Terms of Service — Embroidery Inc.

OVERVIEW
Welcome to Embroidery Inc (“Embroidery Inc,” “we,” “us,” “our”). We operate this website and store, including all related information, content, features, tools, products and services (the “Services”). Our store is powered by Shopify.
By visiting, interacting with, or using the Services, you agree to be bound by these Terms of Service (“Terms”) and our Privacy Policy (collectively, the “Agreement”). If you do not agree, do not use the Services.

1. Access & Accounts

You represent that you are at least the age of majority in your jurisdiction and you consent to use of the Services by any permitted minors on devices you own or manage. You agree to provide accurate, current, and complete information and to safeguard your login credentials. You may not sell, transfer, or license your account.

2. Products & Mockups

We make reasonable efforts to represent products accurately. Colors and appearance may vary due to device/screen settings and physical thread, fabric, dye lots, and finishes. We may modify or discontinue products at any time and may limit quantities per person or order.

3. Orders, Proofs & Approvals (Custom Goods)

3.1 Proof Workflow. For custom orders, we send a digital proof (and, when applicable, stitch specs/placement). You must carefully review and approve spelling, colors, sizes, placement, and quantities.
3.2 Final After Approval. Once you approve the proof, the order is final and cannot be cancelled, changed, returned, or refunded except where we made a verifiable error not reflected in the approved proof (see Section 9).
3.3 Cancellations Before Approval. You may cancel before proof approval. We may deduct incurred costs (e.g., digitizing fees, special-order blanks, rush fees, and any supplier restocking charges).
3.4 Time-Sensitive/“In-Hands” Dates. In-hands dates must be confirmed in writing by us. Rush fees may apply. We are not responsible for delays caused by carriers, suppliers, customs, or events beyond our control.

4. Customer Artwork, Licenses & Compliance

4.1 Your Rights. You represent and warrant that you own or have all necessary rights, permissions, and licenses to submit logos/artwork/words and to have them reproduced, and that your submission does not infringe any third-party rights or violate any laws.
4.2 License to Fulfill. You grant Embroidery Inc a non-exclusive, worldwide, royalty-free license to use, reproduce, modify (for production), and display your submitted content solely to produce and deliver your order and to create internal portfolio/production records.
4.3 Indemnity. You will defend, indemnify, and hold harmless Embroidery Inc from claims arising out of your submitted content, including IP infringement and right-of-publicity claims (see also Section 17).

5. Pricing, Billing & Taxes

Prices, promotions, and discounts may change without notice. Posted prices exclude taxes, shipping/handling, customs, and import duties unless stated. You agree to provide valid payment information and authorize charges for your order and any approved add-ons. Sales/use taxes will be collected as required by law. Resellers must provide valid resale certificates before purchase.

6. Shipping, Title & Risk

Delivery times are estimates and not guaranteed. Title and risk of loss pass to you upon carrier pickup/transfer. You must provide accurate addresses and receive shipments. See Section 10 for carrier damage/shortage procedures.

7. Production Standards, Tolerances & Substitutions

7.1 Color & Material Variance. Thread, fabric, and dye lots vary. Pantone/HEX matches are targets, not guarantees.
7.2 Placement Tolerance. Embroidery placement may vary by ±0.5 in (±12 mm) due to garment construction.
7.3 Spoilage Allowance. Industry-standard spoilage may occur. We reserve up to 2% or 1 piece (whichever is greater) variance per line item. We will refund or remake only the spoiled quantity within the allowance; overages are not guaranteed.
7.4 Substitutions. If a blank style/color/size is back-ordered, you authorize us to propose a comparable substitute. We will obtain your written approval before proceeding.

8. Customer-Supplied Garments (if applicable)

We do not guarantee results on customer-supplied items and are not responsible for damage (including hoop burns, needle breaks, dye migration, shrinkage, or defects inherent to the garment). You must deliver items sorted by size/color. Our liability for supplied items is limited to decorating fees paid for the affected piece(s).

9. Quality Guarantee (Our Error Only)

If we materially deviate from your approved proof (e.g., wrong logo, wrong thread color, wrong location, wrong garment, incorrect quantity) or if an item is defective, we will, at our option, remake/replace the affected items or refund the affected portion.
Claim Window: You must email orders@embroideryinc.com within 7 days of delivery with your order number, description, and clear photos of the issue and packing slip. Items returned without authorization will be refused.

10. Shipping Damage or Shortage

Keep all packaging, photograph damage, and contact orders@embroideryinc.com within 7 days. We will file the carrier claim and replace/refund the affected items once verified.

11. Returns & Refunds (Custom Goods)

Custom goods are non-returnable and non-refundable after proof approval. The EU/UK 14-day cooling-off right does not apply to made-to-order or personalized goods.

