TERMS & CONDITIONS
By placing an order with us, you are hereby bound to the following terms and conditions.
- Payment Terms
1. Orders will require prepayment or payment in full upon completion unless other payment terms are agreed upon before your order is submitted. Any other payment terms must be in writing and approved by an authorized representative of Creative Over.
2. Production will not be scheduled until payment terms are followed. - Estimates
All estimates will expire 30 calendar days from the date they were created. - Orders
1. After you accept our estimate, it will be converted into an order. Your order will provide details of requested products and services including products to be imprinted, design(s) to be imprinted, thread and/or ink colors to be used, imprint size(s) and imprint location(s).
2. If digitizing is required for a design, one sew-out will be provided per digitizing fee. Additional sew-outs for the same design may incur additional charges.
3. You must approve your order and all related artwork, samples, and/or sew-outs before the order is scheduled for production.
All items must be brand new items.
- Design Submission
1. In order to use a design, you must have the full rights to use the design. If you are unsure or have doubts over ownership, please confirm your ownership, or seek permission from the copyright owner.
2. When you provide a design to Creative Over, you agree to the following terms:
● You hold the commercial rights to reproduce the design.
● If for any reason the legal owner of a provided design contacts Creative Over, they will be directed to you.
● You understand illegal use of third-party copyright content is a serious offence and can lead to penalties.
3. All designs must be submitted with a corresponding purchase order or job name.
4. You agree to hold harmless and fully indemnify and defend Creative Over and its related entities, officers, executives, directors, and employees (“Indemnitees”) with respect to any and all claims asserted by third parties arising out of, or in any way related to, the use of the design you submit. Your obligations under this provision include, but are not limited to, the duty to defend and indemnify the Indemnitees with respect to claims based on copyright, trademark, or any other intellectual property rights. - Imprint Size
1. The imprint size must be noted on the order.
2. Designs will be sized for the smallest sized garment within an order. For example, if an order contains both youth and adult sized garments that are to receive the same imprint, the imprints will be sized for the smallest youth sized garment. - Imprint Placement
1. The imprint placement will be specified on the order.
2. The precise location of each imprint may differ slightly on each garment. - Pre-Production Sample
Pre-production samples are available upon request. These samples will require standard turnaround times and may incur a minimum fee. - Order Turnaround
1. Most orders are completed within 6-9 business days after order and artwork and/or sew-out approval. This does not include company holidays, days in transit or custom art time.
2. Orders requiring individual poly-bagging, may require longer turnaround times.
3. Turnaround times are approximate and are not guaranteed.
4. Creative Over will not be responsible for any direct, indirect, and/or consequential damages, including but not limited to loss of profits, related to delayed turnaround times. - Rush Orders
1. We may accept rush orders depending on production availability for an additional charge. Please confirm availability before placing a rush order.
2. Rush orders may not be cancelled after an order is approved. - Change Orders
1. Change orders are generally not accepted once an order is approved. This includes, but is not limited to, changes in designs, colors, quantities, and sizes.
2. In the event change orders are accepted, turnaround time will also increase, and you may incur additional charges. - Cancellations
1. Cancellations of approved orders will be subject to any fees incurred in processing your order.
2. Rush orders may not be cancelled.
3. All cancellations must be made by written request. - Returns/Refunds
1. Defective or misimprinted items may be returned for a partial refund or request for rerun of items within 48 hours from receipt by customer. If the order is shipped, receipt is presumed 3 business days after ship date of order.
2. No refunds or reruns will be offered for defective or misimprinted items supplied by customers.
3. All returns, reruns and refunds must be approved by Creative Over’s management. - Spoilage/Supplier Defects/Other Defects
1. Creative Over will not be responsible for spoilage up to 2% of orders over 50 units or one unit under 50 units. Damages are limited to $30 per unit maximum.
2. Exact quantity orders are not available. In the event your orders require exact quantities, we encourage you to purchase extra pieces.
3. Creative Over will only bill for finished and non-defective products. Imprints on flawed items supplied by customers will be billed.
4. Extra production time will be necessary in the event any items require replacement.
5. Creative Over will not be held responsible for damages including, but not limited to, loss of profits on spoiled or defective products due to imprinting.
6. We cannot replace customer supplied items or refund the cost of items from suppliers that we do not have established accounts.
7. Imprint colors may have small color variations and imprint placements may vary from item to item. Such small variations shall not be replaced. - Handling
All orders that require shipping may incur a handling fee per order. This fee will be added to the final invoice or included in the shipping cost for the order. - Packaging
1. Most orders are bulk packaged in groups sorted by garment style, size, and color.
2. We do offer individual folding and packaging for an additional fee.
3. We typically reuse shipping boxes that may include supplier branding from prior shipping.
4. If new boxes are requested, the order will incur an additional charge per box. - Shipping
1. We ship all orders Fedex Ground unless rush services or customer pickup is preferred.
2. Customers are responsible for the cost of shipping, including but not limited to handling fees, pickup charges, and any taxes and/or tariffs incurred.
3. Shipping prices will be determined on the day the order is shipped and will be added to the order invoice.
3.We do not accept third-party shipping accounts. However, we’re happy to provide box details (dimensions, weight, etc.) so you can generate your own shipping label (Fedex or UPS).
Alternatively, you may use our FedEx account for shipping, and the charges will be added to your invoice. Please be advised that the maximum insurance coverage provided per box is $100 unless additional coverage is requested by the customer (additional fees may apply).
- Other Terms and Conditions
1. Customer agrees to pay Creative Over’s costs and expenses for the enforcement of any of these terms and conditions, whether incurred in connection with any default, collection, or otherwise related to customer.
2. Customer agrees to pay any service charges or other costs incurred by Creative Over for payments that are returned for insufficient funds or dishonored for any reason.
3. In the event of litigation, the exclusive jurisdiction and venue shall be San Diego County, California.
4. This agreement shall be governed by, construed, and enforced in accordance with the laws of the State of California.
5. Creative Over reserves the right, at any time and without notice, to refuse customer orders, or make additions, deletions or changes to these terms and conditions.
6. These terms and conditions supersede any terms and conditions that may have previously been in effect or that may have been requested, proposed, or discussed by customer and/or Production Embroidery.
7. A paper copy of these terms and conditions may be obtained by contacting
info@creativeover.com