BRAHMA MERCH TERMS OF SERVICE

Last Updated: 7/26/26

OVERVIEW

Welcome to Brahma Merch. The terms “we,” “us,” and “our” refer to Brahma Merch.

Brahma Merch operates this website and online store, including all related information, content, features, tools, products, and services provided to you through the website collectively referred to as the “Services.”

Our store is powered by Shopify, which provides the e-commerce platform that allows us to offer our products and Services to you.

These Terms of Service, together with any policies referenced in them, describe your rights and responsibilities when you access, browse, interact with, or make a purchase through our Services.

Please read these Terms of Service carefully. They contain important information regarding your legal rights, including warranty disclaimers and limitations of liability.

By accessing or using our Services, creating an account, or placing an order, you agree to be bound by these Terms of Service and our Privacy Policy, available at [PRIVACY POLICY LINK]. If you do not agree to these Terms or our Privacy Policy, you should not access or use the Services.

SECTION 1 — ACCESS, ELIGIBILITY, AND ACCOUNTS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province, or place of residence. You may allow your minor dependents to use the Services on devices you own or manage, provided that you accept responsibility for their use.

To access certain features or purchase products, you may be asked to provide information such as your name, email address, billing information, payment information, and shipping address.

You represent that all information you provide is accurate, current, complete, and that you have the right to provide it.

You are responsible for maintaining the confidentiality and security of your account credentials and for all activity conducted through your account. You may not sell, assign, transfer, or license your account to another person.

We reserve the right to suspend or terminate an account if we reasonably believe it is being used fraudulently, unlawfully, or in violation of these Terms.

SECTION 2 — STORE AND SCHOOL AFFILIATION

Brahma Merch sells high school apparel, spirit wear, accessories, personalized merchandise, and other school- or team-related products.

Unless expressly stated otherwise, Brahma Merch is an independent business and is not owned, operated, controlled, or officially endorsed by any school, school district, athletic department, booster organization, student organization, or government agency.

School names, mascots, logos, team names, and other related marks remain the property of their respective owners.

SECTION 3 — PRODUCTS AND PRODUCT INFORMATION

We make reasonable efforts to accurately display and describe our products. However, the colors and appearance of a product may vary depending on the screen, device, settings, lighting, production method, garment material, or printing process.

Product photographs and digital mockups are provided for illustrative purposes. The size, location, proportion, and appearance of logos, names, numbers, graphics, and other design elements may vary depending on the product type, garment size, and production requirements.

Minor variations in color, print placement, design size, texture, stitching, or appearance that naturally occur during production are not considered defects.

We do not guarantee that a product’s appearance will be identical to a digital mockup or that it will meet every subjective expectation.

Product descriptions, prices, designs, materials, colors, and availability may be changed at any time without notice. We reserve the right to discontinue products or limit the quantities available to any person, household, geographic region, or jurisdiction.

SECTION 4 — SIZING AND PRODUCT CARE

Customers are responsible for reviewing the applicable size chart and selecting the correct size before placing an order.

Sizing may vary between garment brands, manufacturers, styles, and product types. Brahma Merch is not responsible for an incorrect size selected by the customer.

Customers must follow all garment and product care instructions. Damage caused by improper washing, drying, ironing, bleaching, cleaning, storage, normal wear, or misuse is not considered a manufacturing defect.

Unless otherwise instructed, decorated apparel should generally be washed according to the product’s care label and should not be ironed directly over printed or decorated areas.

SECTION 5 — PERSONALIZED AND CUSTOM ORDERS

Some products may be personalized with information such as:

• Student or player names
• Jersey numbers
• Graduation years
• School or team names
• Colors
• Logos
• Photographs
• Custom wording
• Design selections

Customers are responsible for carefully reviewing all spelling, sizing, numbering, colors, and personalization information before submitting an order.

Orders will be produced using the information submitted at checkout, through an order form, or otherwise approved by the customer. Brahma Merch is not responsible for errors entered, submitted, or approved by the customer.

Personalized and custom products cannot be changed, canceled, returned, or exchanged after production has begun, except when the product arrives damaged or Brahma Merch produced the item incorrectly.

