Terms of service

OVERVIEW

Welcome to Evil Shirts. The terms "we", "us" and "our" refer to Evil Shirts. Evil Shirts operates 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.

Evil Shirts is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein, describe your rights and responsibilities when you use our website, browse our store, or purchase products from us.

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

By visiting, interacting with, purchasing from, or 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 Privacy Policy, you should 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, province, or country of residence, or that you are the age of majority and 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 accessing or browsing our online store or purchasing any products we offer, you may be asked to provide certain information, such as your email address, billing information, payment information, and shipping information. You represent and warrant that all information you provide is correct, current, and complete.

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

SECTION 2 - OUR PRODUCTS

We make every effort to display our products accurately in our online store. However, colors, sizing, print placement, and product appearance may vary slightly depending on your device, screen settings, product type, print provider, and production process.

Evil Shirts sells made-to-order apparel and related products. Because products are produced after an order is placed, slight variations may occur.

We do not guarantee that the appearance, color, print quality, size, or overall product will exactly match how it appears on your screen.

All product descriptions, prices, designs, and availability are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities of any products we offer.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Evil Shirts reserves the right to accept or decline your order for any reason at our discretion.

Your order is not accepted until your payment has been processed and your order has been confirmed. Please review your order carefully before submitting it, including product selection, size, color, shipping address, and contact information.

Because our products are made to order, we may be unable to accommodate cancellation requests once an order has been accepted, processed, or sent to production.

If we need to cancel, modify, or decline an order, we will attempt to notify you using the email address, billing information, or phone number provided at the time the order was placed.

Your purchases are subject to our Return and Refund Policy.

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

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be shown in your order confirmation.

Unless otherwise stated, posted prices do not include taxes, shipping, handling, customs, duties, or import charges.

We may offer promotions from time to time. Promotions may have separate terms and conditions. If there is a conflict between promotion terms and these Terms of Service, the promotion terms will apply.

You agree to provide current, complete, and accurate purchase, payment, billing, and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address and payment information, so that we can complete your transactions and contact you as needed.

You represent and warrant that any payment information you provide is true, correct, and complete, that you are authorized to use the payment method provided, and that charges incurred by you will be honored by your payment provider.

SECTION 5 - SHIPPING AND DELIVERY

Orders are produced after purchase. Production and shipping times are estimates only and are not guaranteed.

We are not liable for shipping or delivery delays caused by carriers, fulfillment providers, customs processing, incorrect shipping information, weather, natural disasters, labor disruptions, or events outside of our control.

Customers are responsible for providing a complete and accurate shipping address at checkout. Evil Shirts is not responsible for orders delayed, lost, returned, or delivered incorrectly due to inaccurate or incomplete shipping information provided by the customer.

Once an order has been transferred to the shipping carrier, risk of loss may pass to the customer, subject to applicable law.

SECTION 6 - RETURNS, REFUNDS, AND CANCELLATIONS

Returns, refunds, exchanges, and cancellations are handled according to our Return and Refund Policy.

Because our products are made to order, we generally do not accept returns or exchanges for buyer’s remorse, change of mind, incorrect size selection, or ordering the wrong product.

If your item arrives damaged, defective, or incorrect, please contact us at Shopevilshirts@pm.me with your order number and photos of the issue so we can review the matter and work with you to make it right.

SECTION 7 - INTELLECTUAL PROPERTY

Our Services, including but not limited to our store design, text, graphics, images, product designs, product names, logos, branding, displays, videos, audio, and the selection and arrangement of these materials, are owned by Evil Shirts, its affiliates, or licensors and are protected by copyright, trademark, and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only.

You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, transmit, sell, or exploit any material from the Services without our prior written consent.

Nothing in these Terms grants you any license or ownership rights in the intellectual property of Evil Shirts, Shopify, or any third party.

Evil Shirts names, logos, product names, service names, designs, and slogans are trademarks or brand assets of Evil Shirts or its licensors. You may not use them without prior written permission.

Shopify’s name, logo, product names, service names, designs, and slogans are trademarks of Shopify. All other names, logos, product names, service names, designs, and slogans appearing through the Services are the property of their respective owners.

SECTION 8 - OPTIONAL TOOLS

We may provide you with access to third-party tools or features that we do not monitor and over which we have no control.

You acknowledge and agree that access to such tools is provided "as is" and "as available" without warranties, representations, or conditions of any kind and without endorsement.

Any use of optional third-party tools is entirely at your own risk and discretion. You should ensure that you understand and approve of the terms provided by the relevant third-party provider.

We may also offer new features, tools, or resources through the Services in the future. Such features will also be subject to these Terms of Service.

SECTION 9 - THIRD-PARTY LINKS

The Services may contain links to websites, materials, or services provided or operated by third parties.

We are not responsible for examining or evaluating the content, accuracy, policies, practices, products, or services of any third-party websites or materials.

If you choose to access third-party websites or services, you do so at your own risk. We are not liable for any harm or damages related to your access to third-party websites or your purchase or use of products, services, resources, or content from third parties.

Please review third-party policies and practices carefully before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the relevant third party.

SECTION 10 - RELATIONSHIP WITH SHOPIFY

Evil Shirts is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases made in our store are made directly with Evil Shirts.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Evil Shirts, including any injury, damage, or loss resulting from purchased products or 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 Evil Shirts.

SECTION 11 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify’s Privacy Policy.

By using the Services, you acknowledge that you have read our Privacy Policy.

Because the Services are hosted by Shopify, Shopify may collect and process personal information about your access to and use of the Services in order to provide and improve the Services. Information you submit through the Services may be transmitted to and shared with Shopify and other service providers, including third parties that may be located in countries other than where you reside.

SECTION 12 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content to us, you grant Evil Shirts a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, display, and otherwise exploit such feedback in any medium for any purpose, including commercial use.

You represent and warrant that you own or have all necessary rights to any feedback you provide and that your feedback does not violate the rights of any third party.

We are under no obligation to maintain feedback in confidence, pay compensation for feedback, or respond to feedback.

We may, but have no obligation to, monitor, edit, or remove feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene, infringing, or otherwise objectionable.

SECTION 13 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, or availability.

We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order.

SECTION 14 - PROHIBITED USES

You may access and use the Services for lawful purposes only.

You may not use the Services, directly or indirectly:

(a) for any unlawful or malicious purpose;
(b) to violate any international, federal, state, provincial, or local laws or regulations;
(c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any person;
(e) to transmit false or misleading information;
(f) to upload, transmit, or distribute viruses, malware, or other harmful code;
(g) to send spam, phishing messages, or unsolicited promotional materials;
(h) to impersonate another person or entity;
(i) to collect or track the personal information of others;
(j) to interfere with or circumvent the security features of the Services;
(k) to scrape, copy, reproduce, duplicate, sell, resell, or exploit any portion of the Services without permission; or
(l) to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services or that may harm Evil Shirts, Shopify, or users of the Services.

We reserve the right to suspend, disable, or terminate access to the Services at any time if we determine that these Terms have been violated.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services, or any part of the Services, at our sole discretion at any time without notice.

You will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

 SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY Evil Shirts, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL Evil Shirts, 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, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Evil Shirts, 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 due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (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 any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 19 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Evil Shirts is headquartered. You and Evil Shirts consent to venue and personal jurisdiction in such courts.

SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at Shopevilshirts@pm.me.

Evil Shirts
Shopevilshirts@pm.me