Terms of Service

---

---

Agreement to These Terms

These Terms of Service ("Terms") form a binding agreement between you and Surreal Elysium LLC, a limited liability company organised in Ohio, United States ("Surreal Elysium," "we," "us," or "our").

By accessing this site, creating an account, or placing an order, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the site or place an order.

---

Eligibility

You must be at least 18 years old, or the age of majority where you live, to place an order. If you are under 18, you may use the site only with the involvement of a parent or legal guardian, who accepts these Terms on your behalf and is responsible for the order.

You represent that the information you provide is accurate and that you are authorised to use the payment method you submit.

---

Your Account

You are responsible for keeping your account credentials confidential and for all activity that occurs under your account. Tell us immediately if you believe your account has been used without your permission. We may suspend or close an account we reasonably believe has been used fraudulently or in breach of these Terms.

---

Products & Artwork

Our garments carry original artwork drawn by hand. Each piece is produced individually rather than pulled from mass-produced stock, and that has consequences worth stating plainly:

• Colour — screens render colour differently. The garment you receive may not match your display exactly. This is not a defect.
• Print variation — placement, ink saturation, and finish vary slightly between individual pieces. Minor variation is a characteristic of the process, not a fault.
• Fit — our pieces are cut generous by design. We size up in production so each garment sits with the relaxed, slightly oversized silhouette the artwork is made for, and so that normal manufacturing variation falls in your favour rather than against it. Measurements on the size guide are approximate and may vary within normal tolerance. If you prefer a closer, more traditional fit, size down.
• Availability — designs may be produced in limited runs, retired, or altered without notice. We do not guarantee that any piece will be available again.

We work to describe and photograph our products accurately, but we do not warrant that descriptions, images, or other content are error-free.

---

Pricing & Errors

All prices are in US dollars and are exclusive of applicable sales tax, which is calculated at checkout based on your delivery address and shown to you before payment. Shipping is free on all orders. Prices may change at any time before you place an order.

Despite our efforts, a product may occasionally be listed at an incorrect price or with incorrect information. We reserve the right to refuse or cancel any order placed at an incorrect price, whether or not the order has been confirmed and your payment method charged. If we cancel on this basis, we will notify you and issue a full refund.

---

Orders & Acceptance

Your order is an offer to buy, not a completed sale. A confirmation email acknowledges that we received your order; it does not constitute acceptance. The contract is formed only when we dispatch the goods.

We may refuse, limit, or cancel any order for any lawful reason, including suspected fraud, reseller activity, quantity limits on limited releases, errors in pricing or product information, or an inability to fulfil. If we cancel an order you have paid for, we will refund it in full.

Order changes — because production begins quickly, we can only modify or cancel an order before it enters production. Email us as soon as possible and we will do what we can.

---

Production & Shipping Times

Pieces are made to order. Timing runs in two stages:

These are estimates, not guarantees. Delivery windows may extend during launches, holidays, or carrier disruption. Delays caused by carriers or events outside our control are not grounds for cancellation once an order has entered production, though we will always help you track and resolve a delayed shipment.

An incorrect or incomplete shipping address is your responsibility. If a parcel is returned to us as undeliverable for that reason, we will reship it once you cover the reshipment postage, or refund the item price less the postage we paid to send and recover it.

---

Delivery, Title & Risk of Loss

Title and risk of loss pass to you when we hand the goods to the carrier. Once a parcel is in the carrier's hands, delivery is subject to their terms and timelines.

If a parcel is confirmed delivered by the carrier but you did not receive it, contact us and we will help you open a carrier investigation. We are not obliged to replace or refund parcels marked delivered, but we handle these case by case and in good faith.

---

Shipping Destinations

We currently ship to the United States only. We do not accept orders for delivery outside the United States.

Where local law grants you consumer rights that these Terms cannot lawfully restrict, those rights apply regardless of anything stated here.

---

Returns, Exchanges & Defects

Standard Returns

You may return an item within 14 days of delivery for a refund, provided it is:

• Unworn and unwashed, with no signs of wear, odour, or alteration
• In its original condition with all tags attached
• Accompanied by proof of purchase

Email support@surreal-elysium.com within the 14-day window to start a return. Do not send anything back without contacting us first — unauthorised returns may not be refunded.

Return shipping is your responsibility unless the item was defective or we sent the wrong item. We recommend a tracked service; we are not responsible for returns lost in transit. Refunds are issued to the original payment method within a reasonable period after we receive and inspect the item. Because we ship free of charge, there are no outbound shipping charges to withhold — you are refunded the full product price.

Exchanges

Exchanges are handled as a return and a new order. Because pieces are made to order, we cannot hold stock against an incoming return.

Defective or Incorrect Items

If an item arrives damaged, defective, or is not what you ordered, email us within 14 days of delivery with photographs. We will replace it or refund it in full at no cost to you, and we cover the return postage.

Not Eligible for Return

• Items returned after the 14-day window
• Worn, washed, altered, or damaged items
• Items marked final sale at the time of purchase
• Gift cards

Normal variation in print placement, colour, and fit described in Section IV is not a defect.

