Terms of Service

These Terms of Service (“Terms”) govern your use of the Neck Breaker Apparel website and your purchase of products from Neck Breaker Apparel.

By accessing our website, creating an account, placing an order, or purchasing from us, you agree to these Terms as well as our Privacy Policy, Refund & Return Policy, and Shipping Policy.

If you do not agree to these Terms, please do not use our website or purchase our products.

1. Online Store Terms

By using this website, you represent that you are legally capable of entering into a binding agreement in your jurisdiction or that you have permission from a parent or legal guardian where required.

You may not use our website, products, content, or services for any unlawful or unauthorized purpose.

You may not attempt to interfere with the operation or security of our website, introduce malicious code, gain unauthorized access to our systems, or use our website in a manner that violates applicable law.

2. Products & Availability

We make reasonable efforts to accurately display and describe our products, including colors, designs, materials, sizing, and other characteristics.

However, colors and product appearance may vary slightly depending on your screen, device, lighting, photography, manufacturing variations, or other factors.

All products are subject to availability.

Some Neck Breaker Apparel products may be produced or released in limited quantities. We do not guarantee that any product, size, color, or design will remain available or be restocked.

We reserve the right to limit quantities, discontinue products, modify products, or refuse sales when reasonably necessary.

3. Pricing

Prices are displayed in U.S. dollars unless otherwise stated.

We reserve the right to change product prices, promotions, discounts, or offers at any time.

A price change does not entitle a customer to a refund of the difference for an order that was previously completed at another price.

We make reasonable efforts to ensure pricing is accurate. However, typographical, technical, or administrative errors may occasionally occur.

If a product is listed or sold at an obviously incorrect price, we reserve the right to cancel the affected order and issue a refund rather than fulfill the order at the incorrect price.

4. Orders

Submitting an order does not necessarily constitute final acceptance of that order by Neck Breaker Apparel.

We reserve the right to refuse, limit, or cancel an order when reasonably necessary, including in cases involving:

• Suspected fraud or unauthorized payment

• Incorrect pricing or product information

• Inventory errors

• Unusual or excessive purchasing activity

• Suspected resale or automated purchasing activity

• Shipping restrictions

• Previous fraudulent activity or abuse of our policies

• Other circumstances that reasonably prevent us from fulfilling the order

If we cancel an order after payment has been collected, eligible amounts paid will be refunded to the original payment method.

5. Payment Information

You agree to provide current, complete, and accurate billing, payment, and contact information when placing an order.

You represent that you are authorized to use the payment method submitted with your order.

Payments may be processed through Shopify or other third-party payment providers. Neck Breaker Apparel does not necessarily directly store complete payment-card information.

Your use of third-party payment services may also be subject to the applicable provider's terms and privacy practices.

6. Shipping

All orders are subject to our Shipping Policy.

Customers are responsible for providing accurate and complete shipping information.

Shipping and delivery estimates are not guaranteed unless expressly stated otherwise.

Neck Breaker Apparel's responsibilities regarding incorrect addresses, returned packages, carrier delays, lost shipments, and packages marked delivered are governed by our Shipping Policy.

7. Returns, Exchanges & Refunds

Returns, exchanges, damaged merchandise, refunds, and non-returnable merchandise are governed by our Refund & Return Policy.

By completing a purchase, you acknowledge and agree to the Refund & Return Policy in effect at the time of your purchase.

8. Preorders & Limited Releases

Certain products may be sold as preorders, limited releases, or made-to-order merchandise.

These products may have different fulfillment timelines from standard in-stock merchandise.

Estimated fulfillment information will be provided on the applicable product page whenever possible.

Purchasing a limited-release item does not guarantee future availability for an exchange or replacement.

9. Promotions & Discount Codes

Promotions and discount codes may be subject to additional conditions, including expiration dates, product restrictions, minimum purchase requirements, or usage limits.

Unless expressly stated otherwise:

• Discounts cannot be combined.

• Discounts cannot be applied retroactively to completed orders.

