Terms of service

1. Who we are and what you are agreeing to

These Terms of Service (the "Terms") are a binding agreement between you and Asian American Girl Club, Inc., a Delaware corporation with its principal place of business in Los Angeles, California ("AAGC," "we," "us," "our"). They govern your use of shop.asianamericangirlclub.com and any purchase you make through it (the "Shop").

By browsing the Shop, creating an account, or placing an order, you accept these Terms. If you do not agree, please do not use the Shop.

Other policies that are part of this agreement. Our Returns and Refunds Policy and our Privacy Policy are incorporated into these Terms by reference. Please read the Returns and Refunds Policy before you order, because our pieces are made to order and all sales are final.

Shopify's role. The Shop runs on Shopify, operated by Shopify Inc., and payments are processed by Shopify and its payment partners rather than by us. Your use of the platform and the checkout is also subject to Shopify's own terms and privacy policy. Where Shopify controls a function, including payment processing and the security of checkout, Shopify's terms govern that function, and these Terms govern our relationship with you as the seller.

Our other spaces. These Terms cover the Shop. Our main website, our Substack, our podcast, and our community platform have their own terms.

2. Eligibility and your account

Age. You must be at least 18 to place an order. If you are under 18, you may use the Shop only with the involvement of a parent or legal guardian, who is responsible for the order.

Accurate information. You agree to give accurate and complete shipping, billing, and contact information. We are not responsible for an order that goes astray because of an address error you made, and reshipping in that case is at your cost.

Your account. If you create an account, you are responsible for what happens under it and for keeping your login details to yourself. Tell us promptly if you think someone else has access.

We may decline or limit an order. We reserve the right to refuse or cancel any order, and to limit quantities per person, per household, or per order. We may do this for suspected resale, suspected fraud, pricing or listing errors, or stock constraints. If we cancel an order you already paid for, we will refund that order in full to your original payment method.

3. Products, pricing, and availability

Made to order. Most of our pieces are produced after you order them. That is why all sales are final, and it is also why fulfillment takes longer than it would from a warehouse. Estimated production and shipping times are on the product page.

Natural variation. Printed and embroidered pieces have small differences in placement, sizing, and color from one unit to the next. That is a normal part of how these are made and is not a defect.

Colors on your screen. We photograph and describe our products as accurately as we can, but screens render color differently. We cannot guarantee that what you see on your device matches the piece exactly.

Descriptions and errors. We do our best to keep product descriptions, sizing information, and prices accurate, and we do not warrant that every detail is error free. If a product is listed at an incorrect price or with an incorrect description, we may cancel the order even after you have received a confirmation, and we will refund you in full.

Pricing and availability. Prices are in U.S. dollars and may change without notice. Products may be limited, seasonal, or discontinued at any time, and we are not obligated to restock anything.

Sizing. Every product page includes a size guide. Because we cannot offer exchanges, please check the guide for the specific piece before ordering, and email us if you want help choosing.

4. Orders, payment, and final sale

When a sale happens. Your order is an offer to buy. We accept it when we send you a shipping confirmation, not when you receive the order confirmation email. Until then we may decline the order for the reasons in Section 2.

Payment. Payment is taken at checkout through Shopify and its payment partners. By submitting an order you confirm you are authorized to use the payment method. We do not receive or store your full card number.

Taxes. Sales tax is calculated at checkout where applicable and added to your total.

ALL SALES ARE FINAL. Because every piece is made to order, we do not accept returns or exchanges and we do not issue refunds. If your order arrives damaged, defective, or incorrect, contact us within 7 days of delivery and we will issue store credit as described in our Returns and Refunds Policy. Please read that policy before you order.

Changes and cancellations. We can only change or cancel an order within 2 hours of it being placed, because production starts quickly. This includes size changes and address corrections.

International orders. Customs duties, import taxes, and brokerage fees charged by your country are not included in your total and are your responsibility. We cannot mark a package as a gift or declare a lower value.

5. Shipping and delivery

Timing. Production and shipping estimates on the product page are estimates, not guarantees. Made-to-order production, carrier delays, holidays, and weather all affect timing, and we are not liable for a delay outside our control.

