Terms of service

Last Updated: August 29, 2026

1. OVERVIEW AND ACCEPTANCE OF TERMS

This website is operated by Pitchman Pens. Throughout the site, the terms “Pitchman Pens,” “we,” “us,” and “our” refer to Pitchman Pens.

Pitchman Pens provides this website, including the information, products, features, and services available through it, subject to these Terms of Service (“Terms”).

By visiting our website, making a purchase, or otherwise using our services, you agree to be bound by these Terms, as well as any additional policies referenced or linked within them, including our Privacy Policy, Returns and Refund Policy, Shipping Policy, and Warranty Policy.

Please read these Terms carefully before using our website. If you do not agree with these Terms, you should not use the website or purchase products through it.

We may update these Terms from time to time. The most current version will always be available on this page. Your continued use of the website after changes are posted constitutes acceptance of the revised Terms.

Our online store is hosted by Shopify Inc., which provides the ecommerce platform that allows us to sell our products and services to you.

2. ELIGIBILITY AND USE OF THE WEBSITE

By making a purchase through our website, you represent that you have the legal capacity to enter into a binding agreement.

You may not use our website, products, or services for any unlawful or unauthorized purpose or in violation of any applicable law or regulation.

You may not attempt to interfere with the operation or security of the website, introduce malicious code, gain unauthorized access to systems or information, or use the website in a manner that could damage, disable, overburden, or impair its operation.

We reserve the right to refuse service, restrict access, cancel transactions, or terminate use of the website when reasonably necessary to protect Pitchman Pens, our customers, or our systems.

3. OUR PRODUCTS AND HANDCRAFTED CHARACTERISTICS

Pitchman pens are individually handcrafted. Because of the nature of handcrafted production and the materials used, individual pens may vary slightly from photographs, samples, or other pens of the same model.

Natural materials, including shell, Mother of Pearl, and other naturally occurring materials, may vary in color, pattern, texture, figure, and appearance. These variations are inherent characteristics of the materials and craftsmanship and are not considered defects.

We make every reasonable effort to display product photographs, colors, finishes, dimensions, and descriptions accurately. However, colors and other visual characteristics may appear differently depending on your device, screen settings, lighting conditions, or the natural variation of the materials.

Product photographs are intended to accurately represent the design and general appearance of the product but may not represent the exact pattern or appearance of the individual pen you receive unless expressly stated otherwise.

4. PRODUCT AVAILABILITY AND LIMITED PRODUCTION

Many Pitchman products are handcrafted in limited quantities or produced individually.

Product availability may therefore be limited and may change without notice.

We reserve the right to:

  • Limit the quantity of a product available for purchase.

  • Limit sales to particular customers, geographic regions, countries, or jurisdictions.

  • Discontinue or modify a product at any time.

  • Temporarily suspend orders when production capacity requires it.

  • Decline orders that cannot reasonably be fulfilled.

The appearance of a product on our website does not guarantee its continued availability.

5. PRICING

Prices displayed on the website are subject to change without notice.

We make reasonable efforts to ensure that pricing information is accurate. If a product is listed at an incorrect price because of a typographical, technical, administrative, or other error, we reserve the right to correct the error and, when appropriate, cancel the affected order.

If payment has already been collected for an order that we cancel because of a pricing or listing error, the applicable amount will be refunded.

Unless otherwise indicated, prices do not necessarily include shipping charges, taxes, duties, import charges, or other governmental fees that may apply to an order.

6. ORDERS AND ORDER ACCEPTANCE

Submitting an order through our website constitutes an offer to purchase the selected products.

Receipt of an automated order confirmation does not necessarily constitute our final acceptance of the order.

We reserve the right to verify order information and to accept, decline, limit, or cancel an order for legitimate business reasons, including:

  • Suspected fraud or unauthorized payment activity.

  • Incorrect or incomplete billing or shipping information.

  • Pricing or product-listing errors.

  • Product or material availability.

  • Production limitations.

  • Shipping restrictions.

  • Orders that appear to be intended for unauthorized resale or distribution.

  • Other circumstances that reasonably prevent us from fulfilling the order.

If we cancel an order after payment has been collected, the applicable amount will be refunded to the original payment method.

7. BILLING AND CUSTOMER INFORMATION

You agree to provide current, complete, and accurate information when placing an order.

This includes your name, billing information, shipping information, email address, telephone number, and any other information reasonably required to process and fulfill your order.

You are responsible for reviewing the information provided before submitting your order.

We are not responsible for delays, failed deliveries, or other issues caused by inaccurate or incomplete information provided by the customer.

If we need additional information to process or verify an order, we may contact you using the information provided during checkout.