• Promotional codes have no cash value.

• Promotional offers may be modified or discontinued where permitted by law.

We reserve the right to cancel or reject the use of a promotional code obtained or used through fraud, abuse, manipulation, or technical error.

10. Gift Cards & Store Credit

Gift cards and store credit may be used toward eligible purchases from Neck Breaker Apparel according to the terms provided when issued.

Gift cards are not redeemable for cash except where required by law.

Gift cards are non-refundable except where required by applicable law.

Promotional store credit may be subject to additional conditions disclosed when issued.

11. Intellectual Property

All content associated with Neck Breaker Apparel, including but not limited to our:

• Neck Breaker name and branding

• NB logos and marks

• Clothing designs and artwork

• Graphics and illustrations

• Product photography

• Videos

• Website designs and layouts

• Written content

• Advertising and promotional materials

is owned by, licensed to, or used with permission by Neck Breaker Apparel and is protected by applicable intellectual-property laws.

Purchasing one of our products gives you ownership of the physical product. It does not transfer ownership or licensing rights to the artwork, designs, logos, photography, branding, or other intellectual property appearing on or associated with that product.

You may not copy, reproduce, modify, manufacture, sell, distribute, publish, commercially exploit, or create derivative works from our protected content without prior written authorization.

You may not use Neck Breaker Apparel's name, logo, artwork, product images, photography, or other intellectual property to create or promote counterfeit, competing, or unauthorized merchandise.

12. User Content & Reviews

If you submit a review, photograph, comment, testimonial, social-media tag, or other content directly to Neck Breaker Apparel, you represent that you have the right to submit that content.

You agree not to submit content that is unlawful, threatening, defamatory, infringing, fraudulent, malicious, or otherwise inappropriate.

We may remove content submitted to our website when we reasonably determine that it violates these Terms or applicable law.

Submitting content directly to us does not transfer your ownership of that content.

13. Third-Party Services & Links

Our website may use or link to third-party services, including Shopify, payment processors, shipping carriers, social-media platforms, analytics providers, and other services.

We are not responsible for the independent content, availability, security, policies, or practices of third-party websites or services.

Your interaction with those services may be governed by their own terms and privacy policies.

14. Website Availability

We do not guarantee that our website or online services will always be uninterrupted, secure, or error-free.

We may modify, suspend, restrict, or discontinue portions of the website when reasonably necessary for maintenance, security, updates, or business operations.

15. Prohibited Uses

You may not use our website or content to:

• Violate applicable law

• Infringe our intellectual property or the rights of others

• Submit false or misleading information

• Transmit malicious software or harmful code

• Collect customer or website-user information without authorization

• Attempt to bypass website security

• Engage in fraudulent purchasing activity

• Use automated systems or bots to unfairly purchase limited-release merchandise

• Impersonate another person or entity

• Interfere with the normal operation of our website

We reserve the right to restrict access or cancel orders associated with prohibited activity.

16. Chargebacks & Payment Disputes

If you experience an issue with an order, shipment, return, or refund, we encourage you to contact Neck Breaker Apparel first so we have an opportunity to resolve the issue.

Initiating a chargeback or payment dispute does not automatically create eligibility for a refund outside of our applicable policies.

When responding to a payment dispute, we may provide relevant records to the payment processor or financial institution, including order information, tracking information, proof of delivery, policy acceptance, customer communications, and other documentation related to the transaction.

Fraudulent or abusive payment disputes may result in future orders being refused where permitted by law.

17. Disclaimer of Warranties

To the fullest extent permitted by applicable law, our website and services are provided on an “as available” basis.

Nothing in these Terms excludes warranties, protections, or rights that cannot legally be excluded under applicable law.

18. Limitation of Liability

To the fullest extent permitted by applicable law, Neck Breaker Apparel and its owners, employees, affiliates, service providers, and representatives will not be liable for indirect, incidental, special, consequential, or punitive damages arising from your use of our website or products.

Where liability cannot legally be excluded, our liability will be limited to the maximum extent permitted by applicable law.

