Terms of service
TERMS OF SERVICE
Effective Date: September 26, 2026
These Terms of Service (“Terms”) govern your access to and use of The Fleming Collective website, online store, products, digital products, content, and related services.
By accessing our website, placing an order, creating an account, or purchasing or using our products or services, you agree to these Terms and our other posted policies.
If you do not agree with these Terms, please do not use our website or purchase our products or services.
1. OUR RIGHT TO REFUSE SERVICE
To the extent permitted by law, The Fleming Collective reserves the right to refuse or discontinue service, restrict website access, cancel orders, or close customer accounts when reasonably necessary because of suspected fraud, abuse, harassment, policy violations, payment disputes, security concerns, unlawful activity, or misuse of our services.
2. PRODUCT INFORMATION
We make reasonable efforts to provide accurate photographs, descriptions, measurements, colors, pricing, and other product information.
Actual product colors may vary due to computer and mobile displays, printing processes, materials, manufacturing differences, lighting, and other factors.
Minor differences in printing, positioning, color, sizing, texture, or appearance that are normal for the applicable production process are not necessarily product defects.
3. PRICES
Prices, discounts, promotions, products, and availability may change without prior notice.
If a product is accidentally listed with an incorrect price, description, promotion, or other material error, we reserve the right to correct the error or cancel the affected order to the extent permitted by law.
If we cancel an order after collecting payment, we will refund the applicable amount paid for the canceled order.
4. ORDERS
Submitting an order does not guarantee that the order will be accepted or fulfilled.
We may cancel or limit orders when reasonably necessary because of inventory shortages, suspected fraud, payment problems, incorrect pricing, technical errors, unauthorized resale activity, security concerns, or other legitimate business reasons.
Customers are responsible for providing complete and accurate contact, billing, and shipping information.
5. ORDER CANCELLATIONS & CHANGES
Orders may enter production or fulfillment shortly after being placed.
Once an order has entered production, fulfillment, customization, or shipping, we may be unable to cancel or modify it.
Custom, personalized, made-to-order, and print-on-demand products may not be canceled once production has begun.
6. SHIPPING & DELIVERY
Shipping and delivery dates are estimates unless expressly guaranteed in writing.
The Fleming Collective is not responsible for carrier delays or other delays outside our reasonable control, including severe weather, transportation interruptions, holidays, customs delays, natural disasters, labor disruptions, or incorrect customer-provided addresses.
Customers are responsible for providing an accurate and deliverable shipping address.
Additional shipping charges resulting from an incorrect or incomplete address, refused shipment, or customer-requested reshipment may be the customer's responsibility where permitted by law.
Nothing in this section eliminates rights or responsibilities that applicable law places on the seller.
7. 14-DAY RETURN POLICY
Eligible regular-priced merchandise may be considered for return only when the customer contacts The Fleming Collective within 14 calendar days after receiving the order.
To qualify for a return:
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The item must be unused, unworn, unwashed, unaltered, and in its original condition.
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Original tags and packaging should be included when applicable.
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Proof of purchase or an order number may be required.
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The customer must follow the return instructions provided by The Fleming Collective.
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Items that do not meet our return requirements may be refused to the extent permitted by applicable law.
A return request made after the 14-day return period may be denied except where applicable law provides otherwise.
8. RETURN SHIPPING
Except for qualifying defective, damaged, or incorrectly supplied merchandise, customers are responsible for return shipping costs.
Original shipping and delivery charges are generally non-refundable except where required by law or where the return results from our error.
Customers should use a trackable shipping method. To the extent permitted by law, customers bear responsibility for properly packaging and shipping authorized returns until they are delivered to the designated return location.
9. SALE ITEMS — FINAL SALE
ALL SALE, CLEARANCE, DISCOUNTED, CLOSEOUT, AND ITEMS MARKED “FINAL SALE” ARE FINAL SALE.
Except where applicable law requires otherwise, these items are not eligible for return, exchange, store credit, or refund.
A promotional or discounted price makes an item final sale when our website or offer identifies the purchase as subject to this final-sale policy.
This final-sale restriction does not eliminate any non-waivable rights concerning merchandise that arrives defective, damaged, or materially different from what was ordered.
10. CUSTOM & PERSONALIZED PRODUCTS
Custom, personalized, made-to-order, and specially produced products are generally FINAL SALE and cannot be returned or exchanged because of customer preference, incorrect customer-provided information, sizing choice, or a change of mind.
Customers are responsible for reviewing names, dates, spelling, photographs, sizes, colors, and other personalization information before submitting an order.
If we make an error in producing the item according to the information submitted with the order, please contact us promptly.
11. DEFECTIVE, DAMAGED OR INCORRECT ITEMS
Customers should inspect merchandise promptly after delivery.
If an item arrives defective, damaged, or materially different from the item ordered, please contact us within 14 days of delivery and provide the order number, description of the problem, and photographs when reasonably requested.
We will evaluate the claim and provide an appropriate remedy consistent with applicable law and our policies.
When we determine that a return is necessary because of a qualifying defect, shipping damage attributable to fulfillment, or an incorrect item sent by us, The Fleming Collective will cover reasonable authorized return-shipping costs.
12. REFUNDS
Returned products are subject to inspection before a refund is approved.
If approved, refunds will generally be issued to the original payment method.
