Terms of service
Pholoh Terms of Service
Last Updated: August 4, 2026
These Terms of Service ("Terms") are a binding agreement between you and Pholoh LLC, a California limited liability company located at 1013 Vineyard Drive, Oakley, CA 94561 ("Pholoh", "we", "us", or "our"). They govern your access to and use of our websites, including pholoh.us and pholoh.com, and every purchase you make from us (together, the "Services").
Please read Section 16 carefully. It requires most disputes to be resolved by individual binding arbitration and waives your right to participate in a class action. You may opt out within 30 days.
By accessing the Services or placing an order, you agree to these Terms. If you do not agree, do not use the Services.
1. Official Channels
We sell only through pholoh.us and pholoh.com, and through official accounts we operate on third-party marketplaces we name on our site. Any other website, storefront, or social account using the Pholoh name or marks is not affiliated with us. We are not responsible for orders placed, payments made, or products purchased through unauthorized sellers, and we cannot service, replace, refund, or authenticate them.
2. Eligibility
You must be at least 18 years old, or the age of majority where you live, to place an order. If you are between 13 and 18, you may use the Services only with the involvement of a parent or legal guardian who agrees to these Terms on your behalf. The Services are not directed to children under 13.
3. Your Account
If you create an account, you are responsible for keeping your credentials confidential and for all activity under your account. Provide accurate, current information and keep it updated. Tell us immediately at info@pholoh.com if you believe your account has been compromised. We may suspend or close an account that we reasonably believe has been used to violate these Terms.
4. Orders and Acceptance
Your order is an offer to buy. It is not accepted, and no contract is formed, until we ship the items in that order. An order confirmation email confirms that we received your order; it is not acceptance.
We may decline, limit, or cancel any order, in whole or in part, at any time before shipment. Reasons include product unavailability, errors in pricing or product information, suspected fraud, suspected reseller or automated activity, a prior chargeback or policy violation, or an address we cannot ship to. If we cancel an order you have already paid for, we refund that amount in full to the original payment method.
Once an order enters fulfillment, we may not be able to modify or cancel it. Contact info@pholoh.com as soon as possible and we will do what we can.
5. Product Descriptions, Colors, and Availability
We work hard to describe our products accurately, but we do not warrant that descriptions, images, measurements, or other content are complete or error-free. Screen settings affect how colors appear, and garments are subject to normal manufacturing tolerance in fit and finish. Products are offered subject to availability and may be limited in quantity or discontinued at any time.
6. Pricing and Errors
All prices are in U.S. dollars unless stated otherwise and may change at any time before you place an order. Prices exclude shipping, taxes, and, where applicable, duties, all of which are shown at checkout.
Occasionally a product may be listed at an incorrect price or with incorrect information because of a typographical, system, or third-party error. We reserve the right to cancel any order placed at an incorrect price, even after the order is confirmed and payment is taken, and to refund you in full. We are not obligated to honor an obviously erroneous price.
7. Payment
By submitting an order you authorize us to charge your selected payment method for the full order total. You represent that you are authorized to use that payment method. Payment is processed by third-party providers under their own terms. If a payment is declined, reversed, or fails after we ship, we may suspend fulfillment of that and any other order and pursue the amount owed.
8. Promotions, Discounts, and Store Credit
- No stacking. Discount codes, bundles, and automatic promotions cannot be combined. One discount, deal, or bundle applies per order.
- Promotional codes, including free-item and 100%-off codes, do not combine with gift-with-purchase or other free-gift offers.
- Promotions are not applied retroactively to orders already placed and have no cash value.
- We may end, modify, or limit a promotion at any time, and may cancel orders that use a code in a way it was not intended, obtained from an unauthorized source, or applied through error or manipulation.
- Store credit is issued in U.S. dollars, is redeemable only at pholoh.us and pholoh.com, is not transferable, and is not redeemable for cash except where required by law. Store credit does not expire.
9. Limited Releases and Fair Access
Some products are released in limited quantities. To keep releases fair, we may impose per-customer, per-household, per-address, or per-payment-method purchase limits, and we may cancel orders that exceed them.
You may not use bots, scripts, automated checkout tools, multiple or false accounts, falsified addresses, or any other means designed to obtain more than your fair share of a release or to circumvent purchase limits. We may cancel any order and close any account we reasonably believe was involved, and we may do so after the order is placed or paid.
10. Shipping, Title, and Risk of Loss
Shipping estimates, rates, duties, and our handling of lost or undeliverable parcels are described in our Shipping Policy, which is incorporated into these Terms. Delivery estimates are estimates, not guarantees.
Title and risk of loss pass to you when we tender the parcel to the carrier, as further described in the Shipping Policy.
11. Returns and Exchanges
Returns, exchanges, final-sale items, inspection, and deductions are governed by our Return & Exchange Policy, which is incorporated into these Terms. Please read it before ordering, as some items are final sale.
12. Chargebacks
If you believe a charge is incorrect, contact info@pholoh.com first and allow us five business days to respond before disputing it with your bank or card issuer. Filing a chargeback without contacting us, or after a refund has already been issued, is a breach of these Terms and our Return & Exchange Policy, and may result in a permanent ban and recovery of the disputed amount and associated fees.
13. Intellectual Property
The Services and everything in them — including the Pholoh name and logos, product designs, graphics, artwork, photography, video, copy, and the arrangement of the site — are owned by Pholoh or our licensors and are protected by copyright, trademark, and other laws.
