Terms of Service

Last updated: September 10, 2026

1. Overview

This website is operated by Fernando & James LLC (“Fernando & James,” “we,” “us,” or “our”). Throughout these Terms of Service, “Services” refers to this website, its content and features, and the products and services offered through it.

By visiting our website, placing an order, or otherwise using our Services, you agree to these Terms of Service and the policies referenced within them. If you do not agree to these Terms, you may not use our website or Services.

Our online store is hosted by Shopify Inc., which provides the e-commerce platform that allows us to offer our products and Services to you.

2. Eligibility and Online Store Use

By using this website, you represent that you are at least the age of majority in your state of residence or that you are using the website with the involvement and consent of a parent or legal guardian.

You may not use our website, products, or Services for any illegal or unauthorized purpose. You may not transmit viruses, malicious code, or other material that could harm the website, Shopify, or another user.

We may suspend or terminate access to the Services when these Terms are violated.

3. Product Information and Availability

We make reasonable efforts to present accurate product descriptions, photographs, colors, measurements, prices, and availability. However, colors and details may appear differently depending on a device or display.

Products may be available in limited quantities. We reserve the right to limit quantities, discontinue products, correct errors, and update product information or prices at any time.

We do not guarantee that every item displayed will remain available. If an item becomes unavailable after an order is placed, we will contact you and provide available options, which may include selecting another item or receiving a refund for the unavailable item.

4. Handmade and Curated Products

Certain Fernando & James products are handmade or handcrafted. Small variations in stitching, positioning, dimensions, wood grain, engraving, texture, and color are natural characteristics of handmade materials and production. These variations help make each item unique and do not necessarily constitute a defect.

Fernando & James also offers thoughtfully selected products manufactured by independent third-party brands. These curated products are not represented as handmade or manufactured by Fernando & James LLC unless the applicable product description expressly states otherwise.

5. Personalized Products

Customers are responsible for reviewing all personalization information before submitting an order, including names, spelling, dates, times, weights, measurements, colors, and design selections.

Personalized items are created using the information submitted with the order. Changes or cancellations cannot be guaranteed after production has begun.

Eligibility for correction, replacement, or exchange of a personalized item is governed by our Returns & Exchanges Policy.

6. Product Use and Safety

Our products must be used only for their intended purpose and in accordance with all product-specific labels, age recommendations, warnings, and care instructions.

An adult caregiver is responsible for selecting age-appropriate products, supervising use when appropriate, inspecting products regularly, and discontinuing use if an item becomes worn, damaged, loose, or otherwise unsafe.

Unless a product is specifically designed and labeled for that purpose, toys, rattles, dolls, plaques, decorations, and other loose items should not be placed in an infant’s sleep environment.

Nothing on this website is intended as medical, health, or safety advice.

7. Orders and Acceptance

Submitting an order does not guarantee acceptance. We reserve the right to refuse, limit, or cancel an order because of inventory availability, pricing or listing errors, suspected fraud, shipping restrictions, unauthorized resale activity, or other legitimate business reasons.

If we cancel an order after payment has been processed, we will issue the applicable refund to the original payment method.

We may limit or prohibit orders that appear to be placed by unauthorized dealers, resellers, or distributors.

8. Pricing, Billing, and Account Information

Prices are subject to change without notice. Applicable taxes, shipping charges, and other fees will be displayed during checkout when required.

You agree to provide current, complete, and accurate billing, shipping, contact, and payment information. You are responsible for promptly updating your account information when it changes.

If we need to modify or cancel an order, we will make reasonable efforts to contact you using the information provided with the order.

9. Shipping and Local Delivery

Order processing times, shipping destinations, carrier information, free-shipping qualifications, and free local-delivery eligibility are described in our Shipping & Delivery Policy.

Shipping and delivery dates are estimates unless we expressly state otherwise. If we cannot ship within a promised timeframe, we will contact you with an updated estimate and available options, including cancellation when required by applicable law.

We do not offer customer pickup and do not maintain a public retail storefront.

10. Final Sales and Exchanges

All sales are final, and we do not accept returns or issue refunds for changes of mind.

Eligible products may be exchanged when an exchange request is submitted within 15 days after delivery. All exchanges are subject to the eligibility requirements, condition standards, exclusions, and instructions in our Returns & Exchanges Policy.

Nothing in these Terms limits any rights or remedies that cannot legally be excluded under applicable law.

11. Promotions, Discounts, and Gift Cards

Promotions, giveaways, discount codes, gift cards, and special programs may be subject to additional terms, eligibility requirements, expiration dates, product restrictions, or geographic limitations.

