ACKNOWLEDGEMENT AND AGREEMENT TO TERMS AND CONDITIONS
The Terms and Conditions contained herein are the exclusive terms and conditions for the sale of products from 123Shirt.com to Customer through 123Shirt.com or any other 123Shirt.com web sites. Customer agrees that the terms and conditions stated herein constitute the final, complete, exclusive expression of the agreement between 123Shirt.com and Customer.
Customer, by submitting any order or request for an order, hereby agrees to the terms and conditions set forth herein and acknowledges that Customer has read and understands the same. In the event that any Customer instruction, request, purchase order or any other information and/or documentation submitted by Customer may contain terms and conditions in addition to or different from the terms and conditions herein, Customer agrees, by so submitting its order or by accepting products from 123Shirt.com, that the language of 123Shirt.com terms and conditions shall solely and exclusively control. Any and all new or additional terms contained on any Customer instruction, request, purchase order or any other information and/or documentation submitted by Customer is hereby expressly and completely rejected. Acceptance of Customer’s order for products from 123Shirt.com is expressly limited to these terms and conditions. By submitting an order, requesting to purchase any product, or taking receipt of 123Shirt.com products, Customer consents to the exclusive jurisdiction of the state and federal courts located in the Commonwealth of Pennsylvania.
ALL SALES ARE FINAL
There are NO REFUNDS, RETURNS or EXCHANGES on any custom decorated products whatsoever. The artwork that you supply is your artwork, we do not warranty or guarantee how any artwork will print or that the products or services we offer will meet your requirements or expectations. We do not warranty fitness for a particular purpose or merchantability.
All orders are final as placed. Once confirmed by the customer, either through verbal authorization, in writing or by electronic transmission, all orders as submitted and processed via the web site, email, phone, fax or mail are final. Any changes requested to be made to an order after confirmation, are made at the sole discretion of 123Shirt.com. Should 123Shirt.com agree to change a confirmed order, the Customer may be charged a $15 change order fee, and most likely these changes also will require a change to be made to the invoiced amount, the production schedule and the completion dates for shipping and production. Again, all of these changes are also made at the sole discretion of 123Shirt.com.
Once confirmed, any errors, inaccuracies or omissions made during the placement and/or production of an order shall be the sole responsibility of the Customer.
No cancellations of orders will be accepted after receipt of confirmation, except with the express written consent of 123Shirt.com. If consent to cancellation is provided by 123Shirt.com, Customer will be invoiced $50 plus the cost of all labor and materials used, changed or provided prior to the consented cancellation notice.
Once confirmed and produced, all invoices for product and services will be charged and billed to the customer regardless of circumstance. If a production error is made and acknowledged by 123Shirt.com in writing, then corrected replacement goods will be provided to the Customer by 123Shirt.com once the goods shipped in error have been returned to the authorized return address supplied.
Customer shall not submit in any form any materials (“Content”) including, but not limited to text, photos, graphics, likeness of a person, product, logotype or any other device or any of combination of these elements incorporated as a design, or part of a design, that is unlawful, vulgar, defamatory, obscene, pornographic, indecent, libelous, tortuous or otherwise objectionable, or invasive of another’s rights, or that would constitute or encourage a criminal offense, or that would otherwise create liability. We will not accept any designs which promote bullying, hate groups, foreign political organizations, terrorist organizations or any radical middle eastern organizations or states promoting the overthrow or destruction of Israel. We will not print caricatures, designs or slogans based on religious themes which may be considered insulting or humiliating to the representatives of ANY religious confessions or groups, or which may qualify as inciting ethnic and/or religious hatred.
COPYRIGHT AND TRADEMARKS
123Shirt.com assumes no responsibility for researching or authenticating the rights held by any Customer to any trademark, as it relates to any design or logo reproduced on behalf of a Customer. Any and all liability for any act of trademark infringement rests with the Customer, and Customer shall indemnify 123Shirt.com against any and all actions resulting from trademark issues.
