Fallen Star Clothing / Fallen Star Printshop · Terms & Conditions
This Contract for Sale of Custom Goods, (hereinafter referred to as “Contract”) is entered into and made effective as of any agreement for the sale of goods expressed in writing or through the use of online services, between Fallen Star Clothing, and the Customer seeking custom print work from Fallen Star Clothing.
WHEREAS, Client wishes to retain FALLEN STAR CLOTHING to provide certain custom print works;
WHEREAS, Fallen Star Clothing has the skills, qualifications, and expertise required to provide the custom products;
WHEREAS, Fallen Star Clothing wishes to provide such products to the Customer.
NOW THEREFOR, in consideration of the promises and covenants contained herein, as well as other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the Parties do hereby agree as follows:
Subject to the terms and conditions of this Contract, Fallen Star Clothing hereby agrees to provide custom print works to the Customer, at the day and times agreed upon, by the means of delivery agreed upon, and Customer agrees to pay Fallen Star Clothing the fees agreed upon for the product.
Customer acknowledges that one hundred percent (100%) of payment is due prior to the commencement of any work on the product. Partial payment circumstances may be agreed upon in writing. All payment is due prior to the receipt of product, even in partial payment circumstances. Customer is further responsible for all costs and fees associated with shipping, unless otherwise agreed upon in writing by Fallen Star Clothing.
Customer must approve digital mock-up of custom works in writing. Fallen Star Clothing will order the materials upon receipt of written approval of the digital mock-up, and will print the materials at their discretion within the agreed-upon timeframe. No additional approvals from the customer will be required once the mock-up has been approved in writing.
Due to the limitations of digital displays, Customer acknowledges that the digital mock-up may not be identical to the finished product. The mock-up will not be considered an exact representation of the final product. Customer dissatisfaction with any design elements, including but not limited to, garment colours, ink colours, print sizing, garment sizing, and placement of design(s), does not entitle customer to a full refund for the value of the order.
All additional changes to any design element after written approval of the digital mock-up are subject to review by Fallen Star Clothing. Requests for alterations may be rejected by Fallen Star Clothing, or subject to additional charges upon approval.
Any order placed within fourteen (14) days of expected delivery will be considered a “rush order” and may be subject to additional charges. These charges may be assessed per garment, or as a single additional sum as determined by Fallen Star Clothing.
Customer hereby permits Fallen Star Clothing to utilize images of the product(s) for Fallen Star Clothing’s promotional and marketing material, including but not limited to use via social media, print media, and other marketing channels.
Fallen Star Clothing shall not be held liable for any failure or delay in performing an obligation under this Agreement that is due to any cause beyond its reasonable control (Force Majeure). This is stated to include, but is not limited to: Acts of God, accident, riot, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophe, governmental acts or omissions, changes in laws or regulations, national strike, fire, explosion, or personal emergency affecting Fallen Star Clothing or its employees.
A) GOVERNING LAW: This Agreement shall be governed in all respects by the laws of the state of Massachusetts and any applicable federal law. Both Parties consent to jurisdiction under the state and federal courts within the state of Massachusetts. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature.
B) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
C) ASSIGNMENT: This Agreement, or the rights hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by either Party.
D) AMENDMENTS: This Agreement may be amended in writing by Fallen Star Clothing At Anytime.
E) RELAXATION OF TERMS: No relaxation, indulgence, waiver or release by any Party of any of the rights in terms of this agreement on one occasion shall prevent the subsequent enforcement of such rights and shall not be deemed to be a waiver of any subsequent breach of any of the terms.
F) SEVERABILITY: If any provision or term of this Agreement is held to be unenforceable by a court of law, then this Agreement will be deemed amended to the extent necessary to render the otherwise unenforceable provision, and the rest of the Agreement, valid and enforceable. If a court declines to amend this Agreement as provided herein, the invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the remaining terms and provisions, which shall be enforced as if the offending term or provision had not been included in this Agreement.
G) ENTIRE AGREEMENT: This Agreement, and the written agreement(s) from which it derives, constitute the entire understanding between the Parties with regard to the subject matter thereof and the Parties waive the right to rely on any alleged expressed or implied provision not contained therein.
H) HEADINGS: Headings to this Agreement are for convenience only and shall not be construed to limit or otherwise affect the terms of this Agreement.
I) NOTICES ELECTRONIC COMMUNICATIONS PERMITTED: Any notice to be given under this Agreement shall be in writing and shall be sent by e-mail, first-class mail, or air mail, to the respective address of the relevant Party.
The parties hereby agree to the terms and conditions set forth in this Contract. The Agreement is demonstrated via signature, Payment to Fallen Star Clothing through Cash, Check, Barter, Electronic Money Transfer, or Any Alternative Method compensating Fallen Star Clothing for its Goods Or Services, written Agreement to proceed with work, or Approval of a Proof or Goods Example.