Terms of service

 

Last updated: April 3, 2026

 

Welcome to Unlucky Brand. These Terms of Service (“Terms”) govern your access to and use of the Unlucky Brand website, store, content, products, and related services (collectively, the “Services”). By accessing the Services, browsing the site, or placing an order, you agree to be bound by these Terms. If you do not agree, do not use the Services.

 

Who We Are

Unlucky Brand operates this website, online store, and related services. Throughout these Terms, “we,” “us,” and “our” refer to Unlucky Brand.

 

Eligibility

By using the Services, you represent that you are at least the age of majority in your state or jurisdiction, or that you are using the Services with the permission and supervision of a parent or legal guardian who agrees to these Terms on your behalf.

 

Use of the Site

You agree to use the Services only for lawful purposes and in accordance with these Terms. You may not use the Services:

  • in any way that violates applicable law or regulation
  • to interfere with the operation, security, or integrity of the site
  • to access data, accounts, or systems you are not authorized to access
  • to upload, transmit, or distribute malicious code
  • to scrape, harvest, copy, mirror, or reproduce site content for commercial use without our written permission
  • to impersonate any person or entity or misrepresent your affiliation with us

We reserve the right to suspend or terminate access to the Services at any time if we believe you have violated these Terms or used the Services in a way that creates risk for us, our customers, or others.

 

Product Information and Availability

We make reasonable efforts to display products, colors, descriptions, and pricing as accurately as possible. Colors, textures, and product details may vary slightly depending on your screen, device settings, and production variations.

All products are subject to availability. We reserve the right to limit quantities, discontinue products, substitute comparable materials or components where necessary, or update product details at any time without notice.

 

Pricing and Billing

Prices are shown in U.S. dollars unless otherwise stated. We reserve the right to change prices at any time without notice.

You agree to provide current, complete, and accurate billing, shipping, and payment information. If we believe information provided is inaccurate, incomplete, fraudulent, or otherwise problematic, we may refuse, cancel, or limit an order.

In the event of a pricing error, product-description error, or other mistake, we reserve the right to correct the error and to cancel or refuse any order placed for the affected item, even if the order has been submitted or payment has been authorized.

 

Orders

Your order is an offer to purchase. We reserve the right to accept, reject, limit, or cancel any order at our discretion, including for suspected fraud, suspected resale, errors in inventory or pricing, or for any other lawful reason.

If an order is canceled after payment has been processed, we will issue a refund to the original payment method for the canceled portion of the order.

 

Payments

Payments must be made through the payment methods made available at checkout. By submitting payment information, you represent that you are authorized to use the chosen payment method and authorize the applicable charges.

We reserve the right to add, remove, or restrict payment methods at any time.

 

Shipping and Delivery

Shipping and delivery times are estimates only. Once an order is in the hands of a carrier, delivery timing may be affected by carrier issues, weather, demand spikes, address errors, customs processing, or other factors outside our control.

You are responsible for providing an accurate shipping address. We are not responsible for delivery problems caused by incorrect or incomplete address information entered at checkout.

Risk of loss and title to products pass to you upon our delivery of the order to the shipping carrier, to the extent permitted by applicable law.

 

Returns, Exchanges, and Final Sale Terms

Your purchases are also subject to our posted return, refund, and exchange policy. If a separate Return Policy or All Sales Final policy is posted on the site, that policy is incorporated into these Terms by reference.

If there is any conflict between these Terms and the posted return/refund policy, the posted return/refund policy will control with respect to returns, refunds, exchanges, damaged items, and related claims.

 

Accounts

If you create an account, you are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

You agree to notify us promptly if you suspect unauthorized access to your account. We are not liable for losses resulting from your failure to safeguard account credentials.

 

Intellectual Property

Everything on this site, including but not limited to the Unlucky Brand name, logos, designs, graphics, artwork, photographs, product names, text, layout, and other content, is owned by or licensed to Unlucky Brand and protected by applicable intellectual property laws.

You may not use, reproduce, distribute, publish, modify, display, create derivative works from, or exploit any site content without our prior written permission, except for personal, non-commercial use of the site as intended.