Customer represents, warrants and guarantees that it is the lawful owner or AUTHORIZED USER of the Content submitted and that the Content does not infringe upon the property rights, intellectual property rights or other rights of others. Customer represents that there are no outstanding disputes in connection with the property rights, intellectual property rights or other rights in the Content or any parts of the Content. In the event that 123Shirt.com is to embroider or imprint at the request of Customer Content provided by the Customer, Customer hereby represents that the Content is being produced with the knowledge and consent of the individual or entity having the rights thereto. Upon request, Customer shall provide written evidence of authority to produce such Content.
Customer agrees to hold 123Shirt.com, its’ owners, officers, directors, employees, agents and licensors (“Decorator”), free and harmless from all liability and indemnify Decorator for any loss, damage, or injury which Decorator may suffer as a result of producing said Content. The obligation of the Customer shall extend to the payment of all judgments, awards, losses, liabilities, costs and expenses, including but not limited to ALL attorney and legal fees, and costs of litigation or other out-of-pocket costs as a result of the reproduction of the “Content” requested by the Customer.
All products ordered from 123Shirt.com, with embroidery or printing applied, include FREE UPS Ground Shipping. FREE SHIPPING is for UPS Ground delivery to addresses in the contiguous continental U.S. NO FREE SHIPPING for international orders. Alaska and Hawaii are NOT included. UPS 2nd & 3rd Day select or Next Day Air are NOT included. Free Shipping is to one address only! UPS does not deliver to APO/FPO addresses.
If you are Military stationed anywere in the world, your order will be shipped FREE using the USPS, to any APO/FPO!!
UPS only guarantees the timeframes for 3-DAY Select, 2nd DAY and NEXT DAY AIR SHIPMENTS. UPS does not deliver on weekends or holidays, unless you pay for Saturday Delivery. UPS GROUND shipping times are business days, not calendar days. UPS Ground delivery dates are NOT GUARANTEED, anything can delay a shipment including weather or any other unforeseen condition! If you need guaranteed delivery dates, you should pay for UPS expedited shipping services.
ORDERING OF BLANK APPAREL & ACCESSORIES
We are not a retail apparel store and as such are not normally in the business of selling blank goods. As an accomodation for samples and such, we do offer for sale blank items at catalog list price plus shipping. Blanks are shipped direct from our closest warehouse to your address. If you decide to place a primary order, which includes embroidery or printing, within 10 days of receipt of the blank items, you may elect to return those items for the express purpose of adding embroidery or printing, at the same time as your primary order is being produced. There will be no return charges or fees for any blank items returned for decoration, AND the original cost that you paid for the blanks, less shipping, will be reduced by any Quantity Discounts that you earn on your primary order.
SAMPLE SIZING PACKS FOR TEAM UNIFORMS
As a courtesy we offer “sample sizing packs” for your team to use for a try-on event. You are charged a SECURITY DEPOSIT for any products you choose, plus you pay the inbound and outbound shipping costs for the sample packs. Sample packs must be returned in good condition with all labels and tags in-tact. Please keep in mind that the SECURITY DEPOSIT is NOT refundable, it is a payment made by you in good faith towards a team uniform order and can ONLY be applied as a CREDIT towards payment of your final team uniform order. There are No Refunds whatsoever for any SECURITY DEPOSITS if you fail to place your team order or return the sample packs in less than brand new condition.
If you decide to return the blank items for any other reason, blank items may be returned for partial credit ONLY within 30 days of your payment. WE WILL NOT ACCEPT ANY RETURNS OR EXCHANGES AFTER 30 DAYS! You must first e-mail us and obtain a return authorization number which must be included with any returned merchandise. ANY shipping costs are NOT refundable. Items must be returned, at your expense, in good condition with all tags, labels and packaging intact. A $4 return handling fee per item, minimum charge of $10; PLUS a 25% restocking charge will be deducted from any amounts due. There are no free exchanges on any blank items if you order the wrong size! All products in our catalogs have detailed size and measurement specifications which you can use to determine the proper size prior to placing an order.
