Terms and Conditions

TERMS AND CONDITIONS

Payment

For all new and returning internet customers, payment authorization for the full amount of the order is due at the time of placement of the order. At this time, we only accept payments via PayPal. If paying via credit card, FoxDye will “authorize” the sale amount at the time of order to verify with your bank that the funds are available and that you are the authorized cardholder. All sales are final.

Seller does not have the responsibility to commence work until this amount is collected. Unless provided for in advance, the balance of the purchase price is to be paid at the time of delivery, or attempted delivery by seller or his agent, by credit card, certified check or money order payable to the seller. Unless on account, all orders must be paid in full before goods can depart seller’s location. Claims for tax exemption must be supported by a tax number or certificate at the time of order placement. No refunds shall be made if a certificate is provided subsequent to the transaction.

Non-Payment According to Agreed Upon Terms

Buyer agrees to pay a late payment charge on all overdue balances in an amount not to exceed the legal limit. Should seller choose to pursue collection of this debt in a court of law, and should seller prevail, buyer further agrees to pay the reasonable legal and collection expenses of the seller. Until payment is received, seller shall have the right to retain possession of and shall have a lien upon all of buyers property, or property for which buyer is a custodial or third party agent, (in the case of an ad agency agreement with a third party end user) which is in the possession of the seller, including but not limited to artwork, films, raw materials, substrates, work in progress and finished work.

Turnaround Time (Production Time per order) (for Physical Products / Services)

FoxDye standard production time for small quantities of orders is 7-14 business days, or sooner unless otherwise specified. FoxDye standard production time for larger quantities of orders is 15-25 business days, unless otherwise specified. FoxDye will notify seller during the production process on the status of the order (completed, shipped, etc.). FoxDye will always try to expedite orders in the most prompt manner when possible.

Turnaround Time (Production Time per order) (for Virtual Products / Services)

FoxDye standard production time for virtual products and services will always be determined by the needs and content required for successful completion of the product/service. FoxDye will notify seller during the production process on the status of the order (completed, shipped, etc.). FoxDye will always try to expedite orders in the most prompt manner when possible.

Shipping and Delivery Time (per order, within the United States)

FoxDye standard shipping and delivery time for small quantities of orders is 5-7 business days, unless otherwise specified. FoxDye standard shipping and delivery time for larger quantities of orders is 7-14 business days, unless otherwise specified. All shipped items are used with trackable services. FoxDye will always try to expedite orders in the most prompt and safest manner possible.

Shipping and Delivery Time (per order, Internationally)

FoxDye standard shipping and delivery time for small quantities of orders is 14-30 business days, unless otherwise specified. FoxDye standard shipping and delivery time for larger quantities of orders is 14-30 business days, unless otherwise specified. All shipped items are used with trackable services. FoxDye cannot be held responsible for delivery times unless upgraded shipping options are chosen.

Quality of Artwork and T-Shirt Designer Format

  • FoxDye will print on materials at varying sizes. There is no standard size across all products.
  • When providing content to print via FoxDye services. FoxDye recommends high quality artwork to ensure high quality printing.
  • A recommended 300 DPI quality image is perfect for printing, anything lower will not result in the highest quality print during production.
  • Image formats preferred: .PNG, .JPG
  • OPTIONAL FILE FORMATS: .EPS, .SVG, .PSD, .AI

Ownership of Artwork and Materials

FoxDye does not own any designs or ideas uploaded to our servers or any designs that printed or embroider in-house for it’s clients.

Customer and User retain all rights to their artwork, designs, ideas and intellectual property that is submitted for quotes or printing through FoxDye.

Customer and User holds responsibility for artwork, designs, ideas and intellectual property that is submitted for orders through FoxDye. FoxDye does not claim and will not be responsible for any type of artwork, designs, ideas and intellectual property submitted through FoxDye.

To legally operate, we need to have the ability to use the images you upload. This is called a license. A Customer/User FoxDye account allows the individual/group to give FoxDye a free license to use the images for the following purposes:

  • Printing or embroidering onto ANY items ordered from FoxDye.com or it’s subsidiaries and affiliates.

All films and screens created by or furnished by the seller remain as sellers exclusive property. No use of same shall be made, nor ideas obtained there from be used, except upon compensation to be determined by the seller, or unless otherwise agreed to in writing. Written artwork approval is required on all new art including customer furnished pieces.

FoxDye agrees not to share your ideas or designs with any person or entity not employed with or contracted by our company for the use of supplying you a quote or printing your order. We reserve the right to duplicate uploaded content for internal and marketing purposes.

