The Agreement (collectively, the “User Agreement”) governs your use of the site and the Arcada Apparel service, and is utilized as a wholly restrictive accordance between customer and firm. By using this site, you have acceded in acquiescence to the legal constraints and other conditions shown, and explicitly detailed, in this agreement, both including policies, minutia and future amendments (collectively, the “User Agreement”). We ask you to carefully read our User Agreement and follow by it. If you fail to fully comply with these terms and conditions, you are requested to not use our website whatsoever.
2. MODIFICATION OF AGREEMENT
The “User Agreement” may be vulnerable to change that could be defined as refinements and additions of information, both of which warrant notice. Since we cannot assure our User Agreement will remain the same, we agree when a revision has been completed, the new version will be posted on our website.
3. BINDING BUSINESSES
Our custom apparel service has been established to produce high-quality personalized or customized garments to viable small businesses, student group, marching bands, independent individuals, sports teams, and generally, an institution. As a company, we will take our own discretionary precaution to reserve our service to suspicious sole actors who claim to have a tie with a business that has been ruled out to be a “duplicitous,” “perverse” or “nonacceding” entity. We have the commonplace expectation that the connection presented maintains a relationship with you, but corroboration through substantial evidence is always necessary to give us the confidence to believe you have full authority to complete your order under than name, which may be within the description of being a: fraternal organization, institution of learning, honor society, a congenial institution; corporation and small business; elementary school and secondary school; or other organizations, to create and purchase custom apparel.
Fulfilling (completing) your order on behalf of that business, entity or institution, coaxingly inclines us to suppose you have full authority (primarily permission) to bind that business, and by accepting this Agreement, the business has concurred to the policies of the User Agreement.
4. ORDER SUBMISSIONS
Arcada Apparel has the sole discretion to reserve our service to the production of products that contain references Arcada Apparel considers defamatory, libelous, profane, atrocious, or generally, ribald, either inadvertently or intentionally, used for reprehensible purposes, which may be to abase someone or to violate against the intellectual property rights of an establishment. Recognizing you may have the urge to request references to these mightily intolerable cues for disapproval, the rejection clemency alters by the state, matter, and general purpose associated with the reason these products bear the appropriateness to be produced. The decision to create a “flagrant,” or “detestable” order is rejected immediately, unless it has been sufficiently verified, by the actor in question, that there is legitimate rationale to request such items, only by the provision of evidence, proof, or argumentative defense, that will support the claim the production of such products is permitted.
5. LIMITS ON LIABILITY
We explicitly specify, and hope you expressly understand, arcada apparel and its affiliates, distributors or vendors, will not be liable to you for any incidental, consequential, special, indirect or punitive damages, including, but not limited to, loss of profit, loss of data, severe business harm, or any other damages arising from our website — otherwise then caused by a theory of liability.
Some jurisdictions alter by state: the permit of limitations or exclusions of liability for damages and exclusions of certain warranties. The previous limitation summary may not apply to you.
By fastidiously heeding our limits on liability, you affirm that you comprehend, in good conscience, our restrictions on liability, and therefore ensure to not submit any gratuitous claims seeking to refute the gravity of our statement on liability because of the presence of this section.
6. DISCLAIMER OF IMPLIED WARRANTIES
you agree and expressly understand, your use of our service is at your own risk. the composition of our website, which includes graphics, icons, texts, logos, and artwork, becomes provided to you on an “as is”, “as available” basis to any flaws. therefore, the composition of our website does not not warrant full accuracy, to also, but not limited to, title or non-infringement or implied warranty. some jurisdictions do not allow the exclusion or limitation of implied warranties. the previous summary may not apply to you.
7. DISCLOSURE OF CUSTOMER Information
Arcada Apparel is firmly protects its customers’ information with exceedingly sound security precautions. If there would be, in any case, an internal fraud or security breach, we will, in suitable and rapid response, undertake the assurance that your private information is not compromised by employing devised security measures and emergency measures. As a contingency plan, we will immediately ensure our database is with the protection of stable security in any perilous event, which may pose as a data breach.