We process shipping orders directly into the UPS WORLDWIDE online shipping network. Once your order is sent to UPS, you will receive an automated notice (by e-mail) directly from UPS QUANTUMVIEW with all the tracking numbers and details for your order. You can track your shipping progress using your tracking numbers at www.ups.com or call UPS at: 1-800-742-5877 If you decide to have your order shipped using UPS NEXT DAY AIR SATURDAY. Someone MUST BE PRESENT TO ACCEPT AND SIGN FOR THE DELIVERY. THIS IS A UPS POLICY!! No Exceptions…
If you accept orders from multiple customers, we will gladly pack & drop ship those items directly to your customers per your instructions. All shipping is done using UPS which provides tracking and receipt information (now required by most credit card companies). We DO NOT use the US Postal Service for any shipping. Should you split-up an order or ship to any address other than your credit card billing address, we charge a Service Charge of $5 for each small package, $8 for every Medium box and $10 for every Large box for packing, handling and processing. There are No Service Charges, if your entire order is shipped to your credit card billing address. UPS shipping costs are based on the number of boxes, size of boxes, weight, insurance, shipping method and delivery location. Actual UPS shipping costs are invoiced separately when your order is completed, packed and weighed. You pay the standard retail shipping rates quoted directly by UPS on-line from ups.com for each delivery location requested. Returned items due to improper address information will be automatically shipped to your credit card billing address at your expense.
Please VERIFY all dimensions of your printing by e-mail. We do not assume or rely on any measurements in artwork files, many times there are no measurements or they are inaccurate based on software variations! You need to specify the overall size of ALL print locations in inches.
Printing on Apparel Fabrics is not the same as printing on paper. For the most part, we are printing on a Shirt (which is more like a woven sponge), apparel fabrics are blends of uneven, woven, flexible, open-fibers with colored dyes, treatments, lint and natural imperfections. Final Digital printed colors are approximate, due to the reaction of treatments and textile inks with these fabrics. We do not warranty or guarantee that prints will be the same from shirt to shirt or item to item. When printing on colored fabrics there will be variations in print color and brightness which is considered normal and customary.
CARE AND WASHING INSTRUCTIONS
All printed products especially shirts should be properly washed before wearing or using for any other purpose. Colored fabrics especially reds, oranges and some shades of blue printed using DTG Digital printing may have a slight discoloration or impression in the shape of a rectangle or square surrounding the print area. This is from the heat curing process reacting with red fabric dyes and is considered normal. This effect is temporary and will dissipate once the items have been washed. Like all embellished garments, shirts or other printed apparel should be washed on Gentle Cycle, in cold water only, without bleach. This will provide maximum durability and colorfastness. DO NOT tumble dry, hang-to-dry only. DO NOT IRON DIRECTLY ON ANY INK PRINT! Washing or rinsing shirts in Warm or Hot water will ruin the ink.
DO NOT MACHINE WASH APPAREL WITH RHINESTONES! It is HIGHLY RECOMMENDED that you HANDWASH ONLY rhinestone garments in COLD WATER! Use very little soap, rinse thoroughly. Hang to dry away from any heat source or direct sunlight. DO NOT USE BLEACH or VINEGAR! Bleach WILL damage rhinestone glue. Treat any stains being careful not to get the chemicals onto the rhinestones. These chemicals WILL damage the glue holding the rhinestones. HANG TO DRY, DO NOT PLACE RHINESTONES IN A HOT DRYER! The heat and tumbling action of the dryer WILL damage the glue and cause your rhinestones to get caught on other items in the load. NEVER IRON or let an iron touch rhinestone areas. The heat WILL melt the glue loosening the rhinestones!
Due to the variations inherent in the processes used in producing screen printed and embroidered designs, 123Shirt.com assumes no responsibility and makes no guarantees regarding exact color matches of product or production, either within an order or in a reorder. Note that like-named colors used by apparel manufacturers are not necessarily an exact shade match.
