TERMS & CONDITIONS / TERMS OF USE

TERMS & CONDITIONS – TERMS OF USE

 

 

Last Updated: November 20, 2025


Welcome to Lucky Bastards. These Terms & Conditions (the “Terms”) form the foundation of a transparent, secure, and engaging experience across our entire ecosystem — including our Website, user community, storytelling platform, shop, and affiliated services. By accessing https://luckybastards.co or using any part of the Lucky Bastards universe, you agree to these Terms. Please read them carefully before using Our Service.

 

 

1. INTRODUCTION

 

Lucky Bastards is operated by Blooming Heroes, a French company headquartered at 9 rue des Colonnes, 75002 Paris (“the Company”, “Lucky Bastards”, “We”, “Us”, “Our”). These Terms & Conditions (“Terms”, “Terms of Use”, “Agreement”) constitute a legally binding agreement between you (“You”, “User”) and the Company. These Terms govern access to and use of the Lucky Bastards website, services, features, products, user-generated content (UGC) functionalities, e-commerce services, dropshipping services, affiliation services, posting of stories, audio/video content, and any other related services (collectively, the “Service”).

 

By accessing or using the Service, You acknowledge that You have read, understood, and agreed to be bound by these Terms. If You do not agree, You must stop accessing and using the Service.

 

The Service is intended for Users aged 18 or older.

 

 

2. INTERPRETATION AND DEFINITIONS

 

INTERPRETATION

The words whose initial letters are capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

 

DEFINITIONS

For the purposes of these Terms and Conditions:

  • Account means a unique account created for You to access our Service or parts of our Service.
  • Affiliate Partners means third parties offering goods or services promoted on the Service.
  • Company (referred to as either “the Company”, “Lucky Bastards”, “We”, “Us” or “Our” in this Agreement) refers to Blooming Heroes, 9 rue des Colonnes, 75002 Paris, France.
  • Content refers to any text, images, videos, audio, links, data, or materials posted, submitted, uploaded, or otherwise made available.
  • User-Generated Content (UGC) refers to Content submitted by Users including stories, posts, comments, audio, video, and images.
  • Country refers to the location of the Company’s legal establishment (France), without prejudice to mandatory local laws applicable to Users.
  • DSA means Digital Services Act applicable to EU-based digital platforms.
  • Feedback means feedback, innovations, ideas, or suggestions sent by You regarding the attributes, performance or features of our Service.
  • Goods means physical or digital products available for purchase.
  • Orders mean a request by You to purchase Goods from Us.
  • Processing refers to any operation performed on personal data as defined under the GDPR.
  • Service refers to the Lucky Bastards website and all features, including UGC, e-commerce, and affiliation.
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Users refers to any natural person or legal entity accessing, visiting, browsing, registering an Account on, interacting with, or otherwise using the Website or any of the Services, whether or not they create an Account, post User-Generated Content, or make purchases.
  • Website refers to Lucky Bastards, accessible from https://luckybastards.co/

 

 

3. ACKOWLEDGMENT

 

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

 

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

 

 

4. LEGAL FRAMEWORK & INTERNATIONAL SCOPE

 

Lucky Bastards operates globally and serves Users worldwide. These Terms are governed by:

  • Applicable international digital commerce principles;
  • French law as governing law of the platform
  • EU law, including:
    • GDPR (General Data Protection Regulation — EU 2016/679),
    • Digital Services Act (EU 2022/2065),
    • Consumer Rights Directive (EU 2011/83),
    • E-commerce Directive (EU 2000/31/EC);
  • UK law (Consumer Rights Act 2015, UK GDPR)
  • Applicable U.S. laws where necessary, including DMCA (17 U.S.C. §512) for copyright notices.

 

Where mandatory local laws apply, they take precedence.

 

 

5. ACCOUNT CREATION AND SECURITY

 

When You create an account with Us, You must provide Us information that is accurate, truthful, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

 

You are responsible for maintaining the confidentiality of Your login credentials and safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

 

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

 

We reserve the right to suspend or terminate accounts violating these Terms.