8. PAYMENT

Payment must be made using one of the payment methods made available during checkout.

Payment processing may be provided by Shopify or other third-party payment providers. Your use of those payment services may also be subject to the applicable provider's terms and policies.

We do not guarantee that every payment method will be available in every country or for every transaction.

Orders may be subject to payment authorization, verification, fraud screening, or other security procedures before fulfillment.

9. SHIPPING AND DELIVERY

Shipping options, estimated delivery times, and applicable shipping charges will be presented as available during checkout or described in our Shipping Policy.

Delivery dates and transit times are estimates and are not guaranteed unless expressly stated otherwise.

Shipping delays may occur because of circumstances outside our reasonable control, including carrier delays, customs processing, weather, transportation interruptions, labor disruptions, governmental actions, or other events.

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

Additional terms relating to shipping and delivery are provided in our Shipping Policy.

10. INTERNATIONAL ORDERS, TAXES, DUTIES AND IMPORT CHARGES

Pitchman Pens may make products available for purchase in selected countries and markets.

Product availability, currencies, payment methods, shipping services, taxes, and other checkout options may vary by destination.

Applicable sales taxes, value-added taxes, duties, customs charges, import fees, or other governmental charges will be handled as disclosed during checkout and in our applicable policies.

Where duties, taxes, or import charges are not collected during checkout, additional charges may be imposed by the destination country, customs authority, carrier, or other governmental agency.

Pitchman Pens does not control charges imposed independently by governmental authorities.

International customers are responsible for complying with applicable laws and import requirements within their country or jurisdiction.

Nothing in these Terms is intended to limit consumer rights that cannot lawfully be excluded or waived under applicable law.

11. RETURNS AND REFUNDS

Returns, exchanges, and refunds are governed by our Returns and Refund Policy.

Customers wishing to request a return should begin the process through our dedicated Returns page at:

https://pitchmanpens.com/pages/returns

Customers should not send a product back to Pitchman Pens without first completing the return-request process and receiving return instructions.

Eligibility requirements, applicable time periods, product-condition requirements, fees, return-shipping procedures, refund processing, and exclusions are explained in our Returns and Refund Policy.

If there is a conflict between this section and the Returns and Refund Policy regarding a return or refund, the Returns and Refund Policy will control.

12. PRODUCT WARRANTY

Pitchman Pens stands behind its craftsmanship and provides product warranty coverage as described in our published Warranty Policy.

Warranty eligibility, coverage periods, exclusions, registration benefits, repair procedures, and other applicable conditions are governed by that policy.

Except for the express warranties specifically provided by Pitchman Pens, and any warranties or legal rights that cannot lawfully be excluded, products and services are subject to the limitations described in these Terms.

Nothing in these Terms is intended to eliminate or restrict any warranty, remedy, or consumer protection that cannot legally be excluded.

13. INTELLECTUAL PROPERTY

The content of this website, including but not limited to text, product descriptions, photographs, graphics, logos, trademarks, designs, videos, page layouts, and other materials, is owned by or licensed to Pitchman Pens and is protected by applicable intellectual-property laws.

You may use the website and its content for personal, non-commercial purposes.

You may not reproduce, copy, modify, publish, distribute, sell, license, exploit, or commercially use our website content without prior written permission from Pitchman Pens, except where otherwise permitted by law.

Nothing on this website grants any license or right to use the Pitchman Pens name, trademarks, logos, product imagery, or other intellectual property without our prior written authorization.

14. REVIEWS, TESTIMONIALS, FEEDBACK AND CUSTOMER CONTENT

Customers may have opportunities to submit product reviews, testimonials, photographs, comments, or other content intended for publication.

By voluntarily submitting content specifically for publication or promotional use, you represent that you have the right to provide that content and that its use will not violate the rights of another person or organization.

Unless otherwise agreed, you grant Pitchman Pens a non-exclusive, worldwide, royalty-free right to use, reproduce, display, publish, and share content that you intentionally submit for publication, marketing, or promotional purposes.

This provision does not mean that ordinary private customer communications, customer-service inquiries, personal information, or information submitted in connection with an order may automatically be used publicly.

Our handling of personal information is governed by our Privacy Policy.

We reserve the right to decline, remove, or moderate publicly submitted content that is unlawful, fraudulent, abusive, defamatory, obscene, misleading, infringes intellectual-property rights, contains malicious software, or otherwise violates these Terms.

15. THIRD-PARTY SERVICES AND LINKS

Our website may contain links to third-party websites, applications, services, payment providers, shipping providers, or other resources that are not owned or controlled by Pitchman Pens.

