PLEASE CAREFULLY READ AND UNDERSTAND OUR TERMS OF SERVICE BEFORE ACCESSING, USING, OR PLACING AN ORDER THROUGH OUR SITE AS THEY FORM A BINDING AGREEMENT BETWEEN YOU AND SWAGIFY, INC. REGARDING THE USE OF OUR SERVICES AND WEBSITE.
The following terms and conditions constitute a legally binding contract (this “Agreement” or “Terms”) between you (“you” or “your”) and Swagify, Inc., a Texas corporation that governs all use by you of the Swagify.com website, including any sub-domains thereof (collectively, the “Site”) and the services available on or at the Site (taken together with the use of the Site, the “Services”). We'll refer to Swagify and all of its subsidiaries and affiliated companies collectively as “Swagify,” “we,” “our,” “us,” etc. Swagify is a print-on-demand company for businesses and individuals. Swagify white-label prints and dropships products (“Products”) directly to you and your customers (“Customers”). If you use our Services only for your personal use, you are considered a “User”. If you use our Services to execute orders or deliver Products to third parties (such as Customers), you are considered a “Merchant.”
The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein. There are also other policies and procedures, including, without limitation, our Shipping, Return, and Privacy Policies. Those policies contain additional terms and conditions, which apply to the Services and are part of this Agreement. BY ACCESSING, USING, OR PLACING AN ORDER OVER THE SITE, YOU AGREE TO THE TERMS SET FORTH HEREIN AND ARE BOUND BY THIS AGREEMENT. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Site or any other Services in any manner or form whatsoever.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. REGARDLESS IF YOU ARE A USER OR MERCHANT, SECTION 17 OF THIS AGREEMENT REQUIRES THAT ALL DISPUTES (AS DEFINED BELOW) ARISING FROM OR RELATING TO THIS AGREEMENT BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN BY JURY TRIAL OR CLASS ACTIONS, EXCEPT AS OTHERWISE PROVIDED BY SECTION 17.
To enjoy all of Swagify's benefits, you must register your account and become a member (“Member”).To complete registration, you shall provide a name, email address, and password. You may never use another user's Swagify account without that user's permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Swagify immediately of any breach of security or unauthorized use of your account. Swagify will not be liable for your or any third-party's losses caused by any unauthorized use of your account. You may be liable to Swagify and others for their losses due to such unauthorized use.
Swagify's Site and Services are intended for adults only. If you are an individual, you certify that you are at least the age of majority in your state or province of residence. If you are using the Services on behalf of an organization or entity, then you certify that you are legally authorized bind such organization or entity to this Agreement and use the Services. By using our Site, you agree to take full responsibility for your selection and use of the Services.
Swagify reserves the right, at its sole discretion, to update, modify, change, or replace any part of this Agreement and its Terms, as well as the fees and other charges for our Services, at any time. All modifications will become effective immediately after Swagify posts them on the Site. You can review the most current version of these Terms at any time by visiting https://www.swagifypod.com/terms-of-use.html. You are responsible for reviewing any and all such modifications, and you agree to review the terms of this Agreement each time you access or use the Site so that you are aware of any modifications made to this Agreement. Your continued use of, or access to, the Site following the posting of any changes constitutes your binding acceptance of those changes and this Agreement. If you do not agree to the modified terms and conditions in their entirety, you are not authorized to use the Site or any other Services in any manner or form whatsoever.