 

 

6. USER-GENERATED CONTENT (UGC)

 

6.1. User Rights & License

Our Service allows You to post UGC. By posting UGC to the Service, You retain ownership but grant Us the right and a worldwide, non-exclusive, royalty-free, irrevocable, sub-licensable, and transferable license to use, modify, adapt, publish, publicly perform, publicly display, reproduce, store, distribute and make available such UGC.

This license exists to operate and promote the Service.

 

6.1bis. Additional UGC license – Adaptations, Commercial Derivatives & Waiver of Moral Rights

To the maximum extent permitted by applicable law (including French intellectual property law), by submitting UGC, You expressly:

  • authorize Lucky Bastards to adapt, transform, translate, edit, reformat, create derivative works (including films, books, podcasts, documentaries, merchandising, and any commercial adaptations) based on Your UGC;
  • authorize Lucky Bastards to exploit such derivative works worldwide without further approval, notice, or compensation;
  • waive, to the fullest extent legally possible, moral rights including rights of attribution and integrity.

Nothing in this clause diminishes Your legal protections where moral rights cannot be waived under certain jurisdictions (including France). However, You recognize that Lucky Bastards may adapt or commercially exploit Your UGC, even in forms materially different from the original.

 

6.1ter. Prohibited Use of Other Users’ Content

Users may not copy, reproduce, adapt, distribute, publish, scrape, archive, or create derivative works based on UGC submitted by other Users. Any such use is strictly prohibited unless expressly authorized in writing by Lucky Bastards. Unauthorized commercial use of another User’s UGC may result in account termination and legal action.

 

6.2. User Responsibility

You are solely responsible for the legality, accuracy, reliability and appropriateness of all UGC You submit.

You represent and warrant that:

  • You own or control rights to the UGC;
  • UGC does not violate privacy, copyright, trademark, or any third-party rights;
  • UGC complies with applicable laws and these Terms.

 

6.3. Prohibited UGC

Prohibited content includes (without limitation):

  • Illegal content;
  • Hate speech, incitement, discrimination;
  • Pornographic or sexually explicit content involving minors;
  • Defamatory, fraudulent, misleading content;
  • Malware, malicious code;
  • Violations of intellectual property rights.

 

6.4. Moderation (DSA Compliance)

Under the Digital Services Act, Lucky Bastards complies with:

  • A Notice & Action mechanism for reporting illegal content;
  • Transparent moderation procedures;
  • Cooperation with authorities when mandated.

UGC may be removed or restricted at Our discretion.

 

6.5. Content Backups

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data. You agree to maintain a complete and accurate copy of any Content in a location independent of the Service. The Company is not liable for any loss of Content.

 

6.6. Feedback & Suggestions

You assign all rights, title and interest in any Feedback or suggestions You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

 

 

7. E-COMMERCE TERMS (SHOP)

 

7.1. Orders

Placing an order constitutes an offer to purchase Goods. We reserve the right to accept or refuse orders.

By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete. By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

 

7.2. Delivery Policy

 

7.2.1. Production and Fulfillment

All our products are manufactured on demand, direcly by Us or by our suppliers. Production times vary depending on product type and location.

 

7.2.2. Shipping Times

Estimated delivery time after production:

  • Europe: 5–12 business days
  • USA & Canada: 5–12 business days
  • Worldwide: 7–20 business days

 

7.2.3. Delays

Lucky Bastards is not liable for delays caused by:

  • Carriers
  • Customs clearance
  • Peak seasons
  • Global events
  • Weather disruptions
  • Supplier production delays

No refunds or compensations are issued for delays outside our control.