SECTION 6 — CUSTOMER-SUBMITTED CONTENT

Customers may submit names, logos, images, photographs, artwork, wording, or other content for use in personalized products.

By submitting content, you represent and warrant that:

1. You own the content or have permission to use it.
2. You have permission from any identifiable person appearing in the content.
3. The content does not violate another party’s copyright, trademark, privacy, publicity, or other rights.
4. The content is not unlawful, defamatory, threatening, offensive, discriminatory, obscene, or otherwise inappropriate.

You grant Brahma Merch a limited, nonexclusive license to reproduce and use submitted content solely as reasonably necessary to create, process, and fulfill your order.

We may refuse, cancel, or request changes to any order containing content that we reasonably believe is unauthorized, unlawful, offensive, inappropriate, or likely to violate another party’s rights.

SECTION 7 — ORDERS AND ORDER ACCEPTANCE

When you place an order, you are making an offer to purchase the selected products.

Your order is not accepted until Brahma Merch confirms acceptance and successfully processes your payment. An order confirmation or payment receipt does not necessarily mean that production has begun.

Brahma Merch reserves the right to accept, decline, limit, modify, or cancel an order for reasons including:

• Product unavailability
• Pricing or description errors
• Suspected fraud
• Payment issues
• Unauthorized use of intellectual property
• Inappropriate customer-submitted content
• Production limitations
• Shipping restrictions
• Violation of these Terms

If we cancel an order after payment has been processed, we will issue an appropriate refund to the original payment method.

We will attempt to notify you using the email address, phone number, billing information, or other contact information provided with your order.

Products are intended for personal or household use unless Brahma Merch agrees otherwise in writing. You may not purchase products for unauthorized commercial resale, reproduction, or export.

SECTION 8 — PAYMENT, PRICING, AND BILLING

All prices are listed in U.S. dollars unless otherwise stated.

Prices, discounts, promotions, and product availability may change without notice. The price charged will generally be the price displayed when the order is placed and will appear in your order confirmation.

Unless expressly stated otherwise, listed prices do not include applicable taxes, shipping, handling, customs fees, import charges, or other costs.

Full payment is required before an order will be processed, produced, or shipped. Orders for which payment has not been received will not be processed.

You agree to provide accurate, complete, and current billing, payment, shipping, and account information. You agree to promptly update your information when necessary so that we can complete your transaction and contact you regarding your order.

By submitting payment information, you represent that:

1. The information provided is accurate and complete.
2. You are authorized to use the selected payment method.
3. The charges will be honored by your payment provider.
4. You will pay all authorized charges, including applicable taxes and shipping costs.

Prices offered through Brahma Merch’s online store may differ from prices available through physical events, fundraisers, school sales, or third-party platforms.

Promotions may be subject to separate terms. If promotional terms conflict with these Terms, the specific promotional terms will control for that promotion.

SECTION 9 — FUNDRAISER ORDERS

Certain purchases may be offered as part of a fundraiser benefiting a participating school, team, club, program, booster organization, or other group.

The amount contributed to the participating organization will be determined by the fundraiser terms advertised at the time of purchase.

Unless expressly stated otherwise, fundraiser proceeds may be calculated using the eligible product purchase price and may exclude:

• Sales tax
• Shipping charges
• Payment-processing fees
• Discounts
• Refunds
• Canceled orders
• Chargebacks
• Other non-product charges

A customer’s purchase does not constitute a direct tax-deductible charitable donation unless specifically stated in writing by the participating organization.

Brahma Merch is not responsible for how a participating organization uses or distributes the fundraiser proceeds after they are provided to that organization.

SECTION 10 — ORDER CHANGES AND CANCELLATIONS

Customers should carefully review their orders before submitting payment.

Cancellation or change requests may only be considered before production begins. Once materials have been ordered, artwork has been prepared, personalization has been approved, or production has begun, the order cannot be changed, canceled, or refunded.

Submitting a cancellation request does not guarantee that the order can be canceled.

SECTION 11 — SHIPPING AND DELIVERY

Orders are generally processed and shipped within 3–5 business days after payment and all required order information have been received.

