Terms of service

 

TERMS OF SERVICE

Last Updated: September 28, 2026

OVERVIEW

Welcome to Refined by the Cross, operated by Tobin Party of 6. Throughout these Terms of Service, the terms “we,” “us,” and “our” refer to Refined by the Cross and Tobin Party of 6.

We operate this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a curated shopping experience (collectively, the “Services”).

Our online store is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced herein, describe your rights and responsibilities when you access or use the Services.

Please read these Terms of Service carefully. They contain important information regarding your legal rights, including warranty disclaimers and limitations of liability.

By visiting, interacting with, purchasing from, or otherwise using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not access or use the 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 jurisdiction of residence, or that you are the age of majority and have given consent for any minor dependents to use the Services on devices you own, purchase, or manage.

To use certain portions of the Services or make a purchase, you may be asked to provide information including your name, email address, billing information, payment information, shipping information, and other information necessary to process your transaction.

You represent and warrant that all information you provide is accurate, current, and complete and that you have the right to provide such information.

If you create an account, you are responsible for maintaining the confidentiality and security of your account credentials and for all activity occurring through your account.

You may not transfer, sell, assign, or license your account to another person.


SECTION 2 — OUR PRODUCTS

We make reasonable efforts to accurately display and describe our products, including garment styles, colors, patches, embroidery, prints, materials, dimensions, and other product characteristics.

However, colors and product appearance may differ slightly from what appears on your screen because of differences in device displays, lighting, photography, garment dye lots, manufacturing variations, and other factors outside our control.

Product images and mockups are provided as visual representations of the products offered. We do not guarantee that every finished product will be identical to a digital mockup or photograph.

Hand-applied, embroidered, chenille, printed, patched, garment-dyed, distressed, washed, or otherwise individually produced products may contain reasonable variations in color, stitching, texture, placement, size, distressing, or appearance.

These natural production differences are not necessarily considered defects.

All product descriptions, availability, prices, colors, sizes, styles, and other specifications are subject to change without notice.

We reserve the right to discontinue any product at any time or limit quantities available to any person, household, geographic area, or jurisdiction.


SECTION 3 — CUSTOM, MADE-TO-ORDER & PICK YOUR PATCH PRODUCTS

Many products offered by Refined by the Cross are customized, made to order, assembled after purchase, or created according to selections made by the customer.

This includes, but is not limited to:

  • Pick Your Patch products;
  • school or team apparel;
  • customized garments;
  • chenille patch products;
  • embroidered products;
  • made-to-order apparel;
  • customized hats;
  • personalized products; and
  • products created using customer-selected combinations of garments, colors, patches, or designs.

Customers are responsible for reviewing all selections carefully before submitting an order, including garment style, size, color, school, team, patch, design, placement, and quantity.

Once production or customization has begun, we may be unable to change or cancel the order.

Digital product previews and mockups are intended to help customers visualize the finished product. They are not precise manufacturing proofs.

Patch size, placement, stitching, embroidery, colors, garment shades, print placement, and other details may vary slightly from the preview shown online.

Custom and made-to-order products are subject to the eligibility requirements and exclusions stated in our Refund Policy.

Nothing in this section limits any rights provided to consumers under applicable law.


SECTION 4 — ORDERS

When you place an order, you are making an offer to purchase the selected products.

We reserve the right to accept, reject, limit, or cancel an order as permitted by law.

An order is not considered accepted until we confirm acceptance and process payment.

Please review your order carefully before submitting it.

Because many of our products are produced or customized specifically for the customer, cancellation or modification requests may not be possible once production has begun.

If we need to change or cancel an order, we will attempt to contact you using the email address, billing information, shipping information, or telephone number provided when the order was placed.

We reserve the right to limit or prohibit orders that, in our reasonable judgment, appear to be placed by dealers, resellers, distributors, or other persons purchasing primarily for commercial resale.

Your purchase is also subject to our Refund Policy and Shipping Policy.


SECTION 5 — PRICES, PROMOTIONS AND BILLING

Prices, discounts, promotions, and product availability are subject to change without notice.

The price charged for a product will be the price displayed at the time your order is placed, subject to correction of obvious pricing or typographical errors as permitted by law.

