These Terms and Conditions of Use ("Terms") govern your access to and use of the Black Heritage Co. website, including all website content, products, services, features, and transactions available through the website.
The website is operated by Mismo Limited, LLC., doing business as Black Heritage Co. ("Black Heritage Co.," "we," "us," or "our").
By accessing or using this website, creating an account, placing an order, or purchasing a product through the website, you agree to these Terms. If you do not agree to these Terms, you should not use the website or place an order.
1. Eligibility and Lawful Use
You represent that you are legally capable of entering into a binding agreement.
You agree to use this website only for lawful purposes and in accordance with these Terms and all applicable federal, state, and local laws.
You may not use this website to:
• Engage in unlawful, fraudulent, or deceptive activity.
• Interfere with the operation or security of the website.
• Attempt to gain unauthorized access to the website, accounts, systems, or data.
• Introduce viruses, malware, malicious code, or other harmful material.
• Impersonate another person or entity.
• Use automated systems to scrape, copy, harvest, or collect website content without our prior written permission.
• Engage in activity that could damage, disable, overburden, or impair the website or interfere with another person's use of the website.
We reserve the right to restrict or terminate access to the website when we reasonably believe that a user has violated these Terms or engaged in conduct that may harm Black Heritage Co., its customers, its systems, or its business.
2. Website Content
We make reasonable efforts to ensure that information appearing on this website is accurate and current. However, we do not warrant that website content will always be complete, accurate, current, or free from typographical or other errors.
We reserve the right to correct errors, update information, modify content, or discontinue content at any time without prior notice.
3. Products and Product Descriptions
We make reasonable efforts to accurately describe and display our products.
Actual product colors and appearance may vary depending on your monitor, device, screen settings, lighting, photography conditions, materials, manufacturing processes, and other factors.
Products that are handmade, printed, embroidered, engraved, dyed, distressed, or otherwise individually produced may contain reasonable variations. Such variations do not necessarily constitute defects.
Product photographs may be representative and may not show every minor variation in an individual product.
4. Product Availability
Products displayed on the website are subject to availability.
We reserve the right to limit quantities, discontinue products, modify product specifications, change product availability, correct inventory errors, or refuse or cancel an order when necessary.
The display of a product on the website does not guarantee that the product will remain available.
5. Prices and Pricing Errors
Prices displayed on the website are subject to change without notice.
We reserve the right to correct typographical errors, pricing errors, promotional errors, inventory errors, or other inaccuracies.
If a product is listed at an incorrect price because of an error, we may cancel the affected order and refund any amount paid for that order.
We are not obligated to honor an obviously erroneous price when the error is apparent or reasonably should have been apparent.
Applicable taxes, shipping charges, and other disclosed charges may be added to the purchase price.
6. Orders and Order Acceptance
Submitting an order through the website constitutes an offer to purchase the selected products. An order confirmation or order acknowledgment does not necessarily constitute acceptance of the order.
We reserve the right to accept, decline, limit, or cancel any order for any lawful reason, including:
• Product availability.
• Pricing or listing errors.
• Suspected fraud or unauthorized activity.
• Incorrect customer information.
• Shipping restrictions.
• Excessive quantities.
• Duplicate or unusual orders.
• Technical errors.
• Other circumstances affecting our ability to fulfill the order.
If we cancel an order after payment has been processed, we will issue the applicable refund for the canceled merchandise.
7. Payment Authorization
By submitting an order, you authorize the payment method provided to be charged for the applicable purchase amount, including applicable taxes, shipping charges, and other charges disclosed during checkout.
You represent that you are authorized to use the payment method submitted.
We may use third-party payment processors to process transactions. We do not control the policies, systems, availability, or security practices of third-party payment providers.
We reserve the right to cancel or place an order on hold when payment cannot be properly authorized or when a transaction appears fraudulent, unauthorized, or otherwise suspicious.
8. Shipping and Delivery
Shipping options, costs, and estimated delivery information will be presented during checkout or otherwise communicated with the order.
Unless expressly stated otherwise, shipping and delivery dates are estimates and are not guaranteed.
