TERMS AND CONDITIONS – PRODUCTS & SERVICES

Last updated August 22, 2023

AGREEMENT TO TERMS

These Terms & Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Impress Designs, Inc. ("Company", “we”, “us”, or “our”), concerning your use of Impress Designs, Inc products & services as well as any other communication or handling of with you, your company, your customer, and any end users (collectively, the “Products & Services”). You agree that by using our products & services, you have read, understood, and agreed to be bound by all of these Terms & Conditions. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS & CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING OUR PRODUCTS & SERVICES.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms & Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms & Conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms & Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms & Conditions by your continued use of our Products & Services after the date such revised Terms & Conditions are posted.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, any design services, production art, separations, digitizing, mockups, or materials handled by our employees or systems are the intellectual property of Impress Designs. You retain all ownership of your originally submitted contributions, to request use of any files or content please email This email address is being protected from spambots. You need JavaScript enabled to view it. with your request. At our discretion files developed by our team may be distributed to you. Files will only be distributed if all invoices are paid current for your company, related companies, associated companies, and/or individuals.

USER REPRESENTATIONS

By using our Products & Services, you represent and warrant that: (1) all information you submit will be true, accurate, current, and complete; (2) you have the legal capacity for yourself and your company and you agree to comply with these Terms & Conditions; (3) you are not under the age of 13; (4) you will not use our Products & Services for any illegal or unauthorized purpose; and (5) your use of our Products and Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of our Products & Services.

QUALITY EXPECTATIONS

Impress Designs does not accept returned materials without prior approval. Because the quality of material modifications is subjective, it is necessary that any quality related material questions be returned to Impress Designs at the expense or the customer or end user. Materials will be inspected prior to any financial decisions. Returns or Discounts may be offered after evaluating the quality of our modifications. The Impress Designs management team has sole authority and discretion about quality in these matters. Reimbursements or replacements may be issued up to the amount of the original invoice for the same order.

PRODUCTION TIMES

Most decoration services operate on a 7-10 business day production time. We typically honor all request for turn times of 5 business days without additional cost when submitted on the purchase order asking for a 5 business day production time, but we retain the right to refuse the 5 business day production time for any reason. Because of the nature of the material handling that we do, no production or handling time is guaranteed unless it has been agreed to in writing. Production and handling times do not begin until all items of a specific purchase order have been received, and all artwork and services have been approved. Rush production services are available for a fee, and must be approved in advance by Impress Designs. Production times are never guaranteed and may vary greatly depending on the services, options, volume, and other impacting factors related to our operations and your purchase order.

Impress Designs is not responsible for your or your customer’s expenses related to production or delivery delays. Impress Designs will not pay for shipping or handling expenses related to expediting orders due to missed delivery dates. Impress Designs is not responsible for lost revenues related to missed delivery dates.

SUPPLIED GOODS

Customers and/or end users may at times submit goods to us to handle, store, decorate, or modify. Any physical materials submitted to Impress Designs either directly or indirectly by a customer or end user are still owned by the original owner of the garments at the time of decoration. Impress Designs handling of these garments is at the request of the party responsible for submitting the materials. By submitting materials to Impress Designs you agree that you have the express right to do so. You agree that while Impress Designs is allowed to handle the garments in any manner required to maintain optimal operations in the facility. You agree by submitting materials to Impress Designs that changes to the garments will occur to some extent. Materials put through different processes may be altered in color, weight, quality, cleanliness, or in other ways not listed. You agree that changes to materials do not in and of itself mean that they are defective, or that Impress Designs is liable to replace any materials that have changed in relation to the handling, storage, production, or other processes. You agree by submitting goods to Impress Designs that you will maintain adequate insurance on your materials. We do not assume the liability of any supplied materials in our facility and it is the responsibility of the company and individual sending in materials to Impress Designs to make sure that all materials are adequately insured for fire, theft, water damage, and all other potential causes of property loss and/or damage. Impress Designs is not responsible for materials submitted to us that have damage or do not meet quality standards upon arrival. Impress Designs is not required to identify any material deficiencies on materials submitted to us.

Materials submitted to us may not be shipped out in the original packaging. Materials that are polybagged or sealed will be removed from the bags if being decorated and will not automatically be put back in new bags unless requested. Bagging of items is no included in basic pricing & will invoiced per item. Materials may be repackaged in different packaging in the handling process and packaging materials may be discarded or recycled unless previously agreed upon and clearly listed on the original purchase order. Impress Designs assumes no liability for the original packaging of materials submitted to us.

Orders must have a purchase order placed before goods arrive.
All packages and/or skids must reference your Impress Designs issued PO#, your IDI work order #, an inventory order #, or the purchase oder the goods are coming in on.
- This reference number on the packaging must be provide with the original PO. If the goods are purchased after the PO has been submitted, the refernce information should be submitted at that time along with the PO number or Impress WO number.
Do not bulk ship purchase orders. Bulking a PO will result in a $10.00 charge per order they must be broken apart into.
A packing list/manifest should be transmitted to Impress Designs before goods arrive if possible.

