Terms of service
Last Updated: September 11, 2026
These Terms of Service (“Terms”) govern your access to and use of shopgloomy.com (the “Site”), operated by Gloomy (“Gloomy,” “we,” “us,” or “our”), including purchases made through the Site.
By accessing or using the Site or purchasing products from Gloomy, you agree to these Terms and any policies incorporated into them by reference.
If you do not agree with these Terms, you should not use the Site.
1. GENERAL TERMS
By using this Site, you represent that you are at least the age of majority in your state, province, or country of residence, or that you are the age of majority and have given permission for any of your minor dependents to use the Site.
You may not use the Site or our products for any illegal or unauthorized purpose or violate any applicable laws in connection with your use of the Site.
We reserve the right to refuse or limit service, orders, or transactions where permitted by applicable law, including in cases of suspected fraud, abuse, payment issues, violations of these Terms or our policies, or other legitimate business or legal reasons.
2. CUSTOMER ACCOUNTS
Certain features of the Site may allow you to create or use a customer account.
You are responsible for maintaining the confidentiality and security of your account credentials and for activity conducted through your account.
You agree to provide accurate and current information and to notify us if you become aware of unauthorized access to or use of your account.
Gloomy reserves the right to suspend or terminate an account where permitted by applicable law if we reasonably believe it has been used fraudulently, unlawfully, or in violation of these Terms.
3. PRODUCTS AND PRODUCT INFORMATION
We make reasonable efforts to accurately display and describe our products, including product designs, colors, materials, sizing, and other characteristics.
However, colors and appearance may vary depending on your device, display settings, lighting, garment characteristics, manufacturing processes, and other factors.
Minor variations between products may occur and do not necessarily constitute a defect.
Product availability is subject to change without notice.
We reserve the right to modify or discontinue products where permitted by applicable law.
4. PRICES, PROMOTIONS AND ERRORS
Product prices are subject to change without notice.
Prices displayed at the time an order is placed generally apply to that order, subject to correction of obvious pricing, typographical, technical, or other errors.
If a product is accidentally listed at an incorrect price or contains materially incorrect information, Gloomy reserves the right, where permitted by applicable law, to correct the error or cancel the affected order.
If an affected order has already been paid and is canceled by Gloomy, the amount paid for the canceled order or item will be refunded.
Promotional offers, sales, and discount codes may be subject to additional terms, expiration dates, eligibility requirements, or exclusions.
Gloomy reserves the right to modify, suspend, or end promotions and to reject or cancel unauthorized, fraudulent, or abusive use of promotional offers or discount codes, subject to applicable law.
5. ORDERS AND ORDER ACCEPTANCE
Submitting an order does not necessarily constitute final acceptance by Gloomy.
We reserve the right to refuse or cancel an order where permitted by applicable law for legitimate reasons, including:
- Incorrect pricing or product information
- Product unavailability
- Payment authorization problems
- Suspected fraud or unauthorized transactions
- Shipping restrictions
- Violations of these Terms or other Gloomy policies
If Gloomy cancels an order after payment has been successfully collected, the applicable amount paid for the canceled order or item will be refunded.
You are responsible for ensuring that the information submitted with your order, including your email address, billing information, and shipping address, is complete and accurate.
6. BILLING AND PAYMENT
You agree to provide current, complete, and accurate billing, payment, contact, and purchase information.
You authorize Gloomy and its payment providers to charge the payment method you select for the amounts displayed during checkout, including applicable product charges, shipping charges, taxes, and other amounts disclosed before purchase.
Payments may be processed through Shopify and/or other authorized third-party payment processors.
Your use of third-party payment services may also be subject to the applicable provider's terms and policies.
7. PREORDERS AND MADE-TO-ORDER PRODUCTS
Certain Gloomy products may be offered as preorders or made-to-order products.
Processing, production, and estimated shipping timelines may differ from ready-to-ship merchandise and will be communicated through the applicable product page or other information provided at the time of purchase.
Estimated production and shipping dates are estimates and may be affected by reasonable production, supply, carrier, or logistical delays.
