TERMS of SERVICE & STORE POLICIES

Welcome to our website. These Terms of Service govern your use of our website and purchases from Shallowater, LLC.

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1. WEBSITE ELIGIBILITY & PURCHASE COMMITMENTS

In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right, and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

When buying an item from our storefront, you agree that:

• (i) You are responsible for reading the full item listing before making a commitment to buy it.

• (ii) You enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

Further, you agree to do any and all due diligence in verifying that a product is appropriate and safe for you and/or any intended recipient of the product(s) you are purchasing and that you, as well as all intended users and/or recipients, know how to properly use and/or operate the product(s).

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2. ORDER CANCELLATION POLICY

Order Cancellation by Company. Shallowater, LLC reserves the right to refuse, limit, or cancel any order placed on our website at any time and for any reason, in our sole discretion. Reasons for cancellation may include, but are not limited to, limitations on available inventory, inaccuracies or errors in product description or pricing information, system glitches, or identification of potential fraud. If your order is canceled by us after your payment has been processed, a full refund of the purchase price will be issued promptly to your original method of payment. You will be notified via the email address provided at checkout if any portion of your order is canceled.

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3. LIMITATION OF LIABILITY & EXCLUSION OF DAMAGES

Limitation of Liability and Exclusion of Damages. To the maximum extent permitted by applicable law, in no event shall Shallowater, LLC be liable to the consumer or any third party for any indirect, incidental, special, punitive, exemplary, or consequential damages whatsoever arising out of or connected with the purchase, use, delivery, cancellation, or performance of any products sold on this site. This includes, without limitation, property damage, personal injury, loss of use, or delivery delays, even if we have been advised of the possibility of such damages.

Our total liability to you for any direct damages arising from a product purchase shall be strictly limited to the actual purchase price paid by you for that specific product. Because some states or jurisdictions do not allow the exclusion or limitation of liability for personal injury or consequential damages, some or all of the above limitations may not apply to you. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.

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4. INDEMNIFICATION & HOLD HARMLESS

Indemnification. To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Shallowater, LLC, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or in any way connected to your purchase, misuse, or distribution of any products obtained through this website, or any violation by you of these terms.

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5. SHIPPING DAMAGE & INSPECTION POLICY

We take great care in partnering with reliable shipping carriers, but damage can occasionally occur during transit.

• Mandatory Inspection: You must inspect all packaging and items immediately upon delivery.

• Strict 24-Hour Reporting Window: Any damage, shortages, or defects must be reported to our customer service team within 24 hours of delivery.

• Evidence Required: To process a transit claim, please take clear photos of both the damaged product and the external packaging before unpacking completely. Retain all packaging until carrier has had an opportunity to inspect the items and packaging.  Send these photos along with your order number to info@shallowaterhome.com.   Put your order # in the subject line.  

• Carrier Requirements: Failure to report damage within this 24-hour window or disposal of the original packaging before a claim is reviewed will void our ability to file a claim with the carrier. Consequently, we will be unable to offer a replacement, exchange, or refund.​

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6. PRODUCT RETURNS

We want you to love your home goods. If you are not completely satisfied, you may return eligible items within 14 days of delivery under the following conditions:

• Condition: Items must be in their original, unused condition and packed securely in their original packaging.

• Furniture, limited edition art, open-box, customized, or clearance items are final sale and cannot be returned.

• Return Shipping Costs & Freight Warning: The customer is strictly responsible for all return shipping arrangements, logistics, and costs. We do not generate or provide return shipping labels. Shipping fees paid on the original order are non-refundable. Please be advised that return shipping for large or heavy items via freight carriers can be exceptionally expensive and may cost hundreds of dollars. We highly recommend using a trackable shipping service and purchasing shipping insurance, as we cannot guarantee or assume liability if your returned item is lost or damaged in transit.

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7. THIRD-PARTY MANUFACTURER & PRODUCT LIABILITY POLICY​

• ​Third-Party Manufacturer Warranties & Product Liability: Because we retail curated products from third-party brands, Shallowater, LLC does not manufacture these goods, has no control over their design or production, and provides no independent product warranties. We make no representations, guarantees, or warranties regarding the safety, testing, compliance, or structural integrity of any product(s) sold on this site. Please note that we are resellers and, as such, we do not have the ability to verify or confirm the fitness of all items for sale. It is the consumer's responsibility to educate themselves on products prior to purchasing to ensure the products are correct and safe for them and their family, friends, or whomever their intended receiver of the product shall be. The customer's exclusive recourse for product safety claims, recalls, or design defects lies solely with the third-party brand. Any and all claims, liabilities, injuries, property damage, or losses arising from the use, failure, or operation of a product are the sole and exclusive responsibility of the original manufacturer. Shallowater, LLC assumes no responsibility or liability for manufacturer products. By purchasing any product through this website, the customer explicitly acknowledges and agrees to this provision.

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8.  INTELLECTUAL PROPERTY

All content included on this website, such as text, graphics, logos, button icons, images, digital downloads, data compilations, and software, is the exclusive property of [Your Company Name] or its content suppliers and is protected by United States and international copyright, trademark, and intellectual property laws. You may not copy, reproduce, distribute, or modify any portion of this site without our express written consent.

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9. GOVERNING LAW & DISPUTE RESOLUTION

These terms and conditions and any dispute of any sort that might arise between you and Shallowater, LLC shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law principles. Any legal action, suit, or proceeding arising out of or relating to these terms shall be instituted exclusively in the state courts located in Routt County, Colorado, or the United States District Court for the District of Colorado located in Denver, Colorado, and you hereby consent to the personal jurisdiction and venue of such courts.

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10. SEVERABILITY & ENTIRE AGREEMENT

Severability. If any provision of these Terms of Service is found to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

​Entire Agreement. These Terms of Service constitute the entire agreement between you and Shallowater, LLC governing your store purchases, superseding any prior written or oral agreements, statements, or representations by our customer support agents or company representatives.