Financial institutions and payment providers determine how quickly a completed refund appears in a customer's account.
We reserve the right to deny a discretionary refund when merchandise does not satisfy our stated return requirements, subject to applicable law.
13. DIGITAL PRODUCTS
Unless otherwise required by law, digital products are final sale once delivered, downloaded, accessed, or made available to the purchaser.
Digital products may include ebooks, printable products, templates, graphics, guides, worksheets, downloadable files, and other electronic content.
Purchasing a digital product does not transfer ownership of the underlying intellectual property.
Unless we expressly grant a commercial license in writing, digital products are licensed for the purchaser's personal use only.
Customers may not reproduce, redistribute, resell, share, sublicense, upload, publish, or otherwise commercially exploit our digital products without written authorization.
14. INTELLECTUAL PROPERTY
The Fleming Collective retains all rights in its original intellectual property to the extent provided by law.
This may include our original artwork, graphics, designs, logos, photographs, product designs, website content, written materials, ebooks, printables, templates, branding, and other original materials.
Purchasing a physical or digital product does not give the purchaser ownership of our intellectual-property rights.
Unauthorized copying, resale, distribution, reproduction, or commercial exploitation is prohibited to the extent protected by applicable law.
15. FRAUD & PAYMENT DISPUTES
Customers agree to contact us promptly when they believe there is a legitimate problem with an order so we have an opportunity to investigate and address the matter.
Nothing in these Terms prevents a customer from exercising legitimate rights provided by their card issuer, financial institution, payment provider, or applicable law.
However, knowingly making false claims, misrepresenting delivery or product circumstances, or engaging in fraudulent payment disputes may result in account restrictions, order cancellation, or other lawful action.
We may provide relevant transaction, shipment, delivery, customer-communication, and policy records to payment processors or financial institutions when responding to a payment dispute.
16. THIRD-PARTY SERVICES
Our website may depend on third-party providers for ecommerce services, payment processing, fulfillment, shipping, hosting, analytics, and other functions.
The Fleming Collective does not control every aspect of these independent third-party services and is not responsible for third-party acts or interruptions except to the extent liability cannot legally be excluded.
17. WEBSITE USE
You may not:
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Attempt to gain unauthorized access to our website, accounts, servers, or systems.
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Introduce viruses, malicious software, or harmful code.
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Scrape, copy, or reproduce protected website content without authorization.
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Use our services for fraudulent or unlawful activity.
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Impersonate another individual or organization.
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Interfere with the normal operation or security of our website.
We may restrict access when reasonably necessary to protect our customers, business, systems, or legal rights.
18. CUSTOMER CONTENT & REVIEWS
Customers are responsible for content they submit to us.
By submitting a review, photograph, testimonial, comment, or other content for publication, you represent that you have the necessary rights to provide it.
Where you expressly submit content for promotional or public use, you grant The Fleming Collective a non-exclusive license to use that content for the purposes disclosed at the time of submission, subject to applicable privacy and consumer-protection laws.
19. WARRANTIES & DISCLAIMERS
Except for warranties that cannot legally be excluded, products and services are provided subject to the descriptions and warranties expressly provided with them.
We do not guarantee that our website will always operate without interruption, delay, or technical error.
Nothing in these Terms excludes statutory warranties or consumer protections that cannot legally be waived.
20. LIMITATION OF LIABILITY
To the fullest extent permitted by law, The Fleming Collective will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages resulting from use of our website, products, digital content, or services.
Where applicable law permits contractual limitation of damages, our aggregate liability arising from a particular purchase will not exceed the amount the customer paid to The Fleming Collective for the product or service giving rise to the claim.
These limitations do not apply where liability cannot legally be excluded or limited.
21. INDEMNIFICATION
To the extent permitted by law, you agree to indemnify and hold harmless The Fleming Collective from third-party claims, liabilities, damages, and reasonable costs arising from your unlawful use of our services, infringement of another person's rights through content you provide, or material violation of these Terms.
This provision does not require a consumer to indemnify us for our own unlawful conduct or for liability that applicable law does not permit us to shift.
22. PRIVACY
Customer information is handled according to our Privacy Policy and applicable law.
We may use information reasonably necessary to process orders, provide customer service, prevent fraud, operate our website, communicate regarding purchases, and meet legal obligations.
Payment information may be processed by third-party payment providers and is subject to their applicable security and privacy practices.
23. CHANGES TO OUR SERVICES & POLICIES
We may modify our products, services, website, pricing, and policies from time to time.
Changes will apply prospectively as appropriate. The Terms applicable to a completed transaction will not be retroactively changed merely to deprive a customer of rights associated with that transaction.
24. GOVERNING LAW
These Terms are governed by the laws of the State of Oregon and applicable federal law, without limiting consumer protections or other rights that cannot lawfully be waived.
25. SEVERABILITY
If any portion of these Terms is determined to be invalid or unenforceable, the remaining provisions will continue in effect to the extent permitted by law.
26. NO WAIVER
Our decision not to enforce a provision on one occasion does not necessarily waive our right to enforce that provision later.
27. ENTIRE AGREEMENT
These Terms, together with our posted Privacy Policy, Refund & Return Policy, Shipping Policy, and other applicable purchasing terms, form the agreement governing use of our website and purchases from The Fleming Collective.