Terms of service
**Terms of Service**
**Last Updated: May 17, 2026**
Welcome to Nocturnally Occupied LLC (the “Store,” “Website,” or “we/us/our”). These Terms of Service (“Terms”) govern your access to and use of our website, products, and services. By accessing or using the Store, placing an order, or creating an account, you agree to be legally bound by these Terms. If you do not agree, please do not use the Store.
### 1. Our Business Model
We are an independent online retailer operating a **print-on-demand (POD)** store. All products are custom-made to order by third-party printing and fulfillment partners (primarily Printify and its global network of print providers). We do not hold inventory. Each item is printed specifically for you after your order is placed.
### 2. Eligibility & Accounts
- You must be at least 18 years old (or the age of majority in your jurisdiction) to use this Store.
- When creating an account, you agree to provide accurate, current, and complete information and to keep it updated.
- You are responsible for maintaining the confidentiality of your account and password and for all activities that occur under your account.
- We reserve the right to suspend or terminate accounts at our sole discretion.
### 3. Orders, Pricing & Payments
- All orders are subject to acceptance and availability. We may cancel or refuse any order at any time.
- Prices are listed in U.S. Dollars and are subject to change without notice.
- Taxes, shipping, and handling fees are calculated and displayed at checkout.
- We accept the payment methods displayed at checkout. All payments are processed securely through Shopify Payments or other integrated gateways.
- By placing an order, you authorize us (or our payment processor) to charge your chosen payment method for the total amount.
- **Risk of Loss**: Title and risk of loss pass to you upon shipment from our fulfillment partner’s facility.
### 4. Production, Shipping & Delivery
Production and shipping are governed by our **Shipping Policy**, which is incorporated by reference.
- Standard production time is 2–7 business days.
- We are not responsible for delays caused by production partners, carriers, customs, or events beyond our reasonable control.
- International orders may incur customs duties, taxes, and import fees payable by the customer.
### 5. Returns, Refunds & Cancellations
Our **Returns & Exchanges Policy** is incorporated by reference. Because all items are custom-made, we offer refunds or replacements only in cases of manufacturing defects or shipping damage, subject to the conditions in that policy.
We generally do **not** accept returns for change of mind or sizing issues once production has begun.
### 6. Intellectual Property
- All content on the Website (designs, text, graphics, logos, images, etc.) is owned by us or our licensors and protected by copyright, trademark, and other intellectual property laws.
- You may not copy, reproduce, distribute, or create derivative works without our prior written consent.
- **Custom Designs**: If you upload or request custom designs, you represent and warrant that you own or have all necessary rights to use that content. You grant us a royalty-free, worldwide license to use, print, and fulfill orders with your submitted designs.
- We reserve the right to reject any design that we believe may infringe third-party rights.
### 7. Prohibited Conduct
You agree not to:
- Use the Store for any unlawful purpose or to violate any laws.
- Submit designs that are defamatory, obscene, infringing, or harmful.
- Attempt to gain unauthorized access to any part of the Store.
- Engage in any activity that interferes with or disrupts the Store or our partners’ services.
### 8. Disclaimers & Limitation of Liability
- **“AS IS” Basis**: The Store and all products are provided “as is” and “as available” without warranties of any kind, express or implied.
- We do not warrant that product colors, sizes, or appearance will be identical to mockups (minor variations are normal in POD).
- **Maximum Liability**: To the fullest extent permitted by law, our total liability to you for any claim shall not exceed the amount you actually paid for the specific product giving rise to the claim.
- We are not liable for any indirect, incidental, consequential, special, or punitive damages (including lost profits, data loss, or goodwill).
### 9. Indemnification
You agree to indemnify and hold us, our officers, employees, partners, and fulfillment providers harmless from any claims, losses, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising from:
- Your violation of these Terms
- Your submitted designs or content
- Your use of the Store
### 10. Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of **Virginia**, United States, without regard to conflict of laws principles. Any disputes shall be resolved exclusively in the state or federal courts located in **Loudoun County, Virginia**. You agree to submit to the personal jurisdiction of such courts.
### 11. Changes to These Terms
We may update these Terms from time to time. The “Last Updated” date reflects the effective date. Your continued use of the Store after changes constitutes acceptance of the revised Terms.
### 12. Contact Information
For questions about these Terms, please contact us at:
**Email**: admin@nocturnallyoccupied.com
**Business Name**: Nocturnally Occupied LLC
**Address**: 227 E King St Strasburg, Virginia 22657