1. Seller
The company that publishes this website, identified in our legal notice (the "Seller"). Contact: [email protected].
2. Scope
These terms govern all sales between the Seller and any customer buying for the purposes of its business, organization, club, school or nonprofit (the "Customer"). Products are not sold to consumers for personal use. Placing an order means accepting these terms, which prevail over any purchase order terms of the Customer unless otherwise agreed in writing.
3. Quotes and digital proofs
Prices shown on the website are estimates. Every order is based on a written quote and a digital proof, both provided free of charge. A quote is valid for 30 days. Once approved in writing by the Customer, the digital proof is the sole production reference for size, colors, text, logos and finishes.
The Customer is solely responsible for the spelling, text and artwork it approves on the proof.
4. Orders
An order becomes binding when the Seller receives the Customer's written approval of the proof and the quote [and the X% deposit, to be completed]. The minimum order is 50 pieces per design. Any change requested after approval may require a new proof, a new price and a new production date.
5. Prices, taxes and payment
Prices are quoted in US dollars and exclude shipping, applicable sales or use taxes, tariffs and import duties unless the quote states otherwise. The final quote confirms the delivered price. Tax-exempt customers must provide a valid exemption certificate before invoicing. [Payment terms to be completed: deposit, balance before shipment, accepted payment methods, purchase orders from schools and public bodies.]
[Late payment interest to be decided with counsel, e.g. 1.5% per month or the maximum rate permitted by law, whichever is lower.] The Seller may suspend production or shipment of any order while an invoice is overdue.
6. Production and tolerances
Scarves are made to order according to the approved proof. The Customer accepts the tolerances inherent in textile manufacturing:
- Colors: slight variations may occur between the screen, the proof and the finished product, and between production runs.
- Size: a tolerance of ±5% applies.
- Quantity: a tolerance of ±3% on the delivered quantity is standard in textile production; the Customer is invoiced for the quantity actually delivered.
Variations within these tolerances are not defects.
7. Lead times and delivery
Lead times are estimates that run from approval of the proof [and receipt of the deposit] and are confirmed on the quote. A reasonable delay does not entitle the Customer to cancel the order or claim damages, unless the Seller has confirmed a firm in-hands date in writing. The Customer inspects packages on delivery and notes any damage with the carrier.
8. Claims
Any claim that products do not match the approved proof must be made in writing, with photos, within 8 days of delivery. If a defect is confirmed, the Seller will, at its option, replace the defective pieces or issue a credit. Custom products cannot be returned or exchanged for any other reason.
9. Warranty and limitation of liability
The Seller warrants that products will conform to the approved proof within the tolerances above. EXCEPT FOR THIS WARRANTY, PRODUCTS ARE PROVIDED "AS IS" AND THE SELLER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE EXTENT PERMITTED BY LAW.
The Seller's total liability for any order is limited to the price paid for that order. The Seller is not liable for indirect, incidental or consequential damages, including lost profits or lost sales.
10. Intellectual property
The Customer warrants that it holds the rights to the logos, trademarks, text and images it provides, including any required licenses for school, college, league or team marks, and agrees to indemnify the Seller against any third-party claim relating to them. The Seller may refuse any order that reproduces protected marks without authorization.
11. Personal information
Customer information is handled in accordance with our privacy policy.
12. Governing law and disputes
[To be completed with counsel: governing law and competent courts.] The parties will first try to resolve any dispute amicably.