Terms of service

TERMS OF SERVICE

Last updated: August 13, 2026

OVERVIEW

This website is operated by Fair Winds Clothing. Throughout these Terms of Service, the terms “we,” “us,” and “our” refer to Fair Winds Clothing.

Fair Winds Clothing offers this website, including the information, tools, products, and services available through it, to you conditioned upon your acceptance of these Terms of Service and all other policies posted on our website.

By visiting our website, creating an account, placing an order, or otherwise using our website or services, you agree to these Terms of Service and our Privacy Policy. If you do not agree, you should not access or use our website or services.

Please read these Terms carefully. They contain important information regarding your legal rights, remedies, and obligations, including limitations of liability and disclaimers of warranties.

SECTION 1 — ELIGIBILITY AND ACCOUNTS

By using our website, you represent that you are at least the age of majority in your state or jurisdiction of residence or that you have given permission for a minor dependent to use the website under your supervision.

You may be asked to provide information such as your name, email address, billing address, shipping address, and payment information. You represent that the information you provide is accurate, current, and complete and that you have the right to provide it.

You are responsible for maintaining the confidentiality of your account credentials and for activity occurring through your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 — PRODUCTS AND PRODUCT INFORMATION

We make reasonable efforts to display our products, colors, artwork, sizing, and other details accurately. However, colors and product appearance may vary depending on your device, screen settings, manufacturing process, garment style, or printing method.

Product images may include digital mockups intended to show the approximate placement and appearance of a design. Minor differences in color, positioning, scale, garment construction, or print appearance are not necessarily defects.

Sizing may vary between garment brands and styles. Customers are responsible for reviewing the applicable size information before ordering.

We reserve the right to change product descriptions, prices, specifications, availability, and other information at any time without notice. We may discontinue products or limit quantities offered to any person, household, geographic region, or jurisdiction.

We do not warrant that a purchased product’s color or appearance will be identical to how it appears on your screen.

SECTION 3 — ORDERS

Placing an order constitutes an offer to purchase. An order is not accepted until we confirm its acceptance and successfully process payment.

We reserve the right to accept, reject, limit, or cancel an order for legitimate business reasons, including suspected fraud, pricing or inventory errors, unauthorized resale, payment problems, or product unavailability.

If we change or cancel an order, we will attempt to notify you using the email address, billing address, shipping address, or telephone number provided with the order.

Please review your order carefully before submitting it. Some products may be printed or produced after an order is placed, and cancellation or modification may not be possible after production begins.

Purchases are subject to our Refund Policy:

https://fairwindsclothing.com/policies/refund-policy

You represent that products purchased through our website are for personal or household use and not for unauthorized commercial resale or export.

SECTION 4 — PRICES, PAYMENTS, AND BILLING

Prices, promotions, and discounts may change without notice. Unless otherwise stated, prices do not include taxes, shipping charges, customs duties, import fees, or other applicable charges.

The amount charged will be the price displayed when the order is submitted, subject to correction of clear pricing or technical errors.

You agree to provide accurate and complete billing and payment information. You represent that you are authorized to use the payment method provided and that all charges incurred through that payment method will be honored.

Discount codes must be entered before checkout is completed. Unless expressly stated otherwise, discount codes cannot be combined, applied retroactively, exchanged for cash, or used after expiration.

SECTION 5 — SHIPPING AND DELIVERY

Shipping and delivery timeframes are estimates and are not guaranteed. Production time and shipping time are separate and may vary depending on the product, destination, carrier, order volume, weather, holidays, or circumstances beyond our control.

We are not responsible for carrier delays, customs delays, incorrect or incomplete addresses supplied by the customer, or other events outside our reasonable control.

Customers are responsible for entering a complete and accurate delivery address. Additional shipping charges resulting from an incorrect or incomplete address may be the customer’s responsibility.

Where permitted by applicable law, title and risk of loss pass to the customer when the order is transferred to the shipping carrier.