Nothing in these Terms is intended to limit liability where doing so would be prohibited by law.

19. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Neck Breaker Apparel and its owners, employees, affiliates, and representatives from claims, liabilities, damages, or reasonable expenses arising from your unlawful use of our website, your violation of these Terms, or your infringement of another person's rights.

20. Privacy

Your submission and use of personal information through our website is governed by our Privacy Policy.

Please review the Privacy Policy for information regarding how personal information may be collected, used, disclosed, and protected.

21. Changes to These Terms

We may update these Terms periodically to reflect changes to our business, products, services, legal requirements, or website.

The most current version will be posted on this page with an updated revision date.

Changes will apply prospectively as required by applicable law.

22. Severability

Except as otherwise specifically provided in the arbitration provisions below, if any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed where necessary.

The remaining provisions will continue in effect.

23. Governing Law, Dispute Resolution, Binding Arbitration & Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO HAVE CERTAIN DISPUTES DECIDED BY A COURT OR JURY AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION.

23.1 Governing Law

These Terms, your use of the Neck Breaker Apparel website, and any dispute arising out of or relating to your relationship with Neck Breaker Apparel will be governed by the laws of the State of Texas, without regard to conflict-of-law principles, except to the extent federal law applies or applicable law requires otherwise.

The arbitration provisions contained in this section are intended to involve interstate commerce and will be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1–16, to the fullest extent applicable.

23.2 Informal Dispute Resolution

Before either you or Neck Breaker Apparel initiates arbitration, the parties agree to make a good-faith effort to resolve the dispute informally.

The party seeking relief must provide written notice describing:

• The name and contact information of the person bringing the dispute

• The applicable order number, if any

• A description of the dispute

• The facts supporting the claim

• The specific relief requested

Notices to Neck Breaker Apparel may be sent to:

info@neckbreakervinyl.company

The parties will have 30 days after receipt of the notice to attempt to resolve the dispute informally.

Neither party may initiate arbitration until this informal dispute-resolution period has concluded, except where immediate relief is reasonably necessary to prevent irreparable harm or where applicable law does not permit such a requirement.

23.3 Agreement to Binding Individual Arbitration

Except for the exceptions specifically identified below, you and Neck Breaker Apparel agree that any dispute, claim, or controversy arising out of or relating to these Terms, our website, an order, a product, advertising, promotion, payment, refund, return, shipment, or your relationship with Neck Breaker Apparel will be resolved through final and binding arbitration rather than in court.

Arbitration will be conducted on an individual basis only.

The arbitration will be administered by the American Arbitration Association (“AAA”) under the applicable AAA consumer arbitration rules in effect when the arbitration is initiated, unless the parties mutually agree to another arbitration provider.

The arbitration will be conducted before a single neutral arbitrator.

The arbitrator will have authority to award the same individual remedies that would otherwise be available in court, subject to these Terms and applicable law.

The arbitrator's decision will be final and binding, subject only to the limited review permitted by the Federal Arbitration Act or other applicable law.

23.4 Waiver of Jury Trial

YOU AND NECK BREAKER APPAREL UNDERSTAND AND AGREE THAT BY ACCEPTING THESE TERMS AND AGREEING TO BINDING ARBITRATION, EACH PARTY IS WAIVING THE RIGHT TO HAVE COVERED DISPUTES DECIDED BY A JUDGE OR JURY IN COURT.

Arbitration uses a neutral arbitrator rather than a judge or jury, and arbitration procedures may differ from court procedures.

23.5 Class Action & Representative Action Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND NECK BREAKER APPAREL AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY.

Neither you nor Neck Breaker Apparel may bring or participate in a covered dispute as:

• A plaintiff or class member in a class action

• A representative in a representative action

• A member of a collective action

• A participant in class-wide arbitration

• A private attorney general or similar representative proceeding to the extent such a waiver is permitted by applicable law

Unless both parties expressly agree otherwise in writing, an arbitrator may not consolidate the claims of multiple individuals or preside over any class, collective, coordinated, consolidated, or representative proceeding.