Once an order has been transferred to a shipping carrier, delivery may be affected by circumstances outside our control, including carrier delays, weather, natural disasters, transportation disruptions, incorrect addresses, customs issues, or other events beyond our reasonable control.
You are responsible for providing a complete and accurate shipping address.
We are not responsible for delivery problems resulting from an incorrect or incomplete address supplied by the customer.
We will comply with applicable laws concerning shipment delays, cancellation rights, and refunds.
9. Returns, Exchanges, and Refunds
Returns, exchanges, and refunds are governed by our Return and Refund Policy, which is incorporated into these Terms by reference.
Customers should review the applicable Return and Refund Policy before placing an order for information concerning eligibility requirements, deadlines, exclusions, return shipping responsibilities, and refund procedures.
Nothing in these Terms is intended to eliminate or restrict any consumer right or remedy that cannot legally be waived or restricted under applicable law.
10. Order Cancellations
Once an order has been submitted, we may begin processing it immediately.
Cancellation requests may be submitted before an order has been processed for shipment. A cancellation request is not guaranteed until we confirm the cancellation.
Once an order has entered fulfillment or has been shipped, the order may no longer be cancellable and may instead be subject to our Return and Refund Policy.
We reserve the right to cancel an order when circumstances prevent us from reasonably fulfilling it.
11. Damaged, Incorrect, or Defective Merchandise
Customers should inspect merchandise promptly after delivery.
If merchandise arrives damaged, incorrect, or defective, contact us using the contact information provided on this website and provide the requested order information and, when applicable, photographs or other documentation.
Claims must be submitted within the applicable period specified in our Return and Refund Policy.
Remedies for defective, damaged, or incorrect merchandise will be governed by our Return and Refund Policy and applicable law.
12. Intellectual Property
All intellectual property appearing on this website, including but not limited to text, photographs, graphics, designs, logos, illustrations, product images, videos, articles, stories, original artwork, product descriptions, page layouts, and website design, is owned by or licensed to Black Heritage Co. and is protected by applicable intellectual property laws.
Except as expressly permitted in writing, you may not reproduce, modify, distribute, publish, sell, license, transmit, create derivative works from, or commercially exploit website content.
You may view and use website content for your personal, non-commercial use in connection with shopping on the website.
13. Trademarks
Black Heritage Co. names, logos, marks, slogans, product names, trade dress, and other branding elements may constitute trademarks or other intellectual property owned by or licensed to the Company.
Nothing contained on this website grants you any license or right to use our trademarks or branding without our prior written permission.
14. User Accounts
Certain website features may require you to create an account.
You are responsible for maintaining the confidentiality of your account credentials and for activity occurring under your account.
You agree to provide accurate information and to update your information when necessary.
We reserve the right to suspend or terminate accounts that contain false information, are used fraudulently, or violate these Terms.
15. User-Submitted Content
If you submit reviews, comments, photographs, testimonials, suggestions, ideas, or other content to Black Heritage Co., you represent that:
• You have the right to submit the content.
• The content does not violate another person's rights.
• The content is not unlawful, defamatory, fraudulent, threatening, or misleading.
• The content does not infringe intellectual property rights.
• The content does not contain malicious software or harmful code.
By submitting content, you grant Black Heritage Co. a non-exclusive, worldwide, royalty-free license to use, reproduce, display, publish, modify, adapt, and distribute that content in connection with operating, promoting, and marketing the Company and its products.
We are not required to publish or retain submitted content and may remove submitted content at our discretion.
16. Prohibited Conduct
You agree not to:
• Attempt to interfere with website operation.
• Circumvent website security.
• Access areas of the website without authorization.
• Use bots, crawlers, scraping tools, or automated systems without authorization.
• Copy product designs or website materials for unauthorized commercial use.
• Use website content to create competing commercial materials.
• Submit fraudulent orders.
• Use stolen or unauthorized payment information.
• Attempt to exploit pricing, promotional, inventory, or technical errors.
• Introduce malicious code or other harmful material.
• Use the website to violate another person's rights.