WAREHOUSE LIEN:

Impress Designs has a general lien against all Customer Goods and proceeds thereof in Impress Designs' possession for all storage, production, transportation, insurance, labor and other charges in relation to property, and expenses necessary for the preservation of and reasonably incurred in the sale of the property, in accordance with Impress Designs' warehouse lien rights under the Texas Business & Commerce Code, and Impress Designs may enforce such lien rights by public or private sale of the Goods in accordance with applicable law.

SPOILAGE, RETURNS, & REIMBURSEMENTS

SPOILAGE RATE: While every attempt is made to produce perfect orders every time, apparel handling is an industrial process and hence is prone to some level of error. In accordance with industry standards, Impress Designs is not responsible for loss of product within a 2% deviation per production event. Damage is always rounded to the nearest whole number. It should be noted that the actual spoilage rate of garments at Impress Designs is considerably lower than 2%. The 2% Spoilage rate is exclusive of any damages or spoilage of garments prior to arrival at an Impress Designs facility. Due to variances in decoration methods, we may not always be aware of materials issues that did not occur at Impress Designs before modifying the materials.

TOTAL REIMBURSEMENT COST: Reimbursements or replacements may be issued up to the amount of the original invoice for the same order at the sole discretion of Impress Designs management. Replacements above and beyond the original invoice may be approved by management but require multiple managers to sign off on the replacements. Considerations will be given to the amount of time our team had to prepare the order (turn time) and to the accuracy of the information provided by the customer. Accurate and legible purchase orders must have been originally supplied for most returns. Changes to purchase orders must be made in the form of a new purchase order.

If Impress Designs agrees to exchange materials, the materials being exchanged must be returned to Impress Designs, or a bill may be generated for the replacements. If the original goods are not owned by Impress Designs, you agree to exchange ownership of the replacement goods owned by Impress Designs with the original goods unless agreed to in writing prior to replacement. Returning goods to Impress Designs is done at the customer’s expense.

SHIPPING RELATED REIMBURSEMENTS - Please see SHIPMENTS LOST OR DAMAGED IN TRANSIT

SUBMITTING AND CHANGING ORDERS

Orders should be submitted with an accurate and clear purchase order that includes a purchase order number, by an Impress Designs website purchasing engine, or by placing an in person or phone order. Your company terms will dictate the required payment structure to submit orders. Regardless of payment terms or credit limits, we may require a deposit or full payment to take, or process orders we see as large. The submission of an order or purchase order does not mean that your order has been accepted. An email confirmation or online account access to your orders is the only way to confirm that an order has been accepted. We do not guarantee that an order can be changed after it has been submitted. You should acquire confirmation of purchase order changes, submitting an email does always mean that your order has been immediately changed and until our support team updates your order and confirms that we have accepted the change, production departments are still operating on your order day and night. Please make direct contact with our team if your order is prepared for production to ensure your order change has been made.

As it is the responsibility of the party purchasing Products & Services from Impress Designs, any ambiguities or omissions from a purchase order shall be interpreted by Impress Designs without liability.

PAYMENT METHODS

Impress Designs accepts the following types of payments:

Cash under $2500.00 (please notify us in advance if you plan to pay in excess of $2500.00 cash
Check
Customer Processed ACH
Customer Processed wire transfer
Standard Credit/Debit Card (3% convenience fee will be applied)
- Visa
- Mastercard
- Discover
- American Express

All Credit Card and Debit Card Transactions will have a 3$ surcharge added to the transaction total including but not limited to products, services, inbound & outbound shipping charges and additional fees.

Additional payment methods may be considered but must be agreed upon in writing by an Impress Designs accounting manager another Officer level employee.

FINANCE CHARGES

Finance charges may be accrued on past due invoices. Finance Charges will be billed monthly with a 18% APR with a minimum charge of $10.00 unless an alternate written agreement is in place.

SHIPPING

Shipping costs are not included in pricing unless it is stated as such on the quote or invoice. Shipping costs are always estimated unless stated otherwise. Shipping times are not included in any production times. Impress Designs is not responsible for the carrier delivering your order and cannot be held responsible for the delivery and handling of your goods once it is loaded onto a carrier vehicle.

You may request to have orders shipped on a third-party account number that you are legally allowed to use for the requested shipments. Chargebacks including address corrections by carriers to Impress Designs will be billed back to the company that requested the third-party account billing.

Many Goods that have been imported into the U.S. cannot be exported to other countries. It is your responsibility to check with their freight forwarder to confirm foreign documentation requirements and verify that items to be exported will be released by customs at the final destination. Impress Designs is not responsible for providing this information or any documentation required to export goods purchased from Impress Designs or for re-importation to the U.S.

The legality of international shipments are the responsibility of the customer, and Impress Designs is not responsible for any fines, fees, time delays, or expenses related to international shipping. Impress Designs is not responsible for international shipments once they