Additional information is available in our Shipping Policy:

https://fairwindsclothing.com/policies/shipping-policy

SECTION 6 — RETURNS, REFUNDS, AND EXCHANGES

Returns, refunds, replacements, and exchanges are governed by our Refund Policy:

https://fairwindsclothing.com/policies/refund-policy

Because certain products may be produced specifically for an order, eligibility for returns or exchanges may depend on the circumstances described in that policy.

Nothing in these Terms limits any non-waivable rights available to you under applicable consumer-protection law.

SECTION 7 — INTELLECTUAL PROPERTY

The website and its content—including Fair Winds Clothing’s name, logos, artwork, designs, product graphics, photographs, text, video, audio, layout, and overall presentation—are owned by or licensed to Fair Winds Clothing and are protected by applicable copyright, trademark, and other intellectual-property laws.

You may use the website only for personal, noncommercial purposes. Without our prior written authorization, you may not reproduce, copy, distribute, modify, publish, display, sell, license, create derivative works from, or commercially exploit our content or designs.

Fair Winds Clothing’s names, logos, product names, artwork, designs, and slogans may be trademarks or protected creative works. No license or ownership interest is granted to you except the limited right to use the website in accordance with these Terms.

Third-party names, logos, products, and services appearing on the website remain the property of their respective owners.

SECTION 8 — OPTIONAL TOOLS AND THIRD-PARTY SERVICES

We may provide access to tools, applications, payment services, or other functionality supplied by third parties. We do not necessarily control or monitor these third-party services.

Third-party services are provided subject to the applicable provider’s own terms and policies. Your use of them is at your discretion and risk.

We may introduce new tools, features, products, or services in the future. These additions will also be subject to these Terms unless separate terms are provided.

SECTION 9 — THIRD-PARTY LINKS

Our website may contain links to websites or services operated by third parties. We are not responsible for examining or guaranteeing the accuracy, security, availability, or content of third-party websites.

If you follow a third-party link, you do so at your own discretion. We are not responsible for damages or losses related to your use of or reliance upon third-party websites, products, or services.

Questions or complaints concerning a third-party product or service should be directed to the applicable provider.

SECTION 10 — RELATIONSHIP WITH SHOPIFY

Our online store and certain related services are hosted and supported by Shopify.

Purchases made through our store are transactions directly between you and Fair Winds Clothing. Shopify is not the seller of Fair Winds Clothing products and is not responsible for the products offered or for fulfilling our obligations to you.

Shopify may process information relating to your use of our store as described in our Privacy Policy and Shopify’s applicable privacy documentation.

SECTION 11 — PRIVACY

Our collection, use, storage, and disclosure of personal information are governed by our Privacy Policy:

https://fairwindsclothing.com/policies/privacy-policy

Because our online store is hosted by Shopify, information submitted through the store may be collected, transmitted, stored, or processed by Shopify and other service providers as necessary to operate the store, process transactions, prevent fraud, fulfill orders, and provide related services.

Shopify’s Consumer Privacy Policy is available at:

https://www.shopify.com/legal/privacy/app-users

By using our services, you acknowledge that you have reviewed our Privacy Policy.

SECTION 12 — REVIEWS, FEEDBACK, AND SUBMISSIONS

If you submit a review, photograph, suggestion, idea, comment, or other content to us, you represent that you have the right to submit it and that it does not violate another person’s rights or applicable law.

You grant Fair Winds Clothing a nonexclusive, worldwide, royalty-free license to use, reproduce, modify, publish, display, and distribute submitted content for operating, improving, and promoting our business and products, subject to applicable privacy law.

You agree that your submission will not be unlawful, abusive, defamatory, deceptive, obscene, infringing, or harmful and will not contain malicious software.

We may monitor, edit, decline to publish, or remove submitted content when permitted by law. We are not obligated to keep nonconfidential feedback confidential, compensate you for it, or respond to it.

SECTION 13 — ERRORS AND INACCURACIES

Our website may occasionally contain typographical errors, inaccuracies, or omissions involving product descriptions, images, prices, promotions, shipping charges, delivery estimates, or availability.

We reserve the right to correct errors, update information, or cancel affected orders at any time, including after an order has been submitted. If an order is canceled after payment has been collected, the appropriate amount will be refunded.

