These are the terms of service for Color Me Impressed (CMI), last edited August 18, 2021. By sending us an email, submitting an image to us, requesting a quote from us, or by placing an order, you agree to the following terms:
1. COPYRIGHT
- By submitting artwork, designs, logos, etc. to CMI, you represent that you have the ability to authorize CMI to reproduce the work.
- You accept full responsibility for any copyright infringement claims that may arise out of your submission.
- In all cases, CMI does not claim any right or license to reproduce or sell your works without your permission, with the exception of items we have completed at your direction or request but you have not made payment in the time specified.
2. PAYMENT
- For orders that involve blank items that are not available in the local warehouse and have to be shipped in, we will require a 50% nonrefundable deposit, based on the order total, before we purchase the blank items.
- For individuals:
- Items produced or decorated by CMI for individuals will not be provided until payment is received in full. You have no right to the items produced until and unless full payment is accepted by CMI. For orders 10 items or more, we require at least 50% of the final total to be paid up front.
- For orders subject to rush fees (due within 3 business days of ordering), you agree to pay 100% of the total up-front, if required by CMI.
- If items have been completed but we have not received full payment within 30 days, we reserve the right to place the items for sale to the general public.
- If you do not accept items, due to error, misprint, or other reasons, we reserve the right to take back the items and may sell, donate to a charitable organization, or give the items away.
- You agree to waive any claims of copyright or trademark infringement related to the sale of any misprints, errors, completed items we have not received payment for, etc.
- For businesses:
- Items produced or decorated by CMI for businesses require payment to be made before on on item pickup. For payments made after the items were picked up, you agree to pay a 10% late payment penalty, if required.
- If collections actions or legal action is required to pursue outstanding balances, you agree reimburse CMI for the cost of such actions, including legal fees.
- CMI does not typically offer Net30 terms, but may consider doing so after an acceptable credit report, and executed credit agreement. The terms will depend on the results of the credit check and whether a personal guarantee is made.
- If items have been completed but we have not received full payment within 30 days, we reserve the right to place the items for sale to the general public.
- If you do not accept items, due to error, misprint, or other reasons, we reserve the right to take back the items and may sell, donate to a charitable organization, or give the items away.
- You agree to waive any claims of copyright or trademark infringement related to the sale of any misprints, errors, completed items we have not received payment for, etc.
3. GRAPHIC DESIGNS
- The workfiles for the final shirt designs (including digital mockups) are the property of CMI. If you wish to have the final design files, you will have to pay an additional fee.
- If CMI has designed elements to be used on a shirt, CMI retains ownership of those elements unless you purchase them.
- If these design elements add to your submitted design, you do not have a right to the design as modified by CMI unless you pay an additional fee.
- None of these provisions grant CMI a license to use your designs without permission.
4. ORDERS
- An order will be considered received by CMI once you have given approval to print on the final mockup and deposit payment has been received, if required.
- For orders subject to rush fees (due within 3 business days of the order), the order will be considered received after you have given approval to print AND when the full balance is paid, prior to beginning work.
- Unless requiring modification by our graphic designer, images will be printed or decorated exactly as you provide us, on the shirt color and sizing you agreed upon.
5. BRING YOUR OWN TEE (For customers that wish to bring their own materials to have decorated):
- CMI does not guarantee the result of any decoration where you provide the material since fabric materials, fiber contents, weave, dye, and individual fabric treatments vary wildly.
- You must provide at least 1 exact duplicate of the shirt or material you want decorated. This is to be used as a test piece. CMI is not responsible for replacing any shirts or materials used as a test piece.
- If you do not provide an exact duplicate specifically for testing, all resulting decorations are final, regardless of outcome.
- If full payment is not provided prior to us decorating, you understand and agree that we will hold on to the materials provided until full payment is made. You have no right to any of the completed items until and unless full payment is made.
6. ADDITIONAL CHARGES
Rush fees will be counted from when we have received everything we need to produce the items, including a deposit, print-ready artwork, and final approval of placement and sizing.
- Rush fees
- Items are ready to decorate three business days before due will add at least 25% to the total.
- Items are ready to decorate two business days before due will add at least 50% to the total.
- If accepted by CMI, items ready to decorate the day before they are due (or later) will add at least 100% to the total.
- Weddings and other special events may also be subject to additional charges.
Large Order Fees
Items that require 50 or more prints or decorations are considered large orders. For example, shirts that require front and back images are 2 prints! Large orders take a lot of time and effort to accomplish. This means that in order to avoid fees, we must have received all of the following a minimum of 5 business days before the items are due.
- Payment of our invoiced deposit,
- Print-ready artwork, and
- Final approval of placement and sizing,
If we have not received one or more of the following at least 5 business days before the items are due, rush fees apply.
- Rush Fees
- Items that are ready to decorate three business days before due will add at least 25% to the total.
- Items that are ready to decorate two business days before due will add at least 50% to the total.
- It is highly unlikely we will be physically able to meet large orders that are ready to print or decorate 1 business day before due. In such case, we reserve the right to do one of the following:
- Decline to decorate the items. In this instance, we keep the deposit, but if we have ordered the blank items, we will provide the blanks for you to pick up.
- Decorate some of the items. In this instance, the rush fee will be calculated at +100%. Un-decorated blank items we have ordered will be provided for you to pick up and the re-calculated invoice will be due immediately. We will not begin decoration without full payment.
- Decorate all of the items. In this instance, the rush fee will be calculated at +100% and full payment is due immediately. We will not begin deccoration without full payment.
- If payment for the recalculated invoices are not received by the end of the business day they are sent, the order is canceled, we keep the deposit, and if we have ordered the blank items, will provide the blank items for you to pick up. If you do not pick up the items within 30 days, they are considered forfeited and we will dispose of them as we choose.
