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Supasoft Apparel Term of Use

Effective: August 15, 2023

Welcome to the SUPASOFT APPAREL website, supasoftapparel.com (the "SUPASOFT APPAREL website"), owned and operated by SUPASOFT LLC and its affiliates ("SUPASOFT APPAREL"). Except as otherwise noted herein, these terms and conditions (the "Terms") govern your use of the SUPASOFT APPAREL Website and SUPASOFT APPAREL services, applications, content and products (collectively, the "Site"). The terms of SUPASOFT APPAREL's Privacy Policy and Cookie Policy are incorporated by reference into these Terms.

Acceptance of Terms

Please read the following terms and conditions of use, including an Arbitration Agreement, because your use of the Site constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Site. SUPASOFT APPAREL reserves the right to make changes to the Site and to these Terms from time to time. When we make changes, we will post them here. For this reason, we encourage you to review these Terms whenever you use our Site because by visiting the Site, you agree to accept any such changes. SUPASOFT APPAREL provides you with access to and use of the Site subject to your compliance with the Terms.

Wholesale Account Qualifications

SUPASOFT APPAREL is a wholesale-based company manufacturing premium blanks for the apparel decorating, imprintable, embroidery and promotional markets. A resale certificate number must be provided at the time of account creation. Please contact us for more information. Once the customer sets up an account, we may need additional information including but not limited to a copy of the resale certificate. Account approval process may take up to 2-3 business days.

Product And Pricing Information

Although SUPASOFT APPAREL has made every effort to display our products and their colors, textures and appearance as accurately as possible, the displayed attributes of the products depend upon the device display settings of the user, and SUPASOFT APPAREL cannot guarantee that the user's device will accurately portray the actual attributes of the products.

Prices are in US Dollars. SUPASOFT APPAREL offers a tiered pricing model with generous pricing and freight discounts based on order quantity. Our customer support and sales teams will work closely with you to design the pricing plan best for you. Prices may change due to unexpected raw material pricing increases or availability.

All prices are subject to change without notice. All orders will be billed at the prices prevailing at the time the order is placed. Any price disputes should be notified to SUPASOFT APPAREL in writing within 30 days of the invoice date. Any disputes and claims brought after 30 days regarding price shall be deemed time barred and waived.

SUPASOFT APPAREL reserves the right to change or discontinue styles, colors, sizes, or fabric, or change packaging without notice. Styles, color and inventory may vary from different locations. Slight variances in color can occur from order to order. Unusual size scales, colors or costs may necessitate pricing adjustments.

Please contact your local sales representative or customer service or log in to your account for up-to-date pricing. All prices, product availability, and delivery conditions are subject to change without notice. SUPASOFT APPAREL is not responsible for typographical errors regarding price or any other matter. Likewise, SUPASOFT APPAREL does not warrant the accuracy of customer product ratings, comments or feedback.

INVENTORY

SUPASOFT APPAREL keeps a live and perpetual inventory visible to customers with web accounts at supasoftapparel.com. Please check our site regularly for special offers.

GARMENT SPECIFICATIONS

SUPASOFT APPAREL may make periodic axdjustments to garment specifications to accommodate trends or changes in the market. Though every opportunity is taken to ship on a “first in, first out” basis, current inventory may include garments with prior specs.

PRODUCT TESTING & PERFORMANCE:

Customers must inspect, and conduct their own testing on all products prior to purchasing or decorating in bulk.

Most of our products are dischargeable. Customers are encouraged to test samples prior to proceeding with production. Due to various mechanical procedures, environment and/or chemicals used, could cause differences in results. This is considered normal.

 

All of our products come with a tear away tag and have care instructions. Care instructions for each product may vary so please check the neck label for accurate information.

 

CREDIT AND PAYMENT

For questions regarding credit terms, please email our customer service representatives at [email protected]. All orders must be pre-paid unless pre-approved for credit terms through our credit factor. Our standard terms are net 30 days F.O.B. origin with credit approval. No anticipation is allowed. Processing of a credit application can take approximately 1 to 2 weeks. Past due invoices are subject to a finance charge of 1.5% per month (18% per annum) service charge. Customers shall be responsible for all costs, expenses, collections agency commissions, and reasonable attorney fees that SUPASOFT APPAREL may incur in the collection of any past due invoices. SUPASOFT APPAREL in its sole discretion, may terminate customers' accounts at any time should a breach of these terms and conditions occur.

Customers can select COD on checkout for pickup orders. COD is specifically "Cash on Delivery" OR "Cashiers Check on Delivery" and does not include any other form of check, bonded check, or payment type without prior approval. COD orders do require approval prior to shipping if the form of payment is to be company checked and must be approved and released by the credit department, prior to shipping, in this circumstance.

We accept all major credit cards. For your protection, we require a copy of the cardholder's identification and the proper completion of our credit card authorization form before the shipment of any credit card order. See all forms here.

