Terms and Conditions

TERMS & CONDITIONS
Effective Date: November 5, 2025

OVERVIEW

Welcome to Nearly Offensive and to the wonderful world of legal jargon that we’re obligated to provide. If you’re reading this, I can promise you there are much more fun things to do with your time. Still here? Okay, let’s go.

The terms “we”, “us”, and “our” refer to Nearly Offensive, a brand owned and operated by Auratrade SAS, a company registered in France under number 99006610200015, headquartered at 200 rue de la Croix Nivert, 75015 Paris, France.

Nearly Offensive operates this store and website, including all related content, features, tools, products, and services, in order to provide you, the customer, with a curated shopping experience (the “Services”).

Nearly Offensive is powered by Shopify, which enables us to provide the Services to you, including hosting, payment processing, and secure transactions.

These Terms and Conditions (the “Terms”) describe your rights and responsibilities when you use the Services or purchase products from us. Please read these Terms carefully, as they include important information about your legal rights, including warranty disclaimers, limitations of liability, and consumer protections.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms and by all policies referenced herein, including our Privacy Policy, Refund Policy, and Shipping Policy.

If you do not agree to these Terms or our policies, do not access or use the Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms, you represent that you are at least the age of majority in your jurisdiction or that you have given us consent to allow any minor dependents to use the Services under your supervision.

You may be asked to provide certain information to use the Services, such as your name, email address, billing, and shipping information. You represent and warrant that all information provided is accurate, current, and complete, and that you have all rights necessary to provide it.

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to another person.

We reserve the right to refuse access, terminate accounts, or cancel orders at our discretion.

SECTION 2 - OUR PRODUCTS

We strive to provide accurate information about our products and services. However, colors, dimensions, and appearances may differ slightly from what is shown on your screen due to device settings or lighting conditions.

We do not guarantee that any product’s appearance, quality, or performance will meet your expectations.

All descriptions, specifications, and prices of products are subject to change without notice. We reserve the right to discontinue products or limit quantities offered to any person or region.

SECTION 3 - ORDERS AND CONTRACT FORMATION

When you place an order through our website, you make an offer to purchase the products listed in your cart.

Your order is only accepted once we confirm it by email and process your payment. Until that point, we may decline or cancel your order for any reason, including stock issues, payment failure, or suspicion of fraud.

We must receive and process full payment before your order is accepted. Please review your order carefully before submitting. Once an order has entered production (as all products are made to order), cancellations may no longer be possible.

Orders placed through the Services are intended for personal use only. You may not purchase for commercial resale or export without our written consent.

All purchases are subject to our Refund Policy.

SECTION 4 - TERMS OF SALE

All sales are final once production begins unless otherwise stated under applicable consumer law or our Refund Policy.

Pricing:
Prices are listed in your chosen currency and include VAT for EU/UK customers unless stated otherwise.

Payment:
You agree to provide valid payment details. By submitting payment, you authorize us to charge the amount stated at checkout.

We accept major credit/debit cards, PayPal, and other methods displayed at checkout.

You represent and warrant that:

  • You are authorized to use the payment method provided.

  • The payment information is accurate and complete.

  • You will pay all applicable charges, taxes, and shipping fees.

We may cancel or refuse any order if payment authorization fails, the product is unavailable, or fraud is suspected.

SECTION 5 - SHIPPING AND DELIVERY

We work with trusted production and logistics partners to fulfill all orders. Every product is made to order and shipped directly from the facility nearest to your delivery address whenever possible.

Processing time: 2-5 business days.
Delivery time: Varies by location. See our Shipping Policy for regional estimates.

Delivery estimates are for reference only. We are not responsible for delays caused by carriers, customs, or factors outside our control.

Risk of loss and title pass to you upon delivery to your address or a designated recipient.

If your order is lost or delayed, contact us at WeGotYou@nearlyoffensive.com for assistance.

SECTION 6 - CUSTOMS, DUTIES, AND TAXES

International orders may be subject to customs duties or import taxes upon arrival in your country. These charges are the customer’s responsibility.

We have no control over such fees and cannot predict their amount. If you refuse to pay them, your parcel may be returned or destroyed; we will not issue refunds for such cases.

SECTION 7 - RETURNS AND REFUNDS

All returns and exchanges are handled in accordance with our Refund Policy.

We offer replacements for defective, damaged, or incorrectly fulfilled items, and store credit for eligible returns made within the specified period.

Certain products-such as custom, limited, or clearance items-are non-returnable unless faulty.

SECTION 8 - INTELLECTUAL PROPERTY

All content, trademarks, images, text, logos, graphics, videos, and software on our Services are the intellectual property of Auratrade SAS or its licensors.

You may not reproduce, distribute, modify, or exploit any material from our Services without written consent.

Unauthorized use may violate copyright, trademark, and other applicable laws.

Nearly Offensive and its associated designs and slogans are registered or unregistered trademarks of Auratrade SAS. Shopify’s trademarks and all other names mentioned are the property of their respective owners.

SECTION 9 - THIRD-PARTY TOOLS AND LINKS

We may provide access to third-party tools or content that we neither control nor endorse. Use of third-party services is at your own risk.