8. CONDITIONS OF USE
You agree to not do the following as conditions of use:
1. Report issues of third party products to the third party.
2. Violate laws by using our service.
3. Use our service to create harmful, unlawful, threatening, harassing, or vulgar products intended for another person.
4. Transmit harmful worms or viruses of catastrophic significance (if possible).
5. Violate local laws by using our service.
6. Create materials violating patents, trademarks, copyrights, or other proprietary rights of third parties.
9. INTELLECTUAL PROPERTY RIGHTS OF ARCADA APPAREL AND THIRD Parties
The names of actual companies and products mentioned herein are trademarks or service marks of their respective owner. The text, graphics, logos, and illustrations (collectively the “contents”), including, but not limited to, the design, coordination, and arrangement of the contents, are either copyrights, trademarks, or trade dress, which may be intellectual property controlled, licensed, or owned by Arcada Apparel.
If you believe the intellectual property utilized on our website may be violating certain legal parameters established by its rightful proprietor and therefore, it infringes, don’t hesitate to contact us. As you go about doing so, you are sternly requested to not contact us extemporaneously; to be prepared, ensure you’re knowledgeable on the location of the infringed material, and your claim includes your written belief that we utilized their intellectual property reprehensibly, along with your postal address, e-mail address, and phone number. To conveniently submit your claim, e-mail us at firstname.lastname@example.org.
10. CUSTOM APPAREL
The production of custom apparel depends on efficient, rapid submissions, coherent, explicit instruction, and above all, the understanding of our policies. Among a multitude of policies, we acutely persist in retaining an austere quantitative constraint to put into our confidence the desired expeditious and errorless production of orders. By doing so, we accomplish the aforementioned outcome and promote viable transactions that will give rise to quick yet high-quality results. To earnestly assure this, we have instituted a dictate, or requirement, such as our quantity minimum, which states that each approvable order must include 15 items (not products) before reaching the quantity maximum, which is 480 items. To have the prevention of not ambiguously stating the details of our stringent policies set forth, we will also explicitly affirm that this requirement cannot be fulfilled by the accumulated quantity of your order, but only satisfied by the actuality that by each individual product incorporated into your order has fulfilled these dictates autonomously. If you do not comply with our policies, the rejection of your order submission is not only probable, but guaranteed, unless evidence corroborates the actor’s supposition their purchase bears the acceptability of proceeding.
At your own sole discretion, you may choose as many garments as you like from our sundry product offerings, while keeping in mind our stringent restrictions, one of them being that each order is warranted disapproval if and only if the entirety of the order exceeds the 5 product variations maximum. For the efficiency of creating your order, we retain this policy in order to necessitate the confidence of an expeditious and flawless production, and to assure the integrity of the order. Due to limitations of our Online Store (I.C.E. Online Store), our website may permit you to choose more than 5 product variations; if you choose to pick more than 5, we will reject your order. If you choose 5 products, and if you are utilizing your own motifs, you will have to render approvable designs, or logos, that correspond to the size of the specific placement.
If you choose to cancel your order for any reason, you must fill out our “Cancellation Form” on our website before your period to cancel ends 1 day immediately after your order submission (only permitted to cancel after 1 day after your order submission). After we have received your submission, all arrangements correlated to your order will be permanently canceled. When doing so, we will notify you of this revocation, and also disclose the procedures of receiving the potential refund. If your e-mail does not contend to mention any information concerning the refund, please know this means we have, without any prior warning, sent your check by mail. If you had no remembrance of this austere policy and wish to cancel, you will have to acquiesceingly proceed with the production of your order.
*In order to cancel your current order, fill out the form, which will only be accepted in the one day stint succeeding the order’s approval, on our website.
