OAK EMBROIDERY TERMS AND CONDITIONS
The Terms and Conditions contained herein are the exclusive terms and conditions for the sale of products from Oak Embroidery (Company) to, the Customer. The Customer agrees that the terms and conditions stated herein constitute the final, complete, exclusive expression of the agreement between the Company and Customer. Here forward the Customer is referred to that(those) individual(s) which is(are) submitting an order or a request for an order from the Company.
1. CONTENT
The Customer shall not submit, in any form, any materials (Content), including, but not limited to electronic files, photos, graphic images that are unlawful, vulgar, defamatory, obscene, pornographic, indecent, libelous, or otherwise objectionable, or that which would incite or encourage a criminal offense or liability. The Company will not accept any designs which promote bullying, hate groups, foreign political organizations, or terrorist organizations. The Company reserves the right to refuse any design.
2. COPYRIGHT AND TRADEMARKS
The Company 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 the Customer. All liability for any act of trademark infringement rests solely with the Customer. The Customer hereby indemnifies the Company against any, and all, actions resulting from trademark issues. A letter of authorization, in Company Letterhead, may be required to proceed with orders where trademark infringement is questioned.
3. HOLD HARMLESS
The Customer agrees to hold the Company, it’s owners, officers, directors, employees, and agents, free and harmless from all liability and indemnify the Company for any loss, damage, or injury which may result from producing a Customer’s 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, because of, the reproduction of the "Content" requested by the Customer.
4. ART APPROVAL
For each embellishment, the Company will submit proof for the customer’s approval. It is the customer’s responsibility to verify that all the information on the proof is correct. This includes, but is not limited to, spelling, grammar, and/or design errors. If an error is found after the order has been approved and produced, the Company will not be held liable for the cost associated with reproducing the order. The Company assumes no liability for errors in designs approved by the Customer.
Customers should supply artwork via email, or via website, in the form of a vector image, PDF, BMP, or JPG. Please provide the art at a minimum of 300 DPI. If the artwork supplied requires typesetting, changes, touch ups, I will contact you and update the price on the Estimate. I reserve the right to modify the artwork and charge accordingly. If requested, I will provide you with a sample sew out for approval ($10) before sewing on the actual garments.
5. Digitizing Fee
Digitizing fees start at a minimum of $35.00 for chest or cap locations. Large full front or back could range between $80 to $100 depending on how detailed the design is. Original digitizing is a one-time fee. However, if edits need to be made at a later day, a $25 edit fee will be added on to your order. The following are not considered desirable: photocopies, pen and/or pencil drawings, business cards, letterheads. Although we can digitize these, the quality is only as good as the material you supply us with. Please provide us with the best top-quality art you can.
6. OUT OF STOCK ITEMS
The Company will not be held liable for delays due to the manufacturer’s lack of inventory of items ordered by the Customer. In the event an item is found to be back ordered or out of stock permanently the Customer will be notified and provided with alternative options.
7. MANUAFACTURER DEFECTS
The Company will not be held responsible for garment inconsistencies related to size, color or construction. The Customer is hereby advised to account for such defects by ordering extra garments.
8. LOCATION AND SIZE
The Customer will be responsible for providing details regarding embellishment placement and size. If details are not provided, the Company will embellish in standard locations and sizes.
9. DIFFICULT ITEMS OR DESIGN PLACEMENT
The Company requires that a “Check” be made first on some “difficult items or placements” to make sure the item can be embellished. An item or placement that is deemed “difficult” may incur an additional production charge.
10. ALL SALES ARE FINAL
There are no refunds, returns or exchanges on custom decorated items.
11. ORDER CANCELLATION
If an order is cancelled by the Customer, a refund will be based on the status of the order. If the product required for the order has been procured by the Company, then a 20% restocking fee will be incurred on the value of the items ordered. If the order is complete, no refund will be issued.
12. RETURNS
The Company stands behind our work. We do not offer refunds on any order; however, we will re-do an order that has been deemed incorrect and found to be the fault of the Company. The Company must be notified within 5 days of the delivery of the order that there is a problem with an Order. Once notified, every effort will be made to expedite the replacement order. If the Customer retains the original order, a discount will be given on those goods, otherwise the Customer will return the items within 2 days after notifying the Company. If items need to be re-shipped the Company agrees to cover the shipping using ground ship methods. If the shipping must be expedited, it will be at the expense of the Customer. Any goods being returned after the agreed upon timeframe will be refused unless a prior agreement has been made.
13. BANK CHARGES AND FEES
The Customer acknowledges that, since all sales are final, there will be no chargebacks or returned checks. In the event of a chargeback or returned check, Customer agrees to reimburse the Company, in cash, for all penalties and expenses.
14. SAMPLES
All Samples provided to the Customer by the Company will be paid for by the Customer, and then applied to the Customer’s order. After COVID, Samples are not returnable.
15. SHIPPING
All orders being shipped at the request of the Customer will be at the expense of the Customer. Once an order is shipped, a tracking number will be provided to the Customer along with the details of the Order. All shipping of promotional products ordered by the Customer will be incurred by the Customer. Final shipping charges will be provided to the Customer once items have shipped. A guesstimate of shipping charges on promotional products can be quoted in advance, however, the final charges may be different than the amount quoted. The customer acknowledges that all rules and regulations of the assigned Shipper will apply. All shipping charges are non-refundable.
16. CUSTOMER SUPPLIED GOODS
I will embroider the customers’ supplied items at my own discretion. The customer understands that Oak Embroidery maintains the highest degree of quality and workmanship. However, we cannot always prevent or control a failure of the embellishment equipment or unexpected results on items that we do not provide. Problems rarely occur, but you need to be aware of this possibility. If you supply an item, then you accept the risk. Oak Embroidery is not responsible for replacement or cost of customer supplied goods if they become damaged in the process of embellishment.
If the Customer is supplying all or part of the goods in an order, the Customer takes full responsibility for those goods. The Company will not be liable for any defects or quality of the items provided by the Customer. If the goods are drop-shipped by a Manufacturer, the Company agrees to ‘check-in” items as it pertains to the order. The Customer will be notified of any discrepancies in color, size, or quantity only. The spoilage over/under terms in Item 14 applies. The Customer is responsible for all shipping costs incurred from the Manufacturer drop shipping items to the Company.
17. CARE AND WASHING INSTRUCTIONS OF EMBELLISHED ITEMS
All embellished items should be washed with care. All garments should be turned inside out when washing and put through a gentle cycle in cold water only, without chlorine bleach. Only hang dry and do not iron embellishment directly. Following these instructions will provide maximum durability and colorfastness.
18. ACKNOWLEDGEMENT AND AGREEMENT TO TERMS AND CONDITIONS
The Customer, by submitting an order, or request for an order, hereby agrees to the Terms and Conditions set forth and acknowledges that they have read and understand the Terms and Conditions outlined in this document.