ACKNOWLEDGEMENT AND AGREEMENT TO TERMS AND CONDITIONS. The Terms and Conditions of contained herein are the exclusive terms and conditions for the sale of products from NameBrandApparel.com to Customer. Customer agrees that the terms and conditions stated herein constitute the final, complete, exclusive expression of the agreement between NameBrandApparel.com and Customer. Customer, by submitting any order or request for an order, hereby agrees to the terms and conditions set forth herein and acknowledges that Customer has read and understands the same. In the event that any Customer instruction, request, purchase order or any other information and/or documentation submitted by Customer may contain terms and conditions in addition to or different from the terms and conditions herein, Customer agrees, by so submitting its order or by accepting products from NameBrandApparel.com, that the language of the NameBrandApparel.com Terms and Conditions shall solely and exclusively control. Any and all new or additional terms contained on any Customer instruction, request, purchase order or any other information and/or documentation submitted by Customer is hereby expressly and completely rejected. Acceptance of Customer's order for products from NameBrandApparel.com is expressly limited to these terms and conditions. By submitting an order, requesting to purchase any product, or taking receipt of NameBrandApparel.com products, Customer consents to the exclusive jurisdiction of the state and federal courts located in the State of Ohio.
If Customer does not wish to be bound by these Terms and Conditions, Customer should not submit any order or make any type of purchase and should exit all web sites related to NameBrandApparel.com now!
ALL ORDERS FINAL AS PLACED. All orders as submitted and processed through the web site are final. Any errors, inaccuracies or omissions 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/or to follow the Return Authorization instructions detailed below (with the authorization for such returns being in the sole discretion of NameBrandApparel.com).
DAMAGED GOODS. Damaged goods will be replaced at no charge. However, customers MUST contact NameBrandApparel.com to notify us of receipt of a damaged item within 7 days after delivery, so that a Return Authorization Number can be generated and a return shipping address label provided. DAMAGED GOODS MAY NOT BE SENT BACK WITHOUT AN AUTHORIZED R.A. RETURN NUMBER!
Defective or damaged products must have tape placed over the flaw before returning, so that the manufacturer can be made aware of the flaw.
Upon notification of a damaged item(s), NameBrandApparel.com will issue a replacement no later than the next business day. So long as the damaged item(s) is returned within 10 business days, an even exchange will be made. However, if the damaged item is not received within 10 business days as requested, the customer's credit card may be charged for the replacement item, since the damaged item was kept.
All shipments of damaged product shall be sent UPS Ground; no overnight shipping or rush processing will be provided to replace damaged inventory. Failure to notify NameBrandApparel.com within 48 hours after delivery receipt will act as Customer's agreement and acknowledgement that all goods ordered by Customer have been received by the Customer in full and in good, usable and/or merchantable condition.
SHORTAGES. Any product shortage in a delivered order found by the Customer requires notification to our headquarters within 48 hours of receipt. Notice of shortage may be made by phone, email or fax. Every effort will be made to ship missing items before the end of the next business day after notification and acknowledgement by NameBrandApparel.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 NameBrandApparel.com within 48 hours after delivery receipt will act as Customer's agreement and acknowledgement that all goods ordered by Customer have been received by the Customer in full and in good, usable and/or merchantable condition.
SUBSTITUTIONS. If any of the product colors or sizes ordered by the Customer are not in inventory in any of NameBrandApparel.com's seven warehouses located throughout the USA, NameBrandApparel.com reserves the right to substitute similar colors or sizes at its sole discretion. Typically, NameBrandApparel.com will not substitute style numbers, but reserves the right to do so when the style(s) ordered are nearly identical to a suitable replacement style.
If no suitable product substitution is available for shipment, an email notice concerning this unavailability of product will be sent to the Customer (generally within 24 hours of submitting the original order, but no such guarantee of this time frame is made). Said email will request instructions from the Customer on how to proceed with the order (e.g. request for different style, cancellation of order, etc.). The original order submitted by Customer will be placed on hold by NameBrandApparel.com until such instructions are received from the Customer via email, fax or phone.
If less than half of the goods ordered are not available in inventory from NameBrandApparel.com's warehouse network and no suitable substitute product is available, then those product pieces that are available as set forth in the Customer's order will be shipped as directed and the items not then available in inventory will be eliminated from the order and the purchase price amount will be adjusted (i.e. the order will be filled with the product available and the purchase price adjusted for the non-available items). If more than half of the goods ordered are not in inventory, the entire order will be placed on hold until instructions are provided by Customer with regards to Customer's wishes regarding substitution of product(s) or cancellation of the order submitted by Customer.
LOSS OR DAMAGE IN TRANSIT. NameBrandApparel.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 48 hours from the date of loss or damage.
LIMITATION ON DAMAGES. NameBrandApparel.com will not be liable for any loss of profit, interruption of business or any other special, consequential or incidental damages suffered or sustained by Customer. Any and all damages incurred by Customer (or allegedly incurred by Customer) shall, in any and all cases, be limited to the refund of the purchase price of the product purchased by Customer (provided that all of the terms and conditions herein are satisfied).