If a preorder experiences a significant delay, Gloomy will handle the affected order in accordance with applicable law.
If an order contains both an in-stock item and a preorder item, the entire order will generally ship together once the preorder item is ready, as described in our Shipping Policy.
Unless otherwise required by applicable law, preorder products are Final Sale and are not eligible for standard returns or exchanges.
Please review all product information, sizing, preorder timelines, and applicable policies before purchasing.
8. SHIPPING AND DELIVERY
Order processing and delivery are governed by our Shipping Policy, which is incorporated into these Terms by reference.
Processing time and carrier transit time are separate.
Delivery dates and carrier transit times are estimates unless expressly stated otherwise.
Circumstances outside Gloomy's reasonable control, including carrier disruptions, weather, customs processing, holidays, and logistical events, may affect delivery.
Customers are responsible for providing complete and accurate shipping information.
Additional terms concerning address changes, tracking, lost shipments, packages marked delivered, undeliverable packages, international shipping, and other shipping matters are provided in our Shipping Policy.
Nothing in these Terms or our Shipping Policy limits any rights or remedies that cannot lawfully be excluded.
9. INTERNATIONAL ORDERS
International customers are responsible for ensuring that products ordered from Gloomy may lawfully be imported into their destination country.
International shipments may be subject to VAT, customs duties, import taxes, brokerage charges, or other government or carrier-imposed fees.
Unless specifically collected at checkout, these charges are the responsibility of the customer.
International customers are also responsible for providing any information reasonably required for customs clearance and delivery.
Customs requirements and charges vary by jurisdiction, and Gloomy does not control fees imposed by customs authorities, governments, carriers, or other third parties.
Additional international shipping terms are provided in our Shipping Policy.
10. RETURNS, EXCHANGES AND FINAL SALE
Returns and exchanges are governed by our Returns & Exchanges Policy, which is incorporated into these Terms by reference.
Certain eligible products may qualify for returns or exchanges according to that policy.
Products specifically identified as Final Sale are not eligible for standard returns or exchanges.
Preorder products are Final Sale unless otherwise expressly stated.
Final Sale restrictions do not eliminate rights or remedies that cannot be excluded under applicable law, including applicable rights relating to damaged, defective, or materially incorrect merchandise.
Please review the applicable product page and Returns & Exchanges Policy before completing your purchase.
11. INTELLECTUAL PROPERTY
The Site contains intellectual property owned by or licensed to Gloomy, including Gloomy's original:
- Logos and brand identifiers
- Original artwork and illustrations
- Graphic designs
- Original adaptations and creative elements
- Product photography
- Website graphics
- Written content
- Branding and visual assets
These materials are protected to the extent provided by applicable copyright, trademark, and other intellectual-property laws.
Certain Gloomy products may draw inspiration from or incorporate characters, stories, concepts, or other material that is in the public domain.
Gloomy does not claim exclusive ownership of underlying public-domain material.
However, Gloomy's original artwork, illustrations, graphic compositions, adaptations, branding, and other protectable original creative elements based upon or surrounding such material remain protected to the extent permitted by law.
The inclusion of public-domain subject matter does not grant permission to reproduce Gloomy's specific artwork or other original creative expression.
Except as permitted by applicable law, you may not reproduce, distribute, sell, commercially exploit, modify, publish, or otherwise use Gloomy's protected intellectual property without prior written permission.
12. PROHIBITED USES
You may not use the Site:
- For unlawful or fraudulent purposes
- To provide false or misleading information
- To impersonate another person or entity
- To interfere with the operation or security of the Site
- To introduce malicious code, viruses, or other harmful technologies
- To attempt unauthorized access to the Site, customer accounts, systems, or networks
- To scrape, harvest, or collect information through unauthorized automated means
- To infringe or violate intellectual-property, privacy, or other legal rights
- To circumvent security measures or restrictions
- To misuse promotions, payment systems, or Site functionality
We may restrict or terminate access to the Site for violations of these Terms where permitted by applicable law.
13. THIRD-PARTY SERVICES AND LINKS
The Site may contain links to or integrations with services operated by independent third parties.
