Terms of service
This website is operated by BD Import International LLC, a limited liability company registered in the State of Georgia, United States. We do business as Cloculture.
For customer correspondence only, you may contact us by mail at: PO Box 620129, Atlanta, GA 30362, United States.
These Terms and Conditions apply to all purchases made through our website, cloculture.store, and to all products sold through the website.
1. About These Terms
1.1 Please note that a product's true color may not exactly match what is shown on your computer or device, or in our marketing, and its packaging may be slightly different.
1.2 To order Products from our website, you must be legally capable of entering into a binding contract with us. In the United States, you must be at least 18 years old or the age of majority in your state.
1.3 By ordering Products through our website, you are deemed to have understood and accepted these Terms.
1.4 We may send you an order acknowledgement email following receipt of your order. This email is confirmation of receipt only and does not constitute acceptance of your order.
1.5 A binding contract between you and us is only formed when we send you a shipment confirmation email.
1.6 We may update these Terms from time to time. The version in effect at the time you place your order will apply to that order.
2. Orders and Acceptance
2.1 All orders placed through our website are offers to purchase, subject to our acceptance.
2.2 We reserve the right to accept, decline, or cancel any order at our sole discretion, including after payment has been processed.
2.3 Reasons for cancellation may include, but are not limited to: suspected fraud, pricing or description errors, product unavailability, violations of these Terms, or inability to verify your identity or payment method.
2.4 If we cancel your order, we will refund any amount charged to your original payment method.
2.5 We may limit or cancel quantities purchased per person, per household, or per order at our sole discretion.
2.6 Taking payment or charging your payment method does not constitute acceptance of your order. Acceptance occurs only upon shipment confirmation, as described in Section 1.5.
3. Pricing and Payment
3.1 All prices on our website are displayed in U.S. Dollars and are exclusive of applicable sales tax and shipping charges, which will be calculated at checkout.
3.2 Prices may change at any time without notice. The price charged will be the price displayed at the time you place your order.
3.3 We make reasonable efforts to ensure pricing and product information is accurate, but errors may occur. If we discover a pricing error after you place an order, we may cancel the order and refund any amount charged.
3.4 Payment must be made in full at the time of order. You authorize us to charge your selected payment method for the total amount of your order.
3.5 Payment processing is handled by Shopify Payments and other third-party providers, each subject to their own terms.
4. Shipping and Delivery
4.1 Shipping and delivery are governed by our Shipping Policy, which is incorporated into these Terms by reference.
4.2 We currently ship within the United States only.
4.3 Delivery times are estimates only and are not guaranteed. We are not responsible for carrier delays, weather, holidays, or other circumstances outside our control.
4.4 Risk of loss and title to Products pass to you upon delivery by the carrier to the shipping address you provided.
4.5 We are not responsible for packages that are lost, stolen, or damaged after the carrier has confirmed delivery.
5. Returns, Refunds, and Exchanges
5.1 Returns, refunds, and exchanges are governed by our Return Policy, which is incorporated into these Terms by reference.
5.2 You have 14 days after receiving your Product to request a return.
5.3 Returned Products must be unworn, unused, in original packaging, with tags attached, and free of stains, odors, or damage.
5.4 We do not offer direct exchanges. To receive a different item, return the original and place a new order.
5.5 Gift cards and final sale items are non-returnable and non-refundable.
6. Resellers, Bots, and Bulk Purchases
6.1 Our Products are intended for personal use by individual consumers.
6.2 You agree that you will not purchase Products for the purpose of commercial resale, including on secondary marketplaces or resale platforms.
6.3 You will not use any automated system, bot, script, crawler, or similar tool to access our website, place orders, or circumvent purchase limits.
6.4 You will not create multiple accounts, use false information, or otherwise evade per-customer or per-household purchase limits.
6.5 You will not engage in coordinated or bulk purchasing intended to exceed the quantities we make available to individual customers.
6.6 We reserve the right to cancel orders, close accounts, refuse service, and reject future orders that violate this section. If we cancel an order before shipment, we will refund any amount charged to your original payment method.
6.7 We may impose per-customer purchase limits on any Product at any time, with or without notice, particularly during limited edition, drop, or capsule releases.
7. Your Account
7.1 If you create an account on our website, you are responsible for keeping your login credentials secure.
7.2 You are responsible for all activity that occurs under your account.
7.3 You agree to provide accurate, current, and complete information during account creation and to update it as needed.
7.4 We may suspend or terminate your account at any time, with or without notice, if we believe you have violated these Terms or engaged in fraudulent, unlawful, or abusive activity.
8. Intellectual Property
8.1 All content on our website, including the Cloculture name, logo, designs, graphics, product photography, text, and videos, is owned by or licensed to BD Import International LLC.
8.2 We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our website for personal, non-commercial purposes.
8.3 You may not copy, reproduce, modify, distribute, or create derivative works from our content without our written permission.
8.4 You may not use our name, logo, or designs in a way that suggests affiliation, sponsorship, or endorsement.
8.5 You may not use our website or its content to train artificial intelligence models or to scrape, harvest, or otherwise extract content.
8.6 Unauthorized use of our intellectual property may result in legal action.
9. User Content
9.1 If you submit reviews, photos, comments, suggestions, or other content to our website (User Content), you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, sublicensable license to use that content.