Business days do not include weekends or federal holidays. Custom orders, large orders, fundraiser orders, preorders, and products requiring customer approval may require additional processing time.

Orders are shipped through USPS unless another shipping method is stated or selected.

Shipping and delivery dates are estimates only and are not guaranteed. Brahma Merch is not responsible for delays caused by:

• USPS or another shipping carrier
• Weather conditions
• Natural disasters
• Holidays
• School closures
• Customs processing
• Labor interruptions
• Incorrect or incomplete addresses
• Events outside our reasonable control

Customers are responsible for providing a complete and accurate shipping address. Additional shipping charges may apply if an order is returned, redirected, or must be reshipped because the customer provided an incorrect or incomplete address.

Once an order has been transferred to the shipping carrier, title and risk of loss pass to the customer to the extent permitted by applicable law. This provision does not limit any rights the customer may have under applicable consumer-protection laws.

Shipping charges are nonrefundable unless the shipment error was caused by Brahma Merch.

SECTION 12 — RETURNS, REFUNDS, AND REPLACEMENTS

Due to the custom and made-to-order nature of many Brahma Merch products, all sales are final.

Returns, replacements, or refunds are only available when:

1. An item arrives damaged; or
2. The customer receives an incorrect item due to an error made by Brahma Merch.

To request assistance, customers must contact Brahma Merch promptly after delivery and provide:

• The order number
• A description of the issue
• Clear photographs of the item
• Photographs of the packaging, when applicable

Brahma Merch may request additional information before approving a refund or replacement.

Items that have been worn, washed, altered, used, personalized incorrectly based on customer-submitted information, or damaged after delivery are not eligible for a refund, return, or replacement.

Incorrect sizes selected by the customer are not eligible for a return or exchange.

Approved refunds will be issued to the original payment method. Processing times may vary depending on the customer’s bank, credit card company, or payment provider.

All purchases are also subject to our Refund Policy, available at [REFUND POLICY LINK].

SECTION 13 — ERRORS, INACCURACIES, AND OMISSIONS

The Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, discounts, shipping charges, transit times, product availability, or other information.

We reserve the right to correct errors, update information, modify products, or cancel orders when information is inaccurate, including after an order has been submitted.

If we cancel a paid order because of an error, we will issue an appropriate refund to the original payment method.

SECTION 14 — INTELLECTUAL PROPERTY

The Services and their content, including Brahma Merch’s original trademarks, branding, text, designs, product descriptions, photographs, images, graphics, videos, audio, layouts, and arrangement, are owned by Brahma Merch or its licensors and are protected by applicable intellectual-property laws.

These Terms allow you to use the Services for personal, noncommercial purposes only.

You may not, without prior written permission:

• Copy or reproduce our original designs
• Modify or create derivative works from our content
• Download or republish store materials
• Sell or distribute our artwork
• Use our product photographs for commercial purposes
• Reproduce our designs on other products
• Publicly display or perform protected content
• Use our branding in a manner that suggests an unauthorized affiliation

Purchasing a product does not transfer ownership of the design or grant the purchaser permission to reproduce or commercially use it.

Brahma Merch’s name, logos, product names, service names, designs, and slogans are trademarks or protected branding of Brahma Merch or its licensors.

Shopify’s name, logo, product names, service names, designs, and slogans are trademarks of Shopify. Other names, logos, school marks, mascots, and designs appearing through the Services belong to their respective owners.

All rights not expressly granted in these Terms are reserved.

SECTION 15 — OPTIONAL TOOLS AND THIRD-PARTY SERVICES

We may provide access to tools, applications, payment providers, social-media features, or other services operated by third parties.

We do not control or monitor all third-party tools and provide access to them on an “as is” and “as available” basis without endorsement or warranty.

Your use of third-party tools is at your own risk and may be governed by the third party’s own terms and privacy policies.

We may introduce new features, tools, or resources through the Services. Those features will also be considered part of the Services and will be subject to these Terms.

SECTION 16 — THIRD-PARTY LINKS

The Services may include links, embedded functions, or materials provided by third parties.

Brahma Merch is not responsible for evaluating or guaranteeing the accuracy, safety, reliability, or content of third-party websites, products, or services.

