Terms and conditions of use

OVERVIEW

Welcome to Brutal Kid! The terms "we", "our", and "us" refer to Brutal Kid. Brutal Kid operates this store and website, including all information, content, features, tools, and products offered for sale. Brutal Kid is a store powered by Shopify, which allows us to make our products available to you.

The General Terms and Conditions of Sale below, as well as all related policies (the "Terms"), describe your rights and responsibilities when you make a purchase on our site.
Please read these Terms carefully, as they contain important information about your legal rights and cover areas such as disclaimers and limitations of liability.

By visiting our site, browsing, or making a purchase, you agree to be bound by these General Terms and Conditions of Sale as well as our Privacy Policy (https://brutalkid.shop/pages/politique-de-confidentialite).
If you do not agree to these Terms or this Privacy Policy, you must not use this site or make any purchases on it.
SECTION 1 – SITE ACCESS AND ACCOUNT By accepting these General Terms and Conditions of Sale, you declare that you are at least the age of majority in your country of residence, and you consent to any minor under your care accessing the site only under your supervision. Site access by minors
The site is not intended for minors without adult supervision. If you are a parent or legal guardian, you authorize any minor under your care to browse the site only under your supervision. We do not knowingly collect personal data from minors without parental consent.

To access our site and browse our online store, or to purchase any of the products offered, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. The data collected will be processed in accordance with our Privacy Policy and the General Data Protection Regulation (GDPR). You represent and warrant that all information you provide during your purchases is correct, current, and complete, and that you have all necessary rights to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activities carried out with your account. You are not authorized to transfer, sell, assign, or license your account to another person.

SECTION 2 OUR PRODUCTS

We strive to provide an accurate representation of our products in our online store. However, the colors or appearance of the products may differ slightly from what is displayed on your screen, due to the type of device used and its settings.

Some products are prepared or printed after your order is received. Whether these are products manufactured by us or supplied by our partners, slight variations in finish may occur.

We do not guarantee that the appearance or quality of the products you purchase will exactly match your expectations or be strictly identical to that described or presented online. This does not affect your legal rights in the event of non-conformity or defect, in accordance with applicable law.

All product descriptions are subject to change at any time without notice. We reserve the right to withdraw any product from sale at any time and to limit the quantities available per person, region, or jurisdiction.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. Brutal Kid reserves the right to accept or refuse your order for any reason, in its sole discretion. Your order will only be considered accepted when Brutal Kid confirms this acceptance to you. Payment must be received and processed before order confirmation. Please check your order carefully before submitting it, as Brutal Kid may not always be able to accommodate cancellation requests after acceptance.

If we are unable to accept, modify, or cancel an order, we will notify you using the email address, billing address, and/or phone number provided when placing the order.

Your purchases may be returned or exchanged only in accordance with our Refund Policy.

You represent and warrant that your purchases are for personal or domestic use only, and not for commercial resale or export purposes.

SECTION 4 – PRICING AND BILLING Prices, discounts, and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be indicated in your confirmation email.
Unless otherwise stated, displayed prices do not include shipping, handling, customs, or import fees. In accordance with Article 293 B of the General Tax Code, VAT is not applicable.

Prices displayed in our online store may differ from those offered in physical stores or in other online stores operated by third parties. We may offer, from time to time, promotions that may affect prices, which are governed by specific promotion terms. In the event of a conflict between these terms and these General Terms and Conditions of Sale, the promotion terms will prevail. You agree to provide accurate, complete, and current purchase, payment, and account information for all your purchases. You agree to promptly update your account and information, including your email address, credit card numbers, and their expiration dates, so that we can process your orders and contact you as needed. You represent and warrant that: 1) the credit card information you provide is accurate, complete, and current, 2) you are authorized to use this card to make the purchase, 3) the charged amounts will be honored by your card-issuing institution, and 4) you will pay the charged amounts at the displayed prices, including shipping, handling fees, and all applicable taxes, if any.

SECTION 5 – SHIPPING AND DELIVERY Some products are prepared or printed after your order is received. Whether these are products manufactured by us or supplied by our partners, processing and shipping times may vary depending on the items and time of year. All indicated times are estimates provided for informational purposes and do not constitute a guarantee.

We are not responsible for delays caused by the manufacturer, carriers, customs, or any event beyond our control (e.g., strikes, extreme weather conditions, etc.).

In accordance with Article L.216-4 of the Consumer Code, the risk of loss or damage is transferred to you only when you (or a third party designated by you) physically take possession of the products. If you choose a carrier other than those offered on our site, the transfer of risk takes place upon delivery of the products to the carrier.

Please carefully check your delivery information before finalizing your order. In case of an incorrect or incomplete address, re-shipping costs may be at your expense.

SECTION 6 – INTELLECTUAL PROPERTY All content and elements available on this site, including, but not limited to, graphics, illustrations, images, logos, trademarks, designs, models, texts, videos, audios, as well as the layout or presentation of these elements, are the exclusive property of Brutal Kid, its affiliates, or its licensors. These elements are protected by French, European, and international laws relating to copyrights, trademarks, patents, designs, and models, as well as by other intellectual property rights.