9.2 We may use User Content in any media for any purpose, including marketing and promotional use.
9.3 You represent that you own or have the necessary rights to any User Content you submit, and that your submission does not violate the rights of any third party.
9.4 We may remove or refuse to publish any User Content at our sole discretion.
10. Prohibited Conduct
10.1 You agree not to use our website for any unlawful purpose or in violation of any applicable laws.
10.2 You agree not to attempt to gain unauthorized access to any part of our website, other accounts, or connected systems.
10.3 You agree not to interfere with, disrupt, or place excessive load on our website or servers.
10.4 You agree not to upload or transmit viruses, malware, or other harmful code.
10.5 You agree not to impersonate any person or entity or misrepresent your affiliation.
10.6 You agree not to harass, threaten, or abuse any Cloculture employee, contractor, or other customer.
10.7 Violation of this section may result in immediate suspension or termination of your account and legal action.
11. Disclaimers
11.1 Our website and all Products are provided "as is" and "as available," without warranties of any kind, express or implied.
11.2 To the fullest extent permitted by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
11.3 We do not warrant that our website will be uninterrupted, secure, error-free, or free of viruses or other harmful components.
11.4 We do not guarantee the accuracy, completeness, or reliability of any content on our website.
12. Limitation of Liability
12.1 To the fullest extent permitted by law, in no event shall BD Import International LLC, Cloculture, or our officers, members, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages.
12.2 This includes lost profits, lost data, or loss of goodwill arising out of or relating to your use of our website or any Products purchased through our website.
12.3 Our total liability to you for all claims arising out of or relating to these Terms shall not exceed the amount you paid to us in the twelve (12) months preceding the event giving rise to the claim, or one hundred dollars (USD $100), whichever is greater.
12.4 Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you.
13. Indemnification
13.1 You agree to indemnify, defend, and hold harmless BD Import International LLC, Cloculture, and our officers, members, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or relating to:
(a) your use of our website;
(b) your violation of these Terms;
(c) your violation of any third-party right;
(d) any User Content you submit.
14. Governing Law
14.1 These Terms and any dispute arising out of or relating to them or our website shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of laws principles.
14.2 Subject to the arbitration provisions in Section 15, any legal action not subject to arbitration shall be brought exclusively in the state or federal courts located in Georgia.
14.3 By using our website, you consent to the personal jurisdiction of those courts.
15. Binding Arbitration and Class Action Waiver
Please read this section carefully. It affects your legal rights.
15.1 Except for disputes that qualify for small claims court, you and Cloculture agree that any dispute, claim, or controversy arising out of or relating to these Terms, our website, or any Products purchased from us (Dispute) shall be resolved through binding individual arbitration.
15.2 Arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.
15.3 The arbitration shall be conducted by a single arbitrator. The seat of arbitration shall be Atlanta, Georgia, or conducted remotely where permitted.
15.4 The arbitrator's decision shall be final and binding.
15.5 You and Cloculture agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding.
15.6 The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.
15.7 Either party may bring a claim in small claims court if the claim qualifies.
15.8 Either party may seek injunctive or other equitable relief in court to protect its intellectual property rights.
15.9 You may opt out of this arbitration agreement by sending written notice to hello@cloculture.store with the subject line "Arbitration Opt-Out" within thirty (30) days of first accepting these Terms.
15.10 Your opt-out notice must include your name, email address used to create your account (if any), and a clear statement that you wish to opt out of arbitration.
15.11 If the class action waiver in this section is found to be unenforceable, then the entirety of this Section 15 shall be null and void, but the remaining provisions of these Terms shall remain in full force.
15.12 For arbitrations initiated by a customer, Cloculture will pay all arbitration fees in excess of the filing fees the customer would pay to commence a lawsuit in court, in accordance with AAA's Consumer Arbitration Rules.
16. Termination
16.1 We may suspend or terminate your access to our website, cancel your orders, or close your account at any time, with or without notice, for any reason, including violation of these Terms.
16.2 Upon termination, your right to use our website will immediately end.
16.3 Sections that by their nature should survive termination (including Sections 8, 11, 12, 13, 14, 15, and 19) will survive.
17. Changes to These Terms
17.1 We may update these Terms from time to time.
17.2 When we do, we will update the "Last updated" date at the top of these Terms.
17.3 If the changes are material, we will provide additional notice, such as by posting a notice on our website or sending you an email.
17.4 Your continued use of our website after changes take effect constitutes your acceptance of the updated Terms.
18. General
18.1 These Terms, together with our Privacy Policy, Shipping Policy, and Return Policy, constitute the entire agreement between you and Cloculture regarding our website.
18.2 If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force.
18.3 Our failure to enforce any provision of these Terms shall not be deemed a waiver of that provision.
18.4 You may not assign or transfer these Terms without our prior written consent. We may assign these Terms to any successor or affiliate without notice.
18.5 We are not responsible for delays or failures to perform caused by events beyond our reasonable control, including natural disasters, pandemics, war, acts of government, labor disputes, carrier delays, or internet or infrastructure outages.
19. Contact
19.1 If you have questions about these Terms, contact us at:
BD Import International LLC
d/b/a Cloculture
PO Box 620129
Atlanta, GA 30362
Email: hello@cloculture.store