OAK EMBROIDERY TERMS AND CONDITIONS

The terms and conditions contained herein are the exclusive terms for the sale of products from Oak Embroidery ("Company") to the Customer. By submitting an order or request for an order, the Customer agrees that these terms and conditions constitute the final, complete, and exclusive expression of the agreement between the Company and the Customer. The term "Customer" refers to any individual or individuals submitting an order or request for an order from their Company.

LATE PAYMENT. Payments that remain unpaid will incur an interest charge of 3.5% per month, calculated from the due date until the payment is made. If an account becomes past due, it may be sent to collections, and the related fees will be added to the balance. 

CONTENT. The Company assumes no responsibility for verifying the Customer's rights to any trademark or design reproduced on the Customer's behalf. The Customer is solely responsible for any trademark infringement. The Customer agrees to indemnify and hold the Company harmless from any legal actions resulting from trademark issues. If trademark infringement is suspected, the Company may require a letter of authorization on Company letterhead before proceeding with the order. 

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.

HOLD HARMLESS. The Customer agrees to hold the Company, its owners, officers, directors, employees, and agents harmless from any liability and indemnify the Company for any loss, damage, or injury arising from the production of the Customer's Content. This includes all judgments, awards, losses, liabilities, costs, expenses, legal fees, and other related costs incurred because of the reproduction of the Content requested by the Customer. 

ART APPROVAL. The Customer agrees to hold the Company, its owners, officers, directors, employees, and agents harmless from any liability and indemnify the Company for any loss, damage, or injury arising from the production of the Customer's Content. This includes all judgments, awards, losses, liabilities, costs, expenses, legal fees, and other related costs incurred because of the reproduction of the Content requested by the Customer. 

DIGITIZING FEE. Digitizing fees begin at $35.00 for chest or cap locations. Large designs (full front or back) may range from $80 to $100, depending on design complexity. Original digitizing is a one-time fee, but if edits are needed later, a $25 edit fee will apply. Photocopies, pen/pencil drawings, business cards, and letterheads are not ideal for digitizing, although the Company can still digitize these. The quality of the final design depends on the quality of the original material provided. 

OUT OF STOCK ITEMS. The Company is not liable for delays caused by the manufacturer's lack of inventory. If an item is backordered or permanently out of stock, the Customer will be notified and offered alternative options. 

MANUAFACTURER DEFECTS. The Company is not responsible for garment inconsistencies related to size, color, or construction. Customers are advised to order extra garments to account for such defects. 

LOCATION AND SIZE. The Customer is responsible for providing specific details regarding embellishment placement and size. If no details are provided, the Company will place the embellishment in standard locations and sizes. 

DIFFICULT ITEMS OR DESIGN PLACEMENT. For difficult items or placements, the Company may require a preliminary "check" to confirm that the item can be embellished. If the item or placement is deemed difficult, an additional production charge may apply. 

ALL SALES ARE FINAL. There are no refunds, returns or exchanges on custom decorated items.

ORDER CANCELLATION. If a blank order is canceled, a refund will be issued based on the order's status. If the product has been procured, a 50% restocking fee, plus shipping costs, will apply. If the order is complete, no refund will be issued. For customized orders (embroidery or silkscreen), cancellations are not accepted after the quote approval. 

BANK CHARGES AND FEES. Since all sales are final, chargebacks and returned checks are not allowed. In the case of a chargeback or returned check, the Customer agrees to reimburse the Company for all associated penalties and expenses. 

CONVENIENCE FEE. A 3.5% convenience fee will be added to all invoices for credit card payments. If the Customer chooses to pay via cash or check, the fee will be refunded. 

SAMPLES. All samples provided by the Company will be paid for by the Customer and applied to the final order. Samples are not returnable post-COVID. 

PA SALES TAX. It is the Customer's responsibility to provide a sales tax ID or exemption certificate. If omitted, the Company will adjust the invoice accordingly. 

SHIPPING. Shipping costs for all orders are the Customer's responsibility. Once shipped, a tracking number and order details will be provided. The Company will notify the Customer if promotional product shipping costs differ from the initial quote. All shipping charges are non-refundable, and the rules of the assigned shipper apply. 

CUSTOMER SUPPLIED GOODS. The Company may embroider Customer-supplied items at its discretion. While the Company maintains high quality and workmanship, it cannot guarantee that items not provided by the Company will not be subject to failure or damage during embellishment. The Customer accepts the risk associated with supplying their own goods. The Company is not responsible for the replacement or cost of customer-supplied items if they become damaged. 

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.

STORAGE AND DISPOSAL OF CUSTOMER ITEMS:  The Company will retain the Customer's items for a maximum of 30 days from the date of receipt. After this 30-day period, any unclaimed or uncollected items will be considered abandoned and will be disposed of at the Company's discretion, without liability to the Company. The Customer acknowledges and agrees that it is their responsibility to collect their items within this timeframe, and the Company will not be held responsible for any loss or damage to items that are not retrieved within the 30-day period. 

ACKNOWLEDGEMENT AND AGREEMENT TO TERMS AND CONDITIONS: By submitting an order or request for an order, the Customer acknowledges and agrees to these Terms and Conditions and confirms that they have read and understood this document.