Risk of loss. Title and risk of loss pass to you when the carrier takes possession of your package. Once it is with the carrier, delivery is in their hands.

If something goes wrong in transit. If tracking shows delivered and you do not have the package, or tracking has not moved in 10 business days, email us and we will help you open a carrier claim. Our Returns and Refunds Policy has the details and the timeframes.

Undeliverable packages. If a package is returned to us as undeliverable because of an incorrect or incomplete address, we will contact you, and reshipping is at your cost.

6. Discount codes, gift cards, and store credit

Discount codes. Promotional codes are for personal, non-commercial use, cannot be combined unless we say so, cannot be applied retroactively to an order already placed, and may be changed or ended at any time. We may void a code and cancel the related order if it is obtained or used in a way we did not intend, including bulk use or resale of codes.

Gift cards. Gift cards are issued for the amount purchased, are redeemable only at the Shop, and are not redeemable for cash except where state law requires it. Treat a gift card like cash. We are not able to replace one that is lost or stolen, and we are not responsible if someone else uses a code you shared.

Store credit. Store credit we issue under the Returns and Refunds Policy is applied as a code at checkout, covers the item price rather than shipping, and is not redeemable for cash or transferable.

Promotions and giveaways. Contests, giveaways, and limited promotions may carry their own rules, which apply in addition to these Terms.

7. Our brand and content, and yours

Ours. Everything on the Shop, including product designs, graphics, artwork, photography, copy, and page layout, is owned by AAGC or our licensors and protected by copyright and other intellectual property laws. "Asian American Girl Club," "AAGC," "Undefinable," "AAGC Originals," and our logos and visual identity are our trademarks. You may not use them without our prior written permission, including in any way that suggests sponsorship, endorsement, or affiliation we have not given.

What you may do with what you buy. When you buy a piece, you own that physical item. You do not acquire any right in the design on it. You may not reproduce our designs, make your own version of them, or sell, resell, or produce merchandise using them. Buying a tee is not a license to print the artwork.

Reselling. Our products are for personal use. We may decline or cancel orders that appear to be for resale.

Content you post or tag us in. If you post a review, photo, or video on the Shop, or tag us or use our hashtags on social media, you grant AAGC a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, display, adapt, and distribute that content in connection with AAGC and our products, including on our site, our social channels, our newsletter, and in marketing. We will credit you by your handle where we can. If you want something taken down, email us and we will remove it going forward, though copies already published elsewhere may persist.

Your promises about what you post. You confirm that the content is yours to share, that anyone recognizable in it has agreed to appear, and that it does not infringe anyone's rights. Please do not post content featuring someone else's child without that parent's permission.

Honest reviews only. Reviews should reflect real experience with a product. We do not create, buy, solicit under false pretenses, or edit reviews to change their meaning, and we remove reviews we believe are fabricated or incentivized without disclosure.

Feedback. If you send us product ideas or suggestions, we may use them without restriction or compensation.

8. Prohibited uses

When using the Shop, do not:

• use it for any unlawful purpose, or to solicit anyone else to do something unlawful
• submit false information, use someone else's payment method, or commit fraud
• scrape, crawl, harvest, or copy the Shop, its product data, its images, or its customer content by automated means
• use our content or product images to train, fine-tune, or develop any machine learning or artificial intelligence model
• upload or transmit viruses, malware, or anything designed to interfere with the Shop
• attempt to probe, scan, or bypass the security of the Shop or Shopify's systems
• harass, abuse, defame, or discriminate against anyone, including our team
• impersonate AAGC, our team, or another customer
• interfere with another person's use of the Shop

We may suspend or terminate your access for violating this section.

9. Disclaimers, limitation of liability, and indemnification

Disclaimer of warranties. The Shop and our products are provided "as is" and "as available." To the fullest extent permitted by law, AAGC disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty that the Shop will be uninterrupted, secure, or error free. Some jurisdictions do not allow the exclusion of certain warranties, so parts of this paragraph may not apply to you, and nothing here affects any non-waivable warranty rights you have under consumer protection law.