Swagify grants you a limited, non-exclusive, non-transferable, and revocable license to use our Services, platforms, and integrations subject to this Agreement and the following restrictions:
Don't Use Our Services to Violate the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply. It is your responsibility to obtain any permits or licenses that your store may require; you must not engage in fraud, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Swagify, another Swagify user, or a third party. You also agree that you are not the target of trade, financial, and economic sanctions, and that you do not appear on a sanctions-related list, including lists maintained by the U.S. Department of Treasury's Office of Foreign Assets Control (“OFAC”), the U.S. Department of State, the U.S. Department of Commerce, the European Union, or Her Majesty's Treasury of the United Kingdom. You also agree that you will not export, reexport, or otherwise transfer Swagify's Products to countries or territories that are the target of comprehensive embargoes or sanctions (including Cuba, Iran, Syria, North Korea, and the Crimea region) or parties on the sanctions-related lists referenced above. You agree not to use the Services: (i) to impersonate or attempt to impersonate Swagify, any other Swagify Party (as defined below), or any other person or entity; or (ii) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise. The following are collectively referred to as the “Swagify Parties”: (a) Swagify, (b) Swagify's subsidiaries, affiliated companies, and joint ventures, and (c) the officers, directors, members, managers, equity holders, agents, and employees of Swagify and its subsidiaries, affiliated companies, and joint ventures.
Do Not Harm Our Systems. You agree not to interfere with or disrupt Swagify Services, such as by distributing a virus or other harmful computer code into our platforms, third-party services, or other programs or systems our clients may use to promote their Products. You agree not to use the Services: (i) to send, knowingly receive, upload, download, use, or re-use any material which does not comply with this Agreement; or (ii) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm any Swagify Party or expose any of them to liability. You agree that Swagify reserves the right to audit our platforms/systems to ensure integrity and compliance with this Agreement, at the sole discretion of Swagify.
Follow Swagify Guidelines. The name “Swagify”, our iconography, phrases, logos, and designs that we use in connection with the Products or Services we provide are trademarks, service marks, or trade dress of Swagify in the US, European Union, and all other countries, that are used for proprietary purposes at our sole discretion. Except as expressly provided in this Agreement, Swagify does not grant you any rights to use its trademarks, service marks, or trade dress. You may state in connection with the Services or Products provided by Swagify that Swagify provided such Services or Products. If you use any of our trademarks in reference to our Products or Services, you must include a statement attributing that trademark to us. You must not use any of our trademarks: (i) in or as the whole or part of your own trademarks; (ii) in connection with activities, Products or Services which are not ours; (iii) in a manner which may be confusing, misleading or deceptive; or (iv) in a manner that disparages us or our information, Products or Services (including the Site). Swagify reserves the right to immediately remove any such misused iconography, phrases, logos, and designs at our sole discretion.
Suggestions and Ideas. Any unsolicited ideas or other materials you submit to Swagify (not including your Content (as defined below in Section 4) or Products you sell or warehouse through our Services) are considered non-confidential and nonproprietary to you. By submitting those ideas and materials to us, you grant us a non-exclusive, worldwide, royalty-free, non-revocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you at any time.
Communication Methods. Swagify will provide you with certain legal information in writing. By using our Services, you're agreeing to our communication methods which describe how we provide that information to you. This means that we reserve the right to send you information electronically (by email, etc.) instead of mailing paper copies.
Digital Items. Digital items (mockups, templates, images and other design assets) and texts created in connection with the Products and/or Services we offer and their intellectual property rights belong exclusively to Swagify. Digital items may only be used in connection with the advertising, promoting, offering and sale of Swagify's Products and may not be used for other purposes or in conjunction with products from other manufacturers. If Swagify provides the possibility for Users to modify or customize any Digital Items, you must ensure that the Content (as defined below) used to modify such Digital Items will comply with all intellectual property laws and our Acceptable Content Guidelines .
Any and all content (including all information, images, pictures, data, text, photographs, graphics, messages, and other materials, hereinafter “Content”) that you post, submit, upload, display, sell or use, hereinafter “post”, (such as images, your shop name, your customer reviews, comments, videos, usernames, etc.) using our Services is your Content. We don't make any claim(s) to it.
We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services, platforms, and integrations subject to this Agreement and the following restrictions in particular:
Responsibility for the Content. You are solely responsible for the Content that you post on or through the Services. You represent that you have all necessary rights to the Content, including all necessary rights to post it or use it on your Products sold, manufactured, or warehoused by Swagify. You also represent that you're not infringing or violating any third party's rights by posting the Content or using the Content on your Products sold, manufactured, or warehoused by Swagify.
Use of Your Content. Any Content that you post using our Services will remain yours. Swagify will never use your Content except with your express permission or as otherwise provided in this Agreement.
Rights You Grant Swagify. By posting your Content, you grant Swagify a non-exclusive, worldwide, irrevocable, sub-licensable, royalty-free, perpetual license to use, edit, display, modify, reproduce, store, distribute, and prepare derivative works of your Content to provide the Services and to promote Swagify and/or your Swagify store, or the Services in general, in any formats and through any channels, including across the Services, third-party website, advertising medium and/or social media. You agree and represent that you have the rights to grant this license to us.
Intellectual Property Swagify empowers you to express your voice and ideas. As such, we ask that you respect the work and creative rights of others. You must either own the Content you post to Swagify, or have the express authority to post it. Content must comply with right of publicity, trademark and copyright laws, and all other applicable national, state, and federal laws.
Infringement of Intellectual Property. Swagify will attempt to accommodate and not interfere with standard technical measures used by copyright owners to identify and protect their works. If we receive a Digital Millennium Copyright Act (DMCA) takedown notice for content you've submitted, we may remove the allegedly infringing content or suspend your access to the Swagify website. Swagify reserves the right to do any or all of the following at any time at our sole discretion: (i) immediately suspend your use of the Services; and/or (ii) remove, block, and disable access to any of your Content that is alleged to infringe the intellectual property rights of others. When we receive notice of intellectual property infringement (via the form available here), Swagify strives to respond quickly by removing, blocking, or disabling access to the allegedly infringing material. When Swagify removes, blocks or disables access in response to such a notice, Swagify makes a reasonable attempt to contact the allegedly infringing party, provide information about the notice and removal, and, in cases of alleged copyright infringement, provide information about counter notification.
DMCA Cooperation: Swagify's copyright infringement notice and Content removal policies and procedures are intended to comply with the requirements and obligations of service providers under the Digital Millennium Copyright Act (DMCA). To the extent any requirements and obligations of service providers under the DMCA change or are different than set forth herein, Swagify's policies and procedure may likewise change in accordance with the DMCA requirements and obligations of service providers. More information about DMCA procedure is available here.
Counter DMCA Notifications: If Swagify receives a DMCA counter notification, Swagify will send a copy of the counter notice to the original complaining party. Unless the copyright owner files an action seeking a court order against the allegedly infringing party and informs Swagify of this action, the removed, blocked, or disabled material may be replaced or access to it may be restored 10-14 business days after delivery of the counter notice to the original complaining party. If an action is filed, any Content removed, blocked, or disabled shall remain removed, blocked or disabled at the sole discretion of Swagify.
Repeat Infringement: Swagify may terminate account privileges of Members that are subject to repeat notices of intellectual property infringement as determined by Swagify at its sole discretion.
Copyright and Trademark Responsibility. You agree and represent by accepting this Agreement and using our Services that you own all rights (including copyrights) for the Content you post, or if you are not the owner, that you have permission to use and reproduce the Content in connection with the Services, and that you have all of the rights required to post your Content. Likewise, by accepting this Agreement and using our Services, you agree and represent that you own or have permissions to use all copyrights, trademarks, service marks, trade dress, and trade names incorporated into the Content you post or use in connection with any Content and the Services provided under this Agreement.
Inappropriate, False, or Misleading Content. You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, illegal or otherwise offensive or in violation of any part of this Agreement. You also agree not to post any Content that is false or misleading or uses the Services in a manner that is fraudulent or deceptive.
Items Your Clients Purchase Through Our Sites. Swagify cannot and does not make any warranties about your Content, stores, or what you sell to your Customer that we may warehouse. Any legal claim related to a Product your Customers purchase must be brought directly against you as the seller of the Product. You release Swagify from any claims related to Products sold by you through our Services, including claims for misrepresentations by you to your Customers, claims for physical injury, or property damage by any of your Products that are warehoused for you by Swagify.
