States. Because each piece is printed individually, small variations from the product images are normal: print placement may move by a small amount, all-over prints meet seams differently on each garment, and colours can look slightly different on different screens. These variations are not defects. Items that are misprinted, damaged or materially different from their description are covered by our returns and refund policies.
Designs and cultural respect
Our artwork is inspired by North American landscapes, wildlife and motifs associated with Native cultures, created as nature art for everyday wear. We do not claim that our products are made by Native American artists or by members of any tribe, and we do not use the names, seals or marks of any tribal nation. If you believe a design is inappropriate or uses protected imagery, please tell us; we review every such message carefully.
Descriptions and sizing
We try to describe every product accurately, including materials, care and sizing. Measurements and fit guidance are on our Size Guide. If you are unsure, ask us before ordering. Where a product page gives specific measurements or materials for a product, that information takes priority over general guidance.
4. Prices and payment
All prices are shown in US dollars. Standard shipping to our four selling countries is free. Prices do not include import duties or taxes that may be charged by customs in Canada, Australia or New Zealand; those are payable by the recipient as explained on our Shipping & Delivery page. Where US sales tax applies, it is shown at checkout before you pay.
We accept the payment methods shown at checkout. Payments are processed by a third-party payment provider; your card or account details are entered on its secure systems and are not stored by us. By submitting payment, you confirm that you are authorised to use the payment method.
We work hard to show correct prices. If a product is listed at an obviously wrong price because of a technical or typing error, we may cancel orders placed at that price and refund them in full, even after confirmation. We will tell you before cancelling and, if you wish, you can order again at the correct price.
5. How a contract is formed
When you place an order, you make an offer to buy the items in your cart. We send an order confirmation email when we receive it; this confirms that your order has arrived, not that it has been accepted. The contract is formed when we start production of your order or send you a shipping confirmation, whichever comes first. We may decline an order before that point, for example if an item cannot be produced, a payment check fails, or the delivery address is outside our selling countries. If we decline an order after you have paid, we refund the full amount.
6. Personalised items
Some products let you add your own text. You are responsible for the content you submit and for its spelling. You confirm that your text does not infringe anyone’s rights, is not unlawful, hateful, harassing or obscene, and does not use another business’s trademarks. We may refuse to print text that breaks these rules and will refund the order if we do. We print text exactly as typed; mistakes in submitted text are not defects, as explained in our Returns & Exchanges Policy.
7. Shipping, risk and title
We ship to the address you enter at checkout using the carriers we select. Delivery times are estimates. Ownership of the items passes to you when we hand them to the carrier; risk of loss passes to you on delivery. If a parcel is lost or damaged before delivery, we handle the claim with the carrier and reship or refund as described on our Shipping & Delivery and Refund Policy pages.
8. Cancellations, returns and refunds
You may cancel or change an order within 24 hours of placing it, as long as production has not started. You may return any item within 60 days of delivery. Approved refunds are issued to your original payment method within 7 days. There are no restocking fees. Return postage is paid by us when we made a mistake and by you for a change of mind. The full rules are in the policies linked above; they form part of these Terms.
9. Intellectual property
All content on the site, including designs, artwork, logos, the Native Heart Tee name, text and page layout, belongs to us or our licensors and is protected by copyright and trademark law. Buying a product gives you ownership of that physical item, not of the design printed on it. You may not copy, reproduce, resell as designs, or use our artwork or text without written permission. How we handle claims that something on our site infringes someone else’s rights is explained in our Intellectual Property Policy and our DMCA page.
10. Acceptable use of the site
You agree not to: use the site for anything unlawful; attempt to access accounts or systems that are not yours; interfere with the site’s security or performance, including through automated scraping that places an unreasonable load on it; place orders with stolen payment details; submit false damage claims; or post or send content that is abusive, defamatory or infringing. We may block access or cancel orders connected with such activity.
11. Reviews and messages you send
If we add customer reviews in the future and you submit one, it must be honest and based on your own experience. You give us a non-exclusive licence to display it on the site. We do not edit reviews to change their meaning, and we do not publish fake reviews. Photos and messages you send to support are used only to help you, as explained in our Privacy Policy.
12. Warranties
We promise that items will match their descriptions and be free from printing and manufacturing defects when delivered, and we stand behind that promise with the remedies in our returns and refund policies. Apart from those promises and any warranties the law requires, products are provided as described, without other express warranties. Nothing in these Terms excludes or limits any guarantee or right you have under consumer law that cannot be excluded, including the consumer guarantees under the Australian Consumer Law, New Zealand’s Consumer Guarantees Act and Canadian provincial consumer protection laws.
13. Limitation of liability
To the extent the law allows, our total liability for any claim arising from an order is limited to the amount you paid for that order. We are not liable for indirect or consequential losses, such as a missed event or lost profits, that were not reasonably foreseeable when you ordered. This section does not limit liability that cannot be limited by law, such as liability for death or personal injury caused by negligence, or for fraud.
14. Events outside our control
We are not responsible for delays or failures caused by events beyond our reasonable control, including severe weather, natural disasters, carrier or customs disruptions, power or internet outages, labour disputes or government action. We will tell you if your order is affected and offer a cancellation and refund when an item cannot be delivered within a reasonable time.
15. Links to other websites
The site and our emails may link to carrier tracking pages and other services. We are not responsible for the content or practices of those websites.
16. Governing law and disputes
These Terms are governed by the laws of the State of California, United States, without regard to its conflict-of-laws rules, except where the law of your country or state gives you the right to rely on its consumer protection laws. Before starting any formal claim, please contact us so we can try to resolve the problem; most issues are fixed within a few emails. If a dispute cannot be resolved informally, it may be brought in the courts with jurisdiction over Morro Bay, California, or in the courts of your place of residence where consumer law gives you that right.
17. Changes to these Terms
We may update these Terms from time to time, for example when we add a new product type, payment method or selling country. The date at the top shows the current version. The Terms in force when you placed an order apply to that order.
18. Severability and entire agreement
If any part of these Terms is found unenforceable, the rest remains in effect. These Terms and the policies they refer to are the entire agreement between you and us about your use of the site and your orders. If we do not enforce a right immediately, we have not waived it.
19. Contact
Email [email protected] or write to Nativehearttee, 160 Azure St., Morro Bay, CA 93442, United States. We reply to email within 1 business day. Our Contact Us and Help Center pages explain the quickest way to reach us for each type of question.