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Agreement
and Acknowledgment of Terms and Conditions of Sales
PLEASE READ THE FOLLOWING EXCLUSIVE
TERMS AND CONDITIONS OF USE AND DISCLAIMER BEFORE USING THIS WEB
SITE.
By using this site, You must agree to the terms
of use described herein. If you do not agree to these terms, please
do not use this site. Embroider.com reserves the right, at any time,
to modify or update these Terms and Conditions of Use and You will
agree to be bound by these modifications or updates. The Terms and
Conditions of Use contained herein are the exclusive terms and conditions
for the sale of products from Embroider.com. You, as the Customer,
agree that the terms and conditions stated in this disclosure, constitute
the final and complete agreement between Embroider.com and You,
the Customer. In the event you submit any other terms and conditions
not contained herein, You must receive written approval prior to
your order acceptance. Failure on your part to obtain such approval
prior to placing an order constitutes an acceptance to the terms
and conditions described herein. Customer agrees that should any
legal issue arise, the parties will be bound by the laws of the
State of Minnesota.
Privacy Policy
Embroider.com respects the user's privacy. We do not sell, rent
or lend any of our customer's identifiable information to any third
party. Any information you provide will be held in the strictest
security and will not be used in any way for which You have not
consented. When you place an order with us we will ask you for the
following: your name, company name, credit card billing address,
your ship to address, your credit card number, expiration date,
your phone number, email address and the code from the back of the
card. We reserve the right to ask for a copy of the credit card
(front & back) and your driver's license to be faxed to our
credit department for verification. We consider this information
private and will use this information only to process our orders
and to notify you about your current order and any future specials.
If at any time you wish to be removed from our email list, we will
do so if you notify us.
Copyright and Trademarks
This entire site design including graphics, links and text information
contained herein, is copywrited: © 2003, Embroider.com. ALL
RIGHTS RESERVED.
Stock embroidery designs have been copyrighted.
© 1990-2003 Dakota Collectibles. ALL RIGHTS RESERVED. These
designs are reproduced by Embroider.com with the prior, expressed
written consent of Dakota Collectibles. Unlawfully reproducing these
images is a direct violation of their copyright law.
Permission is granted on a limited basis to copy
and print pages of this site for the purpose of placing an order
with Embroider.com or to use this site as a future resource for
your shopping. Any other use of this site, including but not limited
to duplicating, modifying and distribution without prior written
permission of Embroider.com is strictly prohibited. All trademarks,
service marks and trade names contained herein are proprietary of
Embroider.com and Embroider.com has been granted the right to use
such trademarks. Embroider.com is a registered trademark and is
a division of Adwear Inc.
Disclaimer and Liability Limitations
Embroider.com reserves the right to the maximum extent permitted
by law to disclaim or make any warranty, express or implied, and
will not assume any legal liability or responsibility for completeness
or usefulness, accuracy or quality of any information contained
herein, or represents that its use would not infringe on privately
owned rights. In addition, Embroider.com does not represent or warrant
that the information accessible on this site or other linked sites
is accurate, complete or current. All materials presented on any
linked documents are not monitored by Embroider.com, and therefore
Embroider.com can not be held responsible for accuracy. Prices and
availability of any given product are subject to change without
notice; however prior to your order being processed, you will be
notified of any changes affecting your order. The data and information
included on this web site have been compiled from many sources,
and are subject to change without notice. In any event, Embroider.com
shall not be held liable for any injury, loss, claim, damage, or
any incidental or consequential damages, which arise out of, or
are connected with, any listing of any data on this web site. By
using this web site, you assume all risks associated with its use,
including but not limited to computer software or data being damaged
by any virus or any other file which might be transmitted or activated
via this web site or links contained herein. All specifications
and product offerings are subject to change without notice. Embroider.com
has made every effort possible to display products, ink colors,
thread colors etc. as close as possible. In some cases, displayed
colors of the products will depend upon the monitor you are using
or your monitor settings. Embroider.com cannot be held responsible
or guarantee the above described products or colors. If you are
at all concerned about the colors referenced or shown on this site,
please contact our Customer
Service Department.
Typographical Errors
In the event a product is listed at an incorrect price or with incorrect
information due to typographical error or error in pricing or product
information received from our suppliers, Embroider.com shall have
the right to refuse or cancel any orders placed for product listed
at the incorrect price. Embroider.com shall have the right to refuse
or cancel any such orders whether or not the order has been confirmed
and your credit card charged. If your credit card has already been
charged for the purchase and your order is canceled, Embroider.com
shall immediately issue a credit to your credit card account in
the amount of the charge.
Order Acceptance
The receipt of an Email or Facsimile order does not constitute the
acceptance of an order by Embroider.com. Future information may
be required prior to the acceptance of any order. Embroider.com
reserves the right, without prior notification, to limit the order
quantity on any item and may refuse to provide goods or services
to any customer. ALL ORDERS PLACED ARE FINAL. Any errors, omissions
or inaccuracies made by the Customer during the placement of an
order shall be the sole responsibility of the Customer, and will
require the Customer to place a new order for replacement goods
and to follow the Return Authorization instructions as detailed
below.
Proofs
You will be asked to proof your artwork before it is sent to the
manufacturer for ad specialty items or to our production department
for garments. Your approval of this artwork is our approval to proceed.
