Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to DrunkMood™! Throughout these Terms of Service, the terms "we," "us," and "our" refer to DrunkMood™. We operate this website and online store, including all related information, content, features, tools, products, digital content, and services (collectively, the "Services"), to provide you with a secure and enjoyable shopping experience.

Our store is powered by Shopify, which provides the e-commerce platform that enables us to sell our products and services to you.

These Terms of Service, together with our Privacy Policy, Shipping Policy, and Refund Policy, govern your access to and use of our Services.

By accessing, browsing, or purchasing from our website, you acknowledge that you have read, understood, and agree to be legally bound by these Terms.

If you do not agree with these Terms, you must not access or use 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 country, state, province, or territory of residence.

If you allow a minor to use our Services through your device or account, you are solely responsible for that person's activity.

To purchase products or access certain Services, you may be required to provide personal information, including but not limited to:

  • Full name
  • Email address
  • Billing address
  • Shipping address
  • Payment information

You represent and warrant that all information you provide is accurate, current, complete, and belongs to you.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

We reserve the right to suspend or terminate accounts that contain inaccurate information, violate these Terms, or are suspected of fraudulent activity.

SECTION 2 – OUR PRODUCTS

We make every reasonable effort to display our products, colors, specifications, images, and descriptions as accurately as possible.

However, actual colors, brightness, finishes, and appearance may vary depending on your device, monitor settings, manufacturing tolerances, lighting conditions, or photography.

Product images are provided for illustrative purposes only.

We reserve the right to modify product specifications, packaging, accessories, colors, bundled digital content, pricing, or availability without prior notice.

We also reserve the right to discontinue any product at any time.

Products are intended for personal, non-commercial use unless otherwise expressly authorized.

Our products are novelty lifestyle accessories and should not be relied upon for emergency communication, medical purposes, legal purposes, or safety-related situations.

Any downloadable digital content included with a purchase is licensed solely for personal use and may not be copied, distributed, modified, sold, or shared without our prior written consent.

SECTION 3 – ORDERS

By placing an order, you are submitting an offer to purchase products from DrunkMood™.

We reserve the right to accept, reject, limit, or cancel any order at our sole discretion.

Orders may be cancelled for reasons including, but not limited to:

  • suspected fraud
  • unauthorized transactions
  • pricing errors
  • inventory shortages
  • suspected resale activity
  • abuse of promotions or discounts
  • violations of these Terms

An order is not considered accepted until payment has been successfully authorized and we have confirmed the order.

Please review your order carefully before completing checkout.

Once an order has entered processing, cancellation requests cannot be guaranteed.

Your purchases remain subject to our Refund Policy.

Products purchased through our website are intended for personal use only and may not be purchased for commercial resale without our written authorization.

SECTION 4 – PRICES AND BILLING

All prices displayed on our website are subject to change without prior notice.

The applicable purchase price is the one displayed at the time your order is placed.

Unless expressly stated otherwise, prices do not include:

  • customs duties
  • VAT
  • import taxes
  • brokerage fees
  • local taxes
  • shipping charges

These fees, when applicable, are the responsibility of the customer.

We reserve the right to correct pricing errors at any time.

If an incorrect price is displayed due to technical or human error, we reserve the right to cancel the affected order and issue a full refund.

You agree to provide complete, current, and accurate payment information.

By submitting payment information, you represent that:

  • you are authorized to use the payment method;
  • all billing information is accurate;
  • sufficient funds are available;
  • you authorize us to charge your selected payment method.

Fraudulent orders may be reported to the appropriate authorities.

SECTION 5 – SHIPPING AND DELIVERY

Delivery times displayed on our website are estimates only and are not guaranteed.

Preparation, processing, customs clearance, weather conditions, carrier delays, public holidays, force majeure events, and other circumstances beyond our reasonable control may affect delivery times.

We shall not be liable for delays caused by shipping carriers, customs authorities, natural disasters, labor disputes, transportation disruptions, governmental actions, or other events outside our reasonable control.