You are authorized to use the content only for personal and non-commercial purposes. Any reproduction, distribution, modification, creation of derivative works, public performance, republication, download, storage, or transmission of any content without the prior written consent of Brutal Kid is strictly prohibited and constitutes an infringement of intellectual property rights.

Nothing in these Terms shall be construed as granting any license or right to any patents, trademarks, copyrights, designs, models, or other intellectual property rights owned by Brutal Kid, Shopify, or third parties.

Any unauthorized use of the content may incur your civil and criminal liability in accordance with the laws in force in France and in the European Union. All rights not expressly granted herein are reserved to Brutal Kid.

Unauthorized Use

Any unauthorized use of Brutal Kid's content or intellectual property may result in legal action and penalties in accordance with applicable laws. You agree to assume full responsibility for any violation of these Terms.

Brutal Kid names, logos, product names, designs, and slogans are trademarks of Brutal Kid or its affiliates or licensors. You must not use these trademarks without the prior written consent of Brutal Kid. Shopify's name, logo, product names, designs, and slogans are trademarks of Shopify. All other names, logos, product names, designs, and slogans on the site are trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS You may have access to third-party customer tools on the site, which we do not monitor and over which we have no control or influence.

You acknowledge and agree that access to these tools is provided "as is" and "as available," without any warranties, representations, or conditions of any kind, and without our endorsement. We disclaim all liability arising from your use of these third-party tools. Their use is at your own risk and discretion.

Any use of these optional tools is entirely your responsibility. You must ensure that you are familiar with and approve the terms under which these tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features on the site (including new tools and resources). These new features will be subject to these General Terms and Conditions of Sale.

SECTION 8 – LINKS TO THIRD PARTIES The site may contain materials and hyperlinks to websites provided or operated by third parties (including any integrated third-party functionality). We are not responsible for reviewing or the accuracy of the content of third-party websites you choose to access. If you decide to leave the site to visit these third-party materials or sites, you do so at your own risk. You acknowledge that the use of these links is at your own risk, and that Brutal Kid cannot be held responsible for direct or indirect damages resulting from such use.

We are not liable for any harm or damages related to your access to third-party websites, nor to your purchase or use of products, services, resources, or content on these sites. Please carefully review the third-party's policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Brutal Kid is powered by Shopify, which allows us to provide you with the Services. However, the sales and purchases you make in our Store are made directly with Brutal Kid. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Brutal Kid, including any harm, damage, or loss resulting from the products and services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or related to your purchases and transactions with Brutal Kid.

SECTION 10 – PRIVACY POLICY

All personal information we collect via the site is subject to our Privacy Policy. Certain personal information may also be subject to Shopify's Privacy Policy. By using the site, you acknowledge that you have read these privacy policies.

Since the site is hosted by Shopify, Shopify collects and processes personal information about your access to and use of the site to provide and improve site functionality. The information you submit to the site may be transmitted and shared with Shopify, as well as with third parties located in countries other than your own, to provide these features. Please see our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.

                                                                                                                                       SECTION 11 – FEEDBACK                                                                  If you submit, upload, post, send, or otherwise transmit any ideas, suggestions, opinions, proposals, or other content (collectively, “Feedback”), you grant us a worldwide, perpetual, sublicensable, and royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any media and for any purpose, including commercial. This license specifically allows us to operate, evaluate, improve, and promote the site, as well as to fulfill our obligations and exercise our rights in accordance with these Terms.

By sending us feedback (comment, suggestion, or review), you confirm that:

• you are the author of this feedback;

• you indicate whether you have received any benefit or reward for this feedback;

• your feedback complies with our Terms.

We are not obligated to:

• keep your feedback confidential;

• compensate you for your feedback;

• respond individually to your feedback.

We may, at our sole discretion, monitor, edit, or remove any Feedback that we deem unlawful, offensive, defamatory, threatening, pornographic, obscene, or infringing intellectual property rights or these Terms.

You agree that your Feedback will not violate any third-party rights, include defamatory, unlawful, or abusive content, or contain viruses or malicious software that could affect the site's operation. You are solely responsible for any Feedback you make and its accuracy. We assume no responsibility for any Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS                                      Information on the site may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping costs, delivery times, or product availability.

We reserve the right to correct any errors, inaccuracies, or omissions, to change or update information, or to cancel orders if any information is inaccurate, at any time and without prior notice, including after you have placed your order.

We are not responsible for consequences resulting from such errors, inaccuracies, or omissions.

SECTION 13 – PROHIBITED USES                                                               

You may only access and use the site for lawful purposes. It is prohibited, directly or indirectly, to:

1. use the site for illegal or malicious purposes;

2. violate any international, national, or local regulation or law;

3. infringe our intellectual property rights or those of third parties;

4. harass, abuse, insult, defame, intimidate, or harm our employees or any other person;

5. transmit false or misleading information;

6. send, upload, download, or use any content contrary to these Terms;

7. send unsolicited advertisements, chain letters, spam, or similar solicitations;

8. impersonate another person or entity;

9. engage in any conduct that may restrict the use of the site by other users or harm Brutal kid, Shopify, or the users of the site.

