TERMS OF USE & AGREEMENTS
Welcome to the Create Me A T-Shirt (CMATS). Please review the following basic terms that govern your use of, and purchase of, products from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by those terms (the “Agreement”).
You will be asked to expressly agree to these terms of sale before you place an order for products from our website.
In these terms of sale, “we” means CREATEMEATSHIRT.COM. (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products.
PRIVACY
CMATS respects our customers’ account information as private and confidential information and will never share this with any outside affiliations or individuals. Your information (we don’t store your full credit card number) is secured and encrypted with the Secure Socket Layer Software via PayPal.
GENERAL
We may, from time to time, change the terms that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move or delete portions of, or may add to, our Site from time to time.
Images of products on our website are for illustrative purposes; actual products may differ from such images.
We will treat all your personal information that we collect in connection with your order in accordance with the terms of [our privacy policy]; use of our website will be subject to [our website terms of use].
Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.
If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.
You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing where you are a consumer that such action does not serve to reduce the guarantees benefiting you under these terms of sale.
Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
Subject to the first paragraph of Section 15: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.
PRODUCT INFORMATION
CMATS products displayed at the Site are available exclusively on www.createmeatshirt.com.com. In some cases, merchandise displayed for sale at the Site may not be available in the online store. The prices displayed at the Site are quoted in U.S. Dollars.
Images of products on our website are for illustrative purposes (virtual sample); actual products may differ from such images.
We will treat all your personal information that we collect in connection with your order in accordance with the terms of [our privacy policy]; use of our website will be subject to [our website terms of use].
Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.
If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.
You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing where you are a consumer that such action does not serve to reduce the guarantees benefiting you under these terms of sale.
Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
Subject to the first paragraph of Section 15: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.
DELIVERY
Purchased items will be shipped within 7 business days of the order, although most will be within 3 to 4. Please allow up to 2 weeks for delivery to arrive. If you still have not received your purchase after 3 weeks, please notify createmeatshirt.com. Buyer assumes any and all duties and customs costs for orders shipping outside of the U.S. and will be contacted in advance should additional charges need to be made. CMATS is not responsible for any lost, stolen or damaged shipments. All domestic shipments are sent with a delivery confirmation and the buyer assumes all responsibilities of lost items.
PRODUCT AVAILABILITY
Although availability may be indicated on the Site, we cannot guarantee product availability and products, nonetheless, may not be available for immediate delivery. We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order. If there is any revision, discontinuance, or cessation, we may, in our discretion, ship products which have substantially similar functionality and specifications to the products ordered or cancel your order.
RETURN POLICY
Unless the product is damaged during shipment of delivery, you are responsible for return shipping charges, the item must be in its original packaging, and is subject to inspection to verify that it is new or unused. Please request a return authorization by using the contact us link.
COLORS
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
SITE CONTENTS
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by CMATS. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by CMATS.
The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.
USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to CMATS on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, “Comments”) shall be and remain CMATS property. Such disclosure, submission or offer of any Comments shall constitute an assignment to CMATS of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, CMATS will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. CMATS is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
CMATS COMMUNICATIONS TO YOU
You agree that CMATS may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of CMATS products or services, or for such other purpose(s) as CMATS deems appropriate.
DISCLAIMER
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT ARQUEBUS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
INACCURACY DISCLAIMER
From time to time there may be information on CMATS that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not completely satisfied with your purchase you may return it with your invoice to CMATS by mail. Please see our Return Policy.
INDEMNIFICATION
You agree to defend, indemnify and hold CMATS harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.
MISCELLANEOUS
Unless otherwise specified and except to the extent CMATS products are offered for sale in the United States through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting CMATS products and services available in the United States and select foreign markets. This Site is controlled and operated by CMATS from its office in ILL, USA. This Agreement shall be construed in accordance with the laws of the State of Illinois, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the Illinois State.
TERMINATE
This Agreement is effective unless and until terminated by either you or CMATS . You may terminate this Agreement at any time. CMATS also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in CMATS sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or CMATS , you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.
Order process
The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.
In order to enter into a contract to purchase products from us, you will need to take the following steps: (1) you must add any the products you wish to purchase to your shopping cart, and then proceed to the checkout; (2) if you are a new customer, you may have to create an account with us and log in; if you are an existing customer, you may be asked to enter your login details; (3) once you are logged in, you may be asked to select your preferred method of delivery and confirm your order and your consent to these terms of sale; (4) you will be transferred to the PayPal website, and PayPal will handle your payment; (5) we will then send you an initial acknowledgement; and (6) once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.”
We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.
The only language in which we provide these terms of sale is English.
Before you place your order, you will have the opportunity of identifying whether you have made any input errors. You may correct those input errors before placing your order.
Price and payment
Prices for products are quoted on our website. The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product’s correct price will be stated when you pay for the product.
In addition to the price of the products, you may have to pay a delivery charge, which will be as stated when you pay for the product.
Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.
The prices on the website include all value added taxes (where applicable).
Payment for all products must be made by PAYPAL OR any method detailed on the website from time to time.
Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.
Your warranties
You warrant to us that:
(a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
(b) the information provided in your order is accurate and complete; and
(c) you will be able to accept delivery of the products.
Risk and ownership
The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of:
(a) delivery of the products; and
(b) receipt by us of full payment of all sums due in respect of the products (including delivery charges).
Until ownership of the products has passed to you, you will possess the products as our fiduciary agent and bailee, and if you are a business customer you must store the products separately from other goods and ensure that the products are clearly identifiable as belonging to us.
We will be entitled to recover payment for the products even where ownership has not passed to you.
statutory rights
Nothing in these terms of sale affects any statutory rights you may have as a consumer.