We require all of the submissions of artwork from you to be in length less than 15 inches and in a width less than 13 inches that is in 300 mega pixels (the overall design, not including the background). To ensure your design bears the viability required to deliver on the quality expectations, we demand that, if you are using your own design/logo, you heed the minutiae of this policy fastidiously. If you elect have us produce your custom apparel with your own artwork, you must send us your artwork in the measurements it will be printed as (15″ x 13″ or below for the numerous designs). In consideration to creating an aesthetic, clear, clarifying print, we will be charging $26.00 for orders bearing original motifs. When you choose to use your own logo (artwork/design), please send your image by e-mail to our e-mail address email@example.com immediately after receiving your order confirmation e-mail, while including critical identifiable information, such as your name and contact information, so we do not mistakenly associate the artwork with another customer. When submitting the logo, make sure it’s the ACCURATE design you want to be printed onto the placements you’ve chosen it to be on. We are not in any way responsible for the erroneous production of items if you have not adequately gone about this with unequivocal instructions. In addition to this policy, please understand once you submit the design we will not be held liable for the discrepancies that were self-inflicted. If you submit this design with attributes that are as such that it would make it quixotic to produce, we will reject your order unless there are other alternatives known. If there are, we will not reject your order, but make a few requests before proceeding.
The Satisfaction Guarantee affirms our confidence in the quality of our products. The Satisfaction Guarantee, which is applicable to all orders regardless of quantity, wholly ensured the products are not exceeding in vast expectations, but are concurringly satisfactory to both Arcada Apparel, and the customer. If a lack of satisfaction manifest in the customer, we are entitled to dispute this with retorts regarding its satisfactory nature, whether it includes its quality, appearance, but not lack thereof. If the deliberation of a compensation resulting from dissatisfaction is warranted, as you may suppose it is, email us at firstname.lastname@example.org so apposite arrangements are made to dispute this and resolve it.
ENUMERATION OF CHARGES AND FEES
Augmentative Motif Color Charge #1 (Front) & #2 (Back) – This serves to supplement, through defrayal, the imprint application and the labor costs of producing a new motif, or design, or simply, imprint with the degree of quality you expect for each and every color of the motif that is submitted (by you), or produced (by us). The value of this charge is only determined by the amount of colors in a motif that is requested for in the order, which are then all subject to incremental $3.00 increases. If not defrayed for, we may reject or revoke certain privileges of your order altogether.
Name or Number Addition – This serves to defray for additional labor costs, and motif, or design, or artwork formatting expenses that will arise with the application of separate name or number imprints. If not defrayed for upon request to produce name or number imprints, your order may be rejected altogether.
Design Crafting Charge – If you have made a request for Arcada Apparel to produce your motif, you must defray for this charge so labor costs will be fulfilled, and we can format the artwork so the production of the motif is not worrisome. If not defrayed for upon the request to incorporate this artwork into an imprint, we may reject your order altogether.
2XL-4XL Supplemental Charge – Due to the exorbitance that comes coupled with the selection of 2XL to 4XL sized products that are more laborious to produce, we reserve the right to append any charges, should they be warranted, to each product if these sizes are requested for. If this is not defrayed for, we will notify you that the cost of the products haven’t been sufficiently paid, and then, upon doing so, disclose the steps that must be completed for pay for the residual pecuniary amount.
11. RETURN POLICY
Arcada Apparel strongly endeavors to prevent the nuisance of mishaps and errors to prolong the prestige of our service. Unfortunately, certain circumstances concerning poor handling or shipping cannot be afforded a prevention as these services are performed by third-party vendors who are not managed by Arcada Apparel. if you would find that your high expectations were not fulfilled, thus making you ungratified, by the outcome of the final product when it arrives at its destination, you are greatly advised to report and make known your dissatisfaction if and only if it concerns the following: (a) the design is inaccurate (misspelled names, etc…); (b) the garment(s) itself is materially defaulted; (c) the decorations including color, texture, and brand are incorrect from your order submission. If any of these reasons have been ascertained to be valid, we will refund your payment at once. Other possibly frivolous reasons for such limited return abilities are considered unacceptable for returning.
*In order to return your order, you must e-mail us at email@example.com about your flawed product, then we’ll e-mail you the minutiae on the shipping information and refunding information. When composing the e-mail, don’t forget to include your name (first and last), your order information (in the invoice), and reason of returning. Once we receive your e-mail, then we will send you an e-mail on the details. When we receive your refunded items, we will refund you without any prior notice (only if we receive it at its estimated time to arrive, which would have to be sent 1 day after you receive the e-mail). NOTE: For organization purposes, and quick, attentive response, we ask you to please label your e-mail “Return Product”. After you have received the e-mail, send your returning products a day after. If you try to return the products after 1 day, we will not accept it, and send it back IF WE DECIDE TO (YOUR SOLE RISK TO RETURN).