Content You Access. Your Customers may encounter materials that they find inappropriate or offensive while using our Services. We make no representations concerning any content posted by others through the Services. Swagify is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by others that you accessed through the Services. You release Swagify from all liability relating to that content.
Services. Swagify is dedicated to making our Services the best they can be, but we're not perfect and sometimes things can go wrong. Except where otherwise inapplicable or prohibited by law, the Site and our Services are provided on an “as is,” basis with all faults and without any kind of warranty (express or implied), except for the warranties provided with respect to Products in Section 6 below. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIME ANY AND ALL WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES OR CONDITIONS IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE, WITH RESPECT TO OUR SERVICES, EXCEPT FOR THE WARRANTIES OR CONDITIONS PROVIDED WITH RESPECT TO PRODUCTS IN SECTION 6 BELOW. We do not guarantee that:
The Services will be secure or available at any particular time or location - as such, Swagify shall not be liable for any delays, interruptions or loss of data in connection with the use of our Site and Services. In the event that it is not possible to carry out the Services at the location the Services were initially intended to be performed, Swagify shall strive to ensure that the Services are carried out in other locations.
Using the Services will meet your expectations. You use the Services at your own risk.
Any errors for which Swagify is responsible will be corrected.
The Services will always be free of viruses or other harmful materials.
Using the Services will meet your expectations. You use the Services at your own risk.
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER Swagify NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS SHALL BE LIABLE TO YOU OR YOUR CUSTOMERS FOR ANY LOST PROFITS OR REVENUES, DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES OR THIS AGREEMENT, REGARDLESS OF (I) WHETHER ANY OF THE FOREGOING DAMAGES WERE FORESEEABLE, (II) WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF INCURRING ANY OF THE FOREGOING DAMAGES, (III) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (IV) ANY SPECIFIC CIRCUMSTANCES OF YOU AND/OR YOUR CUSTOMER. THE LIABILITY OF THE Swagify PARTIES WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE SERVICE THAT YOU HAVE PURCHASED OR USED THROUGH THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Please read this section carefully—it covers our responsibilities for Swagify Services.
Limited Warranty. At the time of delivery of a Product to a User or the Merchant's Customer, the Product will not be materially defective or damaged (the “Limited Warranty”). Customers residing in Brazil have the right to cancel and return their order within 7 days, for any reason.
Who Is This Warranty For? Swagify extends the Limited Warranty only to Users and Merchants. All Limited Warranty coverage terminates if the User or the Merchant's Customer sells or otherwise transfers a Product.
What Does This Warranty Not Cover? This Limited Warranty does not cover any damage to or defect in a Product caused by any of the following: (i) you or third parties; (ii) any improper handling (including during shipping), use, or storage of the Product; (iii) any failure to follow Product instructions; (iv) any modifications to the Product; (v) any unauthorized repair to the Product; (vi) any external causes such as accidents, fire, flood, “acts of God” or other actions or events beyond our reasonable control; or (vii) costs or expenses related to the loss of use of the Product or any other costs or expenses not covered by this Limited Warranty. This Limited Warranty does not cover any items supplied by third parties, size exchanges or buyer's remorse.
How Long Does This Warranty Last? This Limited Warranty starts on the date of the delivery of the Product to the User or the Merchant's Customer and lasts for thirty (30) days (“Warranty Period”). Swagify acknowledges that some User may be entitled to a longer Warranty Period under certain jurisdictions.
EWhat Are Your Remedies Under This Warranty? With respect to any materially defective or damaged Product, we will, in our sole discretion, either: (i) replace such Product (or the defective or damaged part of the Product) free of charge, or (ii) refund the purchase price paid to us by the User or the Merchant along with the shipping fees corresponding to the defective or damaged Products.
How Do You Obtain Warranty Service? Promptly following delivery of a Product, you or your Customer (if you are a Merchant) will inspect the Product. If a Product is materially defective (including any error by Swagify in printing) or damaged upon receipt, or if you received the wrong Product, then in order to be eligible for service under this Limited Warranty, you must submit a claim within the Warranty Period in compliance with our Return Policy. If you are a Merchant, your Customer should contact you regarding any defective or damaged Product and with respect to any delivery of the wrong Product.
