Terms and Conditions
Axolotl Apparel Terms, Conditions, and Policies
This page was last updated on 10/17/2022. The contents of our Terms, Conditions, and Policies are as follows:
Customer Use
- Acceptance of Terms of Service
- Account Registration and Site Use
- Terms of sale
- Pricing; product and service availability
- Shipping and Handling; Deliveries
- Refunds and Replacements
- Customer Security and Privacy
- Linked sites
- Accessibility
Intellectual Property
- Licenses and use of content
- Marks
Disputes and Resolutions
- Indemnification; Disclaimers; Limitation of Liability
- Arbitration and Class Action Waiver
- Jurisdiction
Miscellaneous
- Severability
- Assignment
- Termination
- Entire Agreement
Customer Us
- Acceptance of Terms of Service
This website is operated by Axolotl Apparel ("AA"). Throughout the site, the terms “we”, “us” and “our” refer to AA. AA offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
- Site Use
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
- Terms of Sale
We offer products for purchase.
By providing AA with a payment method, you warrant that you are legally authorized to use that payment method and that you authorize AA (or our third party payment processor) to charge the payment method for the total amount of your purchase (including any applicable taxes and other charges, including shipping and handling) (the “Order”). You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
If the payment method is invalid or unacceptable, your Order may be cancelled. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You acknowledge that the amount billed may vary slightly due to changes in taxes or other charges related to the Order, and you authorize us (or our third party payment processor) to charge your payment method for the amount.
- Pricing; Product and Service Availability
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. All prices are in U.S. dollars and applicable taxes and other charges are additional. We reserve the right to modify prices and Product descriptions on the Site as we see fit, at any time without notice.
All offers made in accordance with these Terms are subject to availability. We reserve the right to limit any quantity of an Order, and to discontinue offering certain products without notice. In the event that an ordered product becomes unavailable before the order can be fulfilled, a refund of the charge(s) to you will be provided as the sole remedy.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). AA shall not be liable for any errors or omissions in pricing or discounts, and in the event of any such error or omission, AA reserves the right to cancel any and all affected orders and refund the charge(s) to you as the sole remedy. We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
We reserve the right at any time to modify, suspend, or discontinue, temporarily or permanently, the Site, in whole or in part, as well as the provision of any Products. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service, Products, or Site.
- Shipping and Handling; Deliveries
You agree to pay the shipping and handling we determine and charge at the time of purchase. Delivery dates may vary. Title to and the risk of loss of your Order from our collaborating supplier (the “Supplier”) to you upon delivery of your Order. You are responsible for inspecting all Products in your Order for damage or missing items upon delivery of the Order.
- Refunds and Replacements
It is of utmost importance to AA and its Suppliers that you are satisfied with your experience with us and the Products. If you are dissatisfied with the Products, please contact us at info@axolotlapparel.com to let us know what is not satisfactory so that we can work with you to remedy any issues and seek a solution. Because our Suppliers print to order, we need your feedback within seven (7) calendar days from the Product delivery to consider possibly issuing a full or partial refund or replacement. We cannot guarantee that we will consider a refund or replacement beyond seven (7) days after Product delivery. AA does not provide refunds in the case of buyers remorse.
Please contact us at info@axolotlapparel.com before returning any item. Items can be returned to:
Axolotl Apparel Returns
11201 Ed Brown Rd
Charlotte, NC 28273
There are no refunds or replacements for gift cards or discounted or sale items.
- Customer Security and Privacy
This Customer Security and Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from www.axolotlapparel.com (the “Site”).
It is, of course, your choice to provide us with your Customer Data, but the absence of some data may preclude us from establishing your account or processing your Orders. If at any time you decide that you no longer want to receive notices or communications from us, you may let us know by emailing us at info@axolotlapparel.com.
Though AA will take all reasonable measures to protect Customer Data, you are solely responsible and liable for all data, information and other materials (“Customer Content”) that you submit, post, e-mail in connection with the Site. In addition, we have no control over, and shall have no liability for, any damages resulting from the use or misuse by any third party of information made public through the Site. IF YOU CHOOSE TO SUBMIT TO US, OR OTHERWISE MAKE ANY PERSONAL INFORMATION OR PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK. To protect our customers, you also agree that you (1) will not, and will not permit anyone else to share any Customer Content that is unlawful, harmful, hateful, obscene, tortious, defamatory, libelous, slanderous, offensive, lewd, invasive of another’s privacy or racially, ethnically or otherwise discriminatory; (2) share any Customer Content that you do not have the legal rights to or (3) share any Customer Content that constitutes unsolicited or unauthorized promotional materials such as spam, or (4) share any Customer Content that contains any software code or virus designed to modify, damage or erase software, hardware or data. You may not use a false e mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. Customer Content includes any Content shared about AA on our third-party social media platforms (e.g., Facebook, Instagram, Twitter, or other platform hereinafter devised). You hereby grant AA a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and sublicensable license to edit, copy, publish, distribute, translate and otherwise use in any medium any Customer Content that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We have no obligation to monitor Customer Content, but we value our customers’ privacy and appreciate the trust they put in our Site, and so we will screen the site frequently for suspicious users and uses for the protection of our customers and our site. We reserve the right to remove, screen or edit Customer Content posted or stored on the Sites at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites at your sole cost and expense.
