TERMS AND CONDITIONS
Terms and Conditions
Updated October 29, 2020
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
All orders under $1000 require upfront payment in full. All orders over $1000 require a deposit of 65% upfront that can be paid with cash or check. The remaining balance must be paid when the order is complete. Final balances and in-full payments can be paid with cash, check, PayPal, or credit card (American Express, Discover, Mastercard, Visa, and most debit cards). Any invoice which remains unpaid after 30 days from the due date will accrue interest at the rate of 1.0% per month until paid in full. In the event collection proceedings are taken by Theo and Sons Custom Merchandise for the collection of an overdue account, the customer will be responsible for payment of Theo and Sons costs of collection, including court costs and attorney fees.
Our minimum order is 25 units for contract work unless stated otherwise.
Typical turnaround time is 7-10 business days from the time that art mockups and quotes are approved. Some additional services may add to our typical turnaround. Rush charges may apply for orders needed sooner than our typical turnaround.
Turn time on larger orders (500 pieces or more than 4 designs) may require a longer time to produce. Please inquire about our current turn time on larger orders.
All orders with a specific deadline must receive confirmation from Theo and Sons Custom Merchandise. Requesting a deadline does not make it effective, as scheduling often needs to be confirmed with our production team.
We will not commit to a deadline until we have received a confirmed order from the customer. It is the customer’s responsibility to inform us of their garment selection and quantities. We also need to know the desired completion date upon order confirmation, at which time we apply the deadline to the job.
We cannot guarantee a place on the schedule without having complete order information and a confirmed order upfront. If we do offer a place on the schedule in anticipation of a confirmed order, then we will hold that slot for 48 hours before putting a different job in its place.
Theo and Sons Custom Merchandise honors federal holidays each calendar year. These holidays are not working days for us so please consider this in regard to turnaround time and rush charges.
• New Year’s Day
• President’s Day
• Memorial Day
• Independence Day
• Labor Day
• Thanksgiving Day
• the day after Thanksgiving Day
• Christmas Day
• the day after Christmas
Orders placed after December 12 through December 24 are subject to a 15-day turnaround time.
We understand that there are occasions when orders are needed sooner than 7-10 business days and we strive to fulfill those orders. In this case, we will assess a rush fee. If an order is being shipped, then the rush charges apply to our production time only. The amount of time it takes the carrier to get the order to you is not guaranteed by Theo and Sons Custom Merchandise. Rush orders may require payment in full to begin work. We cannot guarantee that we will accommodate all rush orders.
OUT OF STOCKS
It is unfortunate, but sometimes our vendors will run out of particular styles or colors. If this happens, we can offer a variety of possible substitute products from other vendors, or you can choose to wait until the items are back in stock. If you choose to wait for the inventory to be replenished, we cannot guarantee the turnaround time or that the items will be back in stock when the vendor says they will. If you choose a substitute garment, then we should be able to stick to our typical turnaround time unless those garments are out-of-stock as well.
Quotes expire after 30 days and are subject to change upon review of submitted artwork. Prices may be revised at the time of invoice based on actual prints.
Any print-ready art files that the customer provides must meet our format requirements and will not incur any additional fees. Art not supplied in print-ready format will need to be modified and is subject to be billed at our current rate. In which case, we will provide an estimate before doing the work.
Artwork that is submitted with a corresponding purchase order must be named in correlation with the job name and PO. Theo and Sons Custom Merchandise will print/cut art files as they are received, and we will assume that all images have been sized for final print dimensions unless otherwise stated.
In most cases, we will offer Three free designs per order. However, design fees may be applied if the scope or scale of the design changes or if the change requests exceed one round of revisions.
We will provide up to three mock-ups on our own template free of charge for every order. Additional mock-ups on our template are available upon request and may be billed at the current rate. Approval of mock-ups on our template are required regardless of how detailed customer provided mock-ups may be, including reorders. Theo and Sons Custom Merchandise will not be held responsible for any misspellings, grammatical errors, or any other design flaws when the artwork is provided by the customer.