Customers are solely responsible for providing a complete and accurate shipping address.

We are not responsible for delays, losses, returned packages, or additional shipping costs resulting from incorrect or incomplete shipping information provided by the customer.

Ownership and risk of loss transfer to the customer once the order has been handed over to the shipping carrier.

Orders marked as Delivered by the shipping carrier shall be considered successfully delivered.

If a package is returned due to an incorrect address, refusal of delivery, failure to collect the package, or unpaid customs duties, additional shipping charges may apply before the order can be resent.

International orders may be subject to customs duties, VAT, import taxes, brokerage fees, or other governmental charges imposed by the destination country. These charges are the sole responsibility of the customer.

SECTION 6 – INTELLECTUAL PROPERTY

All content available through our Services, including but not limited to our trademarks, logos, brand names, product names, product designs, digital mood packs, graphics, photographs, videos, icons, software, text, website design, advertisements, marketing materials, audio, and other content (collectively, the "Content") is owned by or licensed to DrunkMood™ and is protected by United States and international copyright, trademark, trade dress, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use our Services solely for your personal, non-commercial use.

You may not, without our prior written consent:

  • Copy or reproduce any Content.
  • Modify or create derivative works.
  • Redistribute or resell our digital products.
  • Use our trademarks or branding.
  • Download or extract website content using automated tools.
  • Reverse engineer any digital content or software.
  • Use our product images or marketing materials for commercial purposes.

Any unauthorized use may result in legal action.

All rights not expressly granted are reserved.

SECTION 7 – OPTIONAL TOOLS

From time to time, we may provide access to third-party tools or services.

These tools are provided "as is" and "as available" without warranties or guarantees of any kind.

We do not monitor, control, endorse, or assume responsibility for any third-party tools.

Your use of such tools is entirely at your own risk and subject to the terms established by the respective third-party providers.

Future features, services, integrations, or tools introduced through our website shall also be governed by these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Our Services may contain links to third-party websites, products, applications, or services.

These links are provided solely for your convenience.

We are not responsible for:

  • the availability of third-party websites;
  • their content;
  • their privacy practices;
  • their accuracy;
  • their products or services.

Your use of third-party websites is entirely at your own risk.

We encourage you to review the terms and privacy policies of any third-party website before engaging in any transaction.

Any disputes relating to third-party services must be resolved directly with the respective provider.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Our online store is powered by Shopify, which provides us with the e-commerce platform that enables us to sell our products and services.

However, all purchases made through this website are transactions exclusively between you and DrunkMood™.

Shopify is not responsible for:

  • product quality;
  • shipping;
  • returns;
  • refunds;
  • warranties;
  • customer support;
  • order fulfillment;
  • any disputes arising from purchases made through our store.

To the fullest extent permitted by applicable law, you release Shopify and its affiliates from any claims arising from transactions made through our website.

SECTION 10 – PRIVACY POLICY

Your submission of personal information through our Services is governed by our Privacy Policy.

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

Because our store operates on Shopify, certain personal information may also be processed by Shopify and its service providers in accordance with Shopify's Privacy Policy.

Information collected may include:

  • name;
  • email address;
  • billing address;
  • shipping address;
  • payment information;
  • device information;
  • browsing activity;
  • IP address.

Your information may be transferred, stored, and processed in countries outside your country of residence.

By using our Services, you consent to such transfers where permitted by applicable law.

SECTION 11 – FEEDBACK

If you submit reviews, comments, suggestions, ideas, photographs, videos, testimonials, social media posts, or any other content ("Feedback"), you grant DrunkMood™ a perpetual, worldwide, irrevocable, royalty-free, transferable, sublicensable license to use, reproduce, publish, distribute, modify, translate, display, advertise, and otherwise exploit such Feedback for any lawful commercial or non-commercial purpose.

You represent and warrant that:

  • you own or control all rights to the Feedback;
  • your Feedback does not infringe any third-party rights;
  • your Feedback is truthful;
  • your Feedback does not contain unlawful, defamatory, offensive, fraudulent, or misleading material.