The method used by DTG™ to print a full range of colors, is referred to as four-color process printing because it uses four primary ink colors called CMYK. We recommend designing ALL Artwork in CMYK PROCESS COLOR format. We recommend Pantone Process Color Palettes only! Review your colors in CMYK to understand the possible variations/color shifts from RGB to CMYK. RGB colors are only used for computer monitors and websites because they are created using light, not ink. Some blues shift to magenta, yellows tint to lime, plus more… RGB & Generic CMYK Colors DO NOT always print accurately!
The most accurate printing will result if your artwork, logos or images are designed using CMYK Pantone™ (PMS) PROCESS color palettes. Pantone™ CMYK PROCESS colors are created using INK. Many popular graphic software programs including Adobe Photoshop™, Adobe Illustrator™, CorelDraw™, Corel Photo-Paint™ have Pantone™ Colors built-in. Not all generic CMYK colors can be printed accurately with DTG ink, make sure you ONLY select Pantone Process Color Palettes as listed without changing variables such as brightness, contrast, hue, tint or other variables. Any changes from the pre-assigned color values may create unexpected results since there is no such thing as brightness or contrast in ink. Ink unlike Light has only one color, so just because you can make changes on a computer monitor or a graphic program, that does not mean those changes will actually print.
REVIEW AND APPROVAL
Once we have your paid order, will prepare and send you a preview of any ADDED text or uploaded clipart. All we need to know is the final size in inches wide for each printing location. We do not send previews of customer supplied artwork. We take no responsibility for the final printed colors, any graphic defects or any other issues with customer supplied artwork.
We prefer not to superimpose text or graphics on a simulated piece of apparel. The reason is this is nothing more than a graphic trick which does not properly or accurately represent scale, color or position. The apparel background images are strictly generic in nature and are NOT representative of the actual apparel, size, style or color you have ordered, they are strictly used for simulation purposes only. If you need to see your layout this way just let us know and we will accomodate you, but understand it is a generic simulation only.
Due to the international nature of apparel manufacturing, we do not warranty or guarantee the consistency, color, texture or appearance of the actual apparel. Apparel fabric colors which are shown online are approximate only and may have variations in color, hue and tone, especially from one size group to another. Fabric colors represented on computer monitors may vary substantially due to variations in computer screens, resolution, color, tone or any other display settings.
When planning your embroidery project, please keep in mind that embroidery is NOT a one to one replacement for printing, patches or heat transfer vinyl lettering. Although embroidery is done with needle and thread, there is a limit to the amount of stitching any fabric can hold. Logos, Text or Artwork in excess of 10,000 stitches may cause slight pulling on the surrounding fabric, especially on very lightweight, stretchy, loose or open weave fabrics such as most T-Shirts, Sweaters, TankTops, Lycra, Spandex, polyester knits/blends, polyester mesh, cashmere, linen, silk, terry cloth or rayon fabrics. The reason is the embroidery thread is heavier, stronger and a tighter density than the surrounding fabric. If your project requires large, dense embroidery, please select heavyweight fabrics such as shirts with an ounce weight higher than 7 ounces OR fabrics with tight weaves including denim, double pique, oxford cloth, poplin, twill, wool, flannel, fleece or microfiber.
All Digitized coding and production files are the property of 123Shirt.com. We DO NOT release any digitizing or coding information to customers for any reason whatsoever. Digitizing files are kept on file for all future orders by customers and can be used at no extra expense only for custom embroidery orders placed and paid through 123Shirt.com.
All orders are paid in full at the time of order placement. We accept payment by Credit Card including: Visa, MasterCard, Discover, American Express and PayPal. Customers can also pay by check or direct Bank to Bank Wire Transfer. We do not offer or accept extended payment terms. We accept properly Authorized and Signed Purchase Orders ONLY from Schools, Colleges and Universities. School Purchase Orders over $2,000 require a 50% deposit prior to starting an order. All school orders processed using PO’s are shipped UPS Ground with a COD balance due on delivery. A Service Fee of $12 is charged for all COD orders.