You access third-party websites at your own risk. We are not liable for loss or damage arising from your access to, purchase from, or use of a third-party website or service.

Questions, claims, or complaints relating to third-party products or services should be directed to the applicable third party.

SECTION 17 — RELATIONSHIP WITH SHOPIFY

Brahma Merch is powered by Shopify, which enables us to provide the Services to you. However, any sales or purchases made through our store are transactions directly between you and Brahma Merch.

Shopify is not the seller of Brahma Merch products and is not responsible for any aspect of the sale between you and Brahma Merch, including injury, loss, or damage resulting from purchased products or Services.

By using the Services, you release Shopify and its affiliates from claims, damages, and liabilities arising from or relating to your purchases and transactions with Brahma Merch, to the extent permitted by applicable law.

SECTION 18 — PRIVACY

Personal information collected through the Services is governed by our Privacy Policy, available at [PRIVACY POLICY LINK].

Because the Services are hosted by Shopify, Shopify may collect and process information relating to your access to and use of the Services in order to operate and improve the platform.

Information submitted through the Services may be shared with Shopify, payment processors, shipping carriers, production partners, service providers, and other parties as reasonably necessary to operate the store, fulfill orders, provide support, prevent fraud, and comply with legal obligations.

Certain providers may process information in countries other than the country in which you reside.

By using the Services, you acknowledge that you have reviewed the applicable privacy policies.

SECTION 19 — FEEDBACK, REVIEWS, AND SUBMISSIONS

If you submit a review, suggestion, idea, photograph, testimonial, comment, proposal, or other feedback, collectively referred to as “Feedback,” you grant Brahma Merch a worldwide, nonexclusive, royalty-free, transferable, and sublicensable license to use, reproduce, modify, publish, distribute, display, and otherwise use that Feedback for operating, evaluating, improving, and promoting our Services.

You represent that:

1. You own the Feedback or have permission to submit it.
2. The Feedback is accurate and not misleading.
3. You have disclosed any compensation or incentive received in connection with it.
4. The Feedback does not violate another person’s intellectual-property, privacy, publicity, or other rights.
5. The Feedback does not contain unlawful, abusive, defamatory, obscene, or malicious content.
6. The Feedback does not contain viruses, malware, or harmful code.

We are not required to keep Feedback confidential, pay compensation for it, or respond to it.

We may monitor, edit, refuse, or remove Feedback that violates these Terms or that we determine is unlawful, offensive, misleading, or inappropriate.

SECTION 20 — PROHIBITED USES

You may use the Services only for lawful purposes.

You may not use the Services to:

• Violate any applicable law, regulation, or ordinance
• Infringe our rights or the rights of another person
• Harass, threaten, abuse, defame, or discriminate against another person
• Submit false or misleading information
• Commit or attempt fraud
• Impersonate another person or organization
• Upload viruses, malware, or harmful code
• Send spam or unauthorized advertising
• Collect or track another person’s personal information
• Circumvent security or access-control features
• Scrape, copy, extract, sell, or exploit store content
• Interfere with the operation or security of the Services
• Submit content that violates these Terms
• Use automated systems to access the Services in a manner prohibited by us

We reserve the right to suspend, disable, or terminate access to the Services if we believe these Terms have been violated.

SECTION 21 — AUTOMATED AGENTS

Any automated or semi-automated software, service, bot, artificial-intelligence agent, or similar technology that accesses or interacts with the Services must truthfully identify itself and comply with all applicable access restrictions.

Automated agents may not:

• Conceal that they are automated
• Mimic human activity to avoid detection
• Circumvent CAPTCHAs or security controls
• Bypass restrictions on automated access
• Ignore a request to stop accessing the Services
• Misrepresent their identity or purpose

We may use technical or other measures to restrict or block automated access to the Services.

SECTION 22 — TERMINATION

We may suspend or terminate your access to the Services, or terminate these Terms as they apply to you, when reasonably necessary to protect Brahma Merch, Shopify, our customers, our partners, or third parties.

You will remain responsible for all amounts owed through the effective date of termination.