All original artwork created by Theo and Sons Custom Merchandise is the sole property of Theo and Sons Custom Merchandise, although rights to the artwork may be purchased in addition to the design fees.
Any artwork that is provided by the customer is owned by the customer. We will not reproduce the customer’s artwork, trademarked or not, without the customer’s (or rightful owner’s) consent.
Any artwork or art file that is modified or prepared for print/cut by Theo and Sons Custom Merchandise is property of Theo and Sons Custom Merchandise.
BEST PRINT METHOD
We will always choose what we think is the best print method for your job unless you specify otherwise.
GARMENT SELECTION AND SUBJECTIVITY
We will always choose what we think are the best garment options for your project. If garment selection is sensitive, we strongly encourage ordering samples of the garments before placing an order. When the final order is received, we cannot guarantee that the customer will like the garments they chose. We do guarantee print quality at all times. We also will open our workspace to show customers samples of what we have in stock to aid the decision, but we cannot guarantee that every garment is in stock. Subjectivity, or whether or not the customer likes the garment they chose is the responsibility of the customer and not Theo and Sons Custom Merchandise. The customer is responsible for knowing the terms of the company whose garments they chose to purchase.
Theo and Sons Custom Merchandise is not responsible for mistakes or defects on behalf of the manufacturer or distributor: mislabeled sizes, inconsistent coloring, dye lots, manufacturer garment defects, etc. All garments will be counted in bulk (dozens, or however they are packaged by the manufacturer). We cannot inspect each garment or count them in individually. Manufacturer and distributor defects or mis-shipments will delay production until all garments are received. It is highly recommended to order more garments than needed for each size. All additional garments will be included in the print run and we will bill for what is printed.
CUSTOMER SUPPLIED GARMENTS
We require contract screen printing/Vinyl customers to provide us with a detailed list of garments including manufacturer, style number, color, size, and quantities of each to be printed prior to order confirmation. We may be unable or refuse to print on certain garments based on garment content.
PROOFS AND SAMPLES
Pre-press production samples cost $100 per color printed per location for screen printing, $20 per placement for Embroidery, and $10 per placement, and/or an additional $5 per color for vinyl and are subject to standard turn time. We can provide blank samples of any garment, along with previously printed samples, for far less than a printed sample.
Essentially, the quality of our work speaks for itself, and how we will gladly send examples of our print/cut work. Additionally, our mock-ups are very meticulous, and we are well educated with how our inks/vinyl work with most garments. Why waste time and money with a printed/cut sample when we can deliver the quality you want straight out the gate?
We do not offer in-house press checks.
PANTONE COLOR MATCHING
Theo and Sons Custom Merchandise will assume that we will be manually mixing the ink for your project, which will be no additional charge. You may request an exact pantone to be ordered for your project ink or vinyl, which will be billed at the current rate, and may affect the timeline. Color and pantone matching on textiles is not exact or guaranteed although we typically are able to print colors very close, if not perfectly matched. There may be a reasonable variation in color due to a number of factors. You cannot trust the colors in our mockup to be true when viewed on a monitor or printed page. Using a current Pantone book is the best way to accurately communicate color with us. If you are sensitive about the print color, then please verify against a Pantone swatch. We cannot be held responsible for a color verified against the visual mockup only.
Mistakes and Misprints
In the event that we make a terrible error in printing your shirts, then we will reprint the order for you at no additional cost. We do not offer refunds. This rarely happens and really only applies to serious mistakes like printing the wrong art, printing the wrong location, or ordering the wrong color garments.
In this (and any printing industry), misprints happen. A screen could come out of registration, we may find a defect in the garment, the garment may come from a bad dye lot, etc. There are numerous things that could go wrong, but we manage to keep misprints and defects well below 2% of all garments printed over the course of a year. This isn’t to say that your order will be guaranteed to have less than 2% misprints, this just happens to be our average. If we misprint a few of your garments then we will NOT charge you for these, and we’ll likely even throw them in with the order at no charge if they are passable. Since misprints can happen, we’d encourage you to order extra garments if you need exact quantities due to preorders or team member requests. For example, if you are ordering a single Extra Small garment for your kid, there is a chance that this garment becomes a misprint. It would be unreasonable for us to re-set up the screens just to print this single shirt, so it would be best order extra garments.
