Terms of service

Terms of Service

Effective September 19, 2026

1. Overview

This website is operated by Simps Up, Bros Down LLC, a Virginia limited liability company. Throughout these Terms of Service, “we,” “us,” and “our” refer to Simps Up, Bros Down LLC. “You” refers to any visitor, customer, or other user of our website.

Our store is hosted by Shopify, which provides the ecommerce platform through which we offer our products.

These Terms of Service govern your access to and use of simpsupbrosdown.com, including purchases made through the website. By visiting the website or placing an order, you agree to these Terms and to our Privacy Policy, Shipping Policy, and Return and Refund Policy.

If you do not agree, please do not use the website.

2. Eligibility

You must be at least the age of majority in your state or country of residence to make a purchase, or you must use the website with the involvement and consent of a parent or legal guardian.

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

3. Products

Our products are made to order. We make reasonable efforts to display product descriptions, dimensions, colors, finishes, and images accurately. However, colors and details may appear differently because of screen settings, lighting, printing materials, and normal production variations.

Minor differences in color, print placement, shape, or finish that do not materially affect the product are not considered defects.

Ceramic products may break or chip if dropped or mishandled. Inspect products before use, exercise appropriate care with hot liquids, follow any product-care instructions, and discontinue use if a product becomes cracked, chipped, or otherwise unsafe.

We may modify, discontinue, or limit the availability of any product without prior notice.

4. Orders

Submitting an order constitutes an offer to purchase the selected products. All orders are subject to acceptance, payment authorization, product availability, shipping eligibility, and fraud review.

We may refuse, limit, or cancel an order before shipment when reasonably necessary, including because of:

A pricing or product-description error
Suspected fraud or unauthorized payment
Product or material unavailability
An incomplete or undeliverable address
A shipping restriction
An unusually large quantity
A violation of these Terms

If we cancel an order after payment has been collected, we will refund the canceled amount to the original payment method.

Orders are intended for personal use or gifting unless we approve a wholesale or resale arrangement in writing.

5. Customer Information

You agree to provide current, complete, and accurate purchase, billing, shipping, and account information.

You are responsible for reviewing your order and shipping address before completing checkout. Contact us immediately if a correction is needed. Changes cannot be guaranteed after production begins.

If you create an account, you are responsible for maintaining the confidentiality of your login credentials and for activity conducted through your account. Notify us promptly if you suspect unauthorized access.

6. Prices, Payment, and Taxes

Prices are displayed in the currency shown during checkout and may change without notice. A price change will not affect an order already accepted unless the displayed price resulted from an obvious error.

Applicable sales taxes and shipping charges are calculated and displayed during checkout.

You authorize us and our payment processors to charge the payment method provided for the total amount shown at checkout. Payment processing is performed by third-party providers and may be subject to their terms and privacy practices.

For international orders, you may be responsible for customs duties, import taxes, brokerage fees, or similar charges unless checkout expressly states that those amounts are included.

7. Production, Shipping, and Delivery

Production and delivery estimates are provided in our Shipping Policy. Because products are made to order and delivery depends on third-party carriers, estimated dates are not guarantees.

Expedited shipping, when offered, applies to carrier transit time and does not necessarily reduce production time.

Customers are responsible for providing an accurate and deliverable address. Additional charges may apply when a package must be resent because of an incorrect, incomplete, or undeliverable address supplied during checkout.

Our Shipping Policy is incorporated into these Terms.

8. Returns, Replacements, and Refunds

Eligibility for returns, replacements, refunds, cancellations, and order changes is governed by our Return and Refund Policy.

Because products are made to order, we generally do not accept returns or exchanges for change of mind or buyer’s remorse. Eligible damaged, defective, or incorrect orders will be reviewed and resolved according to that policy.

Nothing in these Terms or our policies limits any non-waivable rights provided by applicable consumer-protection law.

9. Promotions and Discount Codes

Discount codes and promotional offers may be subject to separate conditions, expiration dates, product restrictions, and quantity limits.

Unless expressly stated otherwise:

Only one discount code may be used per order
Promotions cannot be applied retroactively
Promotions have no cash value
Promotions may be modified or withdrawn before an eligible order is placed
Discounts do not apply to taxes or shipping charges

We may cancel a promotion or order if we reasonably determine that a discount was obtained through fraud, technical error, manipulation, or misuse.

10. Website Accuracy and Availability

We make reasonable efforts to keep website information accurate and current. Occasionally, information may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, availability, shipping, or delivery estimates.

We may correct errors and update information at any time. If a correction materially affects an accepted order, we will notify you and provide any cancellation or refund option required by law.

