TERMS AND CONDITIONS
Updated on: March 20, 2021
1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
These terms apply to you and us only if you are a consumer.
You are a consumer if:
- You are an individual
- You are ordering custom products from us wholly or mainly for your personal use or business (not for use in connection with your trade, business, craft or profession).
If you are a business customer terms and conditions for the sale of goods and services by gearment to business will apply to you and us.
These terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
By placing an order for products or services from this website, you accept and are bound by these terms and conditions.
You may not order or obtain products or services from this data source if you (a) do not agree to these terms, (b) are not the older of (i) at least 18 years of age or (ii) legal age to form a binding contract with Gearment, or (c) are prohibited from accessing or using this data source or any of this data source’s contents, goods or services by applicable law.
These terms and conditions (these “Terms'') apply to the purchase and sale of products and services through https://gearment.com/ (the “Site”). These Terms are subject to change by Gearment store (referred to as “us”, “we”, or “our' ' as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
2. GOODS AND SERVICES.
Gearment provides print-on-demand (“POD”) services. POD is an order fulfillment method where you can create customized designs for a variety of goods displayed on our Site. When you upload any artwork for printing, either it is your original artwork, or licensed by the sole and exclusive owners of all intellectual property rights in and to each design. Gearment will print and deliver you goods with printed design according to these terms. You can also order any goods displayed on our Site “as is” without any design printed on them.
3. ORDER ACCEPTANCE AND CANCELLATION.
You agree that your order is an offer to use our services, under these Terms, all products and services listed in your order. All orders will be scanned through Google Cloud Vision for branded Trademarks. We may choose not to accept any orders in our sole discretion if it violates intellectual property rights.
You cannot modify or cancel your order on your end. After your order has been placed, you have 5 hours to contact us and request order modifications (such as a size/color change) or cancellation. After 5 hours, your order will have been put into production and can no longer be modified, except for your shipping address.
We can still correct/modify your shipping address before you receive tracking labels of orders placed (received 24hrs after payment). Therefore, please contact us as soon as possible.
4. PRICES AND PAYMENT TERMS.
(a) All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your orders’ invoices. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
(b) Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept PayPal, Payoneer, Credit cards for all orders. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such payment methods, (iii) charges incurred by you will be honored by your chosen payment methods, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
5. SHIPMENTS; DELIVERY; TITLE AND RISK OF LOSS
(a) You understand that all our products are printed on demand solely for your orders, and therefore all products will be put through a production process. Delivery period displayed on your checkout page excludes the production period of printing a design on your ordered goods.
(b) We will arrange for shipment of the products to you. Please check for any specific delivery options. You will pay charges incurred by you at the posted prices, including all applicable taxes, if any once you finish placing your orders.
(c) Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
6. RETURNS AND REFUNDS.
Since your order is custom printed solely for your orders, we are not responsible for refunds or exchanges due to incorrect fit or preference issues of your end buyers. you assume all risks when choosing the style and fit of the order. to better help you in choosing the right size, we have made available a size chart on each product page. please make sure your end buyers refer to it first for the best fit.
Except for any goods we supply to you “as is” and since your orders are custom printed solely for your orders, all our products and services designed exclusively for your order are non-returnable. We will reproduce or refund you a purchase price only in circumstances described in Section 7(b) and only within a warranty period as set out in Section 7(d). We also do not offer any replacement or refunds with respect to the products purchased at a discounted and not a regular price as displayed on our Site.
If you have any issues with orders placed, you must contact us or email our Customer Department at [email protected] and attach photos showing the specific problem with the product. You must include the order number started with TW-000xxxx and any other information as you deem appropriate for us to better resolve your issue. We may accept or refuse issuing a refund according to the results of our inspection process and in our sole discretion.
Refunds are processed within approximately three business days of our refund confirmation based on the results of our inspection process that will be sent to you in your email. Your refund will be credited back to your Gearment account wallet.
7. LIMITED WARRANTY.
This limited warranty gives you specific legal rights and you may also have other rights, which vary from state to state.
This limited warranty can also be found in the documentation we provide with the products.
We warrant that during the warranty period, the order placed from the site will be free from defects in materials and workmanship.
We also warrant that during the warranty period the services purchased from the site will be performed in a workmanlike manner and in accordance with generally recognized industry standards for similar services.
We limit the duration and remedies of all implied warranties, including without limitation the warranties of merchantability and fitness for a particular purpose, to the duration of this limited warranty.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
Our responsibility for defective products is limited to replacement or refund as set forth in this warranty statement. our responsibility for defective services is limited to re-performance or refund as set forth in this warranty statement. neither any performance or other conduct, nor any oral or written information, statement or advice provided by us or any of our suppliers, agents or employees will create a warranty, or in any way increase the scope or duration of this limited warranty.
(a) Who May Use This Warranty?
This limited warranty extends only to the original purchaser of products and services from the Site. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service.
(b) What Does This Warranty Cover?
This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in products and services purchased from the Site as follows:
- The design was poorly printed
- You received a different size from what you ordered
- You received a different product from what you ordered
- Products missing or damaged
(c) What Does This Warranty Not Cover?
