Terms of Use

Welcome to Whitfield Mercantile. These Terms of Use (the "Terms") govern your use of thewellverdict.com (the "Site") and any orders you place with us through the Site, by email, or in store. Please read them carefully.

1. Agreement to these terms

By accessing or using the Site, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, please do not use the Site.

You must be at least 18 years old, or the age of majority where you live, to place an order with us. If you use the Site on behalf of a business or organization, you confirm that you have authority to bind it to these Terms.

2. Who we are

Whitfield Mercantile ("we", "us", "our") is a family-owned general store located in South Austin, Texas, United States. You can reach us at megan@thewellverdict.com.

3. Using the Site

We grant you a limited, non-exclusive, non-transferable license to access and use the Site for personal, non-commercial purposes in accordance with these Terms. You agree not to:

• Use the Site in any way that violates applicable law or these Terms.
• Copy, scrape, harvest or collect content or data from the Site by automated means without our written permission.
• Interfere with the security or operation of the Site, or attempt to gain unauthorized access to any systems or data.
• Upload or transmit viruses, malware or any other harmful code.
• Impersonate us, our staff or any other person, or misrepresent your affiliation with anyone.
• Use the Site to send spam or unsolicited commercial messages.
• Frame, mirror or reproduce any part of the Site on another website without our permission.

We may suspend or terminate your access to the Site at any time if we believe you have violated these Terms.

4. Products, pricing and availability

The Site describes the kinds of products we carry. Our inventory changes often, and many of our items are made in small batches by independent makers. As a result:

• Product descriptions and images on the Site or on our social media are for general information and may not reflect current stock, exact colors, sizes or finishes. Handmade items vary slightly from piece to piece.
• All prices are in U.S. dollars, exclude applicable sales tax, and may change without notice. Prices shown on the Site or on social media are not an offer; the price charged is the price confirmed at the time of purchase.
• Availability is not guaranteed until an order is confirmed by us. We may limit quantities and may cancel any order if a product is unavailable or has been listed at an incorrect price, in which case we will notify you and refund any amount paid.

5. Orders, pickup, delivery and shipping

Orders may be placed in store, by email, or through other ordering methods we make available. An order is accepted only when we confirm it. We reserve the right to refuse or cancel any order for any lawful reason.

• In-store pickup. We will let you know when your order is ready. Orders not picked up within a reasonable time may be returned to stock and refunded, less any applicable fees.
• Local delivery. Available within the Austin area for eligible orders. Delivery windows are estimates and may be affected by weather, traffic and other conditions beyond our control.
• Shipping. We ship within the United States. Shipping charges, carriers and estimated delivery times will be provided when you place your order. Risk of loss and title pass to you when we hand the package to the carrier. Please inspect packages on arrival and contact us promptly about any damage so we can help.
• Gift wrapping and messages. We will do our best to follow your instructions but cannot guarantee specific paper, ribbon or card designs.

6. Returns and exchanges

We want you to love what you take home. Our current return and exchange policy, including any time limits, condition requirements and items that cannot be returned (for example, seasonal, sale, personalized or hygiene-related items), is provided at the time of purchase and available on request by emailing megan@thewellverdict.com. Nothing in this section limits any rights you may have under applicable law.

7. Intellectual property

The Site and its content — including text, photographs, graphics, logos, the Whitfield Mercantile name and the overall look and feel of the Site — are owned by us or our licensors and are protected by copyright, trademark and other laws. You may not use, reproduce, modify or distribute any of this content without our prior written permission, except as needed to view the Site for personal use.

Product names, maker names and brands mentioned on the Site belong to their respective owners and are used for identification only.

8. Third-party links and affiliate disclosure

The Site may contain links to websites, makers, products or services operated by third parties. We provide these links for convenience only; we do not control those sites and are not responsible for their content, policies or practices.

Affiliate disclosure. Some links on the Site or on our social media may be affiliate links. If you click an affiliate link and make a purchase, we may earn a small commission at no additional cost to you. We only recommend products we genuinely like, and any affiliate relationship does not influence the price you pay. This disclosure is made in accordance with the U.S. Federal Trade Commission's guidelines on endorsements.

9. Messages and feedback

If you send us questions, comments, suggestions, reviews or other feedback (by email, on social media or otherwise), you agree that we may use that feedback to improve the shop and, where appropriate, share it publicly (for example, quoting a review), without any obligation to you. Please do not send us any confidential or proprietary information.

10. Disclaimers

THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY INFORMATION ON THE SITE IS COMPLETE, ACCURATE OR CURRENT.

Products we sell may come with warranties from their makers; those warranties, if any, are provided by the maker and not by us unless we state otherwise in writing. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

11. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WHITFIELD MERCANTILE AND ITS OWNERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR ANY PRODUCTS PURCHASED FROM US, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SITE OR A PURCHASE WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THE PRODUCT OR ORDER GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS GREATER. Some jurisdictions do not allow the limitation of liability for certain damages, so some of the above limitations may not apply to you.

12. Indemnification

You agree to defend, indemnify and hold harmless Whitfield Mercantile and its owners, employees and agents from any claims, damages, losses and expenses (including reasonable attorneys' fees) arising out of your violation of these Terms, your misuse of the Site, or your violation of any law or the rights of a third party.

13. Governing law and disputes

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-law rules. Any dispute arising out of or relating to these Terms or the Site will be brought exclusively in the state or federal courts located in Travis County, Texas, and you consent to the personal jurisdiction of those courts. Nothing in this section prevents either party from bringing a claim in small claims court where it qualifies.

Before filing any claim, we ask that you contact us first so we can try to resolve the issue informally. We'll do the same.

14. Changes to these terms

We may update these Terms from time to time. When we do, we will change the "Last updated" date at the top of this page. Changes take effect when posted. Your continued use of the Site after a change means you accept the revised Terms. If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect.

15. Contact us

Questions about these Terms? Get in touch.