12. THIRD PARTIES – Extension
The third parties mentioned or displayed on our website, are not endorsing, partnering with Arcada Apparel, or promoting our service in any way. The accessibility to their products is provided to us by vendors and distributors that we have selected and partnered with. As it would be in accordance with the dictates of the third party’s intellectual property, we do not in any way “extend” their service by having their title on our website, and nor are they endorsing their products on our website.
We would expressly mention, any disputes, issues, or problems with their products produced by the use of our service should be reported to us, not to be in any way intruding/involving the issue with the third party.
13. FREE SHIPPING
Our free shipping standard offering applies to all orders exempt from applicable regulations (deemed by Arcada Apparel). Unless applicable to conspicuous regulations, all orders receive standard FREE SHIPPING. The only distinctive circumstance in which we would demand for you to defray for the expenses of shipping would only be if your order is a result of customer compensation (for certain occasions ONLY).
Our pre-made shipping arrangements include many variations of methods; any additional cost that may arise after we have sent the item is at the full discretion of that shipping method to conclude that those fees will be charged for damages that were caused by the shipper after the orders release. Unless the liable owner for the charges of the order is determined (otherwise us), we will be liable for the damages that may transpire. During some occasions, if we decide to, we will choose to charge the customer for the costs of the damages (if we choose to have concern with the damage or arising problems of the order). We, at our own sole discretion, choose to satisfy the needs of our customers so our product delivers on the expectations they demand from our service. We also preserve our right to cancel the terms, at anytime, even amidst the shipment of an order. Due to responsibility inabilities caused by the extent of modification or concern of the order varies by the location, we may not have reason to have concern, if it may occur, on the shippers decision, to restrain shipping capabilities of the location. We would also mention if you are concerned with these terms applying to certain locations, we only conduct our service in THE UNITED STATES OF AMERICA.
14. PAYMENT POLICY
We expand our paying methods by affiliating dynamic, easy to use processing platforms to receive payments and satisfy the needs of our customers’ payment capability. By using our general payment methods for credit card payments and PayPal, we can assure your payments are secured. We include the following major credit cards: Discover™, Visa™, MasterCard™, and American Express™. We do not accept any other credit card other than those mentioned.
15. CUSTOM ARTWORK FROM US
If you chose to have us create your design, the following statement applies to you. Please note: In special circumstances, Arcada Apparel may choose to cancel the terms of this statement at anytime. Please be aware that these terms may not be permanent and is extremely flexible to alterations.
In our service, we offer to create a custom design for your order if and only if you you have elected to have us create your design. Our design formatting and customization service, which utilizes preformatted templates in a 5,000+ design gallery, does not require any additional charge to be incorporated into the original price of an order (therefore, the custom design charge is incorporated into the complete order price). This option is only available when you request to have us make your motif, which is only possible if you notify us in your order form submission. If you used another method to process your order, such as using your own artwork, this does not apply to you.
DESIGN INFRINGEMENT ACCORDANCE
Please understand, in addition to the curtailments of our custom design program, these designs are permitted only for custom apparel purposes. You may not utilize the concocted logo for your own purposes; we will never, during any circumstance, permit the release of your design. If we discover we have detestably released your concocted logo and you have engaged in the delinquency of utilizing the logo for financial gain under commercial purposes, we retain the authority to prosecute you under appropriate circumstances.
16. VIOLATION OF AGREEMENT
You surely concur that Arcada Apparel has full authority, without any prior warning in our sole discretion, to terminate your service in which we discover your actions were in violation of our “User Agreement”. We will take distinctive retaliations to entirely protect the integrity of our service – either terminating your service, or prompt service hold.
You agree to defend, indemnify, and hold Arcada Apparel and its affiliates harmless for any and all liabilities including reasonable attorney’s fees, violations of User Agreement, and damages that arise from the use of Arcada Apparel’s service.
18. GOVERNING LAW
This Agreement shall be governed by the laws of the United States, and all matters or disputes related to our service governed by the State of California without regard to its disputes of law provisions.