Terms of Service

Last Updated: October 26, 2023

Welcome to BERTHA C SMOOT. This document outlines the terms and conditions governing your use of our website and the purchase of our natural dye fabric and sustainable textile products and eco dyeing services. By accessing or using our website, you agree to comply with and be bound by these terms. Please read them carefully.

Table of Contents

1. Introduction

This agreement (the "Terms") constitutes a legally binding contract between you and BERTHA C SMOOT, located at 4625 BLAGDEN AVE NW, WASHINGTON, DC 20011, USA. These Terms govern your access to and use of BERTHA C SMOOT's website and all products and services offered through it, including but not limited to natural dye fabric, plant dyed scarf, botanical dye, indigo shibori, eco dyeing, hand dyed silk, foraged color, slow textile, and sustainable fabric items. Your agreement to these Terms is a condition precedent to your use of our services. If you do not agree to all the Terms, you may not access the website or use any services.

2. Use of Website

2.1 Permitted Use: You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use our website for personal, non-commercial purposes, specifically to learn about, browse, and purchase our natural dyed textiles and eco dyeing services. Any other use, including but not limited to reproduction, distribution, display, or transmission of the content of this site, is strictly prohibited unless expressly authorized by BERTHA C SMOOT.

2.2 Intellectual Property Rights: All content on this website, including text, graphics, logos, images, audio clips, digital downloads, and data compilations, is the property of BERTHA C SMOOT or its content suppliers and protected by United States and international copyright laws. The BERTHA C SMOOT name and logo are trademarks of BERTHA C SMOOT. You may not use any of our trademarks without prior written permission.

2.3 Prohibited Conduct: You agree not to use the website for any unlawful purpose or in any way that might harm, disable, overburden, or impair the site or interfere with any other party's use and enjoyment of the site. This includes, without limitation, attempting to gain unauthorized access to any part of the website, other accounts, computer systems, or networks connected to BERTHA C SMOOT's server.

3. Products and Sales

3.1 Product Descriptions: We strive to be as accurate as possible in the descriptions of our natural dye fabric and sustainable textiles. However, due to the artisanal nature of plant dyed scarf, indigo shibori, hand dyed silk, and foraged color processes, variations in color, texture, and pattern are inherent and considered characteristics of our unique, slow textile products. These natural variations are not considered defects but rather enhance the individuality and beauty of each item. We cannot guarantee that your device's display of any color will be accurate.

3.2 Pricing: All prices for botanical dye products and eco dyeing services are listed in USD and are subject to change without notice. Applicable taxes and shipping fees will be added to your order as per Section 4.

3.3 Payment: We accept various payment methods, which will be specified at checkout. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge your payment method for the total amount of your order (including any applicable taxes and shipping fees).

4. Shipping Policy

4.1 Processing Times: Orders for in-stock natural dyed textiles typically process within 3-5 business days. Custom eco dyeing projects will have processing and shipping times outlined in your service agreement. We will communicate any significant delays.

4.2 Shipping Methods: We ship within the United States. Shipping costs and estimated delivery times will be calculated at checkout based on your location and chosen shipping method. We generally use standard carriers (e.g., USPS, FedEx, UPS) for reliable delivery.

4.3 International Shipping: Currently, BERTHA C SMOOT primarily serves customers within the United States. For international shipping inquiries for our earth tones textile products, please contact us directly at tweber29@hotmail.com to discuss feasibility and specific terms.

4.4 Risk of Loss: All items purchased from BERTHA C SMOOT are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

5. Returns and Refunds

5.1 One-of-a-Kind Items: Given the unique, handcrafted nature of our natural dye fabric and plant dyed scarf products, all sales are final for these one-of-a-kind items unless they arrive damaged or there is a demonstrable error on our part regarding the order (e.g., wrong item shipped).

5.2 Damaged Goods Procedure: If your sustainable fabric order arrives damaged, please contact us within 48 hours of receipt at tweber29@hotmail.com, providing clear photographic evidence of the damage to both the packaging and the item. We will review your claim and, if approved, offer a replacement (if available and feasible) or a refund. We may require the damaged item to be returned at our expense.

5.3 Eco Dyeing Services: Refunds for custom eco dyeing services are handled on a case-by-case basis and will be detailed in your individual service agreement. Typically, deposits are non-refundable once work has commenced.

5.4 Processing Refunds: Approved refunds will be processed to the original method of payment within 7-10 business days.

6. Custom Eco Dyeing Services

6.1 Collaborative Work: Engaging in custom eco dyeing or botanical dye services involves a collaborative process. We will work closely with you to understand your vision, discuss dye possibilities, and manage expectations regarding natural color outcomes and fabric suitability.

6.2 Sampling: For significant custom projects, sampling may be recommended or required. The terms and costs associated with sampling will be mutually agreed upon and outlined before commencement of full production.

6.3 Payment Schedules: Custom orders for our earth tones textile creations typically require an upfront deposit, with the remaining balance due upon completion or prior to shipping. Specific payment milestones will be clearly communicated before work begins.

6.4 Timelines: Project timelines are estimates and depend on factors such as dye availability, drying times, and current workload. We will keep you regularly updated on the progress of your custom hand dyed silk or other projects.

7. Limitation of Liability

In no event shall BERTHA C SMOOT, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

8. Governing Law

These Terms shall be governed and construed in accordance with the laws of Washington, DC, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

9. Contact Information

For any questions regarding these Terms of Service or our natural dye fabric processes, please contact us:

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