We reserve the right—but not the obligation—to monitor, edit, remove, refuse, or moderate any Feedback at our sole discretion.

We are under no obligation to:

  • maintain Feedback in confidence;
  • compensate you for Feedback;
  • respond to Feedback.

If you voluntarily provide product photographs, videos, or social media content featuring our products, you grant us permission to repost and use such content for advertising, promotional, and marketing purposes without additional compensation, unless otherwise prohibited by applicable law.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our website or within our Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping costs, transit times, availability, specifications, or other information.

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

We are under no obligation to update, amend, or clarify information except as required by applicable law.

SECTION 13 – PROHIBITED USES

You may use our Services only for lawful purposes and in accordance with these Terms.

You agree not to use the Services:

  • for any unlawful purpose;
  • to violate any applicable local, national, or international law or regulation;
  • to infringe upon our intellectual property rights or the rights of others;
  • to submit false, misleading, or fraudulent information;
  • to harass, abuse, intimidate, threaten, or discriminate against others;
  • to upload viruses, malware, ransomware, or malicious code;
  • to collect personal information of other users without authorization;
  • to interfere with the security or proper operation of our Services;
  • to scrape, crawl, harvest, copy, or automatically collect website content;
  • to use bots, automated purchasing software, AI agents, scripts, or similar technologies without our written permission;
  • to attempt unauthorized access to our systems or servers;
  • to abuse discounts, promotions, giveaways, affiliate programs, or refund policies;
  • to engage in fraudulent payment activity, chargeback abuse, or any activity intended to obtain products without legitimate payment.

Violation of these Terms may result in immediate suspension or permanent termination of access to our Services without prior notice.

We reserve the right to investigate suspected violations and cooperate with law enforcement authorities where appropriate.

SECTION 14 – AGENTS

This section applies to any automated software, bot, crawler, scraper, AI agent, or autonomous system ("Agent") that accesses or interacts with our Services.

No Agent may access our Services unless expressly authorized by us.

Authorized Agents must:

  • accurately identify themselves;
  • comply with all applicable laws;
  • respect technical limitations imposed by our website;
  • refrain from circumventing CAPTCHA systems or other security measures;
  • avoid excessive requests that may negatively impact website performance.

Unauthorized automated access may result in blocking, suspension, legal action, or other remedies available under applicable law.

SECTION 15 – TERMINATION

We reserve the right to suspend, restrict, or terminate your access to our Services at any time and without prior notice if we reasonably believe that:

  • you have violated these Terms;
  • fraudulent activity has occurred;
  • unauthorized payment activity is suspected;
  • abuse of refunds or chargebacks has occurred;
  • your conduct may harm our business, customers, suppliers, partners, or reputation.

Termination does not relieve you of any payment obligations incurred prior to termination.

The following provisions shall survive termination:

  • Intellectual Property
  • Feedback
  • Disclaimer of Warranties
  • Limitation of Liability
  • Indemnification
  • Governing Law
  • Privacy
  • Any provision that by its nature should survive termination.

SECTION 16 – DISCLAIMER OF WARRANTIES

The information provided through our Services is offered for general informational purposes only.

While we strive to maintain accurate information, we do not warrant that all information is complete, accurate, reliable, or error-free.

Except as expressly required by applicable law, all products and Services are provided "AS IS" and "AS AVAILABLE", without warranties of any kind, whether express, implied, statutory, or otherwise.

To the fullest extent permitted by law, we disclaim all implied warranties, including but not limited to:

  • merchantability;
  • fitness for a particular purpose;
  • title;
  • non-infringement;
  • uninterrupted availability.

We do not guarantee that:

  • our website will always be available;
  • our Services will be uninterrupted;
  • defects will be corrected immediately;
  • our Services will be free from viruses or harmful components.

Product images, colors, dimensions, brightness, finishes, and digital content displayed on the website are intended for illustrative purposes only and may vary slightly from the actual product.