 

7.2.4. Non-Receipt After Carrier Confirms Delivery

If a carrier marks a parcel as delivered but You report non-receipt:

  • You must open a claim with the carrier
  • Lucky Bastards cannot offer replacements or refunds for “delivered” tracking statuses
  • A police report may be required in suspected theft cases

 

7.3. Third-Party Suppliers

Lucky Bastards may use third-party suppliers (eg. Dropshipping). Therefore:

  • Products may ship from different locations;
  • Delivery times, packaging, and quality may vary depending on the supplier;
  • You may receive multiple packages for a single order;
  • Lucky Bastards is not responsible for delays, customs, or supply chain disruptions.

 

7.4. Product Images & Variations, Typographical Errors

Due to print-on-demand and supplier-specific processes or any other reason:

  • Colors, dimensions, and textures may vary slightly from images;
  • Such variations do not constitute defects.

In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or other payment account in the amount of the charge.

 

7.5. Availability, Errors and Inaccuracies

We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

 

7.6. Order Cancellation

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

  • Goods availability
  • Errors in the description or prices for Goods
  • Errors in Your Order

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.

 

7.7. Returns & Refunds

Because our goods are produced on demand, the conditions below apply strictly and without exception.

 

7.7.1. No Returns of Physical Goods

We do not accept any physical returns, except where required by law or as specified in section 7.7.2.

We will not accept returns nor refund based on reasons including but not limited to:

  • Customer dissatisfaction
  • Size issues
  • Change of mind
  • Incorrect selection
  • Unwanted gifts
  • Products damaged after delivery

You must not send any product back to any return address printed on the packaging or provided by carriers. Any unauthorized returns will not be processed. If required, we will inform You where and when to return Goods.

 

7.7.2. Cases Eligible for Replacement or Refund

A replacement or refund may be granted only in the following situations:

  • The product received is defective
  • The product has a manufacturing error
  • The product has an obvious printing error
  • The product arrives damaged
  • A wrong item was delivered

In all cases, photo evidence is mandatory.

 

7.7.3. Evidence required

You must submit:

  • A clear photo of the defective/damaged area
  • A photo of the entire product
  • A photo of the packaging label (if applicable)
  • The order number
  • A detailed description of the issue

Without photographic evidence, no refund or replacement can be issued.

Claims must be submitted within 7 days of delivery.

 

7.7.4. Non-Eligible Cases (Strict Exclusions)

The following situations do not qualify for refunds, replacements, or credit:

  • Loss or theft after confirmed delivery
  • Wrong size ordered
  • Change of mind
  • Buyer’s remorse
  • Slight variations in color due to screen/device differences
  • Slight variations inherent to POD manufacturing
  • General dissatisfaction not linked to a defect
  • Delayed delivery caused by carriers or customs

 

7.7.5. Resolution Process

Once You provide the required evidence:

  1. We treat the claim internally or open a claim with our relevant supplier (if applicable)
  2. When applicable, the supplier reviews and approves or denies the claim
  3. If approved, one of the following remedies will be offered:
    • A free replacement (standard remedy)
    • A refund to the original payment method
    • Store credit (if applicable)
  4. Physical Return may be required in some circumstances. If so, we will inform You about the process to follow. Physical returns will be at Your own expenses.

 

7.7.6. Notification of Refunds

We reserve the right not to issue automated notifications and you will receive confirmation from us at our sole discretion.

 

7.7.7. Right of Withdrawal (EU Law)

Under Article L221-28 of the French Consumer Code and equivalent EU legislation:

The 14-day right of withdrawal does not apply to goods made to the consumer’s specifications or clearly personalized.

Since all Lucky Bastards products are made-to-order POD items, the right of withdrawal does not apply.

 

7.7.8. Contact

For all claims, contact us at:
📩 shop@luckybastards.co

Claims submitted elsewhere (social media, comments, etc.) will not be processed.

 

7.8. Pricing & Payments

 

Prices Policy

The Company reserves the right to revise its prices at any time prior to accepting an Order. The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, or any other matter beyond the control of the Company, in respect with local legislations. In that event, You will have the right to cancel Your Order.