Acceptance of company check requires prior approval by SUPASOFT APPAREL. Accounts will be charged $35.00 if returned for any reason.

Some orders may require a deposit. We accept cash, cashier’s checks, wire transfers, and irrevocable L/C or USA issued Visa, MasterCard. With prior approval we accept personal or company checks.

ORDERING, SHIPPING & DELIVERY

Most in stock credit-approved orders for standard delivery placed before 1:00 PM Pacific Time will be shipped the same day. Credit approval delays may prevent same-day shipping. All additions to any order already placed will be considered a new order and must be written on a new purchase order. For your protection, we accept only written or web orders and reserve the right not to process incomplete orders. Partial shipments may be made unless requested otherwise. SUPASOFT APPAREL will not be responsible for non-delivery, delay, loss or damage during shipping. All merchandise is shipped F.O.B. origin. SUPASOFT APPAREL will ship merchandise specified by the customer. All freight claims for missing or damaged merchandise must be filed with the carrier except for UPS and FedEx shipments. Customer pick-up is available from 8:30 AM—4:30 PM Pacific Time, Monday—Friday. Please call ahead for pick-up time and to confirm your order is ready for pick-up.

There is no minimum order quantity. Detailed orders may be submitted to your local sales representative, or to customer service (by emailing customer service at [email protected] or by calling 424-292-3512) during our normal business hours 8:00 AM-5:30 PM Pacific Time, Monday—Friday, or placed online at supasoftapparel.com 24 hours a day, 7 days a week.

We accept advance payments via Visa, MasterCard, American Express, Discover, TeleCheck or bank wire. There may be a 3.5% convenience fee on all non-cash transactions unless otherwise prohibited by law. Net terms are available with credit approval. Please email our customer service representatives at [email protected]

SUPASOFT APPAREL ships to both residential and commercial addresses. UPS Ground freight costs provided during web checkout are estimates and subject to variations based on size, weight, packaging requirements, residential or rural location, and other factors.

All other forms of shipping must be paid in full by the customer unless specifically negotiated otherwise by your salesperson. Additional methods of shipping are offered; however, our online checkout process is only able to estimate UPS Ground costs. Therefore, all other forms of shipping will not include freight costs. Actual freight costs will be charged when your order ships. If you wish to choose a different carrier or want to use your own UPS account, please let us know by contacting us or providing instructions in the comments section, during the checkout process and/or providing clear instructions on the purchase orders. Please call and advise, if you have a specific shipping preference or have an urgent request. We will do our best to accommodate your request.

Refused and unclaimed shipments or those returned due to customer error, are subject to a 15% restocking fee in addition to all freight charges.

SUPASOFT APPAREL reserves the right to refuse any order at its sole discretion.

SUPASOFT APPAREL imports many items into the U.S. that can’t be exported to other countries. Customers have the responsibility to check with their freight forwarder to confirm foreign documentation requirements and verify that items to be exported will be released by U.S. Customs and Border Protection at their final destination. SUPASOFT APPAREL is not responsible for payment of duty or taxes for these exported items.

ORDER CONFIRMATION

Your customer service representative will send you an order confirmation after placing your order in our system to help ensure that the order was recorded precisely as ordered prior to shipping. If you did not receive an order confirmation, we might not receive the order. Please contact SUPASOFT APPAREL if you do not receive an order confirmation. An invoice is emailed once the order ships, and has the tracking number on it. Customers are also able to check their order status online in their account.

RESTRICTIONS ON SALE

Customers are prohibited from selling SUPASOFT APPAREL products other than through a SUPASOFT APPAREL approved channel of distribution, violation of this condition may result in immediate termination of customers account. Only those customer internet sites authorized in writing by SUPASOFT APPAREL may sell and advertise SUPASOFT APPAREL products. SUPASOFT APPAREL also reserves the rights to prohibit SUPASOFT APPAREL products from being advertised and/or sold via the internet.

RETURN POLICY AND CLAIMS

Complete customer satisfaction is our primary goal at SUPASOFT APPAREL. Due to the possible human error, it is the customers responsibility to verify that the merchandise received matches what was ordered and resolve any claims with SUPASOFT APPAREL before garments are altered. It is the customers responsibility to inspect and test all merchandise before washing, printing, or any type of decorating. Once merchandise is altered in any way (screen printed, embroidered, relabeled, washed, dyed, embellished, etc.), the customer cannot return or make any claims/exchanges.

Product claims must be made within 14 days of receipt of goods. Goods must be returned in original condition and accompanied by a copy of the original packing list Returns will only be accepted with prior authorization. Return shipments will be refused, if not accompanied by a Return Merchandize Authorization (RMA or RA) code. Customer is responsible for all return freight charges. Samples and items on special/clearance are non-returnable. Returned goods may be subject to a 15% restocking fee with $25 minimum charge.

Once your return is received and inspected by our warehouse return department, we will process your refund and automatically apply a credit to the original form of payment. Please allow 5-7 business days for processing.