Unless otherwise expressly stated, prices do not include applicable taxes, shipping charges, customs fees, duties, or other governmental charges.

Prices available online may differ from prices offered at physical retail locations, pop-up events, markets, boutiques, or other sales channels.

From time to time, we may offer sales, discount codes, promotions, or special offers. Additional terms may apply to such promotions.

Unless otherwise stated, discounts cannot be combined.

You agree to provide current, complete, and accurate billing, payment, and account information for all purchases.

You represent and warrant that you are authorized to use the payment method provided and that the information submitted is accurate.


SECTION 6 — SHIPPING, DELIVERY AND ORDER DELAYS

Shipping and processing times displayed on our website are estimates unless expressly stated otherwise.

Made-to-order and customized products may require additional production time before shipment.

We will make reasonable efforts to ship products within any timeframe clearly stated at the time of purchase.

If no specific shipment timeframe is stated, applicable federal law generally requires online sellers to have a reasonable basis for expecting shipment within 30 days. If we are unable to ship within the promised timeframe, or within the legally applicable timeframe when no specific promise was made, we will provide any notice and cancellation/refund options required by law. Federal Trade Commission

Delivery dates provided by carriers are estimates unless expressly guaranteed by the carrier.

We are not responsible for delays caused by carriers, severe weather, natural disasters, governmental action, customs processing, address errors supplied by the customer, or other circumstances outside our reasonable control.

Customers are responsible for providing an accurate and complete shipping address.

If an order is returned because of an incorrect or incomplete address provided by the customer, additional shipping charges may apply before the order can be resent.

If tracking shows that a package is lost, damaged, or otherwise experiences a delivery problem, please contact us so we can help determine the appropriate next steps.

Nothing in this section limits any rights or remedies available under applicable consumer protection law.


SECTION 7 — RETURNS, REFUNDS AND EXCHANGES

Returns, refunds, exchanges, damaged-item claims, and order-cancellation requests are governed by our Refund Policy, which is incorporated into these Terms by reference.

Because many Refined by the Cross products are custom, personalized, or made to order, certain products may not be eligible for return or exchange except where defective, damaged, incorrect, or otherwise required by law.

Please review our Refund Policy before completing your purchase.


SECTION 8 — SCHOOL NAMES, MASCOTS AND THIRD-PARTY MARKS

Certain products may reference schools, teams, mascots, geographic communities, colors, athletic programs, organizations, or other third-party names or identifiers.

School names, mascots, logos, trademarks, team names, and other identifying marks may be owned by their respective schools, school districts, organizations, associations, licensors, or other trademark owners.

Unless expressly stated otherwise, Refined by the Cross and Tobin Party of 6 do not represent that they are affiliated with, sponsored by, endorsed by, or officially licensed by any particular school, school district, athletic program, organization, association, or trademark owner.

All third-party names, logos, trademarks, and other intellectual property remain the property of their respective owners.

Nothing in these Terms grants customers any license or right to reproduce or commercially use third-party intellectual property appearing on products or through the Services.


SECTION 9 — INTELLECTUAL PROPERTY

The Services and their original content—including our branding, photographs, graphics, product photography, website designs, written content, product descriptions, original artwork, videos, logos, and other materials—are owned by or licensed to Tobin Party of 6 / Refined by the Cross and are protected by applicable copyright, trademark, and other intellectual property laws.

These Terms allow you to use the Services solely for personal, non-commercial purposes.

Unless we provide prior written permission, you may not reproduce, copy, modify, distribute, republish, publicly display, sell, transmit, create derivative works from, or commercially exploit our original materials.

The names Tobin Party of 6 and Refined by the Cross, together with associated logos, branding, designs, and slogans owned by us, may not be used in a manner that suggests affiliation, sponsorship, endorsement, or authorization without our written permission.

Shopify's trademarks and intellectual property belong to Shopify.

Third-party trademarks appearing through the Services remain the property of their respective owners.


SECTION 10 — GIVING BACK

Refined by the Cross is committed to supporting pediatric brain tumor research.

Unless otherwise expressly stated for a particular promotion, 10% of profits from Refined by the Cross are donated to pediatric brain tumor research.

The specific organizations, research programs, institutions, or initiatives receiving donations may change from time to time.

