In order to comply with the rules for making it as convenient as possible for you to access and use the shop portion of this website, we are required to present to you these fantastic....
Terms And Conditions
We assume that you will not only read them thoroughly, but also understand and enjoy them. We also assume that by engaging with this website, or more especially, by entering into anything binding with and through it (like making a purchase) that you are doing so while in a self-responsible state of mind. Failure in this respect constitutes a violation of these Terms and Conditions on your part.
The Binding:
This website is owned and operated by KA Anderson (aka The Lowest of Low, MC Jizzy, The WOB). These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors a most peculiar respite from the general corporate beige-ness of of much of the rest of the World Wide Web, with music, art, video and stuff created and presented for your infinite bewilderment and ultimate pleasure, by Ms. Anderson acting as The Lowest of Low. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.
Your You-ness:
There is no age restriction on the website content itself, although the music and artwork do address the fairly mature and complex themes of life in the 21st Century in a way that does not offend my ideas of what is "appropriate" for young adults (If I'd have to guess, I'd rate it as "PG-13"), and is far more tame than things they'll see as a matter of course pretty much anywhere else.
That said, in order to receive our services in regards to purchases within the online shopping portal, you must be at least 16 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
If you are a parent of an underage child, it is your responsibility to assess and/or restrict your kid's access to this stuff (a personal judgement and responsibility connected with your own parenting style, moral code and ideals) and restrict your kid's access to your credit card info, Paypal password, etc. in the first place, and keep your kid under control when he/she/they accesses the Internet.
Buying Stuff:
When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process. (iii) you are responsible for your own state-of-mind and actions when entering into such a purchase contract.
The prices we charge for using our services / for our products are listed clearly on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.
All About Returns:
Unfortunately, because of the print-on-demand model for our physical goods, the workshop cannot accept returns for wrong sizes or “I changed my mind” or “I wore it once and some dude puked on it”. To minimise disappointment, please take measurements and be sure to request the right size and colour when ordering. A good way (for "wearables") is to measure your most comfortable similar item (lay it on a flat surface to measure it). Compare your measurement with the size chart and pick the best match. Sizes are US standard, and shoe sizes are international (the ones that look like "38" or "45"). Measurements are always more precise than "Small" or "XXXL", which mean vastly different things to different manufacturers. When in doubt, measure. When still in doubt, order the larger of the two choices. You are responsible for ensuring that you order the right product in the right size.
If, however, your parcel gets lost in the post or the item(s) sent out to you are the wrong thing (not what you ordered) or have been damaged or broken in transit, we will ask you to send a photo of the damage (to forward to the workshop) and either refund you in full or send out a replacement, whichever you prefer. This will happen as soon as humanly possible (with banking systems undoubtedly slowing stuff down, as they do), and certainly within 30 days of making an agreement between you and us about how to proceed. In the case of missing parcels, we ask that you wait at least 40 days from from the date you are notified (by email) that your parcel has been shipped, to claim back your loss. If your parcel gets delayed by customs in your country, there is little we can do except wait. But if your parcel is genuinely lost before it is ever delivered to you, we can either refund you in full or send out a replacement, whichever you prefer. This will also happen as soon as humanly possible (allowing for the grinding gears of international banking, their weekends and holidays, etc), and again, certainly within 30 days of making an agreement between you and us about how to proceed.
It’s all very legal and formal, but at the end of the day, I’m one human, you are (presumably) another. We’re trying to buy and sell stuff, and I’m not going to be a corporate piece of crap about it. If there are problems, I’ll take the time to sort them out personally so you will remain happy, even if the world's postal systems try to mess with your happiness in their awful, faceless automated way. No “chat-bots” or other supremely unhelpful 21st century “customer service” gimmicks, just email me about it and I will write back, discuss options and timescales, and do my very best to work wonders. Personally.
OK. Now back to the rest of these corporate hoops.
