1. Acceptance of Terms
By accessing and using this website or making a purchase directly through SwagZone Custom Merch, you agree to comply with and be bound by these Terms and Conditions. If you do not agree to these terms, please do not use this website or make a purchase through SwagZone Custom Merch.
2. User Obligations
You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account.
3. Payment and Billing
Payment is due upon placement of an order, whether made through the website or directly with SwagZone Custom Merch via a payment gateway of our choosing. Prices are subject to change without notice. We accept various forms of payment, including credit cards and electronic transfers.
4. Product Information
While we strive to provide accurate product information, we do not warrant the accuracy, completeness, or reliability of any product descriptions or images on our website. Product colors and sizes may vary.
5. Processing Time and Delivery
The processing time for orders will be dependent on the order size and the delivery method selected by the customer, whether online or offline.
6. Product Defects and Quality
We are responsible for addressing product defects and quality issues. If you receive a defective or damaged product, please contact us within 14 days of receiving the order to report the issue. We may require photographic evidence of the defect.
7. Returns, Exchanges, and Refunds
a. Return Policy:
SwagZone Custom Merch accepts returns within 14 days of the delivery date. To be eligible for a return, the item must be unused, in the same condition as received, and in its original packaging. Customers are responsible for the return shipping costs unless the return is due to a SwagZone Custom Merch error or a defective product.
b. Exchange Policy:
Exchanges are processed for items that are defective, damaged, or incorrectly shipped. If you need to exchange an item, please contact our customer service team within 14 days of receiving your order. We will provide instructions for the return and exchange process. Exchanged items will be shipped once the returned product is received and inspected.
c. Refund Policy:
Refunds are issued for eligible returned items. Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If approved, the refund will be processed, and a credit will automatically be applied to your original method of payment within a reasonable number of days.
d. Non-Returnable Items:
Several types of goods are exempt from being returned, including customized or personalized products unless they are defective or damaged upon arrival. Perishable goods, gift cards, and downloadable software products cannot be returned.
e. How to Initiate a Return or Exchange:
To initiate a return, exchange, or refund, please contact our customer service team at [Customer Service Email or Phone Number]. Provide your order number, a detailed explanation of the issue, and photographic evidence if applicable. Our team will guide you through the process and provide the necessary instructions.
f. Shipping Address for Returns:
[Your Company Name]
[Attn: Returns Department]
[Address]
[City, State, ZIP Code]
[Country]
g. Late or Missing Refunds:
If you haven’t received a refund yet, first check your bank account again. Then contact your credit card company, as it may take some time before your refund is officially posted. If you’ve done all of this and you still have not received your refund, please contact us at [Customer Service Email or Phone Number].
8. Limitation of Liability
To the fullest extent permitted by applicable law, SwagZone Custom Merch shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from the use of our products or services.
9. Termination
SwagZone Custom Merch reserves the right to terminate or suspend your account and access to our services, whether online or offline, for any reason without prior notice.
10. Changes to Terms and Conditions
SwagZone Custom Merch reserves the right, at our sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect.
11. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.
12. Errors and Omissions
While SwagZone Custom Merch strives to provide accurate and up-to-date information on our website and in our communications, there may be occasions when typographical errors, inaccuracies, or omissions occur
. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.
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13. Proprietary Rights and Intellectual Property
a. Ownership of Content:
SwagZone Custom Merch retains all proprietary rights, including but not limited to copyrights, trademarks, trade names, service marks, and other intellectual property rights, in and to the content, materials, and designs displayed on our website, promotional products, and all related materials.
b. Use of Our Intellectual Property:
You are granted a limited, non-exclusive, and non-transferable license to access and use our website and services. Any unauthorized use of our proprietary rights or intellectual property is strictly prohibited and may result in legal action.
c. Trademarks:
SwagZone Custom Merch’s trademarks, trade names, service marks, logos, and product names are the exclusive property of SwagZone Custom Merch.
d. User-Generated Content:
If you submit any user-generated content, you grant SwagZone Custom Merch a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content.
e. Reporting Violations:
If you believe that your proprietary rights have been violated, please contact us immediately at [Your Contact Information].
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14. Digital Millennium Copyright Act (DMCA) Compliance
a. DMCA Compliance:
SwagZone Custom Merch complies with the provisions of the DMCA regarding the infringement of copyrighted materials.
b. Notice of Infringement:
If you are a copyright owner or an agent thereof and believe that any content on our website infringes your copyrights, you may submit a notification of claimed copyright infringement under the DMCA.
c. Designated Copyright Agent:
Please send the written communication to our designated Copyright Agent at [Your Company Name], [Attn: Copyright Agent], [Address], [City, State, ZIP Code], [Country], [Email Address], [Phone Number].
d. Counter-Notification:
If you believe that your material has been removed or disabled by mistake or misidentification, you may file a counter-notification under the DMCA.
e. Repeat Infringers:
SwagZone Custom Merch reserves the right to terminate the accounts of users who are deemed to be repeat infringers.
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15. Disclaimer of Warranties
By using the SwagZone Custom Merch website and services, you expressly understand and agree that your use of the site is at your own risk. The site and all information, content, services, or products obtained through the service are provided on an "as is" and "as available" basis. SwagZone Custom Merch expressly disclaims all warranties of any kind, whether express or implied, as to the operation of the site or the information or content included on the site.