Artwork may or may not be proofed again before the item is printed.
If you choose to waive your proof option, Embroider.com will not
be held liable for any errors. Manufacturer proofs may or may not
be available and may add additional production time or additional
cost to your order. We do our best to proof all artwork before it
is sent to production and we appreciate your careful attention to
the proof you are sent and asked to verify. It is the customer's
responsibility to confirm accuracy of technical spellings, color
separations and specific fonts and other details of the order. If
artwork is sent correctly to the manufacturer and they reproduce
it in some way and make an error, the liability to correct the issue
lies with the manufacturer. Standard procedures are to either discount
the order or to replace the order. The customer usually has the
option to decide.
Blank Goods
In most cases Embroider.com does not sell blank goods; however you
may contact our Customer
Service Department for any special needs.
Return and Order Cancellation Policies
Personalized items cannot be returned unless the item is defective
and deemed so by the manufacturer after their inspection. When returning
defective items be sure to mark the defective area with masking
tape. If you have any problems with products or merchandise you
must notify Embroider.com within 3 days of receipt of order.
Garments that are decorated cannot be returned
for size issues. 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 condition as originally shipped. Any items returned
without prior authorization will not be credited or returned. All
items will be subject to inspection before a credit will be given.
Non-personalized items will be subject to a 20% re-stocking fee.
Cancellations and changes to an order you have placed must be made
by 4 p.m. Central Time on the same business day.
To receive a Return Authorization Number, please email us at
returns@embroider.com or call 651-699-0696. Embroider.com
reserves the sole right and discretion to authorize or refuse to
authorize the return of any product purchased by the Customer. Embroider.com
shall provide both the Return Authorization Number and the return
address to the Customer prior to returning the shipment. Outbound
shipping fees for the items charged to the Customer are not refundable
under any circumstances. Return shipping charges is the responsibility
of the Customer unless agreed to in writing prior to the return
shipment. Any returns made to Embroider.com without written pre-authorization
will be refused.
Shortages
Any product shortage found by the Customer requires notification
to our office within 24 hours of delivery receipt. Notice of shortage
may be made by phone, email or fax. Every effort will be made to
ship the missing items within 48 hours of notification and acknowledgment
by Embroider.com. All shipments of missing product shall be sent
UPS Ground; no overnight shipping or rush processing will be provided
to replace missing inventory. Failure to notify Embroider.com within
24 hours of delivery receipt will act as Customer's agreement and
acknowledgment that all goods ordered by Customer have been received
by the Customer in full and in good, usable like new condition.
Substitutions
If any of the product colors or sizes ordered by the Customer are
not in inventory when ordered, Embroider.com will use its best efforts
to find a suitable replacement and will contact the Customer prior
to making such substitution. In the event the Customer can not be
reached for approval of the substitution the order will be put on
hold until we have received instructions and approval to make the
substitution.
Shipping and Losses
Embroider.com will ship by UPS Ground. For express delivery we use
Federal Express or UPS air service. Courier service may be used
for local same day delivery. Other shipping methods may be used.
Freight charges on all orders will be billed to the customer.
We do not accept international orders and we will not ship to international
locations. If you have products that must ship out of the United
States you are responsible to procure any international shipping
method and follow their customs policies, duties and taxes. Embroider.com
will do the best we can to provide you, upon your request, with
any product information that may be available for your customs report.
All refused and or unclaimed shipments are also subject to a 20%
restocking fee (with a minimum restocking fee of $5.00) in addition
to any and all transportation charges for the return of the product.
Embrioder.com is not responsible for loss or damage of products
in transit. Customer will be responsible for checking shipment upon
delivery for total product count and condition. Any shortage in
total product count or evidence of damage to goods must be noted
and reported to the carrier's office. All claims must be filed with
the carrier within 24 hours from the date of loss or damage.
Washing Instructions
In most cases garments are labeled from the factory with the proper
washing instructions. Failure to follow these instructions may result
in damage to the item. Embroider.com is not liable for any damages
to a garment or item due to improper laundering. Do not bleach embroidered
or screen printed items. If unsure about acceptable washing and
cleaning methods, consult with a professional dry cleaner. As a
general rule, Embroider.com recommends cold water and low heat or
hang drying for most garments. Garments that require dry cleaning
should be cleaned accordingly.
Returned Checks and Credit Card Transactions
Embroider.com charges a $25 fee for any returned checks. Any fees,
legal or otherwise, obtained during the collection process will
be charged to the customer or responsible party. In the event of
credit card fraud, any fees incurred by Embroider.com will be passed
on to the customer. Since the items are for the most part "Custom,"
the Customer understands and agrees that all products purchased
are considered a final sale for which no refunds will be given or
provided, except as expressly provided herein. Customer agrees and
acknowledges that by purchasing any product from Embroider.com the
Customer agrees to pay all costs and shall reimburse Embroider.com
for any charge-backs or fees issued to Embroider.com from any credit
card company or other source of payment that is issued at the request
of the Customer. When you place an order with us we will ask you
for the following that appears on your credit card: your name, company
name, credit card billing address, your ship to address, your credit
card number, expiration date, your phone number, email address and
the code from the back of the card. We reserve the right to ask
for a copy of the credit card (front & back) and your driver's
license that will be faxed to our office for verification.
Credit Application
Credit
Application - (126 KB, PDF)
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