Terms of service

OVERVIEW
Welcome to Dakhota Prairie. The terms "we", "us" and "our" refer to Dakhota Prairie, the trade name of BFG Worldwide LLC. Dakhota Prairie operates this store and website, including all related information, content, features, tools, products and services, in order to provide you with a shopping experience (the "Services"). Dakhota Prairie is powered by Shopify, which enables us to provide the Services to you.

These terms and conditions, together with any policies referenced here (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully. They include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy at https://dakhota-prairie.luxury/policies/privacy-policy. If you do not agree, do not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including browsing this store or purchasing products, you may be asked to provide information such as your email address and billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete, and that you have all rights necessary to provide it.

You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS
Our products are cosmetics. They are not medicines. Nothing on this site is a diagnosis, treatment, cure, or prevention of any disease.

We have made every effort to represent our products accurately. Colors and appearance may differ from what you see on your screen because of the device and settings you use.

We do not warrant that the appearance or quality of any product will meet your expectations or match every depiction in the store.

All product descriptions are subject to change at any time without notice. We reserve the right to discontinue any product at any time and may limit the quantities we offer to any person or place, on a case-by-case basis.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Dakhota Prairie reserves the right to accept or decline your order for any reason. Your order is not accepted until we confirm acceptance. We must receive and process your payment before an order is accepted. Review your order before you submit it. We may be unable to cancel an order after it is accepted.

If we do not accept, change, or cancel an order, we will attempt to notify you using the email, billing address, and/or phone number provided with the order.

Purchases are subject to return solely under our Return and refund policy at https://dakhota-prairie.luxury/policies/refund-policy. Opened jars may be returned for 60 days after delivery, as that policy states.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged is the price in effect when the order is placed and will appear in your order confirmation email. Unless expressly stated, posted prices do not include taxes or shipping.

Prices on this site may differ from prices in a physical store or on a third-party store. Promotions may have separate terms. If those terms conflict with these Terms, the promotion terms govern for that promotion.

You agree to provide current, complete, and accurate purchase and payment information, and to keep your email and payment details current so we can complete transactions and contact you.

You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are authorized to use that payment method, (iii) charges will be honored, and (iv) you will pay the posted prices, including shipping and applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY
Shipping is described in our Shipping policy at https://dakhota-prairie.luxury/policies/shipping-policy. We currently ship to addresses in the United States. Free U.S. shipping applies to qualifying orders of $150 USD and over.

We are not liable for carrier delays. Delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers or events outside our control. Once we transfer products to the carrier, title and risk of loss pass to you.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Dakhota Prairie, BFG Worldwide LLC, their affiliates or licensors, and are protected by U.S. and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit material from the Services without our prior written consent. Except as expressly provided, nothing in these Terms grants you a license under any intellectual property of Dakhota Prairie, BFG Worldwide LLC, Shopify, or any third party. All rights not expressly granted are reserved.

Dakhota Prairie's names, logos, product names, designs, and slogans are trademarks of Dakhota Prairie or BFG Worldwide LLC, or their licensors. You must not use those marks without prior written permission. Shopify's name, logo, and marks are trademarks of Shopify. All other marks on the Services belong to their owners.

SECTION 7 - OPTIONAL TOOLS
You may be given access to customer tools offered by third parties. We do not monitor those tools and have no control over them.

Those tools are provided "as is" and "as available," without warranties or endorsement. We have no liability arising from your use of optional third-party tools. Use them at your own risk and review the third party's terms.

New features we add to the Services are also subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and links to third-party websites. We are not responsible for examining or evaluating those materials or sites. If you leave the Services to access them, you do so at your own risk.

We are not liable for harm related to your use of third-party sites or their products. Complaints about third-party products or services should be directed to that third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
Dakhota Prairie is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Dakhota Prairie. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Dakhota Prairie, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Dakhota Prairie.

SECTION 10 - PRIVACY POLICY
Personal information we collect through the Services is subject to our Privacy Policy at https://dakhota-prairie.luxury/policies/privacy-policy. Certain information may also be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services. Information you submit may be transmitted to Shopify and to service providers, which may be located in countries other than where you reside. Review our Privacy Policy for details.

SECTION 11 - FEEDBACK
If you submit ideas, suggestions, feedback, reviews, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display that Feedback in any medium for any purpose, including commercial use.

You represent that you own or have the rights to the Feedback, that you have disclosed any compensation received for it, and that it complies with these Terms. We are under no obligation to keep Feedback confidential, pay for it, or respond to it.