 

User Submissions

If you send us reviews, comments, suggestions, messages, photos, tags, testimonials, or other content (“Submissions”), you grant us a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to use, reproduce, publish, adapt, display, distribute, and otherwise use those Submissions in connection with our business and marketing, without compensation to you.

You represent that you own or control the rights to any Submissions you provide and that your Submissions do not violate the rights of any third party or any law.

We may remove or refuse to use any Submissions at our discretion.

 

Promotions and Discount Codes

Promotions, giveaways, and discount codes are subject to their own terms when offered. Unless otherwise stated:

  • discount codes cannot be combined
  • discount codes have no cash value
  • discount codes may expire without notice
  • we may modify, suspend, or cancel promotions at any time

 

SMS and Email Communications

If you sign up for email or text communications, you agree to receive messages from us subject to your consent choices and applicable law. Consent to receive marketing text messages is not a condition of purchase.

Message frequency may vary. Message and data rates may apply. You can opt out of marketing emails through the unsubscribe link and opt out of texts by following the instructions in the message.

Transactional communications relating to orders, shipping, support, or account activity may still be sent even if you opt out of marketing communications.

 

Third-Party Services and Links

The Services may contain links to third-party websites, tools, content, or services. We are not responsible for the availability, accuracy, security, content, or practices of third parties. Your use of third-party services is at your own risk and subject to the third party’s own terms and policies.

 

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, SITE CONTENT, AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNLUCKY BRAND DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not guarantee that the site will be uninterrupted, error-free, secure, or free from harmful components, or that defects will always be corrected.

Nothing in these Terms excludes any warranty or right that cannot be excluded under applicable law.

 

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNLUCKY BRAND AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AGENTS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITY, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SITE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR ANY PRODUCT PURCHASED THROUGH THE SITE WILL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SPECIFIC PRODUCT OR ORDER GIVING RISE TO THE CLAIM.

Some states do not allow certain limitations of liability, so parts of this section may not apply to you.

 

Indemnification

You agree to defend, indemnify, and hold harmless Unlucky Brand and its owners, officers, employees, contractors, affiliates, agents, and service providers from and against any claims, liabilities, damages, losses, judgments, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

  • your use of the Services
  • your violation of these Terms
  • your breach of any law or the rights of a third party
  • any Submission you provide

 

Privacy

Your use of the Services is also subject to our Privacy Policy. Our Privacy Policy explains how we collect, use, and disclose personal information.

 

Termination

We may suspend or terminate your access to the Services at any time, with or without notice, if we believe you have violated these Terms, engaged in fraud or abuse, or otherwise acted in a way that harms us, the site, or others.

Sections of these Terms that by their nature should survive termination will survive, including but not limited to ownership, disclaimers, limitations of liability, indemnification, dispute provisions, and any payment obligations.

 

Governing Law

These Terms and any dispute arising out of or related to the Services or any purchase from Unlucky Brand will be governed by the laws of the State of West Virginia, without regard to conflict-of-law principles.

 

Disputes

Any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or any purchase from Unlucky Brand will be resolved exclusively in the state or federal courts located in West Virginia, and you consent to the personal jurisdiction and venue of those courts.

To the extent exclusive jurisdiction in those courts is not permitted by applicable law, such claim must be brought in a court of competent jurisdiction.

 

Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remainder of the Terms will remain in full force and effect.

 

No Waiver

Our failure to enforce any provision of these Terms is not a waiver of our right to enforce that provision later.

 

Entire Agreement

These Terms, together with any policies or legal notices posted on the site, constitute the entire agreement between you and Unlucky Brand regarding the Services and supersede prior or contemporaneous communications relating to the same subject matter.

 

Changes to These Terms

We may update these Terms from time to time. The updated version will be posted on this page with a revised “Last Updated” date. Your continued use of the Services after changes are posted constitutes your acceptance of the revised Terms.

 

Contact

Questions about these Terms can be sent to:

Unlucky Brand

contact@unluckybrand.com

32 E Main St

Glenville, WV 26351

United States