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

11. Intellectual Property

The website and its contents—including product designs, artwork, photographs, graphics, logos, branding, written copy, collection names, layouts, and other original materials—are owned by or licensed to Simps Up, Bros Down LLC and are protected by applicable intellectual-property laws.

You may access the website and view its content for personal, noncommercial use. You may not copy, reproduce, modify, distribute, publish, sell, license, create derivative works from, or commercially exploit our content without prior written permission.

Purchasing a product does not transfer ownership of the underlying artwork, design, trademark, copyright, or other intellectual property.

12. Reviews and Submitted Content

If you voluntarily submit a review, photograph, comment, testimonial, suggestion, or other content, you represent that:

You own the content or have permission to submit it
The content is truthful and does not violate another person’s rights
The content is not unlawful, threatening, abusive, deceptive, defamatory, obscene, or malicious
The content does not contain malware, spam, or unauthorized advertising

You grant Simps Up, Bros Down LLC a nonexclusive, worldwide, royalty-free license to display, reproduce, format, and use submitted content in connection with operating and promoting our store. You retain ownership of your original content.

We may decline or remove submitted content that violates these Terms or applicable law.

13. Prohibited Conduct

You may not:

Use the website for fraud or unlawful activity
Misrepresent your identity or payment authority
Infringe intellectual-property or privacy rights
Upload malicious code or attempt to bypass security measures
Scrape, harvest, or collect information through unauthorized automated means
Interfere with the website, checkout, payment systems, or another customer’s use
Submit false reviews, fraudulent claims, or misleading information
Use our content or products to impersonate or falsely suggest affiliation with our business
Harass or threaten customers, service providers, or representatives of the business

We may restrict or terminate access when we reasonably believe these Terms have been violated.

14. Third-Party Services and Links

We use third-party services for ecommerce hosting, payment processing, production, analytics, communications, shipping, and other business operations.

Third-party links or services are provided for convenience and may be governed by separate terms and privacy policies. We are not responsible for the content or independent practices of third-party websites or services that we do not control.

15. Privacy

Our collection and use of personal information are described in our Privacy Policy. By using the website, you acknowledge that information may be processed by Shopify and other service providers necessary to operate the store and complete transactions.

16. Disclaimers

To the fullest extent permitted by applicable law, the website is provided on an “as available” basis. We do not guarantee uninterrupted access, error-free operation, or compatibility with every device or browser.

Any product warranty or remedy expressly provided in our Return and Refund Policy remains in effect. We do not exclude warranties, remedies, or consumer rights that cannot lawfully be excluded.

17. Limitation of Liability

To the fullest extent permitted by applicable law, Simps Up, Bros Down LLC will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising from use of the website or products.

Where liability may lawfully be limited, our total liability for a claim connected to an order will not exceed the amount paid for the product giving rise to that claim.

These limitations do not apply where prohibited by law or to liability arising from fraud, willful misconduct, gross negligence, personal injury caused by a defective product, or another liability that cannot legally be limited.

18. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Simps Up, Bros Down LLC from third-party claims, losses, or reasonable expenses arising directly from your unlawful use of the website, violation of these Terms, or infringement of another person’s rights.

This section does not require you to indemnify us for our own negligence, misconduct, or violation of law.

19. Events Beyond Reasonable Control

We are not responsible for delays or failures caused by events beyond our reasonable control, including severe weather, natural disasters, carrier interruptions, labor disruptions, supply shortages, government actions, infrastructure failures, or widespread network outages.

This section does not eliminate any cancellation, notification, refund, or other right required by applicable law.

20. Termination

We may suspend or terminate access to the website if you materially violate these Terms, misuse our services, or create a security or legal risk.

Obligations and provisions that logically survive termination—including payment obligations, intellectual-property rights, disclaimers, and limitations of liability—will remain in effect.

21. Severability and Waiver

If any provision of these Terms is determined to be unlawful or unenforceable, that provision will be limited or removed only to the extent necessary. The remaining provisions will continue in effect.

A failure to enforce a provision on one occasion does not waive the right to enforce it later.

22. Entire Agreement

These Terms, together with our Privacy Policy, Shipping Policy, Return and Refund Policy, and any order-specific terms displayed during checkout, constitute the agreement between you and Simps Up, Bros Down LLC concerning use of the website and purchases from the store.

23. Governing Law

These Terms are governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-law principles.

Nothing in this section deprives a consumer of mandatory protections available under the laws that apply to that consumer.

24. Changes to These Terms

We may update these Terms when our products, practices, services, or legal obligations change. The revised version will be posted on this page with an updated effective date.

Changes apply prospectively unless applicable law requires otherwise.

25. Contact

Questions about these Terms may be sent to:

Simps Up, Bros Down LLC
Email: help@simpsupbrosdown.com
Website: simpsupbrosdown.com
Mailing address: See our Contact Information page