 

Payments

All Goods purchased are subject to a one-time payment. Payments are processed via trusted third-party gateways and can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example). Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order. You authorize Lucky Bastards to charge Your payment method.

 

 

8. AFFILIATE PROGRAM & THIRD-PARTY SERVICES

 

Lucky Bastards may promote third-party products or services.

 

You acknowledge that:

  • We may receive commissions from affiliate links;
  • We do not control or guarantee third-party content or offerings;
  • You must read third-party terms and conditions before purchasing.

 

 

9. INTELLECTUAL PROPERTY (IP)

 

All materials on the Service (except UGC), features and functionalities are and will remain the exclusive property of Lucky Bastards or licensed third parties. The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

 

You may not, without prior written consent:

  • Copy, reproduce, modify, distribute, or display any content;
  • Use trademarks or branding assets.

 

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person. If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at contact@luckybastards.co and include in Your notice a detailed description of the alleged infringement.

 

 

10. DMCA NOTICE (U.S. COMPLIANCE)

 

If You believe Your copyrighted work has been infringed, You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
  2. A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
  3. Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
  4. Your address, telephone number, and email address.
  5. A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  6. A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

 

You can contact our copyright agent via email at contact@luckybastards.co.

 

Your notice must comply with 17 U.S.C. §512(c)(3).

 

We may remove allegedly infringing material at Our discretion.

 

Lucky Bastards may terminate the accounts of repeat infringers.

 

 

11. RESTRICTIONS ON USE

 

Users shall not:

  • Reverse-engineer or decompile the Service;
  • Use the Service for fraudulent or unlawful purposes;
  • Resell or commercially exploit the Service without authorization;
  • Interfere with the Service’s operation or security.

 

 

12. PRIVACY & DATA PROTECTION (GDPR)

 

Our Privacy Policy explains how We collect, process, store, and protect personal data.

 

Lucky Bastards ensures:

  • Lawful basis for processing;
  • Data minimization;
  • User rights (access, rectification, deletion, portability);
  • Secure storage and transfers.

 

 

13. NOTICE & ACTION MECHANISM (DSA)

 

You may report illegal or harmful content via:
legal@luckybastards.co

 

Reports must include:

  • URL of the content;
  • Description of the issue;
  • Contact information.

 

Lucky Bastards will handle and process notices diligently and transparently, and reserves the right to remove, restrict, or block access to any content deemed illegal or contrary to these Terms.

 

Users whose content is restricted or removed may request a statement of reasons and may contest the decision by emailing legal@luckybastards.co.

 

 

14. TERMINATION

 

We may suspend or terminate accounts at any time for:

  • Violations of these Terms;
  • Illegal activity;
  • Abuse or misuse of the Service.

 

Upon termination, Your rights to use the Service cease immediately.

 

 

15. DISCLAIMERS

 

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. We do not guarantee: Accuracy of User Content or third-party information; Availability without interruption; Error-free operation; Compatibility with all devices.To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

 

Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

 

 

16. LIMITATION OF LIABILITY

 

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall shall not exceed the amount You paid for Goods in the last 12 months. To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

 

 

17. INDEMNIFICATION

 

You agree to indemnify Lucky Bastards against claims arising from:

  • Your UGC;
  • Your breach of these Terms;
  • Your violation of any rights of third parties.

 

 

18. GOVERNING LAW & DISPUTE RESOLUTION

 

The laws of the Country (France), excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

 

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

 

If a dispute cannot be resolved informally, it will be subject to the exclusive jurisdiction of courts located in Paris, France.

 

 

19. SEVERABILITY AND WAIVER

 

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

 

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

 

 

20. CHANGES TO THESE TERMS

 

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

 

 

21. CONTACT

 

For legal inquiries or notices:
Email: legal@luckybastards.co

 

For privacy-related requests, please consult Our Privacy Policy.

 

 

By using Lucky Bastards, You agree to these Terms.

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