LIMITATION OF LIABILITY. THE REMEDIES DESCRIBED IN THIS SECTION ARE YOUR SOLE AND EXCLUSIVE REMEDIES (AND OUR ENTIRE LIABILITY) FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY FOR A DEFECTIVE OR DAMAGED PRODUCT SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT RECEIVED BY US FOR THE PRODUCT, NOR SHALL WE UNDER ANY CIRCUMSTANCES, TO THE FULLEST EXTENT PERMITTED BY LAW, BE LIABLE FOR ANY LOST PROFITS OR REVENUES, DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, ENHANCED OR PUNITIVE DAMAGES OR LOSSES ARISING OUT OF OUR PRODUCTS, REGARDLESS OF (I) WHETHER ANY OF THE FOREGOING DAMAGES WERE FORESEEABLE, (II) WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF INCURRING ANY OF THE FOREGOING DAMAGES, (III) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (IV) ANY SPECIFIC CIRCUMSTANCES OF YOU AND/OR YOUR CUSTOMER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION. WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES OR CONDITIONS WITH RESPECT TO OUR PRODUCTS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THE WARRANTY PERIOD. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You need a valid payment method (e.g. a credit card, PayPal) that you are authorized to use in order to pay for Swagify Services. All fees will be charged to your payment method. You may choose to save your billing information for use in all future orders and charges associated with Swagify Products and/or Services. As such, you also acknowledge and agree that this information will be stored and processed by third party PCI DSS compliant service providers.
When you order a Product, or use a Service that has a fee, you will be charged, and you agree to pay the fees in effect at the time the order is placed. We reserve the right to change our fees (including holiday sales, discounts, etc.). The fees for the Products and the Services (as applicable), as well as any associated delivery costs will be indicated on the Site when you place an order or pay for the Service. We may temporarily change the fees for our Services for promotional events or new Services, and such changes are effective at the time when we post the promotional event or new Service on the Site or inform you individually. The sale will be submitted for processing and you will be charged following your confirmation. You may then receive an email from Swagify.
By placing an order through our Site, you represent that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder's express permission to utilize the card to effect payment. In case of an unauthorized use of a payment method, you will be personally liable for, and shall reimburse Swagify for damages resulting from such unauthorized use.
You represent to Swagify that (i) the billing information you supply to us is true, correct, and complete and (ii) to the best of your knowledge, charges incurred by you will be honored by your financial institution (including but not limited to, credit card company) or payment service provider.
Please note that if you or your Customer makes any return not in compliance with our return policies (described here ), you will reimburse Swagify for its losses, consisting of fulfillment costs and chargeback handling fees (up to $15 USD per chargeback).
We reserve the right to refuse to process a transaction for any reason or refuse to provide Services to anyone at any time at our sole discretion. Swagify is not liable to you or any third party by reason of refusing or suspending any transaction before or after processing.
Unless stated otherwise, you may choose currency from the options available at the Site in which all fees and payments will be quoted. You are responsible for paying all fees, payments and applicable taxes associated with our Site and Services. After receiving your order you may receive an email from us with the details and description of the Products ordered. Payment of the total price plus taxes and delivery must be made in full before the dispatch of your Products.
Swagify may, at its sole discretion, offer various discounts, as well as change, suspend or discontinue them at any time. More information about the available discounts can be found on the Site, in marketing and promotional emails, or via other channels or events Swagify may use or participate in.
Some of Swagify's Services are provided on a subscription basis. If you purchase a subscription, the subscription will automatically renew at the then-current rate for the subscribed product or service, until you notify us of your decision to terminate your subscription. Prior to billing you for the renewal term, Swagify will email the address that you have on file for your account about the length and price of the renewal term. By allowing the renewal to proceed, you have provided your electronic authorization for future charges against the credit card or PayPal account that you have on file. You further agree that your subscription fee(s) will be billed automatically at the beginning of each renewal period at the then-current rate (plus sale tax, if applicable) to the credit card(s) or PayPal account you have on file. If you have more than one card on file, the first card will be used. If you have more than one credit card on file, and one or more credit cards has expired, we will use the unexpired credit card.
