Terms of service

1. Who we are and what you are agreeing to

JOEY BROOKS is a series of NextCTR LLC. In these terms "we", "us" and "our" mean JOEY BROOKS. We run this website and everything on it (the information, tools and services) on Shopify, which supplies the ecommerce platform we use to bring our shirts to you. These Terms of Service (the "Terms") set out the deal between you and us. By visiting the site or buying anything from it you agree to the Terms and to our Privacy Policy. Anyone who does not agree should not use the site or the services.

2. You

You confirm that you have reached the age of majority in the state or province where you live. When we ask for details (an email address, billing, payment or shipping information) you agree that what you give us is accurate, current and complete, and you are responsible for keeping any account credentials secure and to yourself.

3. Products, prices and mistakes

We choose our shirts carefully and do our best to show their colours, textures and cut accurately, but screens differ and we cannot promise that a colour on your display is an exact match. We may limit the sale of any product to any person or region, and we may discontinue a product at any time without notice. Prices can change without notice and, unless we say otherwise, do not include state or local taxes. Now and then a page will carry a typo, an inaccuracy or an omission about a product, a price, a promotion or availability; we may correct it, update the information or cancel an affected order at any time without prior notice.

4. Orders

Placing an order is an offer to buy. JOEY BROOKS may accept, limit or decline it for any reason. Because our logistics are set up to move orders out quickly, the window for changes or cancellations is narrow, typically within 2 hours of placing the order. After an order has been processed it falls under our Refund and Return Policy. You agree to keep the purchase and account details you give us correct, current and complete for every transaction, you confirm you are entitled to use the payment method you provide, and you accept that your bank or card issuer will honor the charge.

5. Delivery and risk of loss

We work with reliable carriers, but we cannot be held liable for delays that come from carriers, severe weather or handling outside our control, and every delivery timeline we quote is an estimate. A parcel that is on the way is our responsibility until it is delivered. If it disappears in transit, or is damaged when it arrives, email support@joeybrooks.com and we open an inquiry with the carrier; once it confirms the loss or damage we arrange a replacement or a refund, as the Shipping Policy sets out. Claims for damage or defects need to reach us inside 7 days of delivery, as the Refund and Return Policy sets out. Once the carrier scans the parcel Delivered at the address you gave us at checkout, risk of loss passes to you, and from then on JOEY BROOKS cannot be held liable for a parcel that is lost or stolen. If a delivery fails because the address you supplied was wrong or incomplete, the Failed deliveries part of our Shipping Policy applies and sending it again may cost an additional fee.

6. What is ours

The JOEY BROOKS name and everything on this site (text, photographs, graphics, logos and the way the site is built) belongs to us or to our licensors, and copyright and other intellectual property law protect it. Do not reproduce, copy, sell or otherwise exploit any part of the site or its content without our written permission.

7. Other people's sites

The site may show third party material or link to sites we do not run. We do not monitor those sites and we are not liable for any harm or loss connected with anything you buy or use through a third party site.

8. Shopify and your privacy

Our store is hosted by Shopify Inc. Shopify provides the infrastructure; the sale itself is between you and JOEY BROOKS, and Shopify is not a party to that agreement or responsible for any claim about a product you buy from us. What you submit through the store is handled as our Privacy Policy sets out, and because the store runs on Shopify, Shopify also processes information in order to provide these services.

9. Things you send us

If you send us an idea, a suggestion, a review or a proposal, whether online, by email or any other way, you agree that we may edit, copy, publish and use it in any medium, at any time and without restriction, that we do not have to keep it confidential and that we owe you nothing for it.

10. What you may not do

Use the site for lawful purposes only. You may not use the site or its content to: (a) step on our intellectual property rights or someone else's; (b) give false or misleading information; (c) introduce viruses or other harmful code; (d) harvest personal information about other people; or (e) do anything that limits or interferes with another person's use or enjoyment of the services.

11. Disclaimer, and what it does not cover

We provide the website and the services on it "as is" and "as available", without a warranty that the site will run without interruption, on time, securely or free of errors. That statement is about the website and services only: it does not cover the products we sell you. Nothing here excludes, limits or modifies a warranty, guarantee or other right that applicable consumer protection law gives you, including any implied warranty the law does not allow us to disclaim, and what we do about defective, damaged or incorrect items is in our Refund and Return Policy. To the fullest extent the law allows, and setting aside any liability the law does not let us exclude, JOEY BROOKS and our directors, officers, employees and suppliers are not liable for indirect, incidental, special or consequential loss arising from your use of the site or the services.

12. Indemnity

You will indemnify and hold harmless JOEY BROOKS and NextCTR LLC, together with our employees, officers, directors, agents, contractors, partners and subsidiaries, against any third party claim or demand (reasonable attorneys' fees included) that arises because you breached these Terms, broke the law or infringed someone's rights.

13. Disputes, arbitration and governing law

Read this part carefully; it affects your legal rights. Every dispute, claim or controversy that arises from or relates to these Terms or to a purchase of JOEY BROOKS products goes to binding, individual arbitration instead of court. You and JOEY BROOKS each give up the right to a jury trial and the right to take part in a class action, class arbitration or any representative proceeding. The American Arbitration Association (AAA) administers the arbitration under its own rules. These Terms, and any separate agreement covering services we provide you, are governed by the laws of the State of Texas, USA. If any provision of these Terms turns out to be unlawful, void or unenforceable, it still applies as far as the law permits, it is treated as severed, and the rest of the Terms stand.

14. Changes and contact

We may revise or replace any portion of these Terms by publishing the new text on this site, and it is up to you to check back now and then; continuing to use or visit the site after a change is published means you accept the change. Questions about these Terms go to support@joeybrooks.com.