Terms of service

OVERVIEW

Welcome to BAD ONE! The terms "we," "us," and "our" refer to BAD ONE. BAD ONE operates this store and website, including the information, content, features, tools, products, and services, to provide you, the customer, with an adequate shopping experience (the "Services"). BAD ONE is powered by Shopify, which allows us to provide you with the Services.

The terms and conditions below, along with any policies contained therein ("Terms of Service" or "Terms") describe your rights and responsibilities when using the Services.

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, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you must 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 or province of residence, and 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 accessing or Browse our online stores or purchasing products and services we offer, you may need to provide certain information such as your email address and billing, payment, and shipping details. You represent and warrant that all information you provide in our stores is correct, current, and complete, and that you have all necessary rights to provide such information. The activity of your account and the protection of your account credentials are your responsibility. You shall not transfer, sell, assign, or license your account to other people.

 

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate presentation of our products and services in our online stores. However, the display of colors and the appearance of products may vary depending on the type of device you use to access the store and the settings and configuration of that device. We cannot guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to what is described or shown in our online stores. All product descriptions 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 to limit the quantities of products offered for any person, geographical area, or jurisdiction from time to time.

 

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. BAD ONE reserves the right to accept or decline your order at its sole discretion for any reason. Your order is not confirmed until BAD ONE confirms its acceptance. Before accepting an order, we must receive and process the payment. Please carefully check your order before submission, as BAD ONE may not be able to fulfill requests to cancel an order after acceptance. If we decline, modify, or cancel an order, we will notify you by contacting you via the email, billing address, and/or phone number you provided when you submitted the order. Your purchases are subject to return or exchange exclusively in accordance with our Refund Policy [LINK]. You represent and warrant that you are making purchases for your personal or family use and not for resale or export.

 

SECTION 4 - PRICING AND BILLING

Prices, discounts, and offers are subject to change without notice. The price charged for a product or service will be the effective price at the time of order submission, and you can view it in the order confirmation email. Unless otherwise specified, published prices do not include taxes, customs duties, or shipping, handling, and import costs.

Prices published in our online stores may differ from prices offered in physical or online stores or in other stores operated by third parties. From time to time we may offer promotions on the Services that affect pricing and are subject to terms and conditions independent of these Terms. In case of a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.

For all purchases made in our stores, you agree to provide correct, current, and complete purchase, payment, and account information. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are authorized to use such credit card for the purchases, (iii) the charges incurred by you will be honored by your credit card company, and (iv) you will pay the charges incurred by you at the posted prices, including shipping and handling taxes and all other applicable taxes.

 

SECTION 5 - SHIPPING AND DELIVERY

We are not responsible for delays in shipping and delivery. All delivery times are only estimates and are not guaranteed. We are not responsible for delays attributable to shipping carriers, customs procedures, or events outside of our control. Once the products are transferred to the carrier, ownership and risk of loss pass to you.

 

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, brands, text, displays, images, graphics, product reviews, videos, and audio, as well as the design, selection, and arrangement thereof, are the property of BAD ONE, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and intellectual property laws.

These Terms allow you to use the Services for personal and non-commercial use only. You shall not reproduce, distribute, modify, create copies, publicly display and perform, republish, download, store, or transmit any material related to the Services without our written consent. Except as expressly stated, these Terms do not contain anything that grants or can be interpreted as granting a license or other rights to you regarding patents, trademarks, copyrights, or other intellectual property of BAD ONE, Shopify, or third parties. Unauthorized use of the Services may result in a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved to BAD ONE.

The names, logos, product and service names, designs, and slogans of BAD ONE are trademarks of BAD ONE or its affiliates or licensors. You shall not use such trademarks without the written permission of BAD ONE. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans present in the Services are trademarks of their respective owners.

 

SECTION 7 - OPTIONAL TOOLS

You may have access to third-party customer tools offered as part of the Services that we do not monitor, control, or input.

You understand and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability arising from or related to your use of optional third-party tools. Your use of optional tools offered through the site is entirely at your own risk and discretion and, furthermore, you must be familiar with and agree to the terms on which such tools are provided by the relevant third-party providers.

In the future, we may offer new features through the Services (including the launch of new tools and resources). Such new features are to be considered part of the Services and are subject to these Terms of Service.

 

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party features). It is not our responsibility to review or evaluate the content or correctness of the materials or third-party websites you choose to access. If you decide to leave the Services to access such third-party materials or sites, you do so at your own risk.

We are not responsible for any problems or damages related to your access to third-party websites, or your purchase or use of products, services, resources, or content on third-party websites. Please carefully review the policies and practices of the third parties in question and understand them before engaging in any transaction. Any complaints, concerns, or questions regarding third-party products and services should be directed to the third parties.

 

SECTION 9 - RELATIONSHIP WITH SHOPIFY

BAD ONE is operated by Shopify, which allows us to provide you with the Services. However, the sales and purchases you make in our Store are directly with BAD ONE. By using the Services, you understand and agree that Shopify is not responsible for any aspect of the sales between you and BAD ONE, including any injuries, damages, or losses resulting from the purchase of products and services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to the purchases and transactions you make with BAD ONE.

