Terms of Service — Never Below
Last Updated: October 29, 2026 · Effective: at store launch
1. Acceptance of Terms
Plain English: By buying from or using neverbelow.com, you agree to these terms. You must be 18 to buy, or have a parent or guardian's permission.
These Terms of Service (the "Terms") are an agreement between you and Never Below, operated by Victor Avila ("Never Below," "we," "us"), for the use of neverbelow.com (the "Site") and the purchase of our products. If you do not agree, do not use the Site. If you are buying on behalf of someone else, you confirm you are authorized to do so.
2. Description of Service
Plain English: We sell clothing that is printed when you order it. No account is needed — your order-status link is your key.
Never Below sells apparel through the Site. Every item is printed to order by our fulfillment partner after you purchase it; we do not hold finished inventory. You do not need an account to buy or to track an order. We work to keep the Site available and accurate but do not guarantee uninterrupted availability.
3. Orders and Acceptance
Plain English: Your order is an offer to buy. We accept it when we confirm and start making your item. If something's wrong — a pricing error, an item we can't produce — we'll tell you and refund you in full.
Placing an order is an offer to purchase. A contract forms when we send your order confirmation and your item enters production. We may decline or cancel an order — including for suspected fraud or an obvious pricing error — in which case any payment is refunded in full. Product images are rendered previews; because each piece is printed individually, slight variations in color and print placement from the preview are normal and are not defects.
4. Pricing and Payment
Plain English: Prices are in US dollars. Stripe handles your card — we never see the number. Taxes are calculated at checkout. Prices don't go on sale; the price is the price.
All prices are listed in USD. Payment is processed by Stripe through its hosted checkout; we do not receive or store your full card details. Applicable taxes are calculated and shown at checkout before you pay. We may change prices for future orders at any time; the price on your confirmed order never changes. Never Below does not run discount sales; promotional codes, if ever offered, will state their own terms at the time.
5. Shipping, Delivery, and Returns
Plain English: Your piece is made in about 2–5 business days, then shipped. US shipping is $5 under $100 and free at $100+. If we make something wrong — damaged, defective, or not what you ordered — we replace or refund it, free. Because everything is made to order, we can't take returns for wrong size or change of mind.
Shipping and returns are governed by our Shipping & Returns Policy, which is part of these Terms. Delivery dates are estimates, not guarantees. Risk of loss passes to you on delivery to the address you provided; please make sure your address is accurate — we are not responsible for orders delivered to an incorrect address entered at checkout.
6. Intellectual Property
Plain English: The Never Below name, the symbol, and every design on this Site belong to us. Buying a shirt gives you a shirt — not the artwork.
The Never Below name and trademarks, the "N above the line" symbol, all garment designs, artwork, text, and the Site itself are the property of Never Below or its licensors and are protected by intellectual property laws. Your purchase does not transfer any rights in the designs. You may not reproduce, resell as your own designs, or use our marks in a way that suggests affiliation, except as the law allows.
7. Prohibited Uses
Plain English: Don't commit fraud, don't attack the Site, don't scrape it or place orders with stolen payment methods, and don't use our designs commercially.
You agree not to: use the Site for any unlawful purpose; place fraudulent orders or use payment methods you are not authorized to use; attempt to breach, probe, or disrupt the Site's security or infrastructure; scrape or harvest data from the Site by automated means except as search engines are permitted; impersonate any person or business; or use our products or designs to infringe anyone's rights.
8. Privacy and Data Protection
Plain English: Our Privacy Policy explains what we collect and why. In short: order details to make your stuff, email only if you join the list, and no selling your data. Ever.
Your use of the Site is also governed by our Privacy Policy. For EEA/UK visitors, that policy describes our GDPR legal bases and your rights, including complaint to a supervisory authority. For California residents, it describes your CCPA/CPRA rights, including the right to know, delete, correct, and opt out of sale or sharing; we do not sell personal information. Cookie choices are managed through the Site's cookie banner and settings.
9. Disclaimers
Plain English: The Site is provided as-is. We stand behind the physical product through our returns policy; we don't promise the Site will never glitch.
THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. This section does not limit the product remedies in Section 5 and the Shipping & Returns Policy, or any rights that cannot legally be waived. We are not responsible for delays caused by events beyond our reasonable control, including natural disasters, epidemics, government actions, carrier disruptions, or supplier outages (force majeure).
10. Limitation of Liability
Plain English: If something goes wrong, our liability is capped at what you paid us in the past 12 months, and we aren't liable for indirect losses like lost profits. Some places don't allow these limits, so they may not all apply to you.
TO THE FULLEST EXTENT PERMITTED BY LAW, NEVER BELOW'S TOTAL LIABILITY ARISING FROM OR RELATED TO THE SITE OR ANY ORDER WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE CLAIM. WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. Nothing in these Terms excludes liability that cannot be excluded under applicable law, including for fraud or for consumer rights that cannot be waived.
11. Indemnification
Plain English: If your actions — fraud, breaking these terms, infringing someone's rights — get us sued, you cover the cost.
You agree to indemnify and hold harmless Never Below and its operator from claims, damages, and reasonable legal costs arising from your misuse of the Site, your violation of these Terms, or your infringement of a third party's rights.
12. Dispute Resolution
Plain English: Talk to us first — most problems end there. If we can't resolve it, disputes go to individual arbitration in Sonoma County, California, under California law. You can opt out of arbitration within 30 days of your first purchase, and small-claims court is always available.
Governing law: California law. Informal resolution: before filing any claim, contact us at support@neverbelow.com and allow 30 days to resolve it informally. Arbitration: any unresolved dispute will be resolved by binding individual arbitration in Sonoma County, California, administered by a recognized arbitration provider under its consumer rules. Class action waiver: disputes may only be brought individually; class, collective, and representative actions are waived to the fullest extent permitted by law. Opt-out: you may opt out of this arbitration agreement within 30 days of your first purchase by emailing support@neverbelow.com with the subject "Arbitration Opt-Out." Exceptions: either party may use small-claims court, and claims for injunctive relief regarding intellectual property may be brought in court in Sonoma County, California.
13. Termination
Plain English: You can stop using the Site any time. We can block access for fraud or abuse. Orders already confirmed are still honored or refunded.
You may stop using the Site at any time. We may suspend or block access for fraud, abuse, or violation of these Terms. Sections 6, 9–12, and 14 survive termination.
14. Changes to These Terms
Plain English: If we change these terms materially, we'll post the new version and note the date; changes never retroactively change a confirmed order.
We may update these Terms. Material changes will be posted on this page with a new "Last Updated" date, and we will note them prominently on the Site for at least 30 days. The Terms in effect when you placed an order govern that order.
15. General Provisions
Plain English: The whole agreement is here. If one clause fails, the rest stand. You can't transfer your rights; we can transfer ours if the business is sold.
These Terms, the Privacy Policy, and the Shipping & Returns Policy are the entire agreement between us regarding the Site. If any provision is held unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver. You may not assign your rights; we may assign ours in connection with a sale or reorganization of the business. Headings are for convenience only.
16. Contact
- Support & legal notices: support@neverbelow.com
- Operator: Never Below, operated by Victor Avila, Santa Rosa, California.