7. RETURN, EXCHANGE, & REMAKES
- We do not allow returns or exchanges (including exchanges of size) on completed prints or decorated garments, provided that the item CMI provided was the size requested by the customer in the approved order.
- If the item is unacceptable to the client, the item has a problem that is apparent either before or after the first wash, we will remake the item (does not apply to BYOT).
- However, if more than 30 days have passed or the item has been washed two or more times, we will not replace the item.
- Any item that is being replaced must be returned to us before the item is replaced.
7. MISCELLANEOUS
- We reserve the right to decline any project or design for any reason or no reason.
- Once a design has been printed or decorated on a t-shirt or other material, we cannot accept any refunds or exchanges. This includes exchanges for different sized shirts.
- If you send us an unsolicited advertisement via phone, email, letter, or other medium, you agree to pay the sum of $10. This fee is in exchange for our receipt and review of the contents of the advertisement. If such sum is not promptly paid, we reserve the right to submit the amount to collections.
- For any disputes related to billing or payments, the prevailing party agrees to pay attorneys fees.
- Severability – should any part of this contract be found invalid or unenforceable, the contract, the remainder of the contract shall remain in force. A finding of invalidity or unenforceability of a part of this contract shall operate only to the minimum amount necessary and the contract shall be reinterpreted to give effect to the intentions of the drafter. Moreover, any reinterpretation of the contract shall not deprive the parties of the benefit of the bargain.
DIY TERMS OF SERVICE
These are the terms of service for Color Me Impressed related to our DIY service. These terms were last edited September 3, 2019. For DIY appointments, in exchange for the sum of a $5 deposit, you agree to these terms as a binding contract.
1. COPYRIGHT
- By sending artwork, designs, logos, etc. to CMI, or by using any of our machines to reproduce such, you represent that you have the ability to authorize CMI to reproduce the work.
- You accept full responsibility and any liability for any copyright infringement claims that may arise out of your use of our machines.
2. LICENSE TO USE
- In exchange for our in-office charge, you have a license to use any of our machinery as long as you are on our premises. You must still pay for all materials you use.
- The use of our machines is not a lease. You do not have exclusive possession or control of our items at any time and may not remove anything belonging to CMI from our premises. Moreover, use of any of our machines must be supervised.
- The license to use our machines requires you follow our Code of Conduct.
- The license to use our machines is contingent on safe operation of the machines, according to our instruction. If you use or operate machinery in an unsafe manner, your license may be immediately revoked and you may be removed from the premises.
- Additionally, the license to use our machines can be revoked for any time and for any reason, or no reason at all.
3. LIMITATIONS ON LIABILITY
- We are not responsible for any lost income, missed orders, or unhappy clients because you were planning on using our machines.
- While in using any of our machines or equipment, you assume all responsibility for your own safety and waive all liability against Color Me Impressed related to injuries sustained by using any of our machines or equipment.
- This waiver encompasses any medical bills, loss of income, pain and suffering, etc
- The following are examples of some of the risks of using our machinery that you agree to be responsible for:
- Some machines or equipment heats up to over 400F and will cause burns if carelessly handled.
- Some machines or equipment have sharp blades and needles that cause cuts or punctures if carelessly handled.
- Some of the machines or equipment, such as printers and sewing machines, have powerful moving parts that can crush fingers and hands if carelessly handled.
- Some materials are located in an elevated position and may drop or fall upon you if carelessly handled.
4. APPOINTMENTS
- As long as our machines are available, you may come in to use them. Since we also run a print shop, there are times that we have to leave the office. To make sure that we are in the office and available for DIY, we require you to set an appointment with us, including the day, time, and how long you anticipate using the machines.
- Since we block out appointment time for particular machines, that means that we don’t schedule other DIYers to come use that machine during the appointed time. If you miss your scheduled appointment without notice, you agree to surrender the deposit you made for your appointment.
- If this fee isn’t paid, you won’t be able to use our machines in the future until the amount is paid in full.
4. USE OF MACHINERY
- We will show you how to use our machines and supervise you while using them. If you have any questions, ASK FIRST
- You are to follow the instructions we have provided related to the use of the machine.
- You may not open the machinery to get at their inner workings. Moreover, if any machine is having an issue, you are not to attempt to diagnose, repair, or fix any machine. That is our job.
5. RISK OF LOSS/ MISTAKES
- Printing is an inherently error-filled journey. You bear all risks of loss related to errors, mistakes, malfunctions, etc. This includes “banding” (horizontal lines caused by blockages or errors with the print heads) or other mis-prints related to operation of the machinery.
- We will assist you with information and tips to reduce the amounts of losses and mistakes, however you still maintain all risk of loss.
6. WHOLESALE MATERIALS
- Since we have a wholesale license, we can purchase some materials for you at your request. The price you pay will be what we can purchase the items for plus a small markup, to be determined by us.
- We require at least 1/2 full payment as a nonrefundable deposit before we place the order. The deposit is credited against the full quoted price. Payment of the full quoted price must be made within 30 days from when we notify you that the order has been placed. You will be able to pick up the entire order once we have received full payment – we will not split the order or pro-rate it based on partial payment.
- If full payment is not made after 30 days after we notified you the order has been placed, your deposit is forfeit. After that 30 days, we will offer the items for sale as we see fit.
7. SEVERABILITY AND INTERPRETATION
- If any question or dispute arises as to one or more section related to an ambiguous or unclear interpretation, the text shall be interpreted as narrowly as possible to give effect to Color Me Impressed’s intentions.
- If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule, or shall be otherwise rendered invalid, the remainder of this Agreement shall not be affected.