TERMS OF SALE & RETURN POLICY

This Terms of Sale and Return Policy (“Terms”) governs the purchase of goods and services from FKA Merch, LLC (“Company,” “us,” “our,” or “we”), through our website or other online properties (collectively, the “Site”) and are hereby incorporated into Company Terms of Services. 

Upon request and payment by you, Company shall provide certain information and services (collectively, the “Services”) relating to the production and provision of replacement merchandise (the “Product(s)”).

Purchase of the Products and Services.

  

1. By making any purchase on the Site, you are representing and warranting that you are old enough to do so. 

1. By placing an order with FKA and submitting your design, you are accepting liability and confirming you are authorized to print this design.

1. Digital proofs are provided for all orders, which will vary slightly from the actual produced version.  This is due to a variety of factors, such as equipment the proof is viewed on, garment type or color being produced, etc.  We do our best to have colors match as closely to the proof as possible, but this is not guaranteed and by placing an order with us you agree to this limitation.  We do offer Pantone (PMS) Color matching for screen print services for an additional cost, so please speak with your sales team member if you would like to include this on your order.  

1. FKA Merch may use your product for samples or advertising purposes.
2. Company reserves the right to refuse to produce any order that it deems racist, hate speech, or offensive to staff and their communities.

Shipping and Delivery Times

1. Shipping or delivery dates of the Products are best estimates only. FKA Merch reserves the right to make deliveries of the Products in installments and shall not be liable for any loss or damage arising from late delivery.  We do our best to have your order produced as quickly as possible, but there are items beyond FKA Merch’s control that may contribute to orders completing later than their originally estimated date.  Because of this, we are unable to guarantee order completion dates and under no circumstances will a refund be honored due completion beyond the initial estimate.

1. Any individual at your delivery address who accepts a delivery from us is presumed to be authorized to receive the delivery. Unless otherwise specified in these Terms, upon such delivery, title and all risk of loss or damage to such Products will pass to you. 

1. If you purchase any Products through the Company, it is your responsibility to inspect them and ensure that they are in good working order and safe to use within 48 hours of delivery. You must promptly inspect your shipment following delivery, and report any damages or other issues to us. Once you accept delivery of a Product, you are responsible for any and all damage to the Product. 
2. FKA Merch is not responsible for shipping delays or lost shipments caused by third party shipping companies. A refund or complimentary reprint will not be honored for a shipping delay or lost shipment.  

Payment and Pricing. 

1. By providing your credit card or other acceptable payment method to us, you are representing and warranting that you are authorized to use that payment method, and that you authorize us (or our third party payment processor) to charge that payment method for the total amount of your purchase, including all taxes and delivery charges. 

1. All production orders must be paid in advance or via agreed upon Net Terms.  Payment methods available are Cash, Visa, MasterCard, Discover,  American Express, ACH, or PayPal. 

1. If at any time your payment method cannot be verified, is invalid, or is otherwise not accepted, we may suspend completion of your order until we are able to resolve the issue to our satisfaction. You will bear all costs associated with any disputed credit card charge which results in an action from our merchant account provider, otherwise known as “chargebacks”. 

1. Prices offered on the Site are quoted in U.S. Dollars (unless otherwise indicated for international sales). Such prices do not include shipping and handling, expedited service, or sales taxes (or VAT), if applicable, which will be added to your total invoice price. You are responsible for any shipping and handling charges and state and local sales or use taxes that may apply to your order. 

Return and Cancellation Policy 

1. All sales are final, and no refunds or exchanges for Products will be made except as described in these Terms. 
1. Full refunds are available for orders that are canceled prior to design work beginning.  Once an order has been processed by our artwork team, the order is refundable less the artwork and restocking fees associated with the garments for your order.  This may be up to 50% of the total order.   
2. The Customer agrees that by placing an order with FKA Merch that they understand these cancellation fees and will not refuse any such order payment for the services provided. In addition, the Customer authorizes FKA Merch LLC. to use these terms and conditions with any credit card company or financial institution to establish that any such charge-back is improper by the Customer.
3. Errors on behalf of FKA Merch will be resolved on a case by case basis and may result in complimentary reprint or refund depending on the issue.  Customers must notify FKA Merch of said errors within 1 week of delivery. 

1. Your order will be lovingly reviewed by multiple team members on our end - our Customer Experience or Sales team, our Art team, and our Production staff.  Additionally, you will be able to review this in advance of production on your end when proofed.  Please ensure that the proof is carefully reviewed on your part.  FKA Merch will not take responsibility for any copy or design errors, as well as any wrong dates or misspelled words in files submitted by the customer.   A refund or reprint will not be honored due to the above errors once approved by the customer and produced. 

