Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to Franklin Custom Apparel! The terms “we”, “us” and “our” refer to Franklin Custom Apparel. Franklin Custom Apparel operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Franklin Custom Apparel is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete.
You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We have made every effort to provide accurate representations of our products and services. However, colors and product appearance may vary due to device settings and screen displays.
We do not warrant that the appearance or quality of any product will meet your expectations or be identical to how it appears on your screen.
All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product or limit quantities on a case-by-case basis.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. Franklin Custom Apparel reserves the right to accept or decline any order at its discretion. Your order is not accepted until payment is received and the order is confirmed.
Certain products offered by Franklin Custom Apparel are custom embroidered and made to order. For these products, digital proofs will be provided for customer approval prior to production. Once a proof is approved, the order is considered final and cannot be cancelled, changed, refunded, or exchanged.
Please review your order and proof carefully before approval. Franklin Custom Apparel is not responsible for errors present in approved proofs.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for personal or household use only and not for resale or export.
SECTION 4 – PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed.
Posted prices do not include taxes, shipping, handling, customs, or import charges unless expressly stated.
You agree to provide current, complete, and accurate billing and payment information and authorize us to charge your payment method for all applicable charges.
SECTION 5 – SHIPPING AND DELIVERY
Delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control.
Once products are transferred to the carrier, title and risk of loss pass to you.
SECTION 5A – CUSTOM EMBROIDERY & PROOF APPROVAL
Certain products offered by Franklin Custom Apparel are custom embroidered and made to order. Prior to production, customers will receive a digital proof for review and approval.
Approval of a proof confirms that all design elements, including artwork, spelling, placement, sizing, and colors, are correct. Once a proof is approved, production will begin and the order becomes final.
Franklin Custom Apparel is not responsible for errors in custom embroidery that were present in an approved proof.
SECTION 6 – INTELLECTUAL PROPERTY & ARTWORK RESPONSIBILITY
Customer represents and warrants that they own or have obtained all necessary rights, licenses, and permissions to reproduce any logos, trademarks, copyrighted designs, or artwork submitted to Franklin Custom Apparel.
Customer agrees to indemnify and hold harmless Franklin Custom Apparel from any claims, damages, or legal expenses arising from the unauthorized use of submitted artwork.
Franklin Custom Apparel reserves the right to refuse any order containing artwork believed to infringe on intellectual property rights.
All content on the Services, including text, graphics, logos, images, and designs, is owned by Franklin Custom Apparel or its licensors and is protected by intellectual property laws.
You may not reproduce, distribute, modify, or exploit any portion of the Services without prior written consent.
By placing an order with Franklin Custom Apparel, the customer grants permission for Franklin Custom Apparel to photograph and use completed products displaying the customer’s logo or design for portfolio, website, social media, and promotional purposes, unless otherwise requested in writing prior to production.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools “as is” and “as available” without warranties. Use of such tools is at your own risk.
SECTION 8 – THIRD-PARTY LINKS
We are not responsible for third-party websites or content accessed through the Services. Any interaction with third-party sites is at your own risk.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Franklin Custom Apparel is powered by Shopify; however, all sales are made directly with Franklin Custom Apparel. Shopify is not responsible for any aspect of transactions between you and Franklin Custom Apparel.
SECTION 10 – PRIVACY POLICY
All personal information collected through the Services is governed by our Privacy Policy [LINK] and Shopify’s Privacy Policy.
SECTION 11 – FEEDBACK
By submitting feedback, you grant Franklin Custom Apparel a perpetual, royalty-free license to use it for any purpose. We are under no obligation to maintain confidentiality or provide compensation.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
We reserve the right to correct errors, inaccuracies, or omissions and to cancel orders if information is inaccurate at any time.
SECTION 13 – PROHIBITED USES
You may not use the Services for unlawful purposes, to violate laws, infringe intellectual property, harass others, transmit malware, or interfere with the Services.
SECTION 14 – TERMINATION
We may terminate access to the Services at any time. Obligations incurred prior to termination will survive.
SECTION 15 – DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY STATED IN WRITING BY FRANKLIN CUSTOM APPAREL, ALL SERVICES AND PRODUCTS, INCLUDING CUSTOM EMBROIDERED PRODUCTS, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND.
SECTION 16 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, FRANKLIN CUSTOM APPAREL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM USE OF THE SERVICES OR PRODUCTS.
SECTION 17 – INDEMNIFICATION
You agree to indemnify and hold harmless Franklin Custom Apparel and Shopify from claims arising from your use of the Services or violation of these Terms.
SECTION 18 – SEVERABILITY
If any provision is found unenforceable, the remaining provisions will remain in effect.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and Franklin Custom Apparel and supersede prior agreements.
SECTION 20 – ASSIGNMENT
You may not assign these Terms without our consent. We may assign our rights without notice.
SECTION 21 – GOVERNING LAW
These Terms are governed by the laws of the jurisdiction where Franklin Custom Apparel is headquartered.
SECTION 22 – HEADINGS
Headings are for convenience only and do not affect interpretation.
SECTION 23 – CHANGES TO TERMS
We reserve the right to update these Terms at any time. Continued use constitutes acceptance of changes.
SECTION 24 – CONTACT INFORMATION
Questions about these Terms should be sent to:
Franklin Custom Apparel