PRIVATE LABEL AND PRODUCT DEVELOPMENT

Our SUPASOFT APPAREL team can assist you in developing products for your own brand and label. Please see Private Label for more information.

All custom private label programs will require a written contractual agreement with SUPASOFT APPAREL. This agreement must cover these items in addition to any others that are needed to complete the program. Terms of payment, time action calendar that starts with the issuance of a purchase order starting with pre production to delivery, costing of product landed duty paid, or F.O.B. country of origin, logistical pre-production approval, bulk order quality inspection, label use letter, label release letter, and if required warehousing and distribution costs. Visit the Forms page to find these.

PRODUCT WARRANTY

SUPASOFT APPAREL does not make, and hereby disclaims, any and all warranties, express or implied, including without limitation any warranties of merchantability or fitness for a particular purpose.

LIMITATION OF LIABILITY

in no event shall SUPASOFT APPAREL be liable to the customer for any loss of profit, interruption of business, or any special, indirect, consequential or incidental damages arising in contract (including breach of warranty), in tort (including strict liability or negligence) or otherwise, even if SUPASOFT APPAREL has been notified or otherwise made aware of the possibility of such damages.

FAIR LABOR STANDARDS ACT

SUPASOFT APPAREL hereby certifies that the merchandise covered by any SUPASOFT APPAREL invoice was manufactured in compliance with the requirements of the fair labor standards act of 1938, as amended.

FORCE MAJEURE

SUPASOFT APPAREL shall not be liable for any failure or delay in delivery or in its performance under these terms and conditions or otherwise due to any cause beyond SUPASOFT APPAREL reasonable control, including, without limitation, any act of war or civil insurrection, national emergencies, acts of god, fire, explosion, storm, earthquake, flood, embargo, riot, sabotage, industry-wide strikes, lockouts, labor difficulties, supplier failures, unavailability or shortages of materials, or governmental acts (collectively, “force majeure“). where any product scheduled for delivery becomes unavailable as a result of a force majeure event, SUPASOFT APPAREL may, at its sole discretion, substitute such product with a comparable product.

DISPUTE RESOLUTION

These terms and conditions shall be deemed to have been entered into in the state of california and shall in all respects be interpreted, enforced and governed under the internal laws of the state of california without regard to principles of conflicts of law that would apply any other state law. any dispute or controversy arising out of, relating to or concerning any aspect of this agreement shall be settled by binding arbitration to be held before a neutral arbitrator in los angeles, california, under the auspices of the american arbitration association. the arbitrator shall permit discovery sufficient to allow any party to the arbitration to take such discovery as is reasonably sufficient to allow that party to secure the information reasonably necessary to present their claim. the arbitrator may grant injunctions or other relief in such dispute or controversy. the decision of the arbitration shall be final, conclusive and binding on the parties to the arbitration. the award issued by the arbitrator shall be in writing and shall set forth the essential findings and conclusions that form the basis of the award. judgment may be entered on the arbitrator's award in any court having jurisdiction. except as may otherwise be provided by law, each party shall pay an equal share of the fees and costs charged by an arbitrator to hear the arbitration of this matter. each party shall be solely responsible for payment of their respective attorney's fees and costs. the parties agree that all matters relating to any dispute which is the subject of the arbitration hereunder, including all submissions made to the arbitrator and the decision of the arbitrator, shall be treated as confidential by the parties and the parties shall cause any witnesses, counsel or professional advisers retained in connection with such arbitration to maintain all such matters in strict confidence. all disputes, claims or controversies subject to arbitration as set forth in this section 15 must be submitted to arbitration on an individual basis and not as a representative, class and/or collective action proceeding on behalf of other individuals. claims may not be joined or consolidated in arbitration with other disputes brought by third parties, unless agreed to by SUPASOFT APPAREL. any action by customer for breach of contract must be commenced within one year from the merchandise ship date.

GENERAL

all purchases and sales of SUPASOFT APPAREL’s products to customer shall be made solely on these terms and conditions. these terms and conditions shall be applicable in full to all such purchases and sales. all terms and conditions contained in any purchase order or similar order form from customer are hereby rejected by SUPASOFT APPAREL in all respects. any modification, supplement, or amendment of these terms and conditions shall be made in writing by SUPASOFT APPAREL authorized management representative only. any term or provision of these terms and conditions that is invalid or unenforceable in any situation shall not affect the validity or enforceability of the remaining terms and conditions or the validity or enforceability of the offending term or condition in any other situation. acceptance of these terms and conditions shall be confirmed by electronic signature copy by pdf, jpeg file or comparable format or by facsimilie, and any such electronic signature copy shall constitute an original for all purposes. these terms and conditions and SUPASOFT APPAREL’s invoice contain the entire agreement between SUPASOFT APPAREL and customer, and supersedes all previous contracts or agreements between SUPASOFT APPAREL and customer. customer agrees that SUPASOFT APPAREL is not bound by any representation, promise, condition, inducement or warranty, express or implied, not included above.