2. COMPANY MAKES AND YOU RECEIVE NO WARRANTY WITH RESPECT TO THE PRODUCTS OR ANY PART OF THEM, WHETHER EXPRESS OR IMPLIED, WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, EFFECTIVENESS, COMPLETENESS AND ACCURACY ARE EXPRESSLY EXCLUDED, EXCEPT WHERE PROHIBITED BY LAW, AND WHERE PROHIBITED, ANY SUCH WARRANTY IS LIMITED TO THE MINIMUM WARRANTY AND PERIOD PROVIDED BY LAW. NO EMPLOYEE OR AGENT OF COMPANY HAS THE AUTHORITY TO GRANT ANY OTHER WARRANTY TO CUSTOMER, WRITTEN OR ORAL. 

Limitation and Release of Liability. 

1. COMPANY, ITS SUBSIDIARIES, PREDECESSORS, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS SHALL NOT BE LIABLE FOR CLAIMS, LAWSUITS, LIABILITIES, DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES A DUE TO CAUSES BEYOND ITS REASONABLE CONTROL, SUCH AS ACTS OF GOD, YOUR ACTS, ACTS OF CIVIL OR MILITARY AUTHORITY, FIRES, STRIKES, FLOODS, EPIDEMICS, PANDEMICS, WAR, RIOT, DELAYS IN TRANSPORTATION, GOVERNMENT RESTRICTIONS OR EMBARGOES, OR DIFFICULTIES IN OBTAINING NECESSARY LABOR, MATERIALS, MANUFACTURING FACILITIES OR TRANSPORTATION DUE TO SUCH CAUSES.  

IN NO EVENT SHALL COMPANY BE LIABLE (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, GENERAL OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT, WHETHER SUFFERED BY  YOU OR ANY OTHER PERSON, ARISING FROM OR RELATED TO ANY ACT OR OMISSION OF COMPANY (WHETHER IN CONNECTION WITH THESE TERMS OR OTHERWISE).  

NOTWITHSTANDING ANYTHING IN THIS SECTION, YOUR SOLE REMEDY, AND COMPANY’S TOTAL LIABILITY TO YOU, IN RESPECT OF ANY DEFECT OR FAILURE IN ANY THE PRODUCTS SHALL BE LIMITED, AT COMPANY’S OPTION, TO THE REPAIR OR REPLACEMENT OF THE AFFECTED PRODUCTS. Because some states do not allow the exclusion or limitation for consequential or incidental damages, in such states, Company’s liability is limited to the maximum extent permitted by law.  

1. Any claim or cause of action arising out of or related to the Terms must be filed within one (1) year after such claim or cause of action initially arose or such claim or cause of action is permanently barred. 

1. Any dispute or disagreement relating to or arising out of the Terms shall be resolved on an individual basis. As such, you acknowledge and agree that you may not bring a claim that relates to or arises out of the Term as a plaintiff or a class member in a class action, consolidated action, or representative action.  

1. Indemnification and Hold Harmless. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD COMPANY, ITS SUBSIDIARIES, PREDECESSORS, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS HARMLESS FROM ANY CLAIMS, LAWSUITS, LIABILITIES, DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES ARISING OUT OF OR IN CONNECTION WITH ANY IMPROPER OR UNAUTHORIZED USE OF THE PRODUCTS. 

General

 

1. If any provision of these Terms shall be unlawful, void, or unenforceable, then that provision shall be deemed limited to the extent required to make it enforceable, or, if necessary, severed from these Terms without affecting the validity and enforceability of the remaining provisions of these Terms.   

1. These Terms are fully assignable and transferable by Company to any person or entity and shall insure to the benefit of such assignee or successor. You may not assign these Terms without the prior written consent of Company. 

1. These Terms shall be governed by, and construed in accordance with, the laws of the State of Texas, without regard to its conflict of law provisions.  Any and all actions or proceedings arising out of or relating to these Terms, the Services, or the Products, shall be instituted and litigated in a court of competent jurisdiction in Austin, Texas.  You and Company hereby agree to submit to the exclusive personal jurisdiction of the courts located in Austin, Texas to resolve any dispute arising out of these Terms.   

1. EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS.  FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THESE TERMS. 

You can review the most current version of the Terms of Service at any time on Company site.  Company reserves the right to update, change, or replace these Terms of Service by posting updated versions to Company site. Your usage of this website constitutes acceptance of these changes.