Further, by placing an order for products through NameBrandApparel.com, Customer acknowledges and understands that NameBrandApparel.com is not the manufacturer of any product purchased by Customer and that NameBrandApparel.com's role is that of an authorized distributor of the products available for purchase on the NameBrandApparel.com website. As such, NameBrandApparel.com HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO ANY PRODUCT SO PURCHASED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF USE, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.
In no event shall NameBrandApparel.com be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the any product offered for sale on this web site, or otherwise arising out of the use of this site, whether based on contract, tort, negligence, strict liability or otherwise, even if NameBrandApparel.com has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to the Customer.
CHARGE-BACK FEES. Customer understands and agrees that all products purchased is 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 NameBrandApparel.com, Customer shall be solely responsible for and shall bear (and/or reimburse) NameBrandApparel.com for any charge-backs or fees issued to NameBrandApparel.com from any credit card company, merchant bank or other source of payment that is issued at the request of the Customer. Stated another way, should Customer request a refund or charge cancellation from any card company, merchant bank or other source of payment processing against the purchase of NameBrandApparel.com products, and should said card company, merchant bank or other source thereafter impose any fee or direct any charge back fee or amount to NameBrandApparel.com at the request of said Customer, Customer shall reimburse NameBrandApparel.com Software for the amount of said charge back fee and the initial purchase amount (the "total amount"). By purchasing any product from NameBrandApparel.com, Customer expressly authorizes NameBrandApparel.com to direct the stipulated payment/charge to be made to Customer's credit card account (the same being the credit card account used in the initial purchase of said product) in the amount of said "total amount" to NameBrandApparel.com for such reimbursement, plus a twenty-five percent (25%) administrative fee to cover the costs and time involved with this process. Customer acknowledges and agrees that the policy set forth in this paragraph provides for reimbursement to NameBrandApparel.com for fees incurred, is fair and reasonable and is not a penalty clause or provision.
RETURNS: All returns must consist of unworn, unwashed and undecorated apparel products. We will not accept any return if the product has been worn, washed or decorated in any way.
All Return Authorization requests must be made within seven (7) days after receipt of your order, as determined by delivery confirmation records. (We require that the return request be made within seven days to ensure the suitability of the products for resale, as we cannot restock items that are in less than perfect condition.)
To make a Return Authorization request, please send an email to blanks@NameBrandApparel.com and provide the following information:
- What is the first and last name of the person who placed this order?
- What was the date that this order was placed?
- What is the order number? (Five digit number in "comments" on packing list.)
- Which items from your order do you wish to return? If you plan to return all of the products in your order, simply say "Returning all." If you are returning only a portion of your order, please be clear as to the style numbers, quantity, sizes and colors for EACH of the products you wish to return.
- In case we need more information, what is your phone number?
- Is there also another email address to which you would like this return authorization / call tag information sent?
Within 1-2 business days after receipt of your return request, we will send you a Return Authorization Number with an attached UPS Call Tag in PDF format. This call tag includes the return shipping address directly on a printable label. We will send this information to the email address that was provided during your initial transaction, unless you specifically direct us otherwise.
The UPS label should be printed out and placed on the exterior of the box. You can then give your return to any UPS delivery person or drop the return at the nearest UPS Store or any designated UPS service location. (Note that if you call UPS for pickup of your return package and do not have a UPS pickup account, UPS will charge you $10 directly for said pickup service.)
All refund credits will be provided after verification of receipt of the return at our warehouse, confirming that the product is unworn, unwashed and undecorated. Credits may take as long as 30 days to be posted to your credit card account, as return credits are processed weekly.
The original outgoing shipping costs are not refundable. Refunds are provided only on the purchase price of the apparel product(s) less the actual cost of shipping the goods as charged to us by UPS. On orders shipped under our "free shipping" program or on orders sent to locations where the actual shipping costs charged by UPS are greater than standard, the actual shipping cost as charged to us by UPS will be the amount deducted from the order total prior to credit.
IF THESE RETURN POLICIES ARE NOT FOLLOWED: Any return received without a Return Authorization Number -- especially for returns received well after the seven (7) day return eligibility window -- will be charged a 20% restocking fee in addition to any shipping fee deductions as outlined above. This assumes that the goods received in the unauthorized return are in "like-new" resale condition; if not, zero credit will be issued.
["EXCHANGE" NOTE: NameBrandApparel.com does not process "exchanges" per se: the return of previously ordered product and the shipping of new products are treated as two distinctly separate transactions.To get new products to replace any products you are returning to us, simply shop our online store and place a brand new order after making your return.]
THIS SITE IS NOT FOR CUSTOM LOGO GOODS. ALL ORDERS PLACED THROUGH THIS SITE SHIPS AS "UNDECORATED" PRODUCT! If you want apparel with custom screen printing or embroider, visit The Custom Logo Factory to request a price quote; that division handles the entire production process, including the acquisition of blank goods for the finished order.