LEGAL CLAIM

NOTICE. PLEASE READ THE FOLLOWING TERMS & CONDITIONS CAREFULLY. BY USING THIS WEB-SITE YOU AGREE TO ABIDE BY THE TERMS & CONDITIONS STATED BELOW.  GEARMILL RESERVES THE RIGHT TO CHANGE, MODIFY OR AMEND THESE TERMS AND CONDITIONS AT ANY TIME, WITHOUT NOTICE..

Gearmill has a 100% money back or reprint guarantee on all orders. Our guarantee allows the customer to return merchandise within 15 days of shipment from our facility for a full refund or reprint.

Refunds or reprints will be granted for:

Misplaced printing position

Wrong color printed (customers must specify color when submitting artwork, if an exact color is needed a PMS color match must be requested)

Poor quality of actual garments

Wrong garments used, style or color

Wrong design printed

Refund and reprints will not be granted for:

Poor print quality as a result of poor artwork.

Spelling errors/typographical errors on customer artwork

Poor quality artwork if customer declines art charges/additional design work on supplied designs.

Damage in shipping

Rush orders

Wrong size ordered or garment sizing.

Color discrepancies if no exact matches are requested

Cancelation or change of event date shirts are to be used for.

To get a refund customers must notify us of any problems and have garments returned to us within 15 days of shipment from our facility.

ORDER APPROVAL

Customer is fully responsible for final proof and layout approval prior to the printing process.

Gearmill.com is NOT LIABLE for errors in a final product caused by any of the following reasons:

Misspelling, Graphics,  Grammar, Punctuation.

INDEMNITY

By submitting the above document to Gearmill.com “I agree to the following terms”.

I have verified that spelling and content are correct. I understand that my order will print EXACTLY as it appears here, that I cannot make any changes once my order is placed, and that I assume all responsibility for typographical errors.

COPYRIGHT

All material and software Copyright (c) 2019 Gearmill All rights are reserved worldwide. It is strictly prohibited to redistribute, copy or republish any of the material and software contained on the Gearmill.com web site and/or its subsidiaries (referred to herein as Gearmill) or the copyrighted property of parties from whom Gearmill has licensed such property.

You may not place or reproduce any trademarks, service marks, or logos that are not owned by you or licensed to you onto materials and merchandise to be printed by Gearmill. Words, names, and designs used to identify services or products are considered trademarks, service marks, and/or logos. The same policy is applicable for copyrights. You cannot use unlicensed copyrighted materials from photographers, artists, publishers, composers, writers, and other authors of original works. The copyright owner’s exclusive rights prohibit the reproduction of any original work. Gearmill may refuse or deny any order based on offensive graphics or wording.

CUSTOMER CONTENT

You understand that all information, data, text, photographs, graphics, messages or other materials (“Content”) are the sole responsibility of the person from which such Content originated. This means that you, and not Gearmill, are entirely responsible for all Content that you use from Gearmill Gallery or send, upload, post or transmit via the Service. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Products are provided for your personal use only. You agree to abide by these terms of service and not to use these products for any unsolicited or unauthorized advertising.

You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.

You further acknowledge and agree that Gearmill may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of service; (c) respond to claims that the Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Gearmill, its users and the public.

GOVERNING LAW

Gearmill is based in Louisville, KY and all transactions take place on Gearmill’s servers located in Louisville, KY. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in Louisville, KY. You agree to submit to the jurisdiction of Kentucky courts and agree that venue in these courts is proper in any such legal action or proceeding.

LIMITATION OF LIABILITY

In no event shall Gearmill or its licensors, suppliers, or vendors, their officers, directors, employees, or agents, be liable for any special, incidental, indirect, or consequential damages of any kind, or for any damages whatsoever resulting from loss of use, data or profits, whether or not Gearmill has been advised of possibility of the damage, arising out of or in connection with the use or performance of the site or of failure to provide services that you order from Gearmill or its affiliates, including without limitation, damages arising from mistake, omission, virus, delay, or interruption of service. In no event shall Gearmill be liable or responsible for any damages or consequences arising from or related to your inappropriate or unauthorized use of the site or its content.

INDEMINITY

You agree that you shall indemnify and defend Gearmill and all parties from whom Gearmill has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms of Use or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated into Products.

COLOR PROOFING & MATCHING

Gearmill is not liable for color matching or ink density on screen proofs approved by the customers. Screen proofs will predict design layout, text accuracy, image proportion and placement, but not color or density.

Gearmill will try it’s best to match the gradient density of each color, Gearmill is not liable for the final appearance of a color

ORDER CANCELLATION

Gearmill will be happy to help you cancel your order prior to Approval. However, orders may only be eligible for cancellation upon request via email. Our Customer Service Team will inform you of any cancellation charges depending on the stage of the order.

RETURNS AND REFUNDS

Since each order is unique to customer and has no re-sale value, All Sales Are Final. If we verify that we made an error, we will re-print the order. No Refunds or Credit.

Customer must notify Gearmill within 6 business days of receipt to notify any defects discovered in the ordered product. In order to receive replacement Customer must return 100% of the received product within 15 days (on their own expense) from the time when the ordered product delivery was taken.

All charges related to expedite printing (Rush Printing or Shipping) are NOT REFUNDABLE, including for those orders that are returned for any reason. All orders that are being returned must be shipped by customer’s own expense.

ORDER SHIPPING AND DELIVERY

Gearmill will always act to make sure that any production difficulties do not delay delivery schedules. In no case shall Gearmill be liable for any damages resulting from delay in shipment or delivery.

All Gearmill customers agree not to hold Gearmill liable for delays in shipments caused by weather conditions, shipping company delays, issues or any other circumstances beyond Gearmill direct control. Gearmill shipment and delivery dates are calculated based upon estimates provided by our suppliers.

Gearmill will always act to make sure that delivery schedules are met. However, unexpected equipment failure, malfunction and or technical problems may delay the printing process. In case of delay caused by technical difficulty, rush charges/fees will be refunded or waived where applicable. However, technical difficulty will not be the grounds for order cancellation.

Production time starts the business day after both proof approval and payment are received.  

SHIPPING ERRORS & LOST PACKAGES

Lost or damaged claims can only be filed for shipments over $50.00 in value and can only be done after 30 days from package shipment. Gearmill is not responsible for 3rd party shipping errors, omissions or damaged shipments.

CUSTOMER SUPPLIED INCORRECT ADDRESS

If a package is not delivered due to an error made by the customer in submitting the proper shipping address, Gearmill will reship the package with corrected address and charge an additional shipping fee for the shipment.