Terms of service

OVERVIEW

Welcome to Unlucky 13! The terms “we,” “us,” and “our” refer to Unlucky 13. Unlucky 13 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 (the “Services”). Unlucky 13 is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use 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. 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 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 browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our store is correct, current, and complete and that you have all rights necessary to provide this information.

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

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online store. However, please note that colors or product appearance may differ from how they appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be exactly the same as depicted or rendered in our online store.

All descriptions of products 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 the quantities of any products that we offer to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Unlucky 13 reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Unlucky 13 confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, as Unlucky 13 may be unable to accommodate cancellation requests after an order is accepted or enters fulfillment.

In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Return & Refund Policy.

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 or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email.

Unless otherwise expressly stated, posted prices do not include applicable taxes or other charges. Shipping charges, if applicable, will be disclosed during checkout.

Prices posted in our online store may be different from prices offered through other stores or channels operated by third parties.

We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion 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 through our store. You agree to promptly update your account and other information so that we can complete your transactions and contact you as needed.

You represent and warrant that the payment information you provide is true, correct, and complete; that you are duly authorized to use such payment method for the purchase; that charges incurred by you will be honored by your payment provider; and that you will pay charges incurred by you at the posted prices, including all applicable taxes and charges, if any.

SECTION 5 - SHIPPING AND DELIVERY

Order fulfillment and delivery times are estimates and are not guaranteed. Delivery may be affected by shipping carriers, weather, holidays, incorrect or incomplete shipping information, or other circumstances outside our reasonable control.

Please review our Shipping Policy for additional information regarding order fulfillment, estimated delivery times, split shipments, shipping addresses, and delayed or lost packages.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned by Unlucky 13, its affiliates, or licensors and are protected by U.S. and foreign copyright, trademark, and other applicable 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 from the Services without our prior written consent, except as otherwise permitted by law.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any trademark, copyright, or other intellectual property of Unlucky 13, Shopify, or any third party. All rights not expressly granted herein are reserved.

Unlucky 13’s names, logos, product and service names, designs, graphics, and slogans are trademarks or other intellectual property of Unlucky 13 or its affiliates or licensors. You must not use such materials without prior written permission.

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 appearing through the Services are the property of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have control over.

You acknowledge 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 endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider.

We may also, in the future, offer new features through the Services. Such new features shall also be deemed 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 functionality.

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

We are not liable for harm or damages related to your access of third-party websites or your purchase or use of products, services, resources, or content on third-party websites.

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

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Unlucky 13 is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Unlucky 13.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Unlucky 13, including any injury, damage, or loss resulting from purchased products and services.

You hereby expressly release Shopify and its affiliates from claims, damages, and liabilities arising from or related to your purchases and transactions with Unlucky 13 to the extent permitted by applicable law.

SECTION 10 - 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.

Because the Services are hosted by Shopify, Shopify collects and processes 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, which may be located in countries other than where you reside, in order to provide the Services.

Please review our Privacy Policy for more information about how personal information is collected, used, and shared.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “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 lawful purpose, including commercial use.

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

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 violates these Terms or applicable law.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You are solely responsible for the Feedback you submit and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

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

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 have submitted an order, subject to applicable law.

SECTION 13 - PROHIBITED USES

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

You may not access or use the Services, directly or indirectly, to violate applicable law; infringe upon intellectual property or other rights; harass, abuse, threaten, defame, or harm others; transmit false or misleading information; distribute malware or malicious code; engage in spam, phishing, scraping, or unauthorized data collection; impersonate another person or entity; interfere with the security or operation of the Services; or otherwise use the Services in a manner that may harm Unlucky 13, Shopify, our service providers, or other users.

You may not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services except as expressly permitted by us.

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

SECTION 14 - AGENTS

This section applies if you use, allow, enable, or cause the deployment of an automated or semi-automated software agent (“Agent”) to access, use, or interact with the Services.

Agents may access or interact with the Services only in compliance with applicable law, these Terms, and any technical or access requirements we establish.

Agents must not conceal or misrepresent their automated nature, circumvent security measures or CAPTCHAs, interfere with measures intended to control automated access, or otherwise access the Services in an unauthorized manner.

We reserve the right to limit or prohibit Agent access to the Services, including through technical measures.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services, or any part thereof, in our sole discretion to the extent permitted by applicable law. You will remain liable for all amounts due up to and including the date of termination.

Provisions that by their nature should survive termination will continue to apply, including provisions regarding Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Governing Law, and Privacy.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY STATED BY UNLUCKY 13, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNLUCKY 13 AND ITS AFFILIATES, PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Unlucky 13, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from losses, damages, liabilities, or claims, including reasonable attorneys’ fees, arising from your breach of these Terms, violation of applicable law or the rights of a third party, or misuse of the Services.

SECTION 19 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall be enforceable to the fullest extent permitted by applicable law, and any unenforceable portion shall be deemed severed from these Terms.

Such determination shall not affect the validity and enforceability of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

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

These Terms of Service and any policies or operating rules posted by us in respect to the Services constitute the entire agreement and understanding between you and us regarding your use of the Services and supersede prior or contemporaneous agreements, communications, and proposals relating to the Services.

SECTION 21 - ASSIGNMENT

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

We may transfer, assign, or delegate these Terms and our rights and obligations to the extent permitted by applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements through which we provide the Services shall be governed by and construed in accordance with the laws applicable in the jurisdiction where Unlucky 13 is headquartered, without regard to conflict-of-law principles.

Any disputes shall be subject to the jurisdiction of the applicable courts in that jurisdiction, except where otherwise required by applicable law.

SECTION 23 - HEADINGS

The headings used in these Terms 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 these Terms of Service at any time on this page.

We reserve the right to update, change, or replace any part of these Terms by posting updates and changes to our website. Where required by applicable law, we will provide notice of material changes.

Your continued use of or access to the Services after changes become effective constitutes acceptance of those changes to the extent permitted by applicable law.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

Unlucky 13
Operated by Unlucky Supply Co LLC
support@unlucky13supplyco.com