Terms & Conditions

Last Updated: 10/17/25

Welcome to Forged & Hewn. These Terms & Conditions (“Terms”) govern your use of the website at forgedandhewn.com (the “Site”) and any services, products, or consultancy you obtain from us (collectively, the “Services”). By accessing or using our Site or Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with any part of these Terms, you must refrain from using the Site or Services.

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1. Definitions​​​

• We / Us / Our / Forged & Hewn: The owner/operator of the Site.

• You / Your / Customer / User: Any person or entity accessing or using the Site or our Services.

• Products: Tangible goods (e.g. outdoor fires, furniture, decorative homeware) available for purchase via the e‑commerce portion of the Site.

• Consultancy Services: Design, quoting, CAD/drawings, consulting, or other advisory services we provide.

• User Uploads: Any files (e.g. CAD files, drawings, images) that you upload to the Site (for quote requests or design input).

• Order: A confirmed purchase of Products or engagement of Services.

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2. Use of the Site & Eligibility

1. You must be at least 18 years old (or the age of legal majority in your jurisdiction) to use the Site or enter into binding agreements.

2. You agree not to use the Site for any illegal or unauthorized purpose, or in violation of these Terms.

3. You are responsible for maintaining the confidentiality of your account credentials (if any) and for all activities that occur under your account.

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3. Products — Orders, Payment, Shipping & Title

1. Ordering & Acceptance

   • ​When you place an order via the Site, you are making an offer to purchase. We reserve the right to accept or reject any order for any reason (e.g. stock availability, pricing error).

   • Upon acceptance, we will send you an order confirmation email.

2. Pricing & Payment

   • Prices are displayed in USD (or the currency we specify) and exclude shipping, taxes, duties, or customs fees unless otherwise stated.

   • Payment is due at the time of order. We accept payment methods listed on the Site (e.g. credit cards, PayPal, etc.).

   • You represent that you have the right to use the payment method you provide.

3. Shipping & Delivery

   • We ship within the U.S. only (unless otherwise agreed).

   • Shipping costs and estimated delivery times are shown at checkout or communicated to you.

   • Title and risk of loss pass to you when the items are delivered to the carrier (i.e., once shipped), unless otherwise agreed.

   • Any delays in delivery do not entitle you to cancel the order unless we fail to deliver within a reasonable time.

4. Inspection & Shortages

   • You should inspect items upon delivery and notify us within 7 days of any damage, defect, or shortage.

   • After that period, we may not accept claims for those issues.

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4. Consultancy Services & Quotes

1. Scope & Quotes

   • For design, CAD work, drawings, or other consultancy, we provide quotes based on the materials and complexity.

   • You may upload CAD files or drawings to assist in quoting; you warrant you have the rights to those files and they do not infringe third‑party rights.

2. Acceptance & Payment

   • Once you accept a quote, a deposit or full payment may be required before work begins.

   • The timeline for delivery of consultancy deliverables will be as agreed in writing.

3. Revisions & Changes

   • Minor revisions are included as detailed in the quote agreement; substantial changes may incur additional fees.

4. Intellectual Property in Deliverables

   • Unless otherwise agreed, we grant you a non‑exclusive license to use designs or drawings delivered to you for the intended project.

   • We may retain rights to designs and use for our portfolio or promotional purposes (unless you negotiate exclusivity).

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5. Returns, Refunds & Cancellations

1. Product Returns & Refunds

   • Because many of our products may be custom, returns are handled on a case‑by‑case basis.

   • If you wish to cancel or return an order, contact us within 7 days. We may accept returns only if the item is unused, in original condition, and you bear return shipping costs (unless damage or error by us).

   • Refunds (less any restocking, shipping, or customization costs) will be issued upon receipt and inspection of returned goods.

2. Consultancy / Service Cancellations

   • If you cancel after work has begun, you may forfeit part or all of the payment (especially for time, effort, or non‑reusable content).

   • Refunds for services are within our discretion and subject to the stage of work completed.

3. No Guarantees

   • We do not guarantee your satisfaction, project outcomes, or that our designs meet your ultimate expectations. Our liability is limited (see below).

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6.  User Uploads & Content

1. Permissions & Warranties

   • By uploading CAD files, drawings, or other content, you grant us a perpetual, worldwide, royalty‑free license to use, store, reproduce, and modify such content (solely for fulfilling your project, internal operations, or promotional purposes).

   • You warrant that your uploads do not infringe third‑party IP, confidentiality, or privacy rights.

2. Prohibited Content

   • You shall not upload malicious files, viruses, or content that is discriminatory, obscene, defamatory, or illegal.

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7.  Intellectual Property

1. Site Content

   • All content on the Site (text, graphics, logos, images, product designs, software) is protected by copyright, trademark, and other intellectual property laws.

   • You may view or print site content for personal use, but you may not copy, modify, distribute, or use it for commercial purposes without our prior written consent.

2. Feedback

   • If you submit ideas, suggestions, or feedback relating to our Products or Services, you grant us an irrevocable, royalty‑free license to incorporate them without accounting to you.

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8.  Disclaimers & Limitation of Liability

1. No Warranty

   • The Site, Products, and Services are provided “as is” without warranties of any kind, express or implied (including merchantability, fitness for a particular purpose, noninfringement).

   • We do not warrant uninterrupted access, error-free functionality, or that the Site is free from viruses or harmful components.

2. Limitation of Liability

   • To the fullest extent permitted by law, our total liability to you for any claims arising under or relating to these Terms or Services shall not exceed the amount you paid us in the past 12 months (or $[some cap], whichever is lower).

   • In no event shall we be liable for indirect, incidental, special, consequential, or punitive damages (loss of profit, loss of data, business interruption, etc.).

3. Indemnification

   • You agree to indemnify, defend, and hold us harmless from any claims, liabilities, losses, damages, and expenses (including attorneys’ fees) arising from your use of the Site, your violation of these Terms, or your uploads/content.

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9. Termination

1. We may suspend or terminate your access to the Site or Services at any time, for any reason, with or without notice.

2. Termination does not relieve you of obligations accrued before termination (e.g. payment, liability).

3. Sections that by their nature should survive (e.g. Intellectual Property, Limitation of Liability, Indemnification) will survive termination.

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10. Governing Law & Dispute Resolution

1. Governing Law

   • These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles.

2. Disputes / Arbitration

   • Any dispute or claim arising under or relating to these Terms or the relationship between you and us shall be resolved through binding arbitration in Fort Worth, Texas, unless you opt for small claims court (if eligible).

   • The arbitrator’s decision will be final and binding, with limited rights of appeal.

3. Severability

   • If any provision is held invalid or unenforceable, that provision will be limited or eliminated to the minimum extent needed, and the remainder of the Terms will remain in full force.

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11. Changes to Terms

We may revise or update these Terms at any time. We’ll post the updated version on the Site with a new “Last Updated” date. Your continued use of the Site or services after changes means you accept the new Terms.

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12. Miscellaneous

1. Entire Agreement

   • These Terms, together with our Privacy Policy and any written agreements, constitute the entire agreement between you and us.

2. No Waiver

   • Our failure to enforce any right shall not constitute a waiver of that right.

3. Assignment

   • You may not assign your rights or obligations under these Terms without our prior written consent. We may assign freely.

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