Terms of service

1) Section 2 — add “limited releases” language (add this at the end of Section 2)

ADD (paste as a new paragraph at the end of Section 2):
Many of our items are released in limited quantities. Once an item is sold out, it may not be restocked. We reserve the right to limit the quantities of any products that we offer to any person, geographic region, or jurisdiction.

2) Section 3 — fix the refund line so it matches “all sales final” (replace the single sentence)

REPLACE this sentence:
“Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].”

WITH this:
Your purchases are final sale and we do not accept returns or exchanges except as expressly stated in our Refund Policy [LINK] (including, where applicable, claims for defective/damaged items, incorrect items, and EU consumer cancellation rights where required by law).

3) Section 5 — adjust “risk of loss” wording (replace last sentence)

REPLACE this sentence:
“Once we transfer products to the carrier, title and risk of loss passes to you.”

WITH this:
Risk of loss passes to you upon delivery to the address provided, as confirmed by the carrier, except where applicable law provides otherwise.

(You still keep your “delivery times are estimates” and “not liable for delays” language.)

4) Section 21 — make governing law specific (replace the whole section)

Your current version is too vague. Replace it with this and fill in the brackets:

REPLACE Section 21 with:
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of [INSERT STATE], without regard to conflict of laws principles. You and BLIZZARD LUCK Apparel consent to venue and personal jurisdiction in the state and federal courts located in [INSERT COUNTY/STATE], except where applicable law provides otherwise.

(If you’re headquartered in Virginia, you’d put Virginia and your city/county.)

5) Overview + Section 10 — make sure links exist and match

  • Replace Privacy Policy [LINK] with your real Privacy Policy page.

  • Replace Refund Policy [LINK] with the final-sale Refund Policy page.

  • Make sure the Refund Policy page includes the EU 14-day section you pasted.

6) Section 24 — fill these in (don’t leave blanks)

At minimum, add:

  • Trading name (exact legal business name if you have it)

  • Business mailing address

  • Business phone (can be a Google Voice number if you prefer)

  • Registration/VAT only if applicable

Optional (but helpful) add-on to reduce sizing-related complaints

Add this one sentence at the end of Section 2:

Please review product descriptions and sizing information carefully prior to purchase.

If you tell me what state you’re using for the business (and the return address you want listed for EU/damage claims), I’ll fill in Section 21 and your Refund Policy return address line cleanly so everything is consistent.


NY rewrite the whole thing with all necessary changes. i dont have a return address yet

Below is a fully rewritten Terms of Service tailored to New York, aligned with your Limited Releases / All Sales Final Refund Policy, and updated to reflect that you do not have a return address yet (so it does not instruct people to mail anything). You can paste this into Shopify and then swap the bracketed items when ready.

TERMS OF SERVICE

OVERVIEW

Welcome to BLIZZARD LUCK Apparel. The terms “we”, “us” and “our” refer to BLIZZARD LUCK Apparel. We operate this store and website, including all related information, content, features, tools, products and services, to provide you with a curated shopping experience (the “Services”). BLIZZARD LUCK Apparel is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service (“Terms”), together with any policies referenced herein, describe your rights and responsibilities when you use the Services. Please read these Terms 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 and our Privacy Policy [INSERT LINK]. If you do not agree, you must not use or access the Services.

SECTION 1 — ACCESS AND ACCOUNT

By agreeing to these Terms, 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 our store or purchasing products), you may be asked to provide certain information, such as your email address, 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 under your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 — OUR PRODUCTS (LIMITED RELEASES)

We have made every effort to provide an accurate representation of our products and services. However, colors and product appearance may vary due to device type, screen settings, and configuration.

We do not warrant that the appearance or quality of any product or service purchased by you will meet your expectations or be exactly as displayed on your screen.

Limited releases. Many BLIZZARD LUCK items are released in limited quantities. Once an item is sold out, it may not be restocked. We reserve the right to limit quantities of any products we offer to any person, geographic region, or jurisdiction, and to discontinue any product at any time.

All product descriptions, pricing, and availability are subject to change at any time without notice, at our sole discretion.

Please review product descriptions and sizing information carefully prior to purchase.

SECTION 3 — ORDERS

When you place an order, you are making an offer to purchase. We reserve the right to accept or decline any order for any reason, at our discretion. Your order is not accepted until we confirm acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting. We may be unable to accommodate cancellation requests after an order is accepted. If we do not accept an order, make a change to it, or cancel it, we will attempt to notify you using the email, billing address, and/or phone number provided at checkout.

Final sale / refunds. Your purchases are final sale and we do not accept returns or exchanges except as expressly stated in our Refund Policy [INSERT LINK] (including, where applicable, claims for defective/damaged items, incorrect items, and EU consumer cancellation rights where required by law).

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 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 expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges.

Prices in our online store may differ from prices offered in physical stores or in online or other stores operated by third parties. From time to time, we may offer promotions on the Services governed by separate terms. If there is a conflict between promotional terms and these Terms, the promotion terms will govern.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our store and to promptly update your information so we can complete your transactions and contact you as needed.

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

SECTION 5 — SHIPPING AND DELIVERY

We are not liable for shipping or delivery delays. Delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, incorrect address information provided at checkout, or events outside our control.

Risk of loss. Risk of loss passes to you upon delivery to the address provided, as confirmed by the carrier, except where applicable law provides otherwise.

SECTION 6 — INTELLECTUAL PROPERTY

The Services and all content included on the Services (including trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof) are owned by BLIZZARD LUCK Apparel, its affiliates, or licensors, and are protected by U.S. and foreign 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, publicly perform, republish, download, store, or transmit any material on the Services without our prior written consent.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting any license or other rights to you under any patent, trademark, copyright, or other intellectual property of BLIZZARD LUCK Apparel, Shopify, or any third party. All rights not expressly granted are reserved.