Gloomy does not control independent third-party websites or services and is not responsible for their content, availability, privacy practices, security, or other actions.
Your use of a third-party website or service may be subject to that third party's own terms and policies.
The inclusion of a third-party link or integration does not necessarily constitute Gloomy's endorsement of that third party.
14. WEBSITE AVAILABILITY AND INFORMATION
We make reasonable efforts to maintain accurate and current information on the Site but cannot guarantee that all information will always be complete, current, or free from errors.
We reserve the right to correct typographical errors, inaccuracies, omissions, product information, availability information, or pricing errors where permitted by applicable law.
We do not guarantee that the Site will always be available, uninterrupted, secure, or error-free.
We may modify, suspend, or discontinue portions of the Site when reasonably necessary.
15. DISCLAIMER OF WARRANTIES
To the fullest extent permitted by applicable law, the Site and its content are provided on an “as is” and “as available” basis.
Gloomy does not make warranties regarding uninterrupted or error-free access to the Site except where such warranties cannot lawfully be excluded.
Nothing in these Terms excludes or limits warranties, guarantees, consumer protections, or other rights that cannot be excluded or limited under applicable law.
16. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Gloomy will not be liable for indirect, incidental, special, consequential, or similar damages arising from or relating to use of the Site, products, or services.
To the fullest extent permitted by applicable law, Gloomy's aggregate liability arising from a particular purchase will not exceed the amount paid to Gloomy for the product or order giving rise to the claim.
These limitations do not apply where liability cannot lawfully be excluded or limited.
Nothing in these Terms is intended to exclude liability or consumer rights that applicable law prohibits Gloomy from excluding.
17. INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify and hold harmless Gloomy from third-party claims, liabilities, damages, and reasonable expenses arising from your unlawful use of the Site, material violation of these Terms, or infringement of another person's rights.
This provision does not require you to indemnify Gloomy for claims arising from Gloomy's own unlawful conduct or where indemnification is prohibited by applicable law.
18. PRIVACY
Your submission and use of personal information through the Site is governed by Gloomy's Privacy Policy.
By using the Site, you acknowledge that information may be processed as described in that policy and as otherwise permitted or required by applicable law.
19. GOVERNING LAW AND JURISDICTION
These Terms are governed by the laws of the State of Hawaii, United States, without regard to conflict-of-law principles, except to the extent that mandatory laws of another jurisdiction apply.
To the extent permitted by applicable law, disputes arising from or relating to these Terms, the Site, or purchases from Gloomy will be subject to the jurisdiction of the appropriate state or federal courts located in Hawaii.
Nothing in this section is intended to deprive a consumer of mandatory rights, protections, or legal remedies available under applicable law in the consumer's jurisdiction.
20. SEVERABILITY
If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed where necessary.
The remaining provisions will continue in full force and effect.
21. WAIVER
Gloomy's failure to enforce any provision of these Terms does not constitute a waiver of that provision or of Gloomy's right to enforce it later.
Any waiver must be effective in accordance with applicable law.
22. ENTIRE AGREEMENT
These Terms, together with the policies and information expressly incorporated by reference, including our Privacy Policy, Shipping Policy, and Returns & Exchanges Policy, constitute the agreement between you and Gloomy concerning your use of the Site and purchases made through it, except where additional terms are expressly provided for a particular product, promotion, or service.
23. CHANGES TO THESE TERMS
We may update these Terms periodically to reflect changes to our business practices, products, services, Site functionality, or legal requirements.
When changes are made, the updated Terms will be posted on the Site and the “Last Updated” date will be revised.
Unless otherwise required by law, updated Terms will apply prospectively from their effective date and will not retroactively alter the terms applicable to completed transactions.
Your continued use of the Site after updated Terms become effective constitutes acceptance of the revised Terms to the extent permitted by applicable law.
24. CONTACT INFORMATION
Questions regarding these Terms may be sent to:
Gloomy
support@shopgloomy.com
Mailing Address:
Gloomy
PO BOX 22419
Honolulu, HI 96823
United States
You may also contact us through the contact form available on shopgloomy.com.