12. Optional Tools & Third-Party Links

Tools and links provided by third parties are offered as-is. We are not responsible for third-party sites, policies, or transactions.

13. Relationship with Shopify

Embroidery Inc is powered by Shopify, but your sale is with Embroidery Inc. Shopify is not responsible for your purchases or any claims relating to them. You release Shopify from such claims to the fullest extent permitted by law.

14. Privacy

Your use of the Services is subject to our Privacy Policy and to Shopify’s privacy practices (see Shopify’s policies). Information may be processed outside your jurisdiction. See our Privacy Policy for details.

15. Feedback & Reviews

By submitting reviews or feedback, you grant us a perpetual, sublicensable, royalty-free license to use them to operate and promote the Services. You must own your content and comply with applicable laws. We may moderate or remove unlawful or abusive content.

16. Publicity; Portfolio & Marketing Use

You acknowledge and agree that Embroidery Inc may photograph and/or film works we produce (including finished hats, garments, and related packaging) and may display, reproduce, publish, and distribute such images and videos in our portfolio, website, social media, advertisements, marketing emails, case studies, trade-show displays, sales samples, and similar promotional materials (the “Showcase Use”).

To the extent your order includes logos, trademarks, or other brand elements (“Marks”), you grant Embroidery Inc a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, and display the Marks solely for Showcase Use and to accurately depict the goods and services we provided. No endorsement is implied, and we will not state or suggest that you sponsor or approve Embroidery Inc, except to identify you as a customer and to describe the project.

Opt-Out. You may opt out of Showcase Use for a particular order by emailing orders@embroideryinc.com with subject line “Marketing Opt-Out” and your order number before production approval, or at any time if your project is confidential/under NDA. We will honor NDAs and reasonable confidentiality requests. If you opt out after we have already published materials, we will remove or cease further use within a commercially reasonable time; previously distributed materials may not be recalled.

Sensitive/Personal Information. We do not intend to publish personally identifiable information (e.g., staff names, phone numbers, addresses embroidered on uniforms). If such information appears on your items, tell us in advance and we will mask/blur it in any imagery used for marketing.

Customer Warranty. You represent that you own or have obtained all rights necessary for the foregoing limited license and that our Showcase Use will not infringe any third-party rights. This section supplements (and does not limit) the IP and indemnity terms elsewhere in these Terms.

Samples & Overruns. We may retain non-saleable samples/overruns for internal reference or display. We will not resell items bearing your Marks without your written consent.

17. Errors & Omissions

We may correct errors or update information (including product descriptions, pricing, availability, and transit times) at any time, including after you submit an order.

18. Prohibited Uses

You may not use the Services for unlawful purposes, to infringe rights, harass, transmit malware or spam, scrape, or circumvent security. We may suspend or terminate accounts for violations.

19. Chargebacks & Disputes

You agree not to initiate chargebacks for properly fulfilled orders consistent with your approved proof. Please contact orders@embroideryinc.com to resolve issues. Unauthorized chargebacks may be disputed with documentation of proof approval and delivery.

20. Termination

We may suspend or terminate access at any time. Sections intended to survive termination will do so.

21. Disclaimer of Warranties

EXCEPT AS EXPRESSLY STATED BY EMBROIDERY INC, THE SERVICES AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL IMPLIED WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW.

22. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, EMBROIDERY INC AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; OR FOR MORE THAN THE AMOUNT YOU PAID FOR THE AFFECTED ORDER LINE ITEM(S).

23. Indemnification

You agree to indemnify and hold harmless Embroidery Inc (and Shopify) from claims, losses, and expenses (including reasonable attorneys’ fees) arising out of your breach of this Agreement, your submitted content, or your misuse of the Services.

24. Severability

If any provision is unenforceable, the remainder remains in effect to the fullest extent permitted.

25. Waiver; Entire Agreement

A failure to enforce is not a waiver. These Terms, our Privacy Policy, and any order-specific written confirmations comprise the entire agreement and supersede prior understandings.

26. Assignment

You may not assign these Terms without our prior written consent. We may assign without notice.

27. Governing Law; Venue

These Terms are governed by the laws of the State of California, without regard to conflict-of-laws rules. You consent to exclusive jurisdiction and venue in the state and federal courts located in Yolo County, California (and the Eastern District of California for federal matters). Small-claims actions may be brought where permitted.

Optional (add if you want arbitration/class-action waiver): You and we agree to resolve disputes by binding individual arbitration and waive class actions, except you may pursue individual claims in small-claims court. (If you want this, I’ll add the full AAA/JAMS clause.)

28. Changes to Terms

We may update these Terms by posting a revised version with an effective date. Material changes will be notified as required by law. Continued use constitutes acceptance.

29. Contact Information

Embroidery Inc
Email: orders@embroideryinc.com
Address: 526 Main St, Woodland, CA 95695, United States
Phone: (628) 333-3857