A customer's purchase is a commercial purchase from Refined by the Cross and is not itself a charitable contribution.

Accordingly, purchases are not tax-deductible charitable donations unless expressly stated otherwise.

Nothing on our website should be interpreted as representing that Refined by the Cross or Tobin Party of 6 is itself a charitable organization unless specifically stated.


SECTION 11 — OPTIONAL AND THIRD-PARTY TOOLS

We may provide access to features, applications, tools, integrations, or services offered by third parties.

We may not monitor or control those third-party tools.

Access to third-party tools may be provided “as is” and “as available,” and use of such tools may be subject to separate terms and privacy policies established by the third-party provider.

Your use of third-party tools is at your own discretion and risk.

We may introduce additional features, tools, resources, or services in the future. Unless otherwise stated, those additions will also be considered part of the Services and subject to these Terms.


SECTION 12 — THIRD-PARTY LINKS

The Services may contain links to websites, social-media platforms, payment providers, service providers, or other resources operated by third parties.

We are not responsible for reviewing or verifying the accuracy, security, availability, content, or practices of third-party websites.

Accessing third-party websites is at your own risk.

We encourage you to review the terms, privacy policies, return policies, and other practices of any third-party website before providing information or completing a transaction.

Questions or concerns regarding third-party products or services should generally be directed to the applicable third party.


SECTION 13 — RELATIONSHIP WITH SHOPIFY

Refined by the Cross / Tobin Party of 6 is powered by Shopify, which enables us to provide the Services.

However, purchases made through our store are transactions directly between you and Tobin Party of 6 / Refined by the Cross.

By using the Services, you acknowledge and agree that Shopify is not the seller of products purchased from our store and is not responsible for the fulfillment or quality of those products.

To the fullest extent permitted by applicable law, you release Shopify and its affiliates from claims, damages, and liabilities arising solely from your purchases and transactions with Refined by the Cross / Tobin Party of 6.


SECTION 14 — PRIVACY

Personal information collected through the Services is handled in accordance with our Privacy Policy.

Because our online store is hosted by Shopify, Shopify also collects and processes certain personal information relating to your access to and use of our store.

Information submitted through our store may be transmitted to Shopify and other service providers that assist us in providing the Services.

Please review our Privacy Policy for more information regarding how personal information is collected, used, disclosed, retained, and protected.


SECTION 15 — REVIEWS, FEEDBACK AND USER CONTENT

If you submit, upload, post, email, tag, message, review, photograph, testimonial, suggestion, idea, or other content to us or through the Services (“Feedback”), you represent that you have the right to provide that content.

Unless prohibited by law or expressly agreed otherwise, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, publish, display, distribute, adapt, and promote Feedback in connection with our business and Services.

You represent and warrant that your Feedback:

  1. does not infringe the rights of another person;
  2. is not knowingly false or misleading;
  3. does not contain unlawful, defamatory, threatening, obscene, or malicious material; and
  4. complies with these Terms.

If you receive compensation, free products, discounts, or other incentives in connection with a review or endorsement, you are responsible for making any disclosure required by applicable law.

We reserve the right, but are not obligated, to remove Feedback we reasonably believe violates these Terms or applicable law.


SECTION 16 — ERRORS, INACCURACIES AND OMISSIONS

From time to time, information available through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, photographs, availability, pricing, promotions, shipping charges, production times, or other information.

We reserve the right to correct errors, inaccuracies, or omissions and to update information as permitted by applicable law.

If an error materially affects an order already placed, we will take reasonable steps to communicate with the customer and provide any remedies required by applicable law.


SECTION 17 — PROHIBITED USES

You may use the Services only for lawful purposes.

You may not use the Services:

  • for unlawful or fraudulent activity;
  • to violate applicable federal, state, local, or international laws;
  • to infringe our intellectual property or the rights of another person;
  • to harass, threaten, abuse, defame, or unlawfully discriminate against another person;
  • to submit knowingly false or misleading information;
  • to transmit malicious software, viruses, or harmful code;
  • to collect personal information about others without authorization;
  • to spam, phish, scrape, or otherwise abuse the Services;
  • to impersonate another person or organization;
  • to interfere with the security or proper operation of the Services; or
  • to reproduce, scrape, extract, resell, or commercially exploit substantial portions of our Services or content without authorization.