ERRORS AND RETURNS
Unless a clear production error has been made by 123Shirt.com that is in obvious conflict with the specifications provided on the confirmed production order, no returns of decorated merchandise will be accepted. 123Shirt.com retains the sole and complete discretion to authorize (or refuse to authorize) the return of any product purchased by Customer. Any and all returns must be pre-authorized by 123Shirt.com! This pre-authorization is only complete upon provision of a return authorization number and return shipping address!
WE WILL NOT ACCEPT ANY RETURNS OR EXCHANGES AFTER 30 DAYS!
You must first e-mail us and obtain a return authorization number which must be included with any returned merchandise. ANY shipping costs are NOT refundable. Items must be returned, at your expense, in good condition with all tags, labels and packaging intact. A $4 return handling fee per item, minimum charge of $10; PLUS a 25% restocking charge will be deducted from any amounts due. Customer is responsible for payment of all Setup Charges and/or Digitizing costs, even if those costs were originally included as a Free Promotion Offer.
Any replacement goods requested by the Customer for orders already completed and for which 123Shirt.com does NOT acknowledge a production error will require the Customer to place a new production order with Artrageous Embroidery. No replacement goods will be provided unless 123Shirt.com clearly states so in writing. Further, if a production error is made and acknowledged by 123Shirt.com in writing, then corrected replacement goods will be provided to the Customer once the goods shipped in error have been returned to the authorized return address supplied.
In the case of an order cancellation prior to production, all returns of undecorated product to the mill or distributor from which it was secured (if requested prior to production) will incur a 25% restocking fee (with a minimum restocking fee of $5.00) unless a shipping or inventory error is acknowledged IN WRITING by 123Shirt.com.
All returns must be made as directed by 123Shirt.com. Therefore, Customer shall be required, prior to making any and all returns, to prominently write a Return Authorization Number on the box in which the product is to be returned, along with the proper return shipping address. Again, 123Shirt.com shall provide both the Return Authorization Number and the return address to the Customer prior to ANY return shipment.
The amount charged for the outbound shipping of the product(s) to the Customer is not refundable under any circumstances. The cost of return shipping back to the return address provided by 123Shirt.com (i.e. all return freight and/or delivery charges) is the responsibility of the Customer unless specifically waived IN WRITING and in advance of such return by the Artrageous Embroidery. Returns will only be accepted for goods that have not been worn, washed or altered in any way, and only if the product is in the same new and unblemished condition as when it was shipped.
Further, no returns will be authorized or accepted for any products unless a Return Authorization request is made by the Customer within 24 hours after delivery of the goods to Customer. Defective products must have tape placed over flaw before returning. Refunds will be issued at the invoice price of the returned goods less any restocking fee, and will not include a refund or credit for any shipping charges. All refused and/or unclaimed shipments will be held by 123Shirt.com for new shipping instructions, but no refunds will be provided or credits issued simply because a Customer refuses to accept a shipment of product.
Do not return any merchandise to the 123Shirt.com address listed, without the express permission provided by 123Shirt.com in advance of said return! Any return made to 123Shirt.com, without written pre-authorization will be refused and returned to the Customer. Any returns improperly made will not be forwarded or shipped to the proper return location unless and until any and all shipping fees are paid to 123Shirt.com in advance for this shipment forwarding.
If any of the product styles, colors or sizes ordered by the Customer are not in inventory in any of 123Shirt.com’s warehouses, then 123Shirt.com reserves the right to substitute similar styles, colors or sizes at its sole discretion. 123Shirt.com may substitute any style numbers it deems to be comparable. No refunds will be provided if styles have to be substituted because they are not available from the manufacturer. Customer may not cancel an order simply because a requested style number is not available, this also includes style numbers, colors or sizes which may have been discontinued prior to the customer verifying any and all details of an order.