This limited warranty does not cover any damages due to:
- Improper use
- Failure to follow the product instructions or to perform any preventive maintenance
- Combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by Gearment
- Unauthorized repair
- Normal wear and tear; or
- External causes such as accidents, abuse, or other actions or events beyond our reasonable control
(d) What is the Period of Coverage?
This limited warranty starts on the date of your purchase and lasts for 15 days the “Warranty Period”. The Warranty Period is not extended if we replace a warranted product or re-perform a warranted service. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
(e) What Are Your Remedies Under This Warranty?
With respect to any defective products during the Warranty Period, we will, in our sole discretion, either: (i) repair or replace such products (or the defective part) free of charge or (ii) refund the purchase price of such products. We will not pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective products.
With respect to any defective services during the Warranty Period, we will, in our sole discretion, either: (i) re-perform the defective services free of charge or (ii) refund the purchase price of such services.
(f) How Do You Obtain Warranty Service?
To obtain warranty service, you must contact us or email our Customer Service Department at [email protected] during the Warranty Period.
(g) Limitation of Liability.
The remedies described above are your sole and exclusive remedies and our entire obligation and liability for any breach of this limited warranty. our liability will under no circumstances exceed the actual amount paid by you for the defective product or service that you have purchased through the site, nor will we under any circumstances be liable for any loss of production, work, data, use, business, goodwill, reputation, revenue or profit, any diminution in value, costs of replacement goods or services, or any consequential, incidental, special or punitive damages or losses, whether direct or indirect.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
(h) What can you do in case of a dispute with us?
The informal dispute resolution procedure detailed in Section 15 is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.
8. CONTENT; ENFORCEMENT
During the ordering process you may provide us with any designs, images, pictures, illustrations, typography, space, layout, colors, texts, paintings, drawings, photographies, printmakings, posters and any and all other visual content (collectively “Content”).
You shall comply with, and shall ensure that each Content provided to us complies with, all federal, state, local, or international law or regulation.
You understand and acknowledge that you are responsible for any Content you submit or contribute, and you, not Gearment, have full responsibility for such Content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the Content or accuracy of any Content submitted to us and printed on your products.
Without limiting the foregoing, each Content you provide to us must not:
(a) Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
(b) Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
(c) Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person or parties.
(d) Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations.
(e) Be likely to deceive any person.
(f) Promote any illegal activity, or advocate, promote, or assist any unlawful act.
(g) Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
(h) Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
(i) Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising, unless otherwise shall be approved by us in advance.
You represent and warrant that:
(a) You own or control all rights in and to the Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
(b) All of your Content does and will comply with these Terms.
We have the right to:
(a) Remove or refuse to process any Content for any or no reason at our sole discretion.
(b) Take any action with respect to any Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content infringes any intellectual property right or other right of any person or entity, threatens the personal safety of the public, or could create liability for the Gearment.
(c) Disclose your identity or other information about you to any third party who claims that Content violates their rights, including their intellectual property rights or their right to privacy.
(d) Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Content.
(e) Terminate or suspend your access to all or part of the services for any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone providing any content or other materials to us. you waive and hold harmless the company and its affiliates, licensees, and service providers from any claims resulting from any action taken by any of the foregoing parties during, or taken as a consequence of, investigations by either such parties or law enforcement authorities.
However, we cannot review all Content before it is put in the production process, and cannot ensure removal of objectionable Content after it has been printed. Accordingly, we assume no liability for any action or inaction regarding Content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
You hereby grant to us a non-exclusive, non-transferable, worldwide, irrevocable, fully-paid, royalty-free license to use any Content during the warranty period solely in connection with the manufacture and sale of the goods with a printed Content to you.
You shall defend, indemnify, and hold harmless Gearment and its respective shareholders, directors, officers, employees, agents, successors, and assigns (each, a “Licensor Indemnified Party”) from and against all losses arising out of or in connection with any third-party claim, suit, action, or proceeding (”Third-Party Claim”) related to: (a) any actual or alleged breach by you of any representation, warranty, covenant, or obligation under these terms; or (b) infringement, dilution, or other violation of any intellectual property or other rights of any person resulting from the manufacture or sale of products with a printed Content.
11. FORCE MAJEURE.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
12. GOVERNING LAW AND JURISDICTION.
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.
13. DISPUTE RESOLUTION AND BINDING ARBITRATION.
(a) You are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim. other rights that you would have if you went to court may also be unavailable or may be limited in arbitration.
Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and us arising from or relating in any way to your orderd of products or services through the site, will be resolved exclusively and finally by binding arbitration.
(b) The arbitration will be administered by the American Arbitration Association (”AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 15. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
(c) The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
(d) If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
(e) You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within 60 days of your order placement. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
(f) You agree to an arbitration on an individual basis. in any dispute, neither you nor Gearment will be entitled to join or consolidate claims by or against other customers in court or in arbitration or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity. the arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. the arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
(g) If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 16 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
15. NO WAIVERS.
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Gearment.
16. NO THIRD PARTY BENEFICIARIES.
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms, you must contact us as follows: (i) by email to [email protected]; or (ii) by personal delivery, overnight courier or registered or certified mail to 14801 Able Ln, Ste 102, Huntington Beach, CA 92647, United States. We may update the email address or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by email transmission or overnight courier will be effective one business day after they receive the mail. Notices provided by registered or certified mail will be effective three business days after they are sent.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
19. ENTIRE AGREEMENT.