---

Intellectual Property

Everything on this site is owned by Surreal Elysium LLC or licensed to us, and is protected by copyright, trademark, and other intellectual property laws. This includes, without limitation:

• All original artwork, illustrations, drawings, and graphics appearing on garments or on this site
• All recurring characters, figures, and motifs, including the skeleton figure appearing across our designs
• The Surreal Elysium name, wordmark, logos, and monograms
• All photography, video, copy, poetry, and editorial content
• The design, structure, and presentation of this website

Buying a garment gives you ownership of that physical item. It does not transfer any rights in the artwork printed on it.

You may share photographs of our products on personal social media, and we encourage it. That permission does not extend to commercial use, resale listings that misrepresent the item's condition or origin, or any use suggesting we endorse you.

If you believe your work has been infringed on this site, email us with a description of the work, where it appears, your contact details, and a statement of your good-faith belief that the use is unauthorised.

---

Your Content

If you submit a review, photograph, comment, or other content, or tag us on social media and grant us permission to repost, you grant Surreal Elysium a non-exclusive, worldwide, royalty-free, transferable licence to use, reproduce, adapt, publish, and display that content in connection with our business, including on our site, in email, and in advertising, together with any name or handle attached to it.

You represent that you own or control the rights to anything you submit, that it does not infringe anyone else's rights, and that any identifiable person shown has consented. We may remove any content at our discretion. You may ask us to stop using your content by emailing us, though we cannot recall material already distributed or cached elsewhere.

---

Prohibited Uses

You agree not to:

• Use the site for any unlawful purpose or in breach of these Terms
• Purchase with the intent to resell in a manner that misrepresents the goods, or circumvent quantity limits on limited releases
• Submit false information, use another person's payment method, or engage in fraudulent chargebacks
• Interfere with, probe, or attempt to gain unauthorised access to the site or its systems
• Introduce malware or any code intended to disrupt or damage the site
• Harass, abuse, or threaten our staff, our partners, or other customers
• Use automated systems to access the site except for well-behaved search engine crawlers

---

Third-Party Links & Services

Our site links to and relies on third-party services, including payment processors, production partners, carriers, and social platforms. We do not control them and are not responsible for their content, practices, availability, or conduct. Your dealings with them are governed by their own terms.

---

Disclaimer of Warranties

---

Limitation of Liability

---

Indemnification

You agree to indemnify and hold harmless Surreal Elysium LLC and its owners, employees, and partners from any claim, demand, loss, liability, or expense, including reasonable legal fees, arising out of your breach of these Terms, your misuse of the site, your infringement of any third party's rights, or content you submit.

---

Dispute Resolution & Class Action Waiver

1. Informal Resolution First

Before filing anything, you agree to contact us at support@surreal-elysium.com and describe the dispute. We will do the same for any claim we have against you. Both sides agree to try in good faith to resolve it informally for 60 days. Most problems end here.

2. Binding Arbitration

If informal resolution fails, any dispute arising out of or relating to these Terms, the site, or any product will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The arbitrator's decision is final and may be entered as a judgment in any court of competent jurisdiction.

Arbitration will take place in Ohio, or, at your election, in your home county, by telephone, or on written submissions only. The arbitrator may award any relief a court could award to you individually.

3. Class Action Waiver

You and Surreal Elysium each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate claims or preside over any form of representative proceeding.

If this class action waiver is found unenforceable as to a particular claim, that claim — and only that claim — will proceed in court, and the rest of this section remains in force.

4. Jury Trial Waiver

Both parties waive any right to a jury trial for disputes covered by this section.

5. Exceptions

Either party may bring an individual claim in small claims court if it qualifies. Either party may also seek injunctive relief in court to protect intellectual property rights.

6. Your Right to Opt Out

You may opt out of this entire Section XVIII by emailing support@surreal-elysium.com with the subject line "Arbitration Opt-Out" within 30 days of your first order, including your name and order number. Opting out costs you nothing and will not affect your order, your account, or how we treat you. If you opt out, disputes will be resolved in the courts identified in Section XIX.

7. Time Limit

Any claim must be brought within one year of the date it arose, or it is permanently barred, unless a longer period is required by applicable law.

---

Governing Law

These Terms are governed by the laws of the State of Ohio, United States, without regard to its conflict of laws rules. Where a dispute is not subject to arbitration, you agree to the exclusive jurisdiction of the state and federal courts located in Ohio.

The United Nations Convention on Contracts for the International Sale of Goods does not apply. If you are a consumer resident outside the United States, this clause does not deprive you of the protection of mandatory consumer rules in your country of residence.

---

Changes to These Terms

We may update these Terms from time to time. The "Last Updated" date at the top will change, and material changes will be notified more prominently. The Terms in force when you place an order govern that order. Continuing to use the site after changes take effect means you accept the revised Terms.

---

Termination

We may suspend or terminate your access to the site at any time, without notice, for conduct we reasonably believe breaches these Terms or harms us or another user. Sections that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution — will survive.

---

General Provisions

• Entire agreement — these Terms and our Privacy Policy are the complete agreement between us regarding the site and supersede any prior understanding.
• Severability — if any provision is held unenforceable, it will be limited or removed to the minimum extent necessary and the rest remains in force.
• No waiver — our failure to enforce any provision is not a waiver of it.
• Assignment — you may not assign these Terms. We may assign them in connection with a merger, acquisition, or sale of assets.
• Force majeure — we are not liable for delay or failure caused by events beyond our reasonable control, including supply and carrier disruption, natural events, and labour disputes.
• Headings — section headings are for convenience and do not affect interpretation.

---

Contact

Questions about these Terms, an order, a return, or a dispute: