By submitting your order form you (“you” or “your” or “customer”) agree to the Damascus Apparel dba Damascus Apparel (“Damascus” or “Printer” or “We”) terms and conditions set forth below.
Terms of Sale:
Full payment, including shipping and handling, is required for your order. No work will proceed until payment is received. Requests for refunds are evaluated and granted on a case-by-case basis. In Damascus Apparel’ sole discretion, it may request work to be returned prior to issuing a refund. There are no partial refunds for work not completed.
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in San Diego, County, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction.
Refund Policy:
All sales are final. Subject to all the other requirements of this Agreement, no refunds are available on orders unless work has not been started and the refund is requested the same business day. Refunds may take up to 21 business days to be issued.
You are 100% responsible for your digital file(s): If your files are not submitted properly Damascus Apparel cannot be held responsible. DAMASCUS APPAREL WILL NOT DOUBLE CHECK YOUR FILES, SIZES, OR APPROVED ARTWORK SUBMITTED THROUGH THE ONLINE ORDER FORM. Please be sure to proofread your document very carefully and inspect your file preview.
Color Accuracy:
Damascus Apparel will reproduce color from submitted images, transparencies, slides, photos, or digital layouts as closely as possible, but cannot exactly match color and density (as viewed in a 5000K light booth) because of limitations in the printing process, as well as neighboring image ink requirements. We accept no responsibility for color variations between submitted images and the actual artwork or product they represent. We try our best to match CMYK colored / pantone inks to the digital mock-up submitted –
Limited License:
Part of the work and services hereunder may contain photographic images, designs and other copyrighted works licensed by unrelated third parties to you (the “Third Party Copyrighted Works”). Your limited rights to use the Third Party Copyrighted Works will be subject to the terms and conditions of the Third Party Copyrighted Works Agreement between yourself and the copyright owner of the Third Party Copyrighted Works (the “Third Party Copyrighted Works Agreement”). Damascus Apparel makes no representation or warranty about the validity of the Third Party Copyrighted Works or anything relating thereto.
Indemnification:
The customer will indemnify and hold harmless the printer, Damascus Apparel., from any and all loss, cost expense, and damages on any and all manner of claims, demands, actions and proceedings that may be instituted against the Printer on the grounds alleging that: (a) said printing violates any copyright or any proprietary right of any person; or (b) any other material breach of an obligation by customer arising out of this Agreement; or (c) any violation of an applicable rule, regulation, statute or law by customer
Disclaimer of Warranty:
No Warranty – CUSTOMER ACKNOWLEDGES AND AGREES THAT EXCEPT AS MAY OTHERWISE BE EXPRESSLY PROVIDED HEREIN, THE WORK AND SERVICES ARE PROVIDED “AS IS”; THAT DAMASCUS APPAREL MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE ACCURACY, COMPLETENESS OR CURRENCY OF THE WORK AND SERVICES HEREUNDER, INCLUDING THE THIRD PARTY COPYRIGHTED WORKS; AND THAT EXCEPT AS MAY OTHERWISE BE PROVIDED IN THIS AGREEMENT ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND GUARANTEES, WHETHER EXPRESS OR IMPLIED, AND WHETHER ARISING BY LAW, CUSTOM, ORAL OR WRITTEN STATEMENTS OF DAMASCUS APPAREL OR ITS AGENTS, EMPLOYEES OR OTHER REPRESENTATIVES, OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT) ARE HEREBY SUPERSEDED, EXCLUDED AND DISCLAIMED. WITHOUT LIMITING THE FOREGOING, DAMASCUS APPAREL EXPRESSLY DISCLAIMS ANY WARRANTY WITH RESPECT TO THE DESIGN OR OPERATION OF ANY OF THE WORK OR SERVICES HEREUNER.
Limitation of Liability:
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT IN NO EVENT SHALL DAMASCUS APPAREL OR ANY OF ITS SUBCONTRACTORS, EMPLOYEES, REPRESENTATIVES OR AFFILIATES BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, WHETHER ARISING UNDER, OR IN ANY WAY RELATING TO, THIS AGREEMENT OR ANY OTHER AGREEMENT BETWEEN THE PARTIES, FOR (I) ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR SPECIAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE (AND WHETHER OR NOT CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED UPON LOST GOODWILL, LOST PROFITS, LOSS OF USE OF MONEY, LOSS OF DATA OR INTERRUPTION IN ITS USE OR AVAILABILITY, STOPPAGE OF WORK, IMPAIRMENT OF ASSETS OR OTHERWISE, OR (II)) ANY AMOUNT IN EXCESS OF TWO HUNDRED DOLLARS ($200.00) OR THE FEE AMOUNTS OF ANY ORDER UNDER THIS AGREEMENT, WHICHEVER AMOUNT IS LESS.
Delivery:
Quoted turnaround times start when we verify your order, provided we have the files needed to print your job, not from when the order is first submitted. Turnaround times vary and are not guaranteed.
No shipping changes can be made once the order is in production.
Turnaround:
For purposes of this Agreement, business days are defined as Monday to Friday and do not include weekends or holidays. Orders submitted on Saturday, Sunday or holidays will begin on the next business day. Damascus Apparel is not responsible for delays caused by delivery carriers or any damages resulting from the failure to receive a job on time. Orders may not be ready on time due to unforeseen circumstances such as breakdown of equipment, power outages etc. therefore turnaround times are not guaranteed.
The selected turnaround for the job will reset if the provided files are replaced or if they do not meet our specifications for optimum printing. All custom orders that require bindery and/or any special handling other than just printing will add additional time to be completed in addition to the printing turnaround selected.
Changing files that have been sent to press: As a courtesy to our customers, Damascus Apparel allows replacement of files sent to the press but not yet printed depending on the job status: At Prepress: 1 free incident of replacing files per order, turnaround time reset based on the time the replacement files are received by Damascus Apparel. Ready for Press: Once we have checked your file and it is ready for press we cannot accept replacement files beyond this point. In addition, once the order is in production, it can no longer be cancelled, placed on hold or change anything that is production related such as quantity, adding or deleting items, and/or changing color schemes.
Complaints:
All complaints must be registered within thirty (30) days of receipt of job. Should the job contain manufacturing errors and/or defects, we would rerun at no charge. Damascus Apparel maintains the right to judge what may constitute a manufacturing defect or error.
Sales Tax:
All California orders are subject to sales tax. If customer is tax exempt, exemption certificate must be sent or faxed to us with the first order. Material and Samples: All materials we create in producing your job are the property of Damascus Apparel. These materials will not be sold or given to any other party. We reserve the right to distribute free samples of your printed piece and use your artwork in our advertising, promotion, or marketing.
Satisfaction Guarantee:
At Damascus Apparel your satisfaction is our priority and we stand behind the quality of our products and services. If for any reason you are not 100% satisfied with your order, contact our Customer Care team at http://damascusapparel.com/customerservice within 30 days from the date you receive your order and we will reprint your order or in some cases issue a full refund excluding any postage and shipping costs.
Customer satisfaction is very important to us and we are committed to high quality standards. However, there are some conditions beyond our control that are not covered by this guarantee:
Spelling, punctuation or grammatical errors made by the customer.
Submission of low resolution or low quality images.
Design or color selection errors submitted by the customer
Incorrect shipping address, undeliverable packages, or other errors created by the customer.
We will reprint orders damaged or lost by the shipping carrier but will need photographs to submit to the shipping carrier.
Damage to the products arising after delivery to the customer.
We reserve the right to have you return the original order, before reprinting or refunding your order.
This guarantee does not cover fees for mailing services, postage or associated incidental or consequential damages or claims. Next Day Flyers is not liable for U.S.P.S. errors, including loss or delay.
This guarantee is limited to reprint of the original order quantity or refund of the purchase price of the order. We are not responsible for any damages or claims incurred by you or your business caused by receiving printed materials which are defective or incomplete or which you receive later than the estimated delivery date.
Please review your design carefully prior to submitting your order. In an effort to keep our costs low and provide you with a fast turnaround time, Damascus Apparel does not proof your artwork prior to printing.
All orders subject to Damascus Apparel’ Terms & Conditions.