Terms & Conditions
Last Updated: [Insert Date]
Welcome to SPW Branded. By accessing our website or placing an order for promotional products, you agree to be bound by these Terms & Conditions (“Terms”). Please read them carefully. If you do not agree, do not use our site or services.
1. General
“We”, “us”, “our” refers to SPW Branded.
“You”, “customer” refers to the individual or business entity placing an order.
These Terms govern all sales and use of our website. Additional written agreements (e.g., net‑term contracts) supersede conflicting terms.
2. Orders & Acceptance
All orders are subject to acceptance by us. We reserve the right to refuse or cancel any order for any reason, including product unavailability, artwork issues, or pricing errors.
Once an order is placed, you will receive an email acknowledgment. This does not constitute acceptance; final acceptance occurs when we send a proof approval request or a shipping confirmation.
3. Pricing & Payment
All prices are in U.S. dollars (USD). Taxes (sales, use, VAT) are not included unless required by law. You are responsible for all applicable taxes.
Payment is due at the time of order unless you have an approved net‑30 account. For net‑term accounts, invoices are due within 30 days of the invoice date. Late payments may incur a 1.5% monthly interest charge (18% APR) or the maximum permitted by law.
We accept major credit cards (Visa, MasterCard, Amex, Discover), PayPal, and wire transfers.
4. Artwork & Proofs
You represent that you own or have license to any logo, trademark, or design you submit. You indemnify us against any claims of infringement.
A digital proof will be provided for your approval. You are responsible for reviewing spelling, layout, colors, and logo placement. Once you approve the proof in writing or via our online system, we are not liable for errors that should have been caught at that stage.
We reserve the right to reject artwork that is offensive, illegal, or infringes third‑party rights.
5. Production & Delivery
Production begins only after you approve the proof and we receive full payment (if not on net terms).
Estimated production and delivery times are provided in good faith but are not guaranteed. We are not liable for delays caused by proof approval delays, artwork issues, supply chain disruptions, or carrier performance.
Title and risk of loss pass to you upon delivery to the carrier. Claims for damaged or lost shipments must be filed by you with the carrier.
6. Cancellations & Returns
Cancellations: You may cancel an order without penalty only before you have approved the proof. Once proof is approved, cancellation is subject to a 50% restocking fee for materials and production already initiated.
Returns & Refunds:
Defective products (material/manufacturing defects not caused by customer artwork) may be returned within 14 days of receipt for replacement or full refund.
We do not accept returns for buyer’s remorse, color variations (due to different monitor calibrations), or minor imperfections that do not affect product use.
No returns on custom‑imprinted products unless the imprint error is our fault.
To request a return, contact us at info@spwbranded.com with photos of the alleged defect.
7. Limitation of Liability
To the maximum extent permitted by law:
Our total liability for any claim arising from your order or use of our products shall not exceed the total amount you paid for that order.
We are not liable for incidental, consequential, or punitive damages (e.g., lost profits, canceled events, or brand damage).
Some states do not allow the exclusion of incidental damages, so this limitation may not apply to you.
8. Indemnification
You agree to indemnify and hold us harmless from any claims, damages, or expenses (including reasonable attorney’s fees) arising from your violation of these Terms, your infringement of intellectual property, or your misuse of our products.
9. Governing Law & Dispute Resolution
These Terms shall be governed by the laws of the State of [your state] , without regard to conflict of law principles. Any dispute arising out of or relating to these Terms or your purchase shall be resolved exclusively through binding arbitration in accordance with the rules of the American Arbitration Association. You waive the right to a jury trial or to participate in a class action.
10. Force Majeure
We are not liable for delays or failures caused by events beyond our reasonable control, including natural disasters, strikes, pandemic restrictions, supplier failures, or government actions.
11. Entire Agreement
These Terms, together with our Privacy Policy and any order confirmation, constitute the entire agreement between you and SPW Branded. Any prior representations or agreements are superseded.
12. Changes to Terms
We may update these Terms at any time by posting the revised version on our website. Your continued use of our site after such changes constitutes acceptance.
13. Contact Information
For questions about these Terms, email us at info@spwbranded.com.