We grant you a limited, personal, non-exclusive, non-transferable, revocable license to view and use the Services to shop with us. You may not copy, reproduce, modify, distribute, publicly display, scrape, data-mine, reverse engineer, or create derivative works from any part of the Services, or use our marks or designs on any product, listing, storefront, or advertisement, without our prior written permission.
Some products reference third-party properties under license. Nothing in these Terms transfers any rights in those properties to you.
14. Content You Submit
If you post, tag, or send us content — including photos, videos, reviews, or messages — you keep ownership of it, and you grant Pholoh a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to use, reproduce, adapt, publish, and display that content in connection with our products, marketing, and the Services, in any media, without further notice or compensation.
You represent that you own or control the rights to content you submit, that it does not infringe anyone's rights, and that everyone identifiable in it has consented. We may remove any content at our discretion. Separate written agreements with ambassadors, creators, or partners control where they conflict with this section.
15. Prohibited Conduct
You agree not to: use the Services unlawfully or fraudulently; resell our products as new, authentic, or authorized without our written permission; produce or sell counterfeits or derivative goods using our designs or marks; interfere with or place undue load on the Services; attempt to gain unauthorized access to any account or system; harass our staff or other customers; or use the Services in a way that violates these Terms.
16. Dispute Resolution, Arbitration, and Class Action Waiver
Read this section carefully. It affects your legal rights.
(a) Informal resolution first. Before starting arbitration, you agree to email info@pholoh.com describing the dispute and the relief you want, and to give us 30 days to resolve it. This step is a condition of starting arbitration.
(b) Binding arbitration. If we cannot resolve it, you and Pholoh agree that any dispute arising out of or relating to these Terms, the Services, or any purchase will be resolved by final and binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules, rather than in court. The arbitration will be conducted in Contra Costa County, California, or by videoconference or on documents at your election. The arbitrator decides all issues except that a court decides the enforceability of subsection (c).
(c) Class action waiver. You and Pholoh 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 or preside over any form of representative proceeding. If this subsection is found unenforceable as to a particular claim, that claim proceeds in court and the rest of this Section 16 still applies to all other claims.
(d) Coordinated filings. If 25 or more similar arbitration demands are filed by or with the assistance of the same counsel or coordinated entity, the parties will follow the administrator's mass-arbitration or batching procedures, and the resulting batches will be resolved in sequence.
(e) Small claims. Either party may bring an individual claim in small claims court if it qualifies.
(f) Your right to opt out. You may opt out of this Section 16 by emailing info@pholoh.com with the subject line "Arbitration Opt-Out", your name, and the email address on your account, within 30 days of your first purchase or of the date these Terms are posted, whichever is later. Opting out does not affect any other part of these Terms and will not affect your account or your orders.
(g) Time limit. Any claim must be brought within one year after it arises, or it is permanently barred, to the extent the law allows.
17. Governing Law and Venue
These Terms and any dispute arising from them are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Where a claim is not subject to arbitration under Section 16, you and Pholoh consent to the exclusive jurisdiction and venue of the state and federal courts located in Contra Costa County, California. Nothing in this section deprives you of the protection of mandatory consumer-protection laws of the country in which you reside.
18. Disclaimer of Warranties
Except where prohibited by law, the Services and products are provided "as is" and "as available", and we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted, secure, or error-free. Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you. This section does not limit any rights you have that cannot be waived by law.
19. Limitation of Liability
To the fullest extent permitted by law, Pholoh and its members, officers, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill, arising out of or relating to the Services or any purchase, whether based in contract, tort, or any other theory, even if advised of the possibility of such damages.
Our total aggregate liability for any claim relating to a purchase is limited to the amount you paid for the product giving rise to the claim. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.
20. Indemnification
You agree to indemnify and hold harmless Pholoh and its members, officers, employees, and agents from any claims, damages, liabilities, and reasonable legal fees arising out of your breach of these Terms, your misuse of the Services, or content you submit.
21. Force Majeure
We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including carrier and postal delays, customs actions, labor disputes, supply-chain or manufacturing disruption, natural disaster, outage, or government action.
22. Marketing Communications
By providing your email address or mobile number, or by opting in at checkout or through a signup form, you consent to receive marketing messages from us, which may be sent using automated technology. Consent is not a condition of purchase. Message and data rates may apply. You can unsubscribe from email at any time using the link in any email, and stop text messages by replying STOP. We will still send transactional messages about your orders. See our Privacy Policy for how we handle your information.
23. Third-Party Links
The Services may link to third-party sites we do not control. We are not responsible for their content, products, or practices, and a link is not an endorsement. Your use of those sites is at your own risk and governed by their terms.
24. Changes to These Terms
We may update these Terms at any time by posting a revised version with a new "Last Updated" date. Changes apply going forward. The version in effect at the time of your purchase governs that purchase. Continuing to use the Services after we post changes means you accept them.
25. General
These Terms, together with our Shipping Policy, Return & Exchange Policy, and Privacy Policy, are the entire agreement between you and Pholoh regarding the Services, and supersede any prior agreements on that subject. If any provision is found unenforceable, it is modified to the minimum extent necessary or severed, and the rest remains in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets. Section headings are for convenience only.
26. Contact
Pholoh LLC
1013 Vineyard Drive, Oakley, CA 94561, United States
info@pholoh.com