We try to minimize it, but misprints do happen, and we cannot predict when. Please work with us and plan ahead.
OVERRUNS AND UNDERRUNS
Overruns or underruns not to exceed 10% on quantities ordered shall constitute acceptable delivery. Theo and Sons Custom Merchandise will bill for actual quantity printed. In other words, we may print too many shirts (extremely rare) or we may botch a few and deliver a few less than ordered. This is the nature of the printing industry. If you REQUIRE exact quantities, then please have a conversation with us about it. In which case, we may charge an “exact quantity fee” in order to insure this, meaning that we’d order more than we need in case there is a misprint. We will return the unprinted garment and pay the restocking fee.
SETUP FEES AND KEEPING SCREENS
In some cases, we may assess a setup fee. The setup fee covers the time and resources to process the orders and create the screens. We hold onto the screens for each project for up to 30 days. This allows us to quickly produce any reorders that need to happen right away. In which case, we will waive the setup fees for all reorders within those 30 days. After a month of nonuse, we will reclaim the screens for other projects and a setup fee may be reintroduced for any reorder thereafter. unless specified in contract.
Orders can either be picked up from Theo and Sons Custom Merchandise or shipped. If picking up, please schedule an appointment with our sales team.
Shipping is not included in estimates unless specified. Shipping time is not included in turnaround time.
Once the shipment is handed over to the carrier, we cannot guarantee timeliness or exact delivery dates.
We do ship internationally to some countries. If you need an order shipped outside of the United States, then we would encourage you to contact us to make sure we service that country. Otherwise, you would need to use a shipping broker or freight forwarder like World Class Shipping in order to handle the complexities of international shipping.
We can split your order and ship to multiple locations, billable at current rates. Please let us know about the split shipment before we print and box your order, otherwise additional charges may apply.
When printing on customer supplied garments, we require a 5% misprint allowance or a minimum of 1 shirt per design per garment color, whichever is greater, with no penalty to us. Percentages are based on quantity of imprints, not quantity of garments. We strongly recommend that you order extra garments in each size, style and/or color in the event of misprints. Exact Quantities are not guaranteed and are not available on Rush Orders. Theo and Sons Custom Merchandise will not be held responsible for consequential damages such as profit loss on spoiled goods.
RECEIVING YOUR ORDER
We encourage you to check the quantities and quality of the garments you receive from us immediately. Theo and Sons Custom Merchandise cannot be held accountable for defects or problems with your order unless contacted within 48 hours of delivery.
In the event an order needs to be cancelled, refunds or return of deposits will be based on the status of the order (i.e. Have the items been ordered? Have any of the items been printed? etc.) and may be subject to penalties and/or restocking charges.
COLOR FIDELITY ON SPLIT/LINKED PRINTS
Because of the split print process, you may notice some minor color variations between the split locations. Our heat curing system can affect the dischargeablity of a fabric, which can affect the appearance of the color of the second print even when we use the exact same ink throughout the process. While we can’t guarantee an exact match for both locations every time, we will absolutely try our best and hold ourselves to the same high-quality standards we usually do.
ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Theo and Sons Custom Merchandise stands behind the quality of our screen printing, embroidery, and vinyl works. We will reproduce your graphic onto the garment with maximum accuracy, quality, and consistency. The satisfaction of the end user with the final printed product is subjective. We offer detailed mock-ups (approval by the customer is mandatory for every order), screen setup ($50 for each location/color), or pre-production samples ($100 per color printed per location for screen printing, $20 per placement for Embroidery, and $10 per placement, and/or an additional $5 per color for vinyl) for end user review. We operate under very specific and numerous quality controls, standard operating procedures, and guidelines to ensure a quality finished product, and we will not be held responsible for end user subjectivity.
Terms and prices are subject to change without notice