Our products are novelty lifestyle accessories and are not intended for medical, emergency, legal, or safety purposes.

SECTION 17 – LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, DrunkMood™, its owners, directors, employees, affiliates, suppliers, licensors, contractors, agents, fulfillment partners, and service providers shall not be liable for any indirect, incidental, consequential, exemplary, punitive, or special damages arising from or related to:

  • use of our Services;
  • inability to use our Services;
  • purchase or use of our products;
  • shipping delays;
  • customs delays;
  • carrier errors;
  • product misuse;
  • unauthorized modifications;
  • improper charging or handling of products;
  • loss of profits;
  • loss of revenue;
  • loss of business opportunities;
  • loss of data;
  • emotional distress;
  • business interruption.

To the maximum extent permitted by law, our total liability for any claim shall not exceed the amount actually paid by the customer for the product giving rise to the claim.

Nothing in these Terms limits liability where such limitation is prohibited by applicable law.

SECTION 18 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless DrunkMood™, its owners, affiliates, directors, officers, employees, contractors, suppliers, licensors, fulfillment partners, service providers, and Shopify, together with their respective affiliates, from and against any claims, demands, liabilities, damages, losses, costs, expenses, or legal fees arising out of or relating to:

  • your breach of these Terms of Service;
  • your violation of any applicable law or regulation;
  • your misuse of our Services or products;
  • your infringement of any intellectual property or other rights of a third party;
  • any content, reviews, or materials you submit through our Services.

We reserve the right to assume the exclusive defense of any matter subject to indemnification at your expense, and you agree to cooperate fully in such defense.

SECTION 19 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable under applicable law, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain valid and enforceable.

The invalidity of any individual provision shall not affect the validity of the remaining provisions.

SECTION 20 – WAIVER; ENTIRE AGREEMENT

Our failure to enforce any right or provision contained in these Terms shall not constitute a waiver of that right or provision.

These Terms of Service, together with our Privacy Policy, Refund Policy, Shipping Policy, and any other policies published on our website, constitute the entire agreement between you and DrunkMood™ regarding your use of the Services.

They supersede all prior communications, negotiations, representations, understandings, and agreements, whether written or oral.

Any ambiguity in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 21 – ASSIGNMENT

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

Any attempted assignment in violation of this provision shall be null and void.

We may assign, transfer, subcontract, or delegate our rights and obligations under these Terms without notice or consent.

SECTION 22 – GOVERNING LAW

These Terms of Service shall be governed by and construed in accordance with the laws of the jurisdiction in which DrunkMood™ is legally established, without regard to conflict of law principles.

Any dispute arising from or relating to these Terms or the use of our Services shall be submitted to the competent courts of that jurisdiction, unless mandatory consumer protection laws provide otherwise.

Nothing in these Terms limits any statutory consumer rights that cannot legally be waived under the laws applicable to your place of residence.

SECTION 23 – FORCE MAJEURE

We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to:

  • natural disasters;
  • floods;
  • fires;
  • earthquakes;
  • severe weather;
  • pandemics;
  • epidemics;
  • war;
  • terrorism;
  • labor disputes;
  • transportation disruptions;
  • customs delays;
  • governmental actions;
  • power failures;
  • cyberattacks;
  • internet outages;
  • supplier shortages;
  • carrier delays.

Performance of our obligations shall be suspended for the duration of such event.

SECTION 24 – CHANGES TO THESE TERMS

We reserve the right to update, modify, or replace these Terms of Service at any time.

Changes become effective immediately upon posting unless otherwise required by applicable law.

Material changes may be communicated through our website or by other reasonable means.

Your continued use of our Services following the publication of updated Terms constitutes your acceptance of those changes.

We encourage you to review these Terms periodically.

SECTION 25 – CONTACT INFORMATION

Questions regarding these Terms of Service should be directed to:

DrunkMood™

Email: banner.bruce2589@gmail.com

Response Time: 24–48 Business Hours