1. General: These terms and conditions govern all sales of promotional products by Swag-U ("Seller") to the customer ("Buyer"). Placement of an order constitutes acceptance of these terms.
2. Orders and Acceptance: All orders are subject to acceptance by Swag-U. Swag-U reserves the right to reject any order. Order acceptance occurs upon written confirmation or commencement of production.
3. Artwork and Intellectual Property:
* Buyer warrants that they possess all necessary rights and licenses to use submitted artwork.
* Seller is not responsible for copyright infringement arising from Buyer-provided artwork.
* Buyer grants Swag-U a limited license to use artwork for production and order fulfillment.
* Swag-U may retain digital copies of artwork for order history and potential reorders, unless explicitly requested otherwise by the buyer in writing.
* Swag-U reserves the right to refuse to reproduce artwork deemed offensive or inappropriate.
* Swag-U is not responsible for minor variations in color or placement of artwork due to production processes.
* Buyer approves proof of artwork before production begins. Any changes after proof approval may incur additional charges.
4. Payment Terms:
* A deposit of 50% is required once proof is approved.
* Full payment is due 5 days from the invoice date, unless otherwise agreed in writing.
* Late payments may incur a 5% monthly interest charge.
* Swag-U accepts Visa, Mastercard, American Express and Discover.
* Swag-U retains ownership of goods until full payment is received.
5. Production and Delivery:
* Estimated production and delivery times are provided as a guideline and are not guaranteed.
* Swag-U is not liable for delays caused by factors beyond its control, including but not limited to supplier delays, shipping disruptions, or natural disasters.
* Shipping costs are the responsibility of the Buyer, unless otherwise agreed.
* Risk of loss or damage to goods passes to the Buyer upon delivery to the carrier.
6. Returns and Refunds:
* Claims for defective goods must be made in writing within 10 days of delivery.
* Returns are only accepted for defective goods or errors caused by Swag-U.
* Customized or imprinted products are non-returnable and non-refundable, except in cases of Swag-U’s error.
* Refunds, if applicable, will be issued upon receipt and inspection of returned goods.
7. Limitation of Liability:
* Swag-U’s liability is limited to the purchase price of the goods.
* Swag-U is not liable for any indirect, consequential, or incidental damages.
8. Governing Law:
* These terms and conditions shall be governed by and construed in accordance with the laws of Minnesota/Hennepin County.
9. Entire Agreement:
* These terms and conditions constitute the entire agreement between the Buyer and Swag-U.
10. Changes to Terms:
* Swag-U reserves the right to modify these terms and conditions at any time.
11. Cancellation:
* Orders cancelled after proof approval or production commencement may be subject to cancellation fees.