Care and use. Follow the care instructions on the garment. We are not liable for damage caused by washing, drying, or altering a piece against those instructions, or for any allergic reaction or skin sensitivity to a fabric or print. If you have a known sensitivity, check the material listed on the product page before ordering.

Platform and third parties. The Shop depends on Shopify, payment processors, print and fulfillment partners, and shipping carriers. We are not liable for interruption, data loss, payment failure, production delay, or delivery failure caused by any of them.

Limitation of liability. To the fullest extent permitted by law, AAGC and its officers, directors, employees, and contractors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits or lost data, arising out of or related to the Shop, our products, or these Terms, whether based in contract, tort, negligence, strict liability, or any other theory, even if we were advised of the possibility.

Liability cap. To the fullest extent permitted by law, our total aggregate liability for all claims arising out of or related to the Shop or these Terms will not exceed the greater of the amount you paid us for the order giving rise to the claim, or fifty U.S. dollars ($50).

Exclusions. Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for fraud, gross negligence, willful misconduct, or death or personal injury caused by negligence.

Indemnification. You agree to indemnify, defend, and hold harmless AAGC and its officers, directors, employees, and contractors from any claim, loss, liability, or expense, including reasonable attorneys' fees, arising out of content you post, your breach of these Terms, your violation of any law or third party right, or your unauthorized use or reproduction of our designs.

10. Dispute resolution and governing law

Please read this section carefully. It affects how disputes are resolved and limits your right to sue in court or join a class action.

Talk to us first. Before starting any formal proceeding, email asianamericangirlclub@gmail.com with the subject line "Dispute Notice," describing the problem and what you want. We will do the same for a dispute we have with you. Both sides agree to try in good faith to resolve it informally for 60 days from when the notice is received. This is a precondition to arbitration.

Binding arbitration. If we cannot resolve it informally, you and AAGC agree that any dispute arising out of or relating to the Shop, our products, or these Terms will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules, before one arbitrator, in Los Angeles County, California, or by remote hearing at your election. A court, not the arbitrator, decides whether the class action waiver below is enforceable. The Federal Arbitration Act governs this section.

Arbitration costs. For claims under $10,000, we will pay the JAMS filing, administration, and arbitrator fees if you completed the informal resolution step, unless the arbitrator finds the claim frivolous.

Class action waiver. You and AAGC may bring claims against each other only individually, not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate claims or preside over a class proceeding. If this waiver is unenforceable as to a particular claim, that claim alone proceeds in court and the rest of this section still applies to everything else.

Small claims and injunctive relief. Either of us may bring an individual action in small claims court if it qualifies, and either may seek injunctive relief in court to stop infringement or misuse of intellectual property.

Your right to opt out. You may opt out of this arbitration agreement by emailing asianamericangirlclub@gmail.com with the subject line "Arbitration Opt-Out" within 30 days of your first order, including your name and order number. Opting out does not affect the rest of these Terms and will not affect your ability to order from us.

Governing law. These Terms are governed by the laws of the State of California, without regard to conflict of laws rules. For anything not subject to arbitration, you and AAGC consent to the exclusive jurisdiction of the state and federal courts in Los Angeles County, California.

Time limit. Any claim arising out of or related to the Shop or these Terms must be brought within one year after it arises, except where applicable law prohibits a shortened limitations period.

11. Changes, general terms, and contact

Changes to these Terms. We may update these Terms. The version in effect when you place an order is the one that applies to that order. We will post updates with a new effective date, and continuing to use the Shop after that date means you accept them.

Termination. We may suspend or end your access to the Shop at any time for a violation of these Terms. Sections 7, 9, 10, and 11 survive.

Severability. If any provision is held unenforceable, it is limited or removed to the minimum extent necessary and the rest stays in force.

No waiver. If we do not enforce a provision, that is not a waiver of our right to enforce it later.

Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, financing, or sale of assets.

Force majeure. Neither party is liable for a delay or failure to perform caused by events beyond its reasonable control.

Entire agreement. These Terms, with our Returns and Refunds Policy and Privacy Policy, are the entire agreement between you and AAGC regarding the Shop.

Contact.

Asian American Girl Club, Inc.
asianamericangirlclub@gmail.com
Los Angeles, California