 

SECTION 10 - PRIVACY POLICY

All personal data we collect through the Services is subject to our Privacy Policy, which can be viewed here, and certain personal data may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you confirm that you have read the aforementioned privacy policies.

Since it supports the Services, Shopify collects and processes personal data related to your access to and use of the Services to offer and improve the Services for you. In order to offer and improve the Services for you, the data you submit to the Services will be transmitted and shared with Shopify and third parties who may reside in countries other than yours. See our privacy policy [LINK] for more information on how we, Shopify, and our partners use your personal data.

 

SECTION 11 - FEEDBACK

When you submit, upload, post, email, or otherwise transmit any idea, suggestion, feedback, review, proposal, plan, or other content (generally "Feedback"), you grant us a perpetual, worldwide, transferable, and royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback through any means for any purpose, including commercial purposes. For example, we may assert our rights related to this license to operate, provide, evaluate, improve, enhance, and promote the Services, to perform our obligations and exercise our rights as stated in the Terms of Service.

Furthermore, you confirm and agree that: (i) you own the necessary rights for all Feedback; (ii) you have disclosed any rewards or incentives received for submitting Feedback; and (iii) your Feedback complies with these Terms. We are not and will not be obligated to (1) keep your Feedback confidential; (2) pay you for your Feedback; (3) respond to your Feedback. Although we are not obligated, we may monitor, edit, or remove Feedback that, in our sole discretion, is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or violates intellectual property or these Terms of Service.

You confirm that your Feedback will not violate any rights of any third parties, including copyrights, trademarks, privacy, personality, and any other personal or proprietary rights. You also confirm that your Feedback will not include defamatory or otherwise unlawful, offensive, or obscene content, nor contain any computer viruses or other malware that could affect the operation of the Services or any linked website. You shall not use a false email address, pretend to be someone else, or mislead us or third parties as to the origin of your Feedback. Your Feedback and its accuracy are your sole responsibility. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

 

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information in or on the Services may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, offers, promotions, product shipping charges, transit times, and 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 (even after you have submitted your order).

 

SECTION 13 - PROHIBITED USES

You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly, for: (a) any unlawful or malicious purpose; (b) to violate any local, provincial, state, federal, or international regulations, rules, laws, or ordinances; (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 discriminate against our employees or anyone else; (e) to submit false or misleading information; (f) to send, receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit or procure the sending of any advertising or promotional material, including "junk mail," "chain letters," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate another person or entity; (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm BAD ONE, Shopify, or users of the Services, or expose them to liability.

Furthermore, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) to spam, phish, pharm, pretext, spider, crawl, or scrape; (e) to interfere with or circumvent the security features of the Services or any related websites, other websites, or the Internet. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we believe you have violated any part of these Terms.

 

SECTION 14 - TERMINATION

We may terminate this agreement at any time or discontinue your access to the Services (or any part thereof) at our sole discretion and without notice; you will remain liable for all amounts due up to and including the date of termination.

The following sections will survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that, by its nature, would outlast termination.

 

SECTION 15 - 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, any visitor to the Services, or anyone who may be informed of any of its contents.

EXCEPT AS EXPRESSLY STATED BY BAD ONE, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, 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 WARRANT, REPRESENT, OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS MAY LIMIT OR PROHIBIT THE DISCLAIMER OF IMPLIED WARRANTIES OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

 

SECTION 16 - LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL BAD ONE, OUR AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS OF US 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, 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 17 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless BAD ONE, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any and all losses, damages, liabilities, or claims, including reasonable attorneys' fees, 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 or use of the Services.

We will notify you of any indemnifiable claims, provided that failure to provide prompt notification will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claims at your expense, including the selection of counsel, but we will not settle any claims that require non-monetary obligations on your part without your consent (which will not be unreasonably withheld). You will cooperate in the defense of any non-indemnified claims, including by providing relevant documentation.

 

SECTION 18 - 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 19 - WAIVER; ENTIRE AGREEMENT

The failure of Shopify 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 Services constitute the entire agreement and understanding between you and us and govern your use of the Services, 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 20 - ASSIGNMENT

You may not delegate, transfer, or assign this Agreement or any of your rights or obligations hereunder without our written consent; any attempt to do so will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without notice to you or your consent.

 

SECTION 21 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you with the Services shall be governed by and construed in accordance with the federal, state, or territorial courts in the jurisdiction where BAD ONE is located. You and BAD ONE agree to the venue and personal jurisdiction in such courts.

 

SECTION 22 - HEADINGS

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

 

SECTION 23 - CHANGES TO THE TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at 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 material changes to these Terms in accordance with applicable law, and such changes will be effective from the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to the Terms of Service constitutes acceptance of those changes.

 

SECTION 24 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to info.badone@gmail.com.