You may cancel your subscription(s) at any time prior to the renewal term. To cancel your membership, please contact us by email at support@Swagify.com.
All Products available for purchase are described on their specific page on our Site. We always try to represent each design as accurately as possible via photography and copy points provided by designers, artists or photographers.
Swagify reserves the right to amend the specifications of Products, their price, packaging, and any Service associated at any time, without prior notice. Before ordering, we invite you to have a close look at the Product description and design.
Despite our commitment in making our product development process the best we can, we can't guarantee that the product representations (colors, sizes, and image details) on our website will be 100% accurate or that the manufacturing stage won't result in damages.
Products can sometimes be damaged during the manufacturing process. We won't knowingly ship damaged items to you (your Customers), but these damaged items can still be used for charitable purposes. Swagify reserves the right to donate all damaged items with full or partial designs to charity and you hereby waive your right to collect royalties or other fees regarding damaged Products that are donated.
If a Product a Merchant has ordered goes out of stock and the Merchant has not opted-out of Product alternatives in store settings, the Product might be substituted at Swagify's own discretion and without any express notification with the most appropriate Product alternative. This is done to avoid fulfillment delays. In the event we cannot find a comparable replacement, the Merchant will need to wait for the original Product to be restocked. If the Product alternative costs more than the original Product being substituted, Swagify will charge the price Merchant has paid for the order of the Product. For Product alternatives that cost less than the original Product, Swagify will refund you the difference. To opt-out of alternative Products, you can change it in the store settings. Unless the Merchant has opted-out of Product alternatives in the store settings, Merchant is solely responsible for informing Merchant's Customers about the Product being substituted with a Product alternative.
Your order is purchase of a Product for which you have paid the applicable fee and/or other charges that we have accepted and received. Any Products in the same order which we have not accepted do not form part of that contract. We may choose not to accept any orders in our sole discretion.
Orders are placed and received exclusively via the Site. It is your responsibility to check and determine full ability to receive the Products before ordering. Correct name of the recipient, delivery address and postal code/zip code, up-to-date telephone number, and email address are necessary to ensure successful delivery of Products.
All information on the checkout page must be filled in precisely and accurately. Swagify will not be responsible for missed deliveries because of typos, such as a wrong or misspelled recipient name, delivery address, or an inappropriate phone number. Please contact Swagify in the event you would like to ask for a change in the delivery address, phone number, or any other special requirements.
We reserve the right to place your order on hold due to print file issues, security concerns, address confirmation, or other issues. In the event your order is placed on hold, Swagify will give you 30 days to resolve the issue. If you do not resolve the issue or cancel your order within 30 days, we will cancel the order. If your order is cancelled, we will only make a refund if work on your order has not begun.
It may not be possible to edit or cancel an order once you have confirmed it. If you want to change certain details, Customer addresses, etc., please check whether such an option is available in your account. Swagify is not bound to make such modifications to your order, but we will do our best on a case-by-case basis.
The risk of loss of, damage to, and title for Products pass to you upon our delivery to the carrier. If you are a User, it shall be your (or if you are a Merchant, your Customer's) responsibility to file any claim with a carrier for a lost shipment if carrier tracking indicates that the Product was delivered. In those cases, Swagify will not make any refunds nor resend the Product.
If carrier tracking indicates that a Product was lost in transit, you or your Customer may make a written claim for replacement of (or credit to the Member's account for) the lost Product in compliance with Swagify's Return Policy. For Products lost in transit, all claims must be submitted no later than 30 days after the estimated delivery date. All such claims are subject to Swagify investigation and sole discretion.
You/Customer shall cover the cost of delivery. Delivery prices are additional to the Product's price and may vary depending on delivery location and/or sort of Products, and additional charges may be added to the order for remote or difficult to access locations that require special attention. Flat rate delivery charges are shown on our checkout page; however, we reserve the right to advise you of additional delivery charges that apply to your specific delivery address.
