Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to Big Mike Clothing Store. I operate this store to provide direct access to the catalog and merchandise (the “Services”). This storefront is powered by Shopify, which provides the ecommerce platform and backend infrastructure.
By visiting the site or purchasing from the archive, you agree to be bound by these Terms of Service (“Terms”). Please read them carefully. If you do not agree to these Terms, do not use the Services.
SECTION 1 - THE OPERATION
This store runs on a direct-to-consumer, made-to-order model. I make every reasonable effort to present the products as accurately as possible. Still, because pieces are individually printed, cut, sewn, or fulfilled through production partners, slight variations in color, placement, or finish may occur. Product appearance may also vary depending on your screen or device settings.
I reserve the right to update, discontinue, limit, or modify any product, collection, or part of the archive at any time.
SECTION 2 - ORDERS
When you place an order, you are submitting an offer to purchase a piece from the archive. I reserve the right to accept, decline, or cancel any order at my discretion, including where there are issues involving pricing, product availability, suspected fraud, inaccurate information, or fulfillment limitations.
Because many items are made to order, cancellation requests usually cannot be accommodated once production has started.
Purchases are for personal use only and not for resale unless I expressly authorize otherwise.
SECTION 3 - PRICING AND BILLING
All prices are listed in the currency shown on the store and are subject to change without notice. The price charged will be the price in effect at the time your order is placed.
You agree to provide current, complete, and accurate billing, shipping, and payment information for all purchases. If incorrect information causes delays or fulfillment issues, I am not responsible for the resulting disruption.
SECTION 4 - SHIPPING AND FULFILLMENT
Orders are fulfilled through third-party production and shipping partners. Production and shipping timelines are estimates only and are not guaranteed unless expressly stated otherwise.
Because these items are made to order, fulfillment may take time before shipment. Delays may also occur due to carriers, weather, peak seasons, customs, or other events outside my control.
Once an order has been handed off to the carrier, I am not responsible for carrier-caused delays, though I will try to help where reasonably possible if an issue comes up.
SECTION 5 - RETURNS AND REFUNDS
Returns, refunds, fit-based return requests, and order issues are governed by the store’s Return & Refund Policy, which is incorporated into these Terms by reference.
SECTION 6 - PRODUCT AVAILABILITY AND ACCURACY
I do my best to keep product descriptions, pricing, and availability accurate. However, occasional errors, inaccuracies, or omissions may occur. I reserve the right to correct any such issue and to update or cancel affected orders when necessary.
SECTION 7 - INTELLECTUAL PROPERTY
The Mike Tierney name, archive branding, original graphics, logos, written content, visual assets, and other original material on this site are protected by intellectual property laws and remain my property or the property of the applicable rights holder.
You may not reproduce, copy, distribute, modify, sell, bootleg, or exploit any portion of the Services or site content without my prior written permission.
SECTION 8 - PRIVACY
Your submission of personal information through the store is governed by the store’s Privacy Policy. Shopify powers the platform and may process personal data as part of providing the ecommerce infrastructure, but I remain responsible for how this store handles customer-facing policies and operations.
SECTION 9 - THIRD-PARTY SERVICES AND LINKS
This store may contain links to third-party websites, services, or platforms, including music and social platforms such as Spotify, Apple Music, YouTube, or Instagram. These are provided for convenience only.
I am not responsible for the content, policies, accuracy, or practices of third-party sites or services. Your use of those services is at your own risk and subject to their terms.
SECTION 10 - PROHIBITED USES
You may use the Services only for lawful purposes. You may not use the site or its content:
- for any unlawful purpose
- to violate any law or regulation
- to submit false, misleading, or fraudulent information
- to infringe on intellectual property rights
- to upload malware, malicious code, or harmful files
- to scrape, data-mine, crawl, or harvest information from the store without authorization
- to interfere with the security or operation of the Services
- to engage in abusive behavior, harassment, or fraudulent chargebacks
I reserve the right to suspend or terminate access to the Services if these Terms are violated.
SECTION 11 - DISCLAIMER OF WARRANTIES
THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE STORE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW.
SECTION 12 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MIKE TIERNEY, HIS AFFILIATES, CONTRACTORS, FULFILLMENT PARTNERS, SERVICE PROVIDERS, OR PLATFORM PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR SIMILAR DAMAGES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE STORE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTHING IN THESE TERMS EXCLUDES LIABILITY TO THE EXTENT SUCH LIABILITY CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
SECTION 13 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Mike Tierney and his affiliates, contractors, service providers, and agents from and against any claim, demand, loss, liability, damage, cost, or expense, including reasonable attorneys’ fees, arising out of or related to your breach of these Terms or your violation of any law or the rights of a third party.
SECTION 14 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms. The remaining provisions shall remain valid and enforceable.
SECTION 15 - TERMINATION
These Terms remain effective unless and until terminated by either you or me. I may terminate or suspend your access to the Services at any time, without notice, if I believe you have violated these Terms or misused the store.
SECTION 16 - GOVERNING LAW
These Terms of Service and any separate agreements through which I provide Services shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to conflict of law principles.
SECTION 17 - CHANGES TO THESE TERMS
I reserve the right to update, modify, or replace any part of these Terms at any time by posting updates to the site. It is your responsibility to check this page periodically for changes. Your continued use of the Services after any changes are posted constitutes acceptance of those changes.
SECTION 18 - CONTACT INFORMATION
Questions about these Terms should be sent to:
Mike Tierney
Email: tierneymichael2002@gmail.com
Phone: (704) 426-3777