Terms of Service
Overview
This website is operated by Last Day On Earth Limited, trading as Stinky Human ("we", "us", "our"), a company registered in England at 61 Bridge Street, Kington, England, HR5 3DJ. Throughout the site, these terms apply to all users, including browsers, customers, and anyone submitting content.
By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following Terms of Service, including any additional policies referenced here.
Please read these Terms carefully before using our website. If you do not agree to all of the terms and conditions in this agreement, you may not access the website or use our Services.
Any new features or tools added to the store are also subject to these Terms. We reserve the right to update or change any part of these Terms at any time by posting changes to our website. It is your responsibility to check this page periodically. Continued use of the site after changes are posted constitutes your acceptance of those changes.
Our store is hosted on Shopify Inc., who provide the e-commerce platform that allows us to sell our products to you.
1. Online Store Terms
By agreeing to these Terms, you confirm that you are at least the age of majority in your jurisdiction, or that you have permission from a parent or guardian. You may not use our products for any unlawful purpose, nor violate any laws applicable to you in your use of the Service. You must not transmit any viruses, malware, or destructive code. Any breach of these Terms will result in immediate termination of your access to the Service.
2. General Conditions
We reserve the right to refuse service to anyone, for any reason, at any time. Credit and debit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or otherwise exploit any part of the Service without our express written permission.
3. Intellectual Property
Flower Boy character artwork, sculptures, illustrations, packaging designs, the Stinky Human logo and related creative materials displayed on this website are owned by Last Day On Earth Limited (trading as Stinky Human) or used under licence. All rights reserved.
Except as permitted by applicable law or with our prior written permission, these materials may not be reproduced, adapted, distributed or used to manufacture merchandise. Purchasing a product does not transfer intellectual property rights in its design.
4. Accuracy of Information
We are not responsible if information on this site is inaccurate, incomplete, or out of date. Material on the site is provided for general information only. We reserve the right to modify the contents of the site at any time, without obligation to update any information, and it's your responsibility to check for changes.
5. Modifications to the Service and Prices
Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service, or any part of it, at any time without notice, and we won't be liable to you or any third party for doing so.
6. Products and Services
Some products may be available exclusively online and in limited quantities, and are subject to our Returns Policy. We make every effort to display product colours and images accurately, but we can't guarantee that your device's display will be perfectly accurate. We reserve the right to limit sales of any product to any person, region, or jurisdiction, at our discretion, and to discontinue any product at any time. Product descriptions and pricing are subject to change without notice.
7. Accuracy of Billing and Account Information
We reserve the right to refuse or cancel any order, including orders that appear to be placed by resellers or distributors, or that use duplicate account, payment, or address details. If we cancel or change an order, we'll try to notify you using the contact details provided at checkout.
You agree to provide current, complete, and accurate information for all purchases, and to keep your account details (including email and payment information) up to date.
For more detail, please see our Shipping, Cancellation, Refund & Return Policy.
8. Delivery
We currently deliver to addresses within mainland UK only. Orders are fulfilled through our fulfilment partner, Farfill, and delivered via Royal Mail.
Orders are dispatched the next working day after they're placed, with delivery typically the following day (for example, an order placed Monday is dispatched Tuesday and arrives Wednesday). We cannot guarantee exact delivery times, as actual delivery can be affected by circumstances outside our control, including courier delays and public holidays. You will not hold us liable for delays that are outside our control.
You must report an incorrect, incomplete, or missing delivery promptly via [our contact form].
Please keep your delivery address and contact details up to date. You become the owner of goods once they're delivered to the address provided, and from that point they are held at your own risk.
9. Email Marketing
If you sign up to our mailing list (via Klaviyo), you'll receive a welcome email and may receive promotional emails from us from time to time, including offers and new product updates. You can unsubscribe at any time using the link at the bottom of any marketing email. We do not currently offer SMS marketing, though we may introduce this in future, in which case separate terms will apply and you'll be asked to opt in separately.
From time to time we may offer welcome discount codes or similar promotions. Any such offers are subject to change or withdrawal at our discretion and full terms will be provided at the time they're offered.
We plan to introduce a referral programme and customer membership scheme in future. When available, these will be governed by their own specific terms, which will be published on this site.
10. Optional Tools
We may give you access to third-party tools that we don't monitor or control. Such tools are provided "as is" without warranties of any kind, and we have no liability arising from your use of them. Use of any optional third-party tools is entirely at your own risk.
11. Third-Party Links
Certain content or links on our site may direct you to third-party websites not affiliated with us. We are not responsible for the content, accuracy, or practices of any third-party sites, and any transactions you make with third parties are between you and them.
12. User Comments, Feedback and Submissions
If you send us comments, ideas, or suggestions (whether requested or not), you agree that we may use, edit, publish, and distribute them without restriction or compensation to you. You're solely responsible for anything you submit, and you agree it won't be unlawful, abusive, obscene, or infringe on anyone else's rights.
13. Personal Information
Your submission of personal information through the store is governed by our Privacy Policy.
14. Errors, Inaccuracies and Omissions
Occasionally there may be typographical errors or inaccuracies relating to product descriptions, pricing, or availability on our site. We reserve the right to correct these, and to change or cancel orders affected by such errors, at any time without prior notice.
15. Prohibited Uses
You may not use our site or its content: for any unlawful purpose; to violate any applicable laws or regulations; to infringe our intellectual property or that of others; to harass, abuse, or discriminate against others; to submit false or misleading information; to transmit viruses or malicious code; to collect others' personal information without consent; or to interfere with the security of the Service. We reserve the right to terminate access for anyone who violates these terms.
16. Disclaimer of Warranties; Limitation of Liability
We don't guarantee that the Service will be uninterrupted, timely, secure, or error-free. The Service and all products delivered through it are provided "as is" and "as available", without warranties of any kind, to the extent permitted by law. To the fullest extent permitted by law, Last Day On Earth Limited, our directors, employees, and agents will not be liable for any indirect, incidental, or consequential damages arising from your use of the Service or our products.
17. Indemnification
You agree to indemnify and hold harmless Last Day On Earth Limited and our directors, employees, and agents from any claim arising out of your breach of these Terms or your violation of any law or third-party right.
18. Severability
If any provision of these Terms is found unlawful or unenforceable, that provision will be limited or removed to the minimum extent necessary, without affecting the enforceability of the remaining provisions.
19. Termination
These Terms remain in effect unless terminated by you or us. You may stop using our Services at any time. We may terminate your access at our discretion if we believe you've violated these Terms, and you'll remain responsible for any amounts due up to the date of termination.
20. Entire Agreement
These Terms, together with any policies posted on our site, constitute the entire agreement between you and us regarding your use of the Service, superseding any prior agreements or communications.
21. Governing Law
These Terms are governed by and construed in accordance with the laws of England and Wales.
22. Changes to These Terms
We may update these Terms from time to time by posting changes to this page. Your continued use of the site after changes are posted constitutes acceptance of those changes.
23. Contact Information
Questions about these Terms of Service should be sent to us at hello@stinkyhuman.com.