We are not responsible for the content, security, accuracy, availability, privacy practices, products, services, or policies of third parties.

Your interaction with a third-party service is governed by the terms and policies of that third party.

We encourage customers to review applicable third-party terms and privacy policies when using those services.

16. PRIVACY

Your submission and our handling of personal information are governed by our Privacy Policy.

By using our website, you acknowledge that information may be processed as described in that policy.

17. ACCURACY OF WEBSITE INFORMATION

We make reasonable efforts to keep the information on our website accurate and current.

However, the website may occasionally contain typographical errors, inaccuracies, omissions, outdated information, or incorrect information relating to product descriptions, pricing, availability, promotions, shipping charges, transit times, or other matters.

We reserve the right to correct errors, update information, or cancel an affected order when appropriate.

We are not obligated to update historical, editorial, educational, or informational content unless required by law.

18. PROHIBITED USES

You may not use the website or its content:

  • For any unlawful purpose.

  • To violate applicable laws or regulations.

  • To infringe our intellectual-property rights or the rights of others.

  • To submit fraudulent, false, deceptive, or misleading information.

  • To distribute malware, viruses, malicious code, or harmful technology.

  • To gain unauthorized access to accounts, systems, networks, or information.

  • To collect personal information about others without authorization.

  • To interfere with the operation or security of the website.

  • To use automated methods to scrape, copy, harvest, or extract website content in violation of applicable law or our rights.

  • To impersonate another person or misrepresent your identity.

  • To use the website in a manner that could harm Pitchman Pens, our customers, or another person.

We reserve the right to restrict or terminate access to the website for violations of these Terms.

19. DISCLAIMER OF WEBSITE WARRANTIES

We make reasonable efforts to maintain the availability, security, and functionality of our website.

However, we do not guarantee that the website will always operate uninterrupted, error-free, or without delay.

The website and its online functionality are provided on an “as available” basis to the maximum extent permitted by law.

This section does not eliminate or modify any express product warranty provided by Pitchman Pens or any rights that cannot lawfully be excluded.

20. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Pitchman Pens and its owners, officers, employees, contractors, service providers, suppliers, and affiliates will not be liable for indirect, incidental, special, punitive, exemplary, or consequential damages arising from your use of the website or purchase of products through the website.

This may include, where permitted by law, lost profits, lost revenue, lost savings, loss of data, or other similar losses.

Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by law.

The limitations in this section do not reduce any express warranty obligations undertaken by Pitchman Pens under our Warranty Policy.

21. INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless Pitchman Pens and its owners, officers, employees, contractors, agents, service providers, suppliers, and affiliates from claims, damages, liabilities, losses, and reasonable costs arising from:

  • Your material breach of these Terms.

  • Your unlawful use of the website.

  • Your violation of the rights of another person or organization.

  • Content you submit in violation of these Terms.

This provision does not apply where prohibited by applicable consumer law.

22. TERMINATION

These Terms remain effective while you use the website or our services.

You may stop using the website at any time.

We may restrict, suspend, or terminate your access to some or all website services if you materially violate these Terms or if such action is reasonably necessary to protect Pitchman Pens, our customers, our systems, or third parties.

Termination does not affect rights, obligations, payments, warranties, liabilities, or other provisions that by their nature are intended to survive termination.

23. 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 or severed where necessary.

The remaining provisions will continue in full force and effect.

24. WAIVER

If Pitchman Pens does not exercise or enforce a right or provision under these Terms, that does not constitute a waiver of that right or provision.

Any waiver must be expressly made and applies only to the specific circumstance for which it is given.

25. ENTIRE AGREEMENT

These Terms, together with the policies and other terms incorporated by reference, constitute the agreement between you and Pitchman Pens concerning your use of the website and purchases made through it.

They supersede prior versions of these Terms relating to the same subject matter.

26. GOVERNING LAW

These Terms and any separate agreements through which Pitchman Pens provides products or services will be governed by and construed in accordance with the laws of the State of Georgia, United States, without regard to conflict-of-law principles, except where applicable consumer law requires otherwise.

Nothing in this section is intended to deprive a consumer of protections that cannot legally be waived under the laws applicable to that consumer.

27. CHANGES TO THESE TERMS

We may update or revise these Terms from time to time to reflect changes in our business, website, products, policies, technology, legal requirements, or other circumstances.

The current version will be posted on this page with the date of the latest revision.

Your continued use of the website following the posting of revised Terms constitutes acceptance of those revisions to the extent permitted by applicable law.

28. CONTACT INFORMATION

Questions regarding these Terms of Service may be sent to:

Pitchman Pens
Email: sales@pitchmanpens.com