Terms of Service

Acceptance of These Terms

These Terms of Service govern your use of the birdieswing website. The order-related provisions below also govern eligible orders previously placed directly with Birdieswing LLC ("birdieswing," "we," "us," or "our") while online checkout was available. By using this website, you agree to these Terms and acknowledge our Privacy Policy. If you do not agree, please do not use the website. Our Refund Policy governs eligible prior direct online orders as stated in that policy.

Current Website Status

The birdieswing website currently functions as a product catalog and wholesale inquiry site. It does not accept orders or payments through an online shopping cart or checkout.

Submitting a wholesale inquiry is a request for information only and does not create an order, contract, or obligation to buy or sell. If Birdieswing and a buyer decide to proceed with a wholesale transaction, the applicable commercial terms will be confirmed separately in writing.

The sections below concerning prices, payment, order acceptance, cancellation, returns, shipping, and delivery apply only to eligible orders previously placed directly through the birdieswing website while online checkout was available.

Products and Website Information

We make reasonable efforts to display product descriptions, images, colors, availability, and other information accurately. Screen settings, photography, packaging updates, and manufacturing variations may cause minor differences in appearance.

Statements about distance, spin, feel, control, or other playing characteristics describe the product's intended design. Actual performance varies based on the player, equipment, swing, course, weather, and other conditions and is not guaranteed.

Prices, Discounts, Shipping Charges, and Taxes

All prices are shown in U.S. dollars. Unless clearly stated otherwise, listed product prices do not include shipping charges or applicable sales tax. The complete amount due will be displayed during checkout before you submit your order.

Quantity discounts and other promotions are subject to the eligibility requirements shown on the website or at checkout. We may change or end a promotion prospectively, but doing so will not change an order we have already accepted.

Applicable sales tax is calculated using the delivery address and other information available at checkout. We collect and remit sales tax where required by law. You are responsible for providing a complete and accurate delivery address and for any taxes that applicable law requires you to pay.

If a price, discount, tax, shipping charge, or other material term is displayed incorrectly, we may contact you before shipment to obtain your approval of the corrected amount or cancel the affected order and issue a full refund.

Payment

For prior direct online orders, the available payment methods were those displayed at checkout and could include eligible credit or debit cards processed through Stripe and payment through PayPal. Snipcart facilitated the shopping cart and checkout. These providers may continue to process refunds, disputes, or other administration relating to prior orders.

By submitting an order, you represent that you are authorized to use the selected payment method and authorize the applicable payment provider to charge the total shown at checkout. We do not directly receive or store your full payment card number. Stripe, PayPal, Snipcart, and other service providers process information under their own terms and privacy practices.

A temporary authorization hold may appear before the final charge. If an order is declined or canceled, the time required to release an authorization or return funds may depend on your bank or payment provider.

If payment authorization is declined, reversed, disputed, or otherwise cannot be completed, we may place the order on hold or cancel it. You remain responsible for any undisputed amount lawfully due for an order that has been fulfilled.

Order Submission and Acceptance

Your order is an offer to purchase. An automated order confirmation or invoice acknowledges that we received your order; it does not by itself mean that we have accepted it. We accept an order when we send a shipping confirmation or transfer the order to the shipping carrier, whichever occurs first.

Before shipment, we may refuse, limit, or cancel an order because of product unavailability, an incorrect price or product description, payment or fraud concerns, an incomplete or unverifiable delivery address, an address outside our service area, quantity limits, suspected resale activity, or legal or regulatory requirements.

If we cancel all or part of an order after payment has been collected, we will promptly notify you and refund the amount paid for the canceled item or order, including applicable taxes and any shipping charge attributable to an order that is not shipped.

Order Cancellation

Customers may use our self-service cancellation option for an eligible, unshipped order until 5:00 a.m. U.S. Central Time on the calendar day after the order is placed. The cancellation link is provided in the order confirmation email and is also available on our Cancel Order page. A successful self-service cancellation refunds all amounts paid to the original payment method, and no cancellation fee is charged.

After the self-service deadline, customers must contact us at orders@birdieswing.us as soon as possible. We will try to assist, but cancellation is not guaranteed once order processing has begun.

Once an order has been transferred to the shipping carrier, it can no longer be canceled. The customer may request a return after delivery in accordance with the Returns section below. For returns based on a change of mind, the customer is responsible for return shipping costs, and the original shipping charge is non-refundable.

Returns and Refunds

Returns and refunds are governed by our Refund Policy, which describes the return window, eligibility requirements, and how to request a return or refund.

Customers must contact us at orders@birdieswing.us and receive return authorization before sending a product back. Unauthorized returns may not be accepted.

Out-of-Stock Products

If a product becomes unavailable after an order has been placed, we may cancel the affected order. The customer will receive a full refund of all amounts paid for the canceled product, including any applicable shipping charges, taxes, and fees.

Where We Ship

For prior direct online orders, our service area was the 48 contiguous U.S. states and Washington, D.C. We did not offer delivery to Alaska, Hawaii, Puerto Rico, other U.S. territories or possessions, APO/FPO/DPO addresses, or international destinations.

