Terms & Conditions

Please read these Terms and Conditions ("Terms") carefully before using the [Your Company Name] website (the "Site") and placing an order for our made-to-order apparel (the "Products"). By accessing the Site and/or placing an order, you agree to be bound by these Terms.

1. Definitions:

• "Company," "We," "Us," or "Our" refers to Pickleball Apparel, a company operating in Vernon, British Columbia, Canada.

• "Customer," "You," or "Your" refers to the individual or entity placing an order for our Products.

• "Products" refers to the apparel items that are created specifically based on the Customer's order.

• "Order" refers to the Customer's request to purchase Products from the Company.

• "Site" refers to the Pickleball Apparel website.

• "Terms" refers to these Terms and Conditions.

2. Ordering Process:

• By placing an Order through our Site, you are making an offer to purchase the Products selected.

• Our acceptance of your Order is confirmed when we send you an order confirmation email. This email constitutes a binding contract between you and the Company.

• Please carefully review your Order before submitting it. Once an Order is placed, modifications or cancellations may not be possible due to the made-to-order nature of our Products. If changes are possible, they may incur additional charges.

• We reserve the right to refuse or cancel any Order for any reason, including but not limited to product unavailability, errors in pricing or product information, or suspicion of fraudulent activity. In such cases, we will notify you and issue a full refund.  

3. Product Information:

• We strive to provide accurate and up-to-date information about our Products, including descriptions, images, and sizing charts. However, please note that:

  • Colors may appear differently on different monitors. We cannot guarantee that the colors you see on your screen accurately reflect the actual colors of the Products.

  • Due to the handmade nature of our made-to-order items, slight variations in measurements and appearance may occur. These minor variations do not constitute defects.

  • Sizing charts are provided as a general guideline. It is your responsibility to review the sizing information carefully before placing your Order. If you have any questions about sizing, please contact us before ordering.

   

4. Pricing and Payment:

• All prices displayed on the Site are in CAD and are subject to change without notice.

• The price of the Products does not include shipping costs or any applicable taxes, duties, or fees, which will be added to your Order total at checkout.

• We accept various forms of payment as indicated on our Site. You agree to provide accurate and complete payment information.  

• By submitting your payment details, you authorize us to charge the applicable amount for your Order, including the price of the Products, shipping costs, and any applicable taxes or fees.  

• Payment must be received in full before the production of your made-to-order item begins.

5. Production and Shipping:

• As our apparel is created per order, the production process will commence after your Order has been confirmed and payment has been received.

• The estimated production time is 3-5 business days. Please note that this is an estimate and may vary depending on order volume and material availability.

• Once production is complete, your Order will be shipped according to our Shipping Policy, which is available on our Site and is incorporated into these Terms by reference. Please review our Shipping Policy for information on shipping options, delivery estimates, and other relevant details.

• We are not responsible for delays in shipping caused by factors beyond our control, such as weather conditions, carrier issues, or customs clearance processes.

6. Returns and Exchanges:

• Due to the personalized nature of our made-to-order apparel, we generally do not accept returns or exchanges unless the Product has a material defect or there is an error on our part (e.g., incorrect item shipped, significant deviation from the agreed-upon specifications).

• If you believe your Product has a material defect or we have made an error with your Order, you must notify us within 7 days of receiving the item, providing clear photographic evidence of the issue.

• Upon verification of the defect or error, we will, at our discretion, offer to repair the Product, create a replacement, or issue a refund for the purchase price (excluding shipping costs)

• Please carefully review your size and customization options before placing your Order, as we are not responsible for incorrect sizing or customer-selected options.

7. Intellectual Property:

• All content on the Site, including but not limited to text, images, logos, designs, and graphics, is the intellectual property of Pickleball Apparel and is protected by copyright, trademark, and other intellectual property laws.

• You are granted a limited, non-exclusive, and non-transferable license to access and use the Site for personal and non-commercial purposes only.  

• You may not reproduce, modify, distribute, display, or otherwise use any content from the Site without our prior written consent.  

8. User Content:

• If you submit any content to the Site (e.g., reviews, feedback, images), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.  

• You represent and warrant that you own or otherwise control all of the rights to the content you submit and that the content is accurate, not misleading, and does not violate the rights of any third party.  

9. Disclaimer of Warranties:

• The Site and the Products are provided on an "as is" and "as available" basis without any warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.  

• We do not warrant that the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the servers that make it available are free of viruses or other harmful components.  

• To the fullest extent permitted by applicable law, we disclaim all liability for any direct, indirect, incidental, consequential, or punitive damages arising out of or in any way relating to your use of the Site or the Products.  

10. Limitation of Liability:

• To the maximum extent permitted by applicable law, our total liability to you for any claim arising out of or relating to these Terms, the Site, or the Products shall not exceed the total amount paid by you for the specific Order in question.  

• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, even if we have been advised of the possibility of such damages.  

11. Indemnification:

• You agree to indemnify, defend, and hold harmless [Your Company Name] and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms, your use of the Site, or your User Content.  

12. Governing Law and Dispute Resolution:

• These Terms shall be governed by and construed in accordance with the laws of Specify Governing Jurisdiction, the Province of British Columbia, Canada, without regard to its conflict of law principles.  

• Any dispute arising out of or relating to these Terms or your use of the Site or the Products shall be subject to the exclusive jurisdiction of the courts located in Specify Jurisdiction for Disputes, Vernon, British Columbia.  

13. Modifications to the Terms:

• We reserve the right to modify these Terms at any time without prior notice. Any changes will be effective immediately upon posting on the Site.  

• Your continued use of the Site or placement of Orders after any such changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically for updates.  

14. Severability:

• If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be deemed severed from these Terms, and the remaining provisions shall continue in full force and effect.  

15. Entire Agreement:

• These Terms, together with our Privacy Policy and Shipping Policy, constitute the entire agreement between you and Pickleball Apparel with respect to your use of the Site and your Orders for Products, and supersede all prior or contemporaneous communications and proposals, whether oral or written.  

16. Contact Us:

• If you have any questions or concerns about these Terms, please contact us 

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By placing an order with Pickleball Apparel, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.