Terms & Conditions
This Agreement contains the complete and entire understanding and agreement between you and the owners of smoreclothing.com (“Licensor”) and supersedes any previous communications, representations, or agreements, verbal or written, related to the subject matter of this Agreement. This Agreement may not be modified or amended orally, impliedly, or in any manner not set forth in writing or permitted by this Agreement.
This Agreement may be amended by Licensor at any time and without notice, but only by amending this document as posted on the Internet, unless otherwise agreed to in writing by you and Licensor.
Any amendments will become effective 30 days after being posted on the Internet, unless circumstances require that a change be immediately implemented. As a condition for this license you agree to periodically check this license Agreement and terms of use.
License Grant
Read The Terms And Conditions Of This License Agreement Carefully Before Accessing Or Using The Content
The content is copyrighted and licensed. It is Not Sold. By Accessing Or Using The Content You Are Accepting And Agreeing To The Terms Of This License Agreement. If You Are Not Willing To Be Bound By The Terms Of This License Agreement, You Are Not Permitted To Use Or Access The Content.
Licensor hereby grants to you, and you accept, a nonexclusive, non transferable license to use the content only as authorized in this License Agreement.
Prohibited Acts
Except as authorized in this Agreement, no copies of this website or any portions thereof may be made by you or any person under your authority or control. You agree that you will not assign, sublicense, transfer, pledge, sell, lease, rent, lend, or otherwise dispose of the content, or any part thereof, or share your rights under this License Agreement, including passwords and usernames. You agree that you will not disassemble, decompile, convert to another programming language, or otherwise translate the content, and that you will not rent, lease, or lend the content, or any component of it, in violation of 17 U.S.C. §§ 109(b)(1). You agree that you will not alter, publish, copy, cut, modify or transform the content, or any component of it, in any form to any storage medium, known or unknown, for any purpose whatsoever, except as authorized. You will be held legally responsible for any trademark or copyright infringement that is caused or encouraged by your failure to abide by the terms of this License Agreement.
Licensor reserves the right to deny access to any person or to terminate this license for any reason if Licensor reasonably believes that is not being used for its intended purpose, or for any other reason in the sole discretion of Licensor.
Licensor’s Rights
You acknowledge and agree that the content is a proprietary product of Licensor, protected under the copyright law. You further acknowledge and agree that all right, title, and interest in and to the content, including associated intellectual property rights, are and shall remain with the Licensor.
No Warranty
The content is licensed “as is,” and licensor disclaims any and all warranties, whether express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose.
Limitation of LiabilityIn no event shall Licensor be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if Licensor has been advised of the possibility of such damages. Please note some States and Provinces do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
No Guarantee of Correctness – No Legal Advice
The content has been prepared and/or obtained for general information and entertainment purposes only and is not intended to provide legal, medical, tax, or professional advice. You acknowledge that the Licensor, its owners, partners, employees, officers, directors, attorneys, and agents do not promise or guarantee that the content is correct, complete, or up-to-date. There is no guarantee that the content is correct, complete, or up-to-date for any specific circumstance.
External Links
The content may link to other locations via the Internet, and there is no endorsement, guarantee or warranty made or implied with respect to the content and information available at another site, and Licensor does not monitor any linked sites or evaluate the propriety or correctness of any information available at a linked site. You agree that the Licensor does not have any liability for anything on someone else’s website.
Quotes
Quotes are valid for 10 business days after which they may be subject to changes in pricing.
Cancellations
Once an order has been made, including artwork changes, garment sizes, quantities, personalizations, or other options, and has been approved, the order may not be cancelled or modified.
Design Proofing and Experimental Work
Any work done by client’s request, such as sketches, drawings, composition, screen, presswork, and materials, may be subject to charges depending on complexity of request and will remain the exclusive property of S’more Clothing. Use of work or ideas obtained during these developmental stages is prohibited, unless agreed upon in writing.
Customer Supplied Artwork
Printing estimates are based on the client supplying print-ready artwork that doesn’t require extra touch-ups or clean-up. If additional time is needed to prepare artwork, the client will be billed at current rates, and final time or due date of order may change. Please contact us about any inquiries about fees and charges.
Preparatory Materials
Items supplied by S’more Clothing will remain exclusive property of S’more Clothing except upon compensation agreed upon in writing.
Alterations
Alterations are any additional work to the original specifications. They will be charged at current rates and agreed upon in writing.
Proofs
Proof approvals and revisions can be communicated through email or through Designer Tool to avoid final due date delays.
For orders requiring manual approval, said written approval is required through email. A written request must be made when proofs are received if revised proofs are desired. Manual order revisions are only accepted through email.
S’more Clothing regrets undetected errors that may go through production. S’more Clothing cannot be held responsible for errors if the word, design, or logo is printed with client’s approval or changes are communicated verbally.
Colour Reproduction and Proofing
Because of the differences between displays, printers, inks, garments and environmental conditions there will be a reasonable variation in color between concepts, proofs and final products. Limited variations should be expected and will constitute an acceptable product. S’more Clothing Co. makes every effort to match size and colour to the proof and pride ourselves on high quality apparel.
Shipping and Delivery
Our company cannot take responsibility for delays with Canada Post or your selected courier at the time of checkout, and can only guarantee the client’s order left the S’more Clothing premises on time. Price quoted is for a single shipment, without storage, F.O.B., local client’s place of business, or F.O.B. S’more Clothing’s platform for out of town clients, unless otherwise specified. Unless otherwise specified, these proposals are assuming continuous and uninterrupted delivery of completed orders.
Production Schedules
Production scheduled will be established and adhered to by the client and S’more Clothing, if neither shall incur any liability, penalty, or delays due to state of war, riot, civil disorder, fire, strikes, accidents, action of Government or civil authority, acts of God, or other causes beyond the control of the client or S’more Clothing.
Payment Terms
Before production and turnaround time can commence, a pre-authorization for the full value of the order is required. Once the client approves ir, pre-authorization is captured, and turnaround begins. Upon order completion, the client’s credit card will be charged in full.
General Warranty
Neverest Creative Inc. operating as S’more Clothing Co. shall disclaim any and all express or implied warranties of merchandise or warranty of fitness for a particular purpose. Although our company sources and uses quality apparel products the wide variation in detergents and laundering practices mean we cannot guarantee against any fading or shrinkage of garments during laundering. Any claims against your order must be made within 5 days of receipt. Beyond 5 days refunds, exchanges or other compensation cannot be issued.
Substitutions
Unless agreed upon in writing beforehand, S’more Clothing reserves the right to substitute material of equal or better quality.
Defective Goods
Apparel items not approved as quality items will be made available to be purchased at a reduced cost determined by S’more Clothing. If the client refuses such items, S’more Clothing reserves the right to sell them as seconds or irregulars as determined by S’more Clothing.
Packaging
Unless agreed upon in writing or requested beforehand, all items will be packaged in ‘bulk.’ Individual packaging will be charged at current rates and requested during online order submission.
General Terms
S’more Clothing Co. recommends all clients place orders in a timeline that allows for unforeseen delays with production, shipping or other circumstances. We generally aim to have orders completed within one business week from final proof approval uncontrollable delays do on rare occasions occur. Please note that an order is not considered places until all pertinent order details have been received including payment and shipping selection. We highly recommend that customers follow the laundering labels on their purchased apparel. The preferred method of washing all decorated apparel is inside out in cold water. Hang or tumble dry on low.