- Third-party Linked Sites and Optional Tools
Nothing in the Site, including links, should be construed as a AA endorsement of any products or services. Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are neither owned nor operated by AA and that are not affiliated with us. We have no control over these linked websites and make no representations or warranties with respect to these websites or their content. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability for any third-party materials or websites, or for any other materials, products, or services of third-parties.
Your choice to link to any other website is at your own risk. AA reserves the right not to link to any website. Your viewing and use of any third-party websites is at your sole discretion and risk.
Additionally, we may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and
- Accessibility
AA is committed to making our Web site's content accessible to everyone via our Accessibility Enabler app. If you are having difficulty with the Site, or notice any content or functionality that you believe is not fully accessible to individuals with disabilities, please email us at
Intellectual Property
- Licenses and Use of Content
All Site images and text including, without limitation, the AA logo and all designs, text, graphics, pictures, information, and any other content or files not owned by Shopify (the “Content”) are the property of AA.
Subject to these Terms, you are hereby granted a personal, non-exclusive, non-transferable, non-sublicensable license to make personal, non-commercial use of the Content, strictly for the purposes of interacting with the Content as a customer of AA. You have no ownership of the Content and may not alter the Content. All rights to the Content not expressly granted herein are reserved by AA. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
- Marks
The AA logo, and any other AA product or service name, trademark, logo, or other indicia hereinafter devised (“Marks”) that may appear on the Site or products are the property of AA, and may not be copied, imitated or used, in their entirety or in part, without our written permission.
Disputes and Resolutions
- Indemnification; Disclaimers; Limitation of Liability
To the fullest extent permitted by law, you agree to old harmless and indemnify AA, its subsidiaries and affiliates, business partners (including but not limited to Suppliers), contractors, clients and service providers, and their respective officers, employees, agents and representatives from and against any claims, liabilities, costs or damages, including reasonable legal fees relating to or arising from your use of the Site, any Customer Data or Customer Content that you share through the Site, or any other act or omission by you or those on whose behalf you accept the Terms of Use. You agree that AA shall have control of the defense or settlement of any third party claims.
ALL PRODUCTS AND EVERYTHING ON THE SITE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AA DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO: (A) THE PRODUCTS; (B) THE SITE CONTENT AND FUNCTIONALITY; (C) CUSTOMER DATA OR CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE SITE. AA DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
AA DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY LOSS, DAMAGE, INJURY, CLAIM, LIABILITY OR OTHER CAUSE FROM ANY PRODUCT OR THE SITE (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR INCOME, LOSS OF DATA, OR OTHER LOSSES OR DAMAGES FOR BUSINESS INTERRUPTION; USE OR MISUSE OF USER CONTENT; LINKS TO THIRD PARTY SITES; EVENTS BEYOND AA’S REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, DELAYS OR ANY OTHER FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, CONNECTIVITY FAILURES, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO AA’S SITE; ) AND SHALL NOT BE LIABLE FOR THEM, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF AA TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO AA FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $500.
- Arbitration and Class Action Waiver
EXCEPT FOR ANY DISPUTES SEEKING RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, YOU AND AA AGREE THAT ANY DISPUTE SHALL BE FINALLY DECIDED BY ARBITRATION, except that you may assert claims in small claims court if your claims qualify.
- Jurisdiction
This Site is hosted in the United States of America and is intended for use by customers of the United States of America only. AA operates out of Asheville, North Carolina, in the United States. Any and all legal matters related to AA and our Terms, Conditions, and Policies are governed and enforced by the laws the State of North Carolina. You agree that any disputes arising from AA’s Terms, Conditions, and Policies shall be resolved in North Carolina’s state courts or United States District Court for the Western District of North Carolina. Any treaties that are not mandatory with respect to agreements made and performed entirely in the states of North Carolina, shall not apply.
Miscellaneous
- Severability
In the event that any provision of AA’s Terms, Conditions, and Policies is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
- Assignment
Except as otherwise specifically provided herein, neither Party may assign this Agreement or any of its rights, interests, or obligations hereunder without the prior written consent of the other Party.
- Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms, Conditions, and Policies are effective unless and until terminated by either you or us. You may terminate these Terms, Conditions, and Policies at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, Conditions, and Policies, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
- Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms, Conditions, and Policies shall not constitute a waiver of such right or provision. These Terms, Conditions, and Policies and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms, Conditions, and Policies). Any ambiguities in the interpretation of these Terms, Conditions, and Policies shall not be construed against the drafting party.