BLIZZARD LUCK Apparel names, logos, product and service names, designs, and slogans are trademarks of BLIZZARD LUCK Apparel or its licensors. Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the property of their respective owners.

SECTION 7 — OPTIONAL TOOLS

You may be provided access to tools offered by third parties. We do not monitor or control those tools. You acknowledge that we provide access to such tools “as is” and “as available,” without warranties, representations, or conditions of any kind and without endorsement. We have no liability arising from or relating to your use of optional third-party tools.

Future features and tools added to the Services will also be subject to these Terms.

SECTION 8 — THIRD-PARTY LINKS

The Services may include links to third-party websites or functionality. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites. If you choose to leave the Services to access third-party sites, you do so at your own risk.

We are not liable for harm or damages related to your access of any third-party websites or your purchase or use of any products, services, resources, or content from third parties. Please review third-party policies carefully.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

[NOTE TO MERCHANT: This section accurately characterizes Shopify’s relationship with your store and should not be removed or modified.]
BLIZZARD LUCK Apparel is powered by Shopify, which enables us to provide the Services. However, any sales and purchases you make in our store are made directly with BLIZZARD LUCK Apparel. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and BLIZZARD LUCK Apparel, including any injury, damage, or loss resulting from purchased products or services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with BLIZZARD LUCK Apparel.

SECTION 10 — PRIVACY POLICY

All personal information collected through the Services is subject to our Privacy Policy [INSERT LINK]. Certain information may also be subject to Shopify’s privacy practices. By using the Services, you acknowledge that you have read and understand these policies.

Because the Services are hosted by Shopify, Shopify collects and processes information about your access to and use of the Services to provide and improve the Services. Information you submit may be transmitted to and shared with Shopify and third parties that may be located in other countries to provide services to you. Please review our Privacy Policy for more details.

SECTION 11 — FEEDBACK

If you submit ideas, suggestions, feedback, reviews, proposals, plans, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use.

You represent and warrant that: (i) you own or have the necessary rights to submit the Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission; and (iii) the Feedback complies with these Terms.

We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our discretion violates these Terms or applicable law.

SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, there may be information on the Services containing typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct 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 submit an order).

SECTION 13 — PROHIBITED USES

You may use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly, for any unlawful or malicious purpose, to violate laws or regulations, to infringe intellectual property rights, to harass or harm others, to transmit false or misleading information, to send spam, to impersonate any person or entity, or to engage in conduct that restricts others’ use of the Services or could harm BLIZZARD LUCK Apparel, Shopify, or users.

You also agree not to upload or transmit viruses or malicious code, scrape or crawl the Services, collect personal information of others, or interfere with security features of the Services. We reserve the right to suspend or terminate access if we determine you have violated these Terms.

SECTION 14 — TERMINATION

We may terminate these Terms or your access to the Services at any time, without notice, in our sole discretion. You will remain liable for all amounts due up to and including 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 provisions that by their nature should survive.

SECTION 15 — DISCLAIMER OF WARRANTIES

Information on the Services is provided for general information purposes only. We do not warrant the accuracy, completeness, or usefulness of this information, and any reliance is at your own risk.

Except as expressly stated by BLIZZARD LUCK Apparel, 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, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee uninterrupted, timely, secure, or error-free use of the Services. Some jurisdictions do not allow certain warranty disclaimers, so some of the above may not apply to you.

SECTION 16 — LIMITATION OF LIABILITY

To the fullest extent permitted by law, in no case shall BLIZZARD LUCK Apparel, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, or 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, replacement costs, or similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Services or products procured through the Services, even if advised of the possibility of such damages.

Some jurisdictions do not allow limitations of liability for certain damages, so some of the above limitations may not apply to you.

SECTION 17 — INDEMNIFICATION

You agree to indemnify, defend, and hold harmless BLIZZARD LUCK Apparel, 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, arising out of (1) your breach of these Terms or documents incorporated by reference, (2) your violation of any law or the rights of a third party, or (3) your access to or use of the Services.

We will notify you of any indemnifiable claim where required. We may control the defense and settlement of such claim at your expense, 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.

SECTION 18 — SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforceable to the fullest extent permitted by law, and the unenforceable portion will be deemed severed. The remaining provisions remain valid and enforceable.

SECTION 19 — WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms is not a waiver of such right or provision.

These Terms and any policies posted by us on the site constitute the entire agreement between you and us regarding your use of the Services and supersede any prior agreements or communications. Any ambiguities will not be construed against the drafting party.

SECTION 20 — ASSIGNMENT

You may not assign, transfer, or delegate these Terms or your rights or obligations without our prior written consent. We may assign or transfer these Terms without notice to you.

SECTION 21 — GOVERNING LAW

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of laws principles. You and BLIZZARD LUCK Apparel consent to venue and personal jurisdiction in the state and federal courts located in New York County, New York, except where applicable law provides otherwise.

(If you want a different county, replace “New York County” with your preferred one.)

SECTION 22 — HEADINGS

Headings are for convenience only and do not limit or affect these Terms.

SECTION 23 — CHANGES TO TERMS

We reserve the right to update, change, or replace any part of these Terms by posting updates to our website. It is your responsibility to check for changes. We will provide notice of material changes where required by applicable law. Continued use of the Services after changes become effective constitutes acceptance of the updated Terms.

SECTION 24 — CONTACT INFORMATION

Questions about the Terms should be sent to: blizzardluckapparel@gmail.com

BLIZZARD LUCK Apparel
Email: blizzardluckapparel@gmail.com
Business Address: [INSERT BUSINESS ADDRESS]