Terms of service

Overview

Welcome to BrokenFootballer! The terms "we", "us" and "our" refer to BrokenFootballer. BrokenFootballer 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"). BrokenFootballer 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 stores 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 stores 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 stores. However, please note that colors or product appearance may differ from how they may 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 the same as depicted or rendered in our online stores.

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.

Nothing in these Terms limits any mandatory consumer rights provided under applicable law.

Section 3 - Orders

When you place an order, you are making an offer to purchase. BrokenFootballer reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until BrokenFootballer confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as BrokenFootballer may be unable to accommodate cancellation requests after an order is accepted. 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 e-mail, 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 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 taxes, shipping, handling, customs or import charges.

Customers are responsible for any customs duties, import taxes, VAT, or additional fees charged by their local customs authorities. These charges are non-refundable.

Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores 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 at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that:

  • the credit card information you provide is true, correct, and complete
  • you are duly authorized to use such payment method
  • charges incurred by you will be honored by your payment provider
  • you will pay all charges incurred, including shipping costs and 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, weather conditions, or events outside our control.

Customers are responsible for providing accurate shipping information at checkout. BrokenFootballer is not responsible for orders shipped to incorrectly provided addresses.

Customers are responsible for any customs duties, import taxes, VAT, or additional import charges required by their destination country. These charges are determined by local customs authorities and are non-refundable.

If a package is:

  • refused
  • unclaimed
  • returned due to unpaid customs charges
  • returned because of incorrect address information

the original shipping costs and any return shipping fees may be deducted from the refund.

Once an order has been transferred to the shipping carrier, delivery times and transit operations are outside of our direct control.

Section 6 - Intellectual Property

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by BrokenFootballer, its affiliates or licensors and are protected by copyright and other 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 of the material on the Services without our prior written consent.

BrokenFootballer's names, logos, product and service names, designs, and slogans are trademarks of BrokenFootballer or their respective owners. Unauthorized use is prohibited.

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 any control nor input.

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 any endorsement.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion.

Section 8 - Third-Party Links

The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites.

If you decide to leave the Services to access third-party websites, you do so at your own risk.

Section 9 - Relationship with Shopify

BrokenFootballer 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 BrokenFootballer.

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

You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with BrokenFootballer.

Section 10 - Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy.

Because the Services are hosted by Shopify, Shopify may also collect and process certain personal information in order to provide and improve the Services.

Section 11 - Feedback

If you submit feedback, suggestions, reviews, or other content to us, you grant us the right to use, reproduce, modify, publish and display such content for commercial or promotional purposes without compensation.

Section 12 - Errors, Inaccuracies and Omissions

Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, 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 at any time without prior notice.

Section 13 - Prohibited Uses

You may not use the Services for any unlawful or unauthorized purpose or violate any applicable laws while using the Services.

You agree not to:

  • upload viruses or malicious code
  • interfere with website functionality
  • attempt fraudulent activity
  • misuse the Services in any unlawful way

Section 14 - Termination

We may terminate or suspend your access to the Services at any time without notice if we believe you have violated these Terms of Service.

Section 15 - Disclaimer of Warranties

The Services are provided "as is" and "as available" to the fullest extent permitted by applicable law without any warranties or conditions of any kind, either express or implied.

We do not guarantee that your use of the Services will be uninterrupted, timely, secure or error-free.

Section 16 - Limitation of Liability

To the fullest extent permitted by law, BrokenFootballer shall not be liable for any indirect, incidental, punitive, special or consequential damages arising from your use of the Services or products purchased through the Services.

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

Section 17 - Indemnification

You agree to indemnify and hold harmless BrokenFootballer and its affiliates from any claims or demands arising out of your breach of these Terms or your violation of any law or rights of a third party.

Section 18 - Severability

If any provision of these Terms is determined to be unlawful or unenforceable, the remaining provisions shall remain in full force and effect.

Section 19 - Waiver; Entire Agreement

These Terms of Service and any policies posted on this website constitute the entire agreement between you and BrokenFootballer regarding the Services.

Section 20 - Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

Section 21 - Returns and Exchanges

Returns and exchanges are governed by our Refund Policy available on this website.

Returned items must be unworn, unwashed, unused, and in their original condition with all tags and packaging included.

Customers are responsible for reviewing product descriptions and size charts carefully before placing an order.

Customers are responsible for return shipping costs unless the item arrived damaged, defective, or incorrect.

Section 22 - Governing Law

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 Czech Republic.

You and BrokenFootballer consent to venue and personal jurisdiction in such courts.

Section 23 - Headings

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

Section 24 - Changes to Terms of Service

We reserve the right to update, change or replace any part of these Terms of Service at any time by posting updates to our website.

It is your responsibility to review this page periodically for changes. Continued use of the Services following any updates constitutes acceptance of those changes.

Section 25 - Contact Information

Questions about the Terms of Service should be sent to us at:

support@brokenfootballer.com