17. Third-Party Services and Links
The website may use third-party services, including payment processors, shipping providers, analytics services, advertising platforms, social media services, and other technology providers.
We are not responsible for the policies, practices, availability, security, or content of third-party services.
Links to third-party websites are provided for convenience. A link does not constitute an endorsement or guarantee of any third-party website, service, product, or information.
18. Disclaimer of Warranties
To the maximum extent permitted by applicable law, the website and its content are provided on an "AS IS" and "AS AVAILABLE" basis.
Black Heritage Co. makes no warranties, express or implied, regarding the website, including warranties of merchantability, fitness for a particular purpose, non-infringement, availability, accuracy, reliability, security, or freedom from viruses or other harmful components.
We do not guarantee that the website will operate continuously, without interruption, or without errors.
Nothing in these Terms excludes or limits any warranty or right that cannot legally be excluded or limited.
19. Limitation of Liability
To the maximum extent permitted by applicable law, Black Heritage Co. and its owners, officers, employees, contractors, agents, affiliates, service providers, and licensors will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to:
• Your use or inability to use the website.
• Your purchase or use of products.
• Website interruptions.
• Loss of data.
• Unauthorized access.
• Third-party services.
• Shipping delays caused by third parties.
• Events outside our reasonable control.
To the maximum extent permitted by law, our total liability arising from any claim relating to a purchase or the website will not exceed the amount you actually paid to Black Heritage Co. for the specific product or service giving rise to the claim.
Nothing in these Terms limits liability that cannot legally be limited or excluded.
20. Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Black Heritage Co. and its owners, officers, employees, contractors, agents, affiliates, service providers, and licensors from claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising from or related to:
• Your violation of these Terms.
• Your misuse of the website.
• Your violation of applicable law.
• Your violation of another person's rights.
• Content you submit to the website.
• Fraudulent or unauthorized activity associated with your account.
21. Force Majeure
Black Heritage Co. will not be responsible for delays or failures caused by circumstances beyond our reasonable control, including natural disasters, severe weather, fire, flood, war, terrorism, civil disturbances, labor disputes, transportation disruptions, supply shortages, governmental actions, internet or telecommunications failures, cyber incidents, pandemics, or failures of third-party service providers.
22. Privacy
Your use of this website is also subject to our Privacy Policy.
The Privacy Policy explains how information collected through the website may be collected, used, disclosed, and protected.
23. Governing Law
These Terms are governed by the laws of the State of Georgia, without regard to conflict-of-law principles, except to the extent that applicable federal law or mandatory consumer protection law provides otherwise.
24. Dispute Resolution
Before filing a legal proceeding relating to these Terms or a purchase, the parties agree to attempt in good faith to resolve the dispute informally.
Customers should first contact Black Heritage Co. using the contact information provided on this website and provide a description of the dispute and the requested resolution.
Nothing in this section prevents either party from seeking emergency or injunctive relief when such relief is permitted by law.
To the extent permitted by applicable law, any lawsuit or legal proceeding that is not required by law to be brought elsewhere shall be brought in a court of competent jurisdiction in the State of Georgia.
25. Severability
If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.
26. No Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce that provision in the future.
27. Assignment
You may not transfer or assign your rights or obligations under these Terms without our prior written consent.
We may assign or transfer our rights and obligations under these Terms in connection with a merger, acquisition, sale of assets, reorganization, or other business transaction.
28. Changes to These Terms
We may modify these Terms from time to time.
Updated Terms will be posted on this website with a revised "Last Updated" date.
Your continued use of the website after updated Terms are posted constitutes acceptance of the updated Terms to the extent permitted by applicable law.
Terms applicable to an order will be those in effect when the order was placed, unless otherwise required by law.
29. Entire Agreement
These Terms, together with our Privacy Policy, Return and Refund Policy, Shipping Policy, and any other policies expressly incorporated into these Terms, constitute the agreement between you and Black Heritage Co. concerning your use of the website and purchases made through the website.
These Terms supersede prior or contemporaneous agreements concerning the same subject matter, except where expressly stated otherwise.
30. Contact
Black Heritage Co.
United States
Email: sales@blackheritage.co