We may monitor, edit, or remove Feedback that we determine is unlawful, offensive, or in violation of these Terms or another party's rights.

You agree that your Feedback will not violate any third-party right and will not contain unlawful, abusive, or obscene material or malware. You may not use a false email address or mislead us as to the origin of Feedback. You are solely responsible for Feedback you submit. We assume no liability for Feedback posted by you or any third party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
The Services may contain typographical errors, inaccuracies, or omissions relating to descriptions, pricing, promotions, shipping charges, transit times, or availability. We reserve the right to correct those issues and to change information or cancel orders if any information is inaccurate, at any time without prior notice, including after you have submitted an order.

SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not use the Services: (a) for any unlawful or malicious purpose; (b) to violate any applicable law; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, defame, or intimidate any person; (e) to transmit false or misleading information; (f) to send material that does not comply with these Terms; (g) to send junk mail, spam, or similar solicitations; (h) to impersonate any person or entity; or (i) to engage in conduct that restricts anyone's use of the Services or that may harm Dakhota Prairie, Shopify, or other users.

You also agree not to: (a) upload or transmit viruses or malicious code; (b) copy, extract, sell, or exploit any portion of the Services; (c) collect personal information of others; (d) phish or otherwise deceive users of the Services; (e) use any robot, spider, scraper, automated process, or AI agent to access the Services without authorization; or (f) interfere with or circumvent security or access controls. We may suspend or terminate your account without notice if we determine you have violated these Terms.

SECTION 14 - AGENTS
14.1 This section applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of any person or entity.

14.2 No Agent may access the Services unless it identifies itself and follows section 14.4. No Agent may access the Services if we have asked that Agent not to.

14.3 We may limit, including by technical measures, whether and how any Agent accesses the Services.

14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the Agent name in the user agent string as "Agent/[agent name]"; (ii) not conceal that the interaction is from an Agent, including by mimicking human behavior or circumventing CAPTCHAs; (iii) respond truthfully to any prompt asking whether the interaction is from a human or a computer; and (iv) not circumvent measures intended to block or limit Agents.

SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services at any time without notice. You remain liable for amounts due up to the date of termination.

The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that by its nature should survive.

SECTION 16 - DISCLAIMER OF WARRANTIES
Information on the Services is provided for general information. We do not warrant that it is accurate, complete, or useful. Any reliance you place on it is at your own risk.

EXCEPT AS EXPRESSLY STATED BY DAKHOTA PRAIRIE, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT DISCLAIMERS OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU IN FULL.

SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL DAKHOTA PRAIRIE, BFG WORLDWIDE LLC, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Dakhota Prairie, BFG Worldwide LLC, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to any third party arising out of (1) your breach of these Terms or the documents they incorporate, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of an indemnifiable claim. A delay in notice does not relieve you unless you are materially prejudiced. We may control the defense and settlement at your expense, including choice of counsel, but will not settle a claim requiring non-monetary obligations from you without your consent, not to be unreasonably withheld. You will cooperate in the defense.

SECTION 19 - SEVERABILITY
If any provision of these Terms is held unlawful, void, or unenforceable, it shall be enforceable to the fullest extent permitted by law, and the remainder of these Terms will continue in effect.

SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to enforce any right is not a waiver of that right.

These Terms, together with the policies posted on this site, are the entire agreement between you and us and supersede prior agreements relating to the Services.

SECTION 21 - ASSIGNMENT
You may not assign these Terms without our prior written consent. Any attempt to do so is void. We may assign these Terms without consent or notice.

SECTION 22 - GOVERNING LAW
These Terms are governed by the laws of the United States and the state in which BFG Worldwide LLC is organized, without regard to conflict-of-law rules. You and we consent to venue and personal jurisdiction in the state and federal courts of that state.

SECTION 23 - HEADINGS
Headings are for convenience only and do not affect the meaning of these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE
The current Terms of Service are on this page.

We may update these Terms by posting a new version on this page. Material changes will be effective on the date stated in the notice, as required by applicable law. Continued use of the Services after changes are posted is acceptance of the updated Terms.

SECTION 25 - CONTACT INFORMATION
Questions about these Terms: luxelegacy@dakhota-prairie.luxury

Dakhota Prairie
Trade name of BFG Worldwide LLC
luxelegacy@dakhota-prairie.luxury
1881 Chakya St, Welch, MN, 55089