OVERVIEW
This website is operated by Morticias (“we”, “us”, “our”). By browsing our site, placing an order, or using any of our products or services, you agree to be bound by these Terms of Service (“Terms”) and our Privacy Policy.
Please read these Terms carefully before placing an order. If you do not agree with any part of these Terms, you may not use this website or place an order.
These Terms apply to all visitors, customers, and other users of the site. We reserve the right to update, change, or replace any part of these Terms at any time by posting updates to this page. Your continued use of the site after any changes constitutes acceptance of those changes.
SECTION 1 — AGE REQUIREMENT
Our catalogue includes adult products, including made-to-order latex garments.
You must be 18 years of age or older to browse, purchase, or use any of our products or services. By placing an order, you confirm that you are at least 18 years old.
To place an order you may be required to create an account. You agree to provide true, accurate, and complete information, and to notify us promptly if your contact or shipping details change.
We reserve the right to refuse service or cancel orders for any reason at any time.
SECTION 2 — ORDERS & CANCELLATIONS
2.1 All orders are subject to acceptance and stock availability.
2.2 Stock items may be cancelled within 24 hours of being placed. After 24 hours, the order is deemed accepted and will be prepared without further contact, except where verification is required.
2.3 Purchases may require further payment authentication (such as a bank authorisation code or proof of billing address). Items will not be shipped until the requested proof has been provided. If these details are not provided within 7 days of request, we reserve the right to void the order and issue a full refund within a further 7 days.
2.4 Where permitted by local law, all refunds are subject to a 5% card processing fee. Alternatively, the amount may be issued as store credit. Card processing fees will not be applied in jurisdictions that prohibit such surcharges.
2.5 We reserve the right to limit or cancel quantities purchased per person, per household, or per order — including orders using the same account, card, or billing/shipping address, and orders we reasonably believe are placed by dealers, resellers, or distributors.
SECTION 3 — BESPOKE & CUSTOM ORDERS (IMPORTANT)
3.1 Bespoke and customisation services are offered at an additional price. Fittings or virtual size confirmations may be required during the process.
3.2 Your measurements, your responsibility. You are responsible for providing accurate and complete measurements and sizing information.
If something doesn’t fit due to incorrect measurements you provided, that is not a manufacturing fault, and the order is not eligible for return, exchange, or free remake.
If the sizing issue is the result of an error on our end, we will happily and promptly fix it for you.
3.3 Approval before production. For custom orders, a design confirmation or sample preview will be provided for your approval. Once you approve the design and production begins, changes may not be accepted, or may incur an additional alteration fee.
3.4 Intellectual property. You retain ownership of any reference images, logos, or source materials you provide for your custom order.
All patterns, paper blocks, bespoke design works and finished garment designs created by Morticias remain the sole intellectual property of Morticias. You receive a personal, non-commercial licence to use the finished custom garment.
We may use photographs of finished custom pieces for our portfolio, marketing and promotional purposes, unless you notify us in writing to opt out.
3.5 Final sale. Custom and bespoke orders are non-returnable and non-refundable, except in the case of a genuine manufacturing fault as set out in Section 6.
3.6 Custom order cancellations. If you change your mind, please contact us within 2 days of placing your order. Once we have begun production on your custom piece, the order cannot be cancelled.
SECTION 4 — PRICING & PAYMENT
4.1 We accept payments in USD / EUR / GBP. Full payment must be received before an order can be accepted and production begins.
4.2 The payment card used must be your own. All cardholders are subject to validation and authorisation by the card issuer. We are not liable for any delay or non-delivery caused by a refused authorisation.
4.3 Prices are stated as shown on the product page. For customers in the EU/UK, applicable VAT may be included at checkout. Customers outside this region are generally not charged VAT at checkout, but may be subject to duties and taxes on delivery.
4.4 Prices are subject to change without notice. We reserve the right to modify or discontinue any product or service at any time.
SECTION 5 — SHIPPING, DUTIES & TAXES
5.1 All items are handmade to order. Our normal guideline is that orders are dispatched within 7–14 working days from the point of credit clearance and address verification. This period may be extended during busy periods, and we will notify you by email of any delay.
5.2 We are not responsible for delays caused by destination customs clearance processes.
5.3 Delivery is made to the shipping address provided at the time of order. If no one is available to sign for the item, it will be held for a further delivery attempt or collection.
5.4 International duties and taxes. International orders may be subject to import duties, additional taxes, or fees imposed by foreign regulatory authorities.
You (the recipient) are responsible for all such duties and taxes, in addition to the product price and delivery cost.
5.5 We have no control over these charges and cannot predict their amount. Please contact your local customs or tax authority before placing an order.
5.6 The recipient is the declarant and importer of record for the destination country, and is responsible for customs clearance and payment of duties and local taxes.
5.7 Orders refused or returned due to non-payment of duties will be liable for any shipping, duties, and holding fees incurred, plus an administrative fee of USD 50 / EUR 50.