Provisions that by their nature should survive termination will continue to apply, including provisions concerning intellectual property, customer submissions, Feedback, payment obligations, disclaimers, limitations of liability, indemnification, governing law, and dispute resolution.

SECTION 23 — DISCLAIMER OF WARRANTIES

The information provided through the Services is made available for general informational purposes.

We do not guarantee that all information will be accurate, complete, current, or suitable for every purpose. Reliance on information provided through the Services is at your own risk.

Except as expressly stated by Brahma Merch, and to the fullest extent permitted by law, the Services and products offered through the Services are provided on an “as is” and “as available” basis without express or implied warranties, including implied warranties of merchantability, fitness for a particular purpose, durability, title, or noninfringement.

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

Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, the exclusions in this section will apply only to the extent legally permitted.

SECTION 24 — LIMITATION OF LIABILITY

To the fullest extent permitted by law, Brahma Merch and its owners, partners, officers, employees, affiliates, agents, contractors, licensors, and service providers will not be liable for indirect, incidental, punitive, special, exemplary, or consequential damages arising from:

• Your access to or use of the Services
• Your inability to access or use the Services
• Products purchased through the Services
• Errors or omissions in content
• Delays or interruptions
• Loss of profits, revenue, savings, business opportunities, or data
• Replacement costs or similar losses

To the fullest extent permitted by law, Brahma Merch’s total liability arising from an order will not exceed the amount you paid for the affected product.

Nothing in these Terms limits rights, remedies, or liabilities that cannot legally be excluded or limited.

SECTION 25 — INDEMNIFICATION

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Brahma Merch, Shopify, and their respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims, losses, damages, liabilities, costs, and reasonable attorneys’ fees arising from:

1. Your breach of these Terms or any policy incorporated by reference.
2. Your violation of applicable law.
3. Your violation of another person’s rights.
4. Content, logos, photographs, artwork, or other materials you submit.
5. Your misuse of the Services.

We will provide reasonable notice of an indemnifiable claim when practicable. You agree to cooperate with the defense of such a claim.

SECTION 26 — SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, void, or unenforceable, that provision will be enforced to the fullest extent permitted by law.

Any unenforceable portion will be severed, and the remaining provisions will continue in full force and effect.

SECTION 27 — WAIVER AND ENTIRE AGREEMENT

Our failure to enforce a right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with our Privacy Policy, Refund Policy, Shipping Policy, fundraiser terms, product terms, and other policies posted through the Services, constitute the entire agreement between you and Brahma Merch regarding your use of the Services.

These Terms supersede prior or contemporaneous communications, proposals, agreements, and earlier versions of the Terms relating to the same subject matter.

Any ambiguity in these Terms will not automatically be interpreted against the drafting party.

SECTION 28 — ASSIGNMENT

You may not transfer, delegate, or assign these Terms or your rights and obligations under them without our prior written consent.

Any attempted assignment made without consent may be considered void.

Brahma Merch may transfer, assign, or delegate its rights and obligations under these Terms as permitted by law.

SECTION 29 — GOVERNING LAW

These Terms and any separate agreement through which Brahma Merch provides Services will be governed by the applicable laws of the state in which Brahma Merch is headquartered, without regard to conflict-of-law principles.

To the extent permitted by law, disputes relating to these Terms or the Services will be handled by the appropriate state or federal courts located in [COUNTY, STATE].

You and Brahma Merch consent to the jurisdiction and venue of those courts, except where applicable law requires otherwise.

SECTION 30 — CHANGES TO THESE TERMS

You may review the current version of these Terms of Service on this page at any time.

We reserve the right to update, modify, or replace any part of these Terms by posting revisions through the Services.

When required by law, we will provide notice of material changes. Changes will become effective on the date stated in the notice or when posted if no other date is provided.

Your continued use of the Services after revised Terms become effective constitutes acceptance of the revised Terms.

The Terms in effect when an order is placed will generally apply to that order.

SECTION 31 — HEADINGS

Section titles and headings are included for convenience only and do not limit or otherwise affect the interpretation of these Terms.

SECTION 32 — CONTACT INFORMATION

Questions about these Terms of Service may be directed to:

Brahma Merch
a6_designs@yahoo.com
323-313-5906