Terms of service

TERMS OF SERVICE

OVERVIEW Welcome to Encore Offender. The terms we, us, and our refer to Encore Offender and Terminal 52 LLC. We operate this store to provide the heavy music community with premium gear and a curated shopping experience. We are powered by Shopify, which enables us to provide these services to you.

The below terms and conditions describe your rights and responsibilities when you use our website. Please read them 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 store, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, you should not use or access our gear.

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. To use the services, 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 is correct, current, and complete. You are solely responsible for maintaining the security of your account credentials. You may not transfer, sell, or assign your account to any other person.

SECTION 2: OUR PRODUCTS We have made every effort to provide an accurate representation of our apparel. However, please note that colors or product appearance may differ slightly from how they appear on your screen. 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 or geographic region on a case by case basis.

SECTION 3: ORDERS When you place an order, you are making an offer to purchase. Encore Offender reserves the right to accept or decline your order for any reason at its discretion. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted and sent to the printing floor. Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

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. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You represent and warrant that the credit card information you provide is true and that you will pay charges incurred by you at the posted prices, including shipping and all applicable taxes.

SECTION 5: SHIPPING AND DELIVERY We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

SECTION 6: INTELLECTUAL PROPERTY Our brand, including but not limited to all trademarks, text, graphics, and designs, are owned by Encore Offender and Terminal 52 LLC and are protected by intellectual property laws. These Terms permit you to use the store for your personal, non commercial use only. You must not reproduce, distribute, modify, or create derivative works of any of the material without our prior written consent.

SECTION 7: OPTIONAL TOOLS You may be provided with access to customer tools offered by third parties. You acknowledge and agree that we provide access to such tools as is and as available without any warranties. We shall have no liability whatsoever arising from or relating to your use of optional third party tools.

SECTION 8: THIRD PARTY LINKS Our store may contain materials and hyperlinks to websites operated by third parties. We are not responsible for examining or evaluating the content of any third party websites. We are not liable for any harm or damages related to your access of any third party websites or your purchase of any products or services on those sites. Complaints regarding third party products should be directed to the third party.

SECTION 9: RELATIONSHIP WITH SHOPIFY Encore Offender is powered by Shopify. However, any sales and purchases you make are made directly with Encore Offender. By using the store, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and us. You hereby expressly release Shopify from all claims arising from your purchases with us.

SECTION 10: PRIVACY POLICY All personal information we collect is subject to our Privacy Policy. Information you submit will be transmitted to and shared with Shopify as well as third parties in order to provide services to you. Review our Privacy Policy for more details.

SECTION 11: FEEDBACK If you submit ideas, suggestions, reviews, or other content to us, you grant us a perpetual, royalty free license to use, reproduce, modify, and publish such feedback in any medium. We are under no obligation to pay compensation for your feedback or respond to it. You agree that your feedback will not violate any right of any third party or contain libelous or unlawful material.

SECTION 12: ERRORS, INACCURACIES AND OMISSIONS Occasionally there may be information on our site that contains typographical errors or inaccuracies relating to product descriptions, pricing, and availability. We reserve the right to correct any errors and to change information or cancel orders if any information is inaccurate at any time without prior notice.

SECTION 13: PROHIBITED USES You may use the store for lawful purposes only. You may not use the store directly or indirectly for any unlawful purpose, to violate any international or local regulations, to infringe upon our intellectual property rights, to harass or intimidate any person, to transmit malicious code, or to spam, phish, or scrape data. We reserve the right to terminate your account if you violate these rules.

SECTION 14: TERMINATION We may terminate this agreement or your access to the store at any time without notice, and you will remain liable for all amounts due up to the date of termination.

SECTION 15: DISCLAIMER OF WARRANTIES EXCEPT AS EXPRESSLY STATED BY ENCORE OFFENDER, ALL PRODUCTS OFFERED THROUGH THE STORE 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, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE STORE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE.

SECTION 16: LIMITATION OF LIABILITY TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL ENCORE OFFENDER, TERMINAL 52 LLC, OUR DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE STORE OR ANY PRODUCTS PROCURED USING THE STORE, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 17: INDEMNIFICATION You agree to indemnify, defend and hold harmless Encore Offender, Terminal 52 LLC, and our affiliates from any losses, damages, liabilities or claims, including reasonable attorneys fees, payable to any third party due to or arising out of your breach of these Terms of Service or your violation of any law.

SECTION 18: SEVERABILITY In the event that any provision of these Terms is determined to be unlawful 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.

SECTION 19: WAIVER AND ENTIRE AGREEMENT The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right. These Terms of Service constitute the entire agreement and understanding between you and us and governs your use of the store.

SECTION 20: ASSIGNMENT You may not delegate, transfer or assign this Agreement without our prior written consent. We may transfer, assign, or delegate these Terms without consent or notice to you.

SECTION 21: GOVERNING LAW These Terms of Service shall be governed by and construed in accordance with the federal and state courts in the jurisdiction where Terminal 52 LLC is headquartered.

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 TERMS OF SERVICE We reserve the right to update, change, or replace any part of these Terms of Service by posting updates to our website. It is your responsibility to check our website periodically for changes. Your continued use of the store following the posting of any changes constitutes acceptance of those changes.

SECTION 24: CONTACT INFORMATION If you have questions about these legal terms, take it up with the crew.

Encore Offender / Terminal 52 LLC crew@encoreoffender.com