We reserve the right to suspend or terminate access to the Services if we reasonably believe these Terms have been violated.


SECTION 18 — AUTOMATED SYSTEMS AND AGENTS

If software, artificial intelligence systems, automated agents, bots, crawlers, scrapers, or similar technologies access or interact with the Services, such access must comply with these Terms and any technical restrictions we implement.

Automated systems may not circumvent security measures, CAPTCHA systems, robot exclusions, access controls, rate limits, or other mechanisms designed to regulate access to the Services.

We reserve the right to restrict automated access to the Services where permitted by law.


SECTION 19 — TERMINATION

We may suspend or terminate access to the Services if you materially violate these Terms, engage in fraudulent or unlawful conduct, misuse the Services, or otherwise create a material risk to us, our customers, Shopify, or our service providers.

Termination does not eliminate obligations incurred before termination.

Provisions that by their nature should survive termination—including provisions relating to intellectual property, payment obligations, disclaimers, limitations of liability, indemnification, privacy, and governing law—will survive termination.


SECTION 20 — DISCLAIMER OF WARRANTIES

To the fullest extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis.

Except where expressly stated by us or required by applicable law, we do not make warranties regarding uninterrupted availability, error-free operation, or the suitability of the Services for every particular purpose.

Product-specific warranties, if any, will be stated in the applicable product description or provided by the product manufacturer.

Certain states or jurisdictions do not permit the exclusion of particular warranties, so some exclusions in these Terms may not apply to you.

Nothing in these Terms excludes warranties or consumer rights that cannot legally be waived.


SECTION 21 — LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Refined by the Cross, Tobin Party of 6, and our respective affiliates, employees, contractors, agents, service providers, and licensors will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising from your use of the Services or purchase of products.

This limitation includes, where permitted by law, damages arising from loss of profits, revenue, savings, data, business opportunity, or similar losses.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited.

Some jurisdictions do not allow certain exclusions or limitations of liability. In those jurisdictions, our liability will be limited only to the maximum extent permitted by law.


SECTION 22 — INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless Tobin Party of 6 / Refined by the Cross and our affiliates, officers, employees, agents, contractors, licensors, and service providers from third-party claims, losses, damages, liabilities, and reasonable legal expenses arising from:

  1. your material breach of these Terms;
  2. your violation of applicable law;
  3. your infringement of another person's rights; or
  4. your misuse of the Services.

We will provide reasonable notice of an indemnifiable claim and may participate in or control the defense as permitted by law.


SECTION 23 — SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforced to the maximum extent permitted by law and the unenforceable portion will be severed.

The remaining provisions will continue in full force and effect.


SECTION 24 — WAIVER AND ENTIRE AGREEMENT

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other right.

These Terms, together with our Privacy Policy, Refund Policy, Shipping Policy, and any additional policies or terms posted through the Services, constitute the agreement governing your use of the Services.

If there is a conflict between these Terms and a specific promotion or product-specific term, the more specific term will control with respect to that promotion or product.


SECTION 25 — ASSIGNMENT

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

We may assign or transfer our rights and obligations in connection with a sale, restructuring, merger, acquisition, transfer of assets, or other lawful business transaction.


SECTION 26 — GOVERNING LAW

These Terms and any separate agreements through which we provide Services will be governed by applicable United States federal law and the laws of the state in which Tobin Party of 6 is headquartered, without regard to conflict-of-law principles, except where applicable consumer law requires otherwise.

Any dispute subject to court jurisdiction will be brought in a court having lawful jurisdiction over the dispute.

Nothing in these Terms deprives a consumer of protections that cannot legally be waived under applicable law.


SECTION 27 — CHANGES TO THESE TERMS

We may update these Terms from time to time to reflect changes to our Services, products, business practices, legal requirements, or other operational needs.

The current version will be posted on this page along with the date of the most recent update.

When required by applicable law, we will provide notice of material changes.

Your continued use of the Services after updated Terms become effective constitutes acceptance of those Terms to the extent permitted by law.


SECTION 28 — CONTACT INFORMATION

Questions regarding these Terms of Service may be sent to:

Refined by the Cross
Operated by Tobin Party of 6
Email: tobinpartyof6@gmail.com