Change of Service:
We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
Basically, if I die, or get too ill to run the shop portion of the website and fulfil orders, or if I fall into such poverty that I can no longer afford to keep the shop pages hosted, I reserve the right to stop selling stuff. If, in some future incarnation of this site, there’s some kind of subscription service active, and you subscribe to it for money, you’ll be notified beforehand of the change, and payments will be stopped, or you will be asked to stop payments. I don’t see that being a “thing” at this point, but hey, it’s covered and clear now, just in case.
Intellectual Property Rights, etc.
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of KA Anderson (The Lowest of Low/MC Jizzy/The WOB). Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
If you want to share a picture or video to your Facebook or social media, by all means do it, but don't claim it as your own. Say where it comes from. Don't be a thieving little turd or a liar about it. If you wish to license content encountered on this site for commercial purposes, contact me at thelowestoflow@gmx.com and we can discuss it.
Getting Blocked:
We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.
Basically, if there’s a subscription service in the future and you subscribe to it, and you want to unsubscribe to it, just ask and it’ll be cancelled. The same goes for unsubscribing from any mailing lists and other non-paid stuff. I reserve the right to block you from the website if you’re unpleasant and generally dickish. Civility and the recognition of the right for every human to be treated fairly, equitably, without discrimination or hate for any reason, and with common decency and compassion, is very important to me. You will notice that the consistent theme within these Terms is the idea that you are Bound to behave like a responsible, civilized human. The fact that such Terms are now ubiquitous in the modern world speaks volumes about where we are in the trajectory of our present civilisation. The upshot for you is this: If you act like a jerk, (including but not exclusively) by repeatedly send nasty, threatening or ideologically-driven messages, or behave like an entitled little irrational Karen in any direct dealings with the site and/or its owner, you will be blocked. Just be decent. Consider it an exercise in behaving like a civilised being.
Indemnification:
You agree to indemnify and hold KA Anderson (The Lowest of Low, etc.) harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
To the maximum extent permitted by applicable law, in no event shall KA Anderson (The Lowest of Low), be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, KA Anderson (The Lowest of Low) assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
Changing the Terms:
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically, just like when you avidly re-read the Terms and Conditions of every other website you visit and after every major software update your device gets.
When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service. That personal responsibility and considered decision is yours, and remains with you.
Promotional Crap:
By subscribing to any newsletter or to the Bloggismo on-site, you agree to receive from time to time promotional messages and materials from us, by email. If you don't want to receive such promotional materials or notices – please just notify us at any time.
In practice, I don’t send out promotional emails, and I’ve disabled notification of new blog posts. I get so much junk email myself, I don’t want to add to that pile for anyone else. If you do find that you're receiving unwanted garbage from this website somehow (excluding sign-up, order and shipping notifications, which you need to receive) you can write to me at thelowestoflow@gmx.com at any time, and I will personally put a stop to them.
Preference of Law and Dispute Resolution:
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Italy, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in the Province of Siracusa, Sicily, Italy. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
Basically, if for some reason, things got so out of hand that you wanted to sue me, or this website, you are notified that because I’m in Italy, it would happen under Italian law. But please don’t do that. Dialogue and arbitration, anything but court crap, is preferable for resolving any dispute, and we will exhaust every other avenue to resolve whatever kind of weird issue you might decide is court-worthy.
I'm not ENEL or Amazon or Vodafone, or some other corporate giant looking to strip you of rights, happiness or all your money. I'm just a gal selling some clothes and music and presenting my art and life's work for you to enjoy. If you have a problem with it to the point that you want to bring legal action against me, you might want to look at yourself and ask why this stuff triggers you so very much, and why you think it's so important as to waste the time and energy (and your own money) in doing such a thing.
You agree, therefore to the following process: Reflection, then Discourse, then, as a last resort, Arbitration.
Customer support details & contact info:
If you have any problems, questions, need for clarification or need customer support of any kind, please do email us at thelowestoflow@gmx.com .
These terms and conditions were created/updated 21 December, 2020. I hope you’ve enjoyed reading them as much as I've enjoyed having to spend my morning creating them for you.
Be well, friends, and above all, be decent.