LIMITATION ON DAMAGES
123Shirt.com will not be liable for any loss of profit, interruption of business or any other special, consequential or incidental damages suffered or sustained by Customer. Any and all damages incurred by Customer (or allegedly incurred by Customer) shall, in any and all cases, be limited to the refund of the purchase price of the product purchased by Customer (provided that all of the terms and conditions herein are satisfied).
Further, by placing an order for products through 123Shirt.com, Customer acknowledges and understands that 123Shirt.com is not the manufacturer of any apparel or accessories purchased by Customer and – that 123Shirt.com’s role is that of an authorized distributor/decorator of the products available for purchase on the 123Shirt.com website. As such, Artrageous Embroidery hereby disclaims all warranties and conditions with regard to any product so purchased, including all implied warranties and conditions of use, merchantability and/or fitness for a particular purpose.
In no event shall 123Shirt.com be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the any product offered for sale on this web site, or otherwise arising out of the use of this site, whether based on contract, tort, negligence, strict liability or otherwise, even if 123Shirt.com has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to the Customer.
CHARGE-BACK FEES AND OTHER BANK FEES
Customer understands and agrees that all products purchased, produced and shipped are considered a final sale for which no refunds will be given or provided except as expressly provided herein. As such, Customer agrees and acknowledges that by purchasing any product from 123Shirt.com, Customer shall be solely responsible for and shall bear (and/or reimburse) 123Shirt.com for any bank fees, charge-back fees, or fees billed or charged to 123Shirt.com from any credit card company, merchant bank or other source of payment that is issued at the request of the Customer outside of the expressly provided methods of return.
Stated another way, should the Customer request a refund or chargeback from any credit card company, merchant bank or other source of payment processor against the purchase of 123Shirt.com products, and should said card company, merchant bank or other payment provider debit any portion of an invoice payment made to 123Shirt.com and thereafter impose any fees to Artrageous Embroidery at the request of said Customer, Customer shall reimburse Artrageous Embroidery for the amount of said charge back fee and the initial purchase amount (the “total amount”). Further, by purchasing any product from 123Shirt.com, Customer expressly authorizes 123Shirt.com to collect the stipulated payment/charges to be made to Customer’s credit card account or checking account (the same being the method of payment presented previously by the Customer) in the amount of said “total amount” plus a twenty-five percent (25%) administrative fee to cover the costs and time involved with this payment re-collection process. Customer acknowledges and agrees that the policy set forth in this paragraph provides for reimbursement to 123Shirt.com for chargeback or bank fees incurred, is fair and reasonable and is not a penalty clause or provision.
Pursuant to the terms and conditions contained herein, if 123Shirt.com receives notice that any credit card charges are disputed, 123Shirt.com will not hesitate to file a Civil Complaint against the Customer for the entire purchase price, PLUS all costs and fees outlined herein above, plus all costs of judgement and collection, including but not limited to attorney’s fees, court costs, filing fees, all credit card fees, service charges or expenses, 1 1/2% interest per month on all unpaid or delinquent amounts or expenses due, whatsoever, in order to collect those amounts owed. Customer agrees to be responsible for all costs as provided herein above.
FRAUDULENT BUSINESS TRANSACTIONS
Notwithstanding the forgoing, 123Shirt.com will withhold providing any goods or services when any credit card transaction is deemed or suspected of being fraudulent. 123Shirt.com does not accept C.O.D. shipments for customer supplied products. 123Shirt.com does not charge additional fees for services not provided, with the intent of then forwarding those fees to a 3rd party. 123Shirt.com reserves the right to require scanned or photo copies of both the front and back of all credit cards. 123Shirt.com reserves the right to require copies of corresponding government issued ID in order to justify or certify a credit card transaction, including verfication of all billing and shipping addresses. 123Shirt.com actively participates with the FBI and various law enforcement agencies to identify, monitor or prosecute such groups, persons or offenders!