We are not responsible for examining or evaluating the content or accuracy of third-party websites or tools, nor are we liable for any damages or losses resulting from your use of them.

You should review any third party’s terms and privacy policy before using their services.

SECTION 10 - RELATIONSHIP WITH SHOPIFY

Nearly Offensive is powered by Shopify, which enables us to provide secure hosting, payment processing, and fulfillment functionality.

All transactions you make through our store are between you and Nearly Offensive. Shopify is not a party to your sale and bears no responsibility for products, refunds, or damages arising from your purchases.

For reference, you may review Shopify’s Terms of Service and Privacy Policy at Shopify.com.

SECTION 11 - FEEDBACK

If you send us feedback, reviews, or suggestions (“Feedback”), you grant us a perpetual, worldwide, royalty-free license to use, reproduce, and publish it for any purpose.

You warrant that your Feedback is accurate, lawful, and does not infringe the rights of any third party.

We may, but are not required to, monitor, edit, or remove Feedback that violates these Terms.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS

We occasionally publish information that may contain typographical errors or inaccuracies, including product descriptions, pricing, promotions, or availability.

We reserve the right to correct any errors and to cancel or amend orders affected by them, without prior notice.

SECTION 13 - PROHIBITED USES

You may use the Services only for lawful purposes. You agree not to:

  • Engage in fraudulent, abusive, or unlawful activity.

  • Violate any local or international laws.

  • Infringe on our intellectual property or that of others.

  • Transmit malware, spam, or harmful code.

  • Collect or track others’ personal information.

  • Circumvent security features or access areas not intended for you.

We reserve the right to suspend or terminate access to any user violating these Terms.

SECTION 14 - TERMINATION

We may terminate or suspend your access to the Services at any time without notice if we believe you have violated these Terms.

Termination does not relieve you of your payment obligations or limit our rights under applicable law.

Sections that by nature should survive termination-such as Intellectual Property, Limitation of Liability, Indemnification, and Governing Law-shall remain in effect.

SECTION 15 - DISCLAIMER OF WARRANTIES

Except as expressly stated by us, all Services and products are provided “as is” and “as available.”

We make no warranties or representations of any kind, express or implied, including merchantability, quality, or fitness for a particular purpose.

We do not guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free.

Certain jurisdictions do not allow exclusion of implied warranties; if those laws apply to you, these exclusions may not apply.

Nothing in these Terms affects your statutory rights, including the legal guarantee of conformity for EU/UK consumers.

SECTION 16 - LIMITATION OF LIABILITY

To the fullest extent permitted by law, Nearly Offensive, Auratrade SAS, Shopify, and all affiliates, employees, and service providers shall not be liable for any direct, indirect, incidental, punitive, or consequential damages, including but not limited to loss of profits, data, or goodwill, arising out of your use of the Services or products.

Our total liability for any claim shall not exceed the total amount paid for the product or service giving rise to the claim.

SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Nearly Offensive, Auratrade SAS, Shopify, and their affiliates, employees, and partners from any claim or demand (including legal fees) arising out of your breach of these Terms or violation of law.

We may assume control of any defense at your expense but will not settle any claim without your consent, unless required by law.

SECTION 18 - SEVERABILITY

If any provision of these Terms is found to be unlawful or unenforceable, that provision shall be limited or removed to the minimum extent necessary, and the remaining provisions shall remain valid.

SECTION 19 - WAIVER AND ENTIRE AGREEMENT

Failure to enforce any provision of these Terms shall not constitute a waiver of that right.

These Terms and all policies referenced herein represent the entire agreement between you and us, superseding all prior agreements or understandings.

Any ambiguity shall not be interpreted against the drafting party.

SECTION 20 - ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without our written consent. We may assign or delegate these Terms freely in connection with a merger, acquisition, or sale of assets.

SECTION 21 - GOVERNING LAW

These Terms are governed by the laws of France. Courts in Paris, France shall have exclusive jurisdiction, except that consumers resident in the EEA/UK may bring proceedings in their home country and benefit from mandatory local protections.

SECTION 22 - CONSUMER RIGHT OF WITHDRAWAL (EEA/UK)

If you are a consumer in the European Economic Area or United Kingdom, you may withdraw from your purchase within 14 days of receiving your order without giving a reason.

Exceptions apply to goods made to order, personalized products, and other exemptions permitted by law.

To exercise this right, contact us at wassup@nearlyoffensive.com within the 14-day period.
You must return the goods within 14 days of notifying us. Refunds will be issued to your original payment method once the goods are received or proof of return is provided.

You are responsible for return shipping unless we agree otherwise.

SECTION 23 - CHANGES TO THESE TERMS

We may update or modify these Terms from time to time. The latest version will always be available on this page.

Significant updates will be communicated in accordance with applicable law. Continued use of our Services after changes are published constitutes acceptance.

SECTION 24 - LEGAL NOTICE AND CONTACT INFORMATION

Auratrade SAS
Trading as Nearly Offensive
Registered in France - SIRET 99006610200015
TVA: FR21990066102
Address: 200 rue de la Croix Nivert, 75015 Paris, France
Customer Support: wassup@nearlyoffensive.com
Business Contact: kristian@auratradesas.com

Questions regarding these Terms should be sent to wassup@nearlyoffensive.com