A prior order submitted with an address outside that service area could be declined or canceled. If payment had already been collected, the canceled order was eligible for a full refund.

Shipping Schedule and Delivery

The following shipping schedule and delivery estimates apply to orders within our service area described above.

Orders placed by 11:59 p.m. U.S. Central Time are scheduled to ship on the next business day. Orders placed on weekends or carrier-observed holidays are scheduled to ship on the following business day. Any estimated ship date or processing timeframe displayed at checkout or in the order confirmation is an estimate unless it is expressly identified as guaranteed.

After a package has been transferred to the shipping carrier, the estimated delivery time is three to five business days. The delivery estimate begins when the carrier accepts the package, not when the order is placed. Delivery estimates are provided by the carrier and are not guaranteed.

Delivery may take longer because of severe weather, holidays, high shipping volume, remote delivery locations, carrier disruptions, incorrect or incomplete addresses, or other circumstances beyond our reasonable control.

To the extent permitted by applicable law, we are not responsible for carrier delays beyond our reasonable control. However, we will reasonably assist customers with tracking and investigating delayed or missing shipments.

We will maintain a reasonable basis for any shipping timeframe stated before purchase. If we cannot ship within the timeframe stated at checkout or in the order confirmation—or, if no timeframe is stated, within 30 days after receiving a properly completed order—we will send a timely delay notice. The notice will state a revised shipping date when one is available and will explain your right to consent to the delay or cancel the affected order for a prompt full refund. If applicable law requires your affirmative consent to a delay and we do not receive it by the applicable deadline, we will automatically cancel the affected order and promptly refund all amounts paid for the unshipped item, including corresponding shipping charges, taxes, and fees.

Intellectual Property

All trademarks, logos, product photographs, images, text, graphics, designs, and other content displayed on this website are owned by or licensed to Birdieswing LLC and are protected by applicable intellectual property laws.

No website content may be copied, reproduced, modified, distributed, published, sold, or used for commercial purposes without our prior written permission.

Website Availability and Third-Party Services

We may update, suspend, or discontinue parts of the website for maintenance, security, operational, or legal reasons. We do not guarantee that the website will always be uninterrupted or error-free.

The website uses third-party services for hosting, analytics, inquiry handling, email, and other operations. We may also continue to use payment, checkout, tax-calculation, and shipping providers to administer prior orders. We are not responsible for a third party's separate website or service, but this does not limit our responsibility for an order we accepted or any rights that cannot lawfully be limited.

Website Disclaimer

Except for any express promise stated in these Terms or required by law, the website and its content are provided on an "as is" and "as available" basis. We make reasonable efforts to keep the website accurate and available, but we do not guarantee that it will always be uninterrupted, current, or free from technical errors.

Nothing in these Terms excludes or limits any product warranty, remedy, or consumer protection that cannot lawfully be excluded or limited.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, BIRDIESWING LLC AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE WEBSITE, THESE TERMS, OR A PURCHASE, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR DIRECT DAMAGES ARISING OUT OF OR RELATING TO A PARTICULAR ORDER OR PRODUCT WILL NOT EXCEED THE AMOUNT YOU PAID FOR THAT ORDER OR PRODUCT. FOR CLAIMS ARISING SOLELY FROM USE OF THE WEBSITE AND NOT FROM A PURCHASE, OUR TOTAL LIABILITY WILL NOT EXCEED US $100.

THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT LEGALLY BE LIMITED OR EXCLUDED. THEY DO NOT LIMIT LIABILITY FOR OUR FRAUD, WILLFUL MISCONDUCT, OR GROSS NEGLIGENCE, OR FOR DEATH, PERSONAL INJURY, OR DEFECTIVE-PRODUCT LIABILITY TO THE EXTENT APPLICABLE LAW PROHIBITS LIMITATION. THEY ALSO DO NOT LIMIT ANY NON-WAIVABLE CONSUMER RIGHTS OR REMEDIES.

Governing Law

These Terms and any dispute or claim arising out of or relating to them, the website, or a purchase are governed by the laws of the State of Texas and applicable federal law, without regard to conflict-of-law principles. This choice of law does not deprive you of any protection afforded by mandatory laws that cannot be waived in your state of residence.

Before beginning a formal legal proceeding, we encourage you to contact us at orders@birdieswing.us so we can try to resolve the matter directly. Nothing in these Terms prevents either party from exercising a right or remedy available under applicable law.

Severability and No Waiver

If any provision of these Terms is found unenforceable, it will be enforced to the greatest extent permitted by law, and the remaining provisions will continue in effect. A failure to enforce a provision on one occasion is not a waiver of that provision or any other provision.

Changes to These Terms

We may update these Terms from time to time. Changes will be posted on this page with a revised "Last updated" date and will apply prospectively unless applicable law requires otherwise. The Terms in effect when we accept your order will govern that order.

Contact Us

Questions about these Terms may be sent to orders@birdieswing.us.