Furthermore, you must not:

a. upload or transmit viruses or any malicious code affecting the site's operation;
b. reproduce, copy, sell, or exploit any portion of the site;
c. collect or track the personal information of others without consent;
d. send spam, phish, use robots, or scrape;
e. interfere with or circumvent the security features of the site, other sites, or the Internet.

We reserve the right to suspend, disable, or terminate your account at any time and without prior notice if we believe you have breached any part of these Terms.

SECTION 14 – TERMINATION                                                                                      We may terminate this agreement or your access to the site (or any part thereof) at our sole discretion, at any time, and without notice. You will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply after any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that, by its nature, should survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES                                                  The information presented on the site is provided for general informational purposes. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from the use of or reliance on such information.

EXCEPT AS EXPRESSLY STATED BY Brutal kid, the site and all products offered on the site are provided "AS IS" and "AS AVAILABLE" for your use, without any representation, warranty, or condition of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, durability, title, or non-infringement. We do not guarantee that your use of the site will be uninterrupted, timely, secure, or error-free.

Some jurisdictions limit or do not allow the exclusion of implied warranties. Therefore, all or part of this clause may not apply to you.

SECTION 16 – LIMITATION OF LIABILITY                                                             

To the fullest extent permitted by applicable law, Brutal kid, our partners, officers, employees, affiliates, agents, contractors, service providers or licensors, as well as Shopify and its affiliates, shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.

This includes, but is not limited to, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from:

• your use of the site or any product purchased on the site;

• any error or omission in the content of the site;

• any loss or damage related to the use of content or products available on the site, even if you have been advised of their possibility.

SECTION 17 – INDEMNIFICATION                                                                               

You agree to indemnify, defend, and hold harmless Brutal kid, Shopify, and our affiliates, partners, officers, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to a third party due to or arising out of:

1. your breach of these Terms or the documents they incorporate by reference;

2. your violation of any law or the rights of a third party;

3. your access to and use of the site.

We will notify you of any indemnifiable claim, understanding that failure to provide timely notice does not release you from your obligations, except in cases of significant prejudice. We may control the defense and settlement of such claim at your expense, including the choice of counsel, but we will not settle a claim requiring non-monetary obligations from you without your consent (which shall not be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

This clause does not limit the legal rights of consumers under applicable French law.

SECTION 18 – SEVERABILITY                                                                                  If any provision of these Terms is deemed unlawful, void, or unenforceable, that provision will nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion will be deemed severed from these Terms, and such determination will not affect the validity and enforceability of any other remaining provisions.

SECTION 19 – WAIVER; ENTIRE AGREEMENT                                      Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

These Terms and any policies or rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the site, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written (including, but not limited to, any prior versions of the Terms).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 20 – ASSIGNMENT                                                                                  You may not delegate, transfer, or assign this Agreement or any of your rights or obligations hereunder without our prior written consent. Any attempted assignment will be null and void.

We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice to you.

SECTION 21 – GOVERNING LAW                                                                             These Terms and any separate agreement governing your use of the site are governed by and construed in accordance with French law. You and Brutal kid agree to the exclusive jurisdiction of the French courts for any dispute arising from the use of the site.

However, nothing in these Terms limits the legal rights consumers benefit from in their country of residence within the European Union.

SECTION 22 – HEADINGS                                                                                        The headings used in this agreement are provided for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 – CHANGES TO THE TERMS OF SERVICE     

You can review the most current version of these Terms at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates on our site. It is your responsibility to check the site periodically for changes.

We will notify you of any significant changes in accordance with applicable law. These changes will take effect on the date indicated in the notice. Your continued use of or access to the site after the posting of any changes constitutes your acceptance of those changes.

SECTION 24 – LEGAL NOTICES
Legal Notices                                                                                      Website Owner :
Company Name: Brutal kid
Legal Form: Micro-enterprise
Address: 6 Rue de L Ancienne Poste, 11360 Cascastel des Corbieres, France
SIRET Number: 94412088000017
Intra-community VAT number: FR94944120880 (if applicable)
Email: contanct@brutalkid.fr
Publication Director:
Sonia Sitek, as the legal representative of the company.

Website Host:
Shopify Inc.
150 Elgin Street, 8th Floor, Ottawa, ON K2P 1L4, Canada
Website: https://www.shopify.com

Intellectual Property:
All content on the site (texts, images, graphics, logos, designs, photographs, etc.) is protected by current intellectual property laws and is the exclusive property of Brutal kid, unless otherwise stated.
Any reproduction, distribution, modification, or use, even partial, without prior written authorization is strictly prohibited.

Responsibility:
The site owner strives to provide accurate and up-to-date information but cannot be held responsible for any errors, omissions, or unavailability of the service.

Personal data protection:
Your personal data is processed in accordance with our Privacy Policy available on this site.

Last updated: August 11, 2025