SECTION 14 — PROHIBITED USES

You may not use our website or services:

  1. For an unlawful, fraudulent, deceptive, or malicious purpose.
  2. To violate applicable local, state, federal, or international law.
  3. To infringe our intellectual-property rights or those of another party.
  4. To harass, threaten, abuse, defame, discriminate against, or harm another person.
  5. To submit false, misleading, or fraudulent information.
  6. To transmit malware, viruses, or other harmful code.
  7. To collect or track another person’s information unlawfully.
  8. To spam, phish, scrape, crawl, or interfere with the website’s operation or security.
  9. To impersonate another person or entity.
  10. To circumvent security features or access restrictions.
  11. To reproduce, resell, or exploit the website or its content without authorization.
  12. To engage in conduct that restricts or interferes with another person’s use of the website.

We may suspend or terminate access when we reasonably believe these Terms have been violated.

SECTION 15 — TERMINATION

We may suspend or terminate access to our services when permitted by law, including when these Terms are violated or use of the website creates a security, legal, or operational risk.

Obligations and liabilities incurred before termination remain effective afterward. Provisions that reasonably should survive termination—including intellectual property, disclaimers, limitations of liability, indemnification, governing law, and privacy provisions—will continue to apply.

SECTION 16 — DISCLAIMER OF WARRANTIES

To the fullest extent permitted by applicable law, the website, services, and products are provided “as is” and “as available,” except for any express warranties stated by Fair Winds Clothing or rights that cannot legally be excluded.

We do not guarantee that access to the website will always be uninterrupted, timely, secure, or error-free. We do not warrant that every error will be corrected or that every product will satisfy subjective preferences.

Some jurisdictions do not permit certain warranty exclusions. In those jurisdictions, the exclusions apply only to the maximum extent legally permitted.

SECTION 17 — LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Fair Winds Clothing and its owners, employees, agents, contractors, service providers, licensors, and affiliates will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages—including lost profits, lost revenue, lost savings, or lost data—arising from your use of the website, services, or products.

Where liability cannot legally be excluded, our liability will be limited to the maximum extent permitted by law.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limits any mandatory consumer rights.

SECTION 18 — INDEMNIFICATION

To the extent permitted by law, you agree to indemnify and hold harmless Fair Winds Clothing and its owners, employees, agents, contractors, service providers, licensors, and affiliates from third-party claims, liabilities, losses, damages, and reasonable costs arising from:

  1. Your material breach of these Terms.
  2. Your violation of applicable law.
  3. Your infringement of another party’s rights.
  4. Your misuse of the website or services.

This obligation does not apply to the extent a claim results from our own unlawful conduct, negligence, or breach of these Terms.

SECTION 19 — SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted or severed if necessary. The remaining provisions will remain in effect.

SECTION 20 — WAIVER AND ENTIRE AGREEMENT

Our failure to enforce a provision of these Terms does not waive our right to enforce it later.

These Terms, together with our Privacy Policy, Refund Policy, Shipping Policy, and other policies posted on our website, constitute the agreement between you and Fair Winds Clothing regarding your use of our website and services.

SECTION 21 — ASSIGNMENT

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

We may transfer or assign our rights and obligations in connection with a merger, acquisition, sale, reorganization, or transfer of the business, subject to applicable law.

SECTION 22 — GOVERNING LAW

These Terms are governed by the laws of the State of Florida and applicable federal law, without regard to conflict-of-law principles.

To the extent permitted by law, disputes will be resolved in courts having jurisdiction in or serving Okaloosa County, Florida.

Nothing in this section deprives a consumer of protections or remedies that cannot lawfully be waived.

SECTION 23 — CHANGES TO THESE TERMS

We may update these Terms periodically by posting a revised version on this page. The “Last updated” date will indicate when the latest revision took effect.

When required by law, we will provide additional notice of material changes. Your continued use of the services after revised Terms take effect constitutes acceptance of the revisions to the extent permitted by law.

SECTION 24 — CONTACT INFORMATION

Questions about these Terms of Service may be sent to:

Fair Winds Clothing
Email: Info@fairwindsclothing.com
Crestview, Florida 32536
United States