Unless expressly stated otherwise, promotions and discount codes have no cash value, cannot be applied retroactively, and cannot be combined with other offers. We reserve the right to modify or end a promotion as permitted by law.

Special hospital, event, or redemption programs are governed by the terms displayed with the applicable offer and are separate from ordinary website purchases.

12. Third-Party Tools and Links

We may provide access to third-party tools, applications, websites, or services that we do not own or control. Your use of those services may be governed by the third party’s terms and privacy practices.

We are not responsible for the content, accuracy, availability, or practices of unaffiliated third-party websites. Please review the applicable third-party terms before completing a transaction or providing personal information.

13. Reviews, Comments, and Other Submissions

If you submit a review, photograph, comment, suggestion, contest entry, or other content, you represent that you own or have permission to submit it and that it does not violate another person’s intellectual property, privacy, publicity, or other rights.

You grant Fernando & James LLC a nonexclusive, worldwide, royalty-free license to use, reproduce, edit, publish, and display submitted content in connection with our business, website, marketing, and social media, subject to applicable law and our Privacy Policy.

We may monitor, decline, or remove content that is unlawful, misleading, abusive, obscene, infringing, or otherwise inappropriate. You remain responsible for the accuracy and legality of the content you submit.

14. Intellectual Property

The Fernando & James name, original logo, website design, photographs, product designs, written content, graphics, and other original materials are owned by or licensed to Fernando & James LLC and are protected by applicable intellectual-property laws.

You may not reproduce, distribute, modify, sell, exploit, or use our protected materials for commercial purposes without prior written permission.

Third-party names, product designs, trademarks, and content remain the property of their respective owners.

15. Personal Information

Your submission and use of personal information through the website are governed by our Privacy Policy.

16. Prohibited Uses

You may not use the website or its content:

• For an unlawful, fraudulent, or unauthorized purpose;

• To infringe our rights or the rights of another party;

• To harass, threaten, abuse, defame, or discriminate against another person;

• To submit false or misleading information;

• To upload viruses, malware, or other harmful code;

• To collect another person’s information without authorization;

• To spam, phish, scrape, crawl, or interfere with the website;

• To bypass security measures; or

• To misuse promotions, discount codes, giveaways, or redemption programs.

We may terminate access to the Services for prohibited use.

17. Errors and Corrections

The website may occasionally contain typographical errors, inaccuracies, or omissions involving product descriptions, prices, promotions, shipping charges, delivery estimates, or availability.

We may correct errors, update information, or cancel affected orders. If an order is canceled after payment, we will issue the applicable refund to the original payment method.

18. Disclaimer of Warranties

To the fullest extent permitted by law, the website and Services are provided on an “as available” basis. We do not guarantee that access to the website will always be uninterrupted, secure, or error-free.

Any product warranties expressly provided in a product description or required by law remain applicable. These Terms do not exclude warranties or consumer protections that cannot legally be waived.

19. Limitation of Liability

To the fullest extent permitted by law, Fernando & James LLC and its owners, employees, agents, contractors, suppliers, and service providers will not be liable for indirect, incidental, special, punitive, or consequential damages arising from use of the website or Services.

Where liability cannot legally be excluded, our liability will be limited to the maximum extent permitted by applicable law.

Nothing in these Terms excludes or limits liability where doing so would be unlawful.

20. Indemnification

To the fullest extent permitted by law, you agree to indemnify and hold harmless Fernando & James LLC and its owners, employees, agents, contractors, and service providers from third-party claims, damages, liabilities, and reasonable expenses arising from your unlawful use of the Services, violation of these Terms, or infringement of another party’s rights.

21. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by law or severed as necessary. The remaining provisions will remain in effect.

22. Termination

These Terms remain effective until terminated by you or us. You may terminate your agreement with these Terms by discontinuing use of the Services.

We may suspend or terminate access to the Services if we reasonably believe that you have violated these Terms. Obligations and liabilities incurred before termination will survive as applicable.

23. Entire Agreement

These Terms, together with the policies and other terms referenced on the website, constitute the entire agreement between you and Fernando & James LLC regarding use of the Services.

Our failure to enforce a provision does not waive our right to enforce it later.

24. Governing Law

These Terms and any separate agreement through which we provide Services are governed by the laws of the State of Tennessee, without regard to conflict-of-law principles.

25. Changes to These Terms

We may update these Terms by posting a revised version on this page. The “Last updated” date will identify the most recent revision.

Your continued use of the website after revised Terms are posted constitutes acceptance of the updated Terms to the extent permitted by law.

26. Contact Information

Questions about these Terms may be sent to:

Fernando & James LLC
Email: customerservice@fernandoandjames.com