Copyright Indemnification

In the event that seller is to imprint at the request of buyer a likeness of a person, product, or any other thing, either provided by the buyer or provided by the seller at the buyer’s request, buyer hereby represents that said likeness is being produced with the knowledge and consent of the individual or entity having the rights thereto. On request by seller, buyer shall provide evidence of authority to produce such likeness Buyer agrees to hold seller free and harmless from all liability and indemnify seller from the loss, damage or injury which he may suffer as a result of the reproduction of the likeness requested by the buyer.

General Warranty

Seller warrants that the goods are as described in this agreement. However, seller disclaims all express and implied warranties of merchantability and warranty of fitness for a particular purpose, unless specifically agreed upon in writing and made part of this agreement.

Dye Lots

Due to market conditions and manufacturer garment mill variances beyond the seller’s control, seller cannot guarantee consistency of dye colors throughout an individual order or from one order to the next.

Color Matching

PMS matching is available upon request. PMS matching is only a guideline. Due to the differences between paper and textiles or other substrates this is not guaranteed.

Minimums & Reorders

Due to the time involved in setting up an order we require a minimum of one dozen pieces per screen. Reorders are required at the same rate.

Substitutions

Seller reserves the right, when necessary, to substitute material of equal or better quality without notification. If you would not like any substitutions with your order, please notify us at the time of ordering.

Over-runs or Under-runs

Over-runs and under-runs not to exceed the industry standard 2% of the amount ordered will constitute acceptable delivery unless otherwise specified. An appropriate credit will be made for the under amount. All under-runs shall be charged at the unit price of the order. If buyer requests “no less than” or “Ship Complete” delivery, we will do our best to accommodate a complete order as specified.

Purchase of Manufactured Defected Goods

Buyer shall have the right to purchase manufactured defected goods for cause at a discount of 27%. As to those goods not purchased by buyer, seller shall have the right to sell them as seconds, unless the buyer has furnished the goods on which the printing has been done, in which buyer shall have the right to the goods.

Acceptable Production Standards

We reserve the right, per industry standard, to have an error rate plus or minus 10% of the total production rate per any given order.

Goods Supplied by Buyer (Customer Supplied Garments)

Goods on which printing is to be done and furnished by buyer shall be properly packed, free from dirt, grit, torn fabric or materials and of proper quality for printing requirements. Additional costs due to delays or impaired production because of improper packing or quality of goods furnished by buyer shall be charged to buyer at prevailing shop rates. Any goods supplied by buyer are at his risk based on differences in wash fastness and absorption qualities of fibers. Stock provided by buyer for four color process printing shall be white or light tan. Any other colors supplied by buyer shall be imprinted at buyer’s risk as to color, color balance and tonal presentation.

Please note that not all garments have a surface texture and size suitable for screen printing or embroidery and/or other methodologies of embellishments. Send your customer supplied garments at your own risk! FoxDye will not be responsible for misprints on customer supplied garments. FoxDye will gladly replace any misprinted garments that we decide are truly “misprinted” and were first purchased as blanks through FoxDye.

Storage of Buyers Merchandise and Completed Work

When buyers merchandise or completed work is gratuitously held and stored by seller at buyer’s request for a reasonable time-frame, notwithstanding seller’s negligence, buyer shall assume full risk of loss. When storage is charged for at current rates, seller shall request that buyer maintain fire, extended coverage, vandalism, malicious mischief and sprinkler leakage insurance on all property belonging to the buyer while in the seller’s possession. Seller will not be held accountable for any liability for such property.

Refund Policy

For complete details regarding refunds, please view Returns.

Arbitration

In cases of misunderstanding or disagreement in interpretation of specifications, or where new conditions arise where seller and buyer are unable to agree, the disputes shall be submitted to a special arbitration committee of three, one member representing the seller, one the buyer and one selected and agreed upon by the representatives of the seller and the buyer. The majority decision of the committee shall be binding upon the buyer and the seller. Arbitration will be held at the city where the seller resides.

Attorney’s Fees

In the event seller takes legal action concerning the terms of this agreement, or if seller retains an attorney to secure collection of all or any portion of an account, whether or not the matter proceeds to judgment, seller shall be entitled to reasonable attorney’s fees and out of pocket costs incurred.

CHOICE OF LAW AND FORUM

This site (excluding third party linked sites) is controlled by the Company from its offices within the State of Arizona, U.S. of America. It can be access from all 50 states as well as from other countries around the world to the extent permitted by site. As each of these places has laws that may differ from the state of Arizona, by accessing this site, both you and the Company agree that the statues and laws of the shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this site, without regard to conflicts of laws principles thereof. You and the Company also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of Chandler, Arizona, and any legal proceedings shall be conducted in English. The Company makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. The legal jurisdiction for conflict resolution will be at the sole discretion of the Company (“Seller”) and any other venue of its choice. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.

 

Last modified: [October 2017]