While we provide delivery estimates, we cannot guarantee delivery dates and to the extent permitted by law accept no responsibility, apart from advising you of any known delay, for Products that are delivered after the estimated delivery date. Average time for delivery may be shown on the Site. It is only an average estimation, and some delivery can take longer, or alternatively be delivered much faster. All delivery estimates given at the time of placing and confirming order can be subject to change. We will attempt to contact you and advise you of all changes. We try our best to make Product delivery as simple as possible.
Ownership of the Products will pass to you/Customer after Swagify receives full payment of all sums due in respect of the Products, including delivery charges and taxes, and the Products are delivered to the carrier.
We make no guarantees with respect to any collaboration we undertake with you, including any collaboration with respect to Services, Products (including new Products) or any integration with a vendor platform.
Violation of this Agreement or any other rules will result in the termination of your Swagify account. When using Swagify services, you must follow our policies.
Swagify and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Services. Without limiting the foregoing, Swagify and its designees shall have the right to remove, block, and disable any Content. You must evaluate and to the extent permitted by law, bear all risks associated with the use of any Content, including reliance on the completeness, usefulness, or accuracy of such Content. In this regard, you may not rely on any Content created by Swagify or submitted to Swagify, including information in Swagify collaborations, posts and in all other parts of the Swagify Services.
Without limiting other remedies, we may suspend, limit, or terminate our Services and your account, prohibit access to our Site, delay, block, remove, or disable hosted Content, and take technical and legal steps to keep you off the Site if we think that you are breaching this Agreement, creating legal liabilities, or acting inconsistently with the letter or spirit of our policies. We reserve the right to cancel unconfirmed accounts or accounts that have been inactive for extended periods of time. You are responsible for providing accurate and truthful information to Swagify (including your name if you are a User or retail price if you are a Merchant). If you have provided Swagify with inaccurate or false information, (a) you shall be liable to Swagify for damages and losses (including but not limited to taxes) arising out of such inaccurate or false information; (b) you shall reimburse such damages and losses (including but not limited to taxes) to Swagify; and (c) Swagify shall have the right to charge you for such damages and losses (including but not limited to taxes) and otherwise limit or suspend your access to the Services.
To the fullest extent permitted by law you will defend, indemnify, and hold Swagify and all other Swagify parties harmless from any claim or demand made by any third party (including, but not limited to, your Customer), as well as any and all damages, losses, liabilities, judgments, costs, reasonable attorneys' fees, and other expenses of every kind and nature, known and unknown, incurred or suffered by the Swagify Parties, relating to or arising out of (a) your breach of these Terms, the Policies they incorporate by reference, or this Agreement; (b) your use (or misuse) of our Services; (c) your Content; (d) the infringement by your Content or your account of someone else's intellectual property or other rights; (e) your violation of any law or the rights of a third party; or (f) if you are a Merchant, any claims related to products or items sold by you through our Services, including claims for misrepresentations by you to your Customers and claims for physical injury or property damage by any of your products or items that are warehoused for you by Swagify. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
To the fullest extent permitted by law you release Swagify and all other Swagify parties from any and all claims and demands, as well as any and all damages, losses, liabilities, judgments, costs, reasonable attorneys' fees, and other expenses incurred or suffered by any Swagify party, of every kind and nature, known and unknown, relating to or arising out of any right, claim, or matter (i) which is disclaimed by Swagify (or for which Swagify provides no guarantees) under this Agreement; or (ii) for which Swagify is otherwise indemnified or released by you under this Agreement.
This Agreement, and all disputes and claims arising out of or in connection with this Agreement or its subject matter or formation including non-contractual disputes and claims, are governed by the laws of the State of Texas, without regard to its conflict of laws rules.