16. Limitation of Liability
You expressly understand and agree that SwagZone Custom Merch shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from your use of the site.
17. Indemnification
You agree to hold SwagZone Custom Merch and its subsidiaries, affiliates, officers, directors, and employees, and each of their respective successors and assigns, harmless from, and indemnify them for, all damages, costs, expenses, and other liabilities, including reasonable attorneys’ fees and expenses, relating to any third party claim arising out of or related to your use of the Site or any information or content on the Site, or violation of these Terms.
18. Interpretation
These Terms and the relationship between you and SwagZone Custom Merch shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the county of New Castle, in the State of Delaware.
19. Third-Party Websites and Resources
The Site may provide links to third party websites or resources (“Third Party Resources”). Because we have no control over external sites and resources, including Third Party Resources, you acknowledge and agree that we are not responsible for the availability of such Third Party Resources, and do not endorse and are not responsible or liable for any content, advertising, goods, services or other materials on, available through or provided by such Third Party Resources. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any interaction you may have with such Third Party Resources.
20. Social Media Connectivity
We may enable social media connectivity on the Site from time to time. This connectivity may link to our own social media accounts. The specific content we may post on our own social media accounts is subject to these Terms. However, those social media websites are also Third-Party Resources. If you choose to use social media connect functions on the Site, you acknowledge and agree to abide by the relevant terms and conditions of each respective social media website that we may utilize. The terms and conditions for the social media websites may be found on each respective social media website.
21. Social Media Connect Functions
The social media connect functions are intended to enable us to connect with social media websites so that you can send text, photographs, videos and other information about your activities to each of these websites. Such social media websites may also be able to use information about action you take on our Site.
However, note that where you choose to publish or share information through the social media links on our Site, we have no control over that activity. It will not be protected by us. You should assume that your activity may be accessed by any person using the Web in any part of the world and can be found using independent search engines. If you choose to engage in social media connectivity from our Site, you do so at your own risk.
22. Product Information Disclaimer
The Site may contain references to specific products and services that may no longer be available. Any such reference does not imply or warrant that any such products or services shall be available at any time.
23. Product Liability and Responsibility
By purchasing a product through the Site, you acknowledge and agree that the
products and other items that may be included within the orders are designed for use with or under specific conditions. BY MAKING A PURCHASE ON SWAGZONE CUSTOM MERCH’S SITE, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS SWAGZONE CUSTOM MERCH FROM AND AGAINST ANY CLAIM, DAMAGE, LOSS, LIABILITY, SUIT, OR EXPENSE (INCLUDING REASONABLE ATTORNEY’S FEES) INCURRED OR SUFFERED BY YOU OR THE RECIPIENT OF THE ORDER OTHERWISE ATTRIBUTABLE TO THE PERFORMANCE OF THE PRODUCT YOU HAVE PURCHASED, INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DAMAGES, BECAUSE OF INJURY OR DAMAGE TO PROPERTY, BODILY INJURY, OCCUPATIONAL SICKNESS OR DISEASE, OR DEATH. FURTHERMORE, YOU REPRESENT, ACKNOWLEDGE, AND AGREE THAT YOU ARE TAKING 100% RESPONSIBILITY FOR THE SELECTION AND USE OF THE PRODUCT(S) YOU PURCHASE FOR YOURSELF OR OTHERS, INCLUDING THE DETERMINATION OF WHETHER SUCH PRODUCT(S) ARE APPROPRIATE FOR THE RECIPIENT, AND THAT EXCEPT AS MAY OTHERWISE BE EXPRESSLY AGREED TO IN WRITING IN A SEPARATE DOCUMENT, SWAGZONE CUSTOM MERCH HAS NOT OFFERED ANY ASSISTANCE, AID, OR SUPPORT IN THE SELECTION OF SUCH PRODUCT(S) AND THAT SWAGZONE CUSTOM MERCH WILL NOT BE HELD LIABLE OR ACCOUNTABLE TO YOU OR THE RECIPIENT OF THE ORDER FOR ANY DAMAGES.
SwagZone Custom Merch expressly disclaims any and all liability as to any results obtained or arising from any use of the information contained on SwagZone Custom Merch’s Site.
24. Tax Exemption Policy
SwagZone Custom Merch may be required by law to collect sales and similar taxes on products it sells. If you believe you qualify for a tax exemption, you may submit a valid tax exemption certificate demonstrating same to SwagZone Custom Merch. If a valid exemption certificate is received and processed before your order ships, the tax will be adjusted based on the certificate. Otherwise, SwagZone Custom Merch will not be able to honor an exemption.
SwagZone Custom Merch must have received and approved your exemption certificate before the shipment of any products for which the exemption is claimed by you. SWAGZONE CUSTOM MERCH CANNOT ISSUE REFUNDS FOR TAXES COLLECTED ONCE YOUR PRODUCT SHIPS.
Exemption certificates may be submitted to [Email Address] for SwagZone Custom Merch to review. Upon review, SwagZone Custom Merch will inform you if your certificate is accepted, or SwagZone Custom Merch may request additional information or modification or correction to the certificate.
SwagZone Custom Merch cannot and does not provide tax advice and assumes no responsibility for your tax matters. You agree to indemnify SwagZone Custom Merch for any damages SwagZone Custom Merch might incur as a result of accepting your tax exemption certificates.
25. Contact Us
If you have any questions about these Terms and Conditions, please contact us at contact@swag-zone.ca