Any relief awarded in arbitration will apply only to the individual parties involved and only to the extent necessary to resolve their individual dispute, except where applicable law requires otherwise.

23.6 Small Claims Court Exception

Notwithstanding the arbitration agreement above, either party may bring an eligible individual claim in small claims court instead of arbitration if the claim qualifies for that court and remains solely on an individual, non-class, and non-representative basis.

23.7 Intellectual Property & Injunctive Relief

Either party may seek temporary, preliminary, or other appropriate injunctive relief from a court of competent jurisdiction when reasonably necessary to prevent actual or threatened:

• Trademark infringement

• Copyright infringement

• Counterfeiting

• Misappropriation of intellectual property

• Unauthorized reproduction or sale of Neck Breaker Apparel designs

• Unauthorized use of Neck Breaker Apparel branding

• Other conduct that could cause immediate and irreparable harm

Seeking this limited court relief does not waive the requirement to arbitrate other claims that are subject to arbitration.

23.8 Arbitration Location & Format

Where permitted under the applicable arbitration rules, arbitration may be conducted through written submissions, telephone, videoconference, or another reasonably accessible method.

If an in-person hearing is required, its location will be determined according to applicable AAA consumer arbitration rules and applicable law.

Neck Breaker Apparel will not require a consumer to travel to Texas for an arbitration when doing so would violate applicable consumer arbitration rules or law.

23.9 Arbitration Fees

Payment of filing, administrative, and arbitrator fees will be governed by the applicable AAA rules and applicable law.

Neck Breaker Apparel will pay fees it is required to pay under applicable consumer arbitration rules or law.

Nothing in these Terms is intended to make arbitration prohibitively expensive for a consumer or eliminate rights concerning arbitration costs that cannot lawfully be waived.

23.10 Arbitration Opt-Out

YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT IN THIS SECTION WITHOUT AFFECTING YOUR ABILITY TO PURCHASE FROM NECK BREAKER APPAREL.

To opt out, you must send written notice to:

info@neckbreakervinyl.company

Your opt-out notice must be sent within 30 days of the date you first become subject to these Terms and must include:

• Your full name

• The email address associated with your order or account, if applicable

• Your order number, if applicable

• A clear statement that you wish to opt out of the Neck Breaker Apparel arbitration agreement

An effective opt-out applies only to the arbitration provisions of these Terms. All other applicable Terms remain in effect.

23.11 Severability of Arbitration Provisions

If any portion of this arbitration agreement is determined to be invalid or unenforceable, that portion will be severed or limited to the minimum extent necessary, and the remaining provisions will continue to apply to the fullest extent permitted by law.

However, if the Class Action & Representative Action Waiver is determined to be unenforceable with respect to a particular claim or request for relief and applicable law requires that claim to proceed on a class, collective, or representative basis, that particular claim or request for relief will proceed in a court of competent jurisdiction rather than in arbitration.

Any remaining individual claims subject to arbitration will continue in arbitration where permitted.

23.12 Court Proceedings Not Subject to Arbitration

For any dispute that is not subject to arbitration under these Terms, you and Neck Breaker Apparel consent to the jurisdiction of the appropriate state or federal courts located in Texas, subject to any mandatory venue or consumer-protection rights provided by applicable law.

23.13 Survival

This dispute-resolution and arbitration section will survive termination of these Terms, cancellation of an order, closure of an account, or the end of your relationship with Neck Breaker Apparel to the extent permitted by applicable law.

24. Entire Agreement

These Terms, together with our Privacy Policy, Refund & Return Policy, Shipping Policy, and any other policies or terms expressly incorporated into a transaction, constitute the agreement between you and Neck Breaker Apparel regarding your use of our website and purchases from us.

25. Contact Information

Questions regarding these Terms of Service may be sent to:

Neck Breaker Apparel
Email: info@neckbreakervinyl.company

Last updated: October 5, 2026