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
“Claim” means all disputes and claims arising out of or in connection with this Agreement or its subject matter or formation including non-contractual disputes and claims. All Disputes shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules (“Commercial Rules”) in effect at that time. The Rules are deemed to be incorporated by reference into this Agreement. As of the date of this Agreement you can find them here or by calling the AAA at 1-800-778-7879. The Federal Arbitration Act applies to this Agreement. The arbitration shall be administered by the AAA and shall be conducted by a sole arbitrator selected in accordance with the Commercial Rules unless otherwise mutually agreed by the parties. Unless Swagify and you agree otherwise, any arbitration hearings will take place in Stafford, Texas, except that, for Users, any arbitration hearings will take place in the county of your residence. Judgment on any arbitration award may be entered and enforced by any court that has jurisdiction to do so. Any arbitration will take place on an individual basis and neither the arbitrator nor AAA are empowered to conduct a class arbitration, class action or to resolve claims of more than a single claimant in anything other than a single proceeding, unless both parties consent. You and Swagify acknowledge that AAA may conclude that the Consumer Arbitration Rules or the Rules for the International Centre for Dispute Resolution may be more appropriate in certain cases. You and Swagify agree to abide by the decision of the AAA as to the applicable rules in cases where a party may assert that the Commercial Rules are not appropriate.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND SWAGIFY KNOWINGLY, VOLUNTARILY, IRREVOCABLY AND ABSOLUTELY WAIVE ALL RIGHTS TO A TRIAL BY JURY OF ANY AND ALL DISPUTES (AS DEFINED ABOVE). THIS JURY TRIAL WAIVER IS INTENTIONALLY MADE AS YOU AND SWAGIFY WOULD PREFER TO RESOLVE ALL DISPUTES (AS DEFINED ABOVE) AS PROVIDED BY THIS SECTION 17. THIS JURY TRIAL WAIVER IS A MATERIAL INDUCEMENT TO ENTERING INTO THIS AGREEMENT. FURTHERMORE, YOU AND SWAGIFY KNOWINGLY, VOLUNTARILY, IRREVOCABLY AND ABSOLUTELY WAIVE ALL RIGHTS TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION OR OTHER FORM OF JOINT DISPUTE RESOLUTION WITH OTHER PARTIES.
Notwithstanding the foregoing, you may instead assert your claim in “small claims” court if you provide us with written notice of your intention to do so before any claim is submitted to arbitration and provided that (i) your claim qualifies; (ii) your claim remains in such court; and (iii) your claim remains on an individual, non-representative, and non-class basis.
Also, notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.
You and Swagify each agree to bear 50% of all fees and expenses of the AAA and the arbitrator except as otherwise provided by the Commercial Rules (or, if applicable, the Consumer Arbitration Rules or the Rules for the International Centre for Dispute Resolution). The arbitrator may award such fees and expenses of the AAA and the arbitrator as well as other expenses and reasonable attorneys' fees to a prevailing party consistent with the provisions of the Commercial Rules (or, if applicable, the Consumer Arbitration Rules or the Rules for the International Centre for Dispute Resolution).
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions. Headings are for reference purposes only and do not limit the scope or extent of such section. Any failure by Swagify to assert a right or provision under this Agreement with respect to a breach shall not constitute a waiver of such right or provision to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
No agency, partnership, joint venture, employee-employer, franchisor-franchisee relationship, etc. is intended or created by this Agreement.
Swagify will not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in Swagify's performance under this Agreement when such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, such as any fire; flood; earthquake; governmental action; war, invasion or hostilities; national emergency; explosion; terrorist threat or act; riot or other civil unrest; insurrection; epidemic; lockout, strike or other labor dispute (whether or not relating to our workforce); inability or delay in obtaining supplies; telecommunication breakdown; or power outage.
You represent that you have all necessary permits to grant us with Customer's personal data to fulfill this Agreement.
Swagify and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of Swagify's business is transferred to another entity by way of merger, sale of its assets or otherwise.
If you have any questions about our Services or this Agreement, you please contact us by email at support@Swagify.com.
You may also contact us by phone at ######### and mail at Swagify, Inc., 4855 Alpine Rd., Suite 190, Stafford TX 77479.