5.8 We do not offer refunds solely because the receiver is unwilling to pay customs charges.
SECTION 6 — RETURNS & EXCHANGES
6.1 Stock items may only be returned or exchanged in the case of a genuine manufacturing fault. To qualify:
- The return must be approved by us within 7 working days of delivery;
- The product must be new, unused, with original labels and packaging, and returned within 30 days of purchase;
- Returns must follow our written instructions exactly.
6.2 Intimate / form-fitting garments. For hygiene and public health reasons, latex and other intimate form-fitting garments that have been opened, tried on, or worn are not returnable or exchangeable — even for stock items — unless there is a genuine manufacturing fault.
6.3 If a genuine manufacturing fault is confirmed, we will offer a refund (less outbound shipping costs) via the original payment method, or cover the cost of an exchange shipment.
6.4 We are not responsible for returns rejected by customs or for duties and taxes incurred on return shipments, unless otherwise agreed in writing.
6.5 All returns and exchanges must be requested within 30 days of your order’s arrival. Once a return shipping label is issued, you have 60 days to send the item back. If the item is not returned within this timeframe, the return/exchange request will be cancelled.
SECTION 7 — PROMOTIONAL CODES & SALE ITEMS
7.1 Promotional codes do not apply to custom or bespoke orders.
7.2 All orders using promotional codes, and all sale/discounted items, are final sale — non-returnable and non-refundable — except where required by mandatory local law.
7.3 Welcome discounts are only redeemable against full-price products and cannot be combined with other discounts.
7.4 Only one promotional code may be used per order. Refer-a-friend discounts are not valid on sale items.
SECTION 8 — THIRD-PARTY LINKS & USER CONTENT
8.1 Our site may contain links to third-party websites. We are not responsible for examining or evaluating their content, and we accept no liability for any third-party materials, products, or services.
8.2 Any comments, feedback, photos, or other submissions you send to us may be used, edited, copied, published, or distributed by us in any medium without restriction. You are solely responsible for the content and accuracy of any submissions. You agree your submissions will not violate any third-party rights or contain unlawful or malicious material.
SECTION 9 — PROHIBITED USES
You are prohibited from using the site or its content to:
(a) engage in any unlawful purpose;
(b) solicit others to commit unlawful acts;
(c) violate any applicable regulations or laws;
(d) infringe our or any third party’s intellectual property rights;
(e) harass, abuse, defame, intimidate, or discriminate against others on any basis;
(f) submit false or misleading information;
(g) transmit viruses or any malicious code;
(h) collect or track the personal information of others;
(i) spam, phish, or scrape the site;
(j) use the site for any obscene or immoral purpose in a way that violates applicable law;
(k) interfere with or circumvent the security features of the site.
We reserve the right to terminate your access for any violation of these prohibited uses.
SECTION 10 — DISCLAIMER & LIMITATION OF LIABILITY
10.1 The site and all products and services are provided “as is” and “as available” without any warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
10.2 We do not guarantee that your use of the service will be uninterrupted, timely, secure, or error-free, or that results obtained will be accurate or reliable.
10.3 To the maximum extent permitted by law, Morticias and its directors, officers, employees, affiliates, and suppliers shall not be liable for any indirect, incidental, special, punitive, or consequential damages — including lost profits, lost revenue, or loss of data — arising from your use of the service or any product.
10.4 Because some jurisdictions do not allow the exclusion of consequential or incidental damages, in such jurisdictions our liability shall be limited to the maximum extent permitted by law.
SECTION 11 — INDEMNIFICATION
You agree to indemnify and hold harmless Morticias and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, and employees from any claim or demand — including reasonable attorneys’ fees — arising out of your breach of these Terms or your violation of any law or the rights of a third party.
SECTION 12 — TERMINATION
These Terms remain in effect until terminated by either you or us. If we reasonably determine that you have failed to comply with these Terms, we may terminate this agreement at any time without notice. Obligations and liabilities incurred prior to termination shall survive termination.
SECTION 13 — SEVERABILITY
If any provision of these Terms is held to be unlawful, void, or unenforceable, that provision shall be enforced to the fullest extent permitted by law and shall be severed from these Terms without affecting the validity of the remaining provisions.
SECTION 14 — ENTIRE AGREEMENT & WAIVER
These Terms, together with our Privacy Policy and any policies posted on the site, constitute the entire agreement between you and us. Our failure to exercise or enforce any right shall not constitute a waiver of that right. Any ambiguities in these Terms shall not be construed against the drafting party.
SECTION 15 — GOVERNING LAW
These Terms and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to conflict-of-law principles.
SECTION 16 — CHANGES TO THESE TERMS
We reserve the right to update, change, or replace any part of these Terms at any time by posting changes to this page. It is your responsibility to check this page periodically. Your continued use of the site following any changes constitutes acceptance of those changes.
SECTION 17 — CONTACT INFORMATION
Questions about these Terms of Service should be sent to:
Morticias
Email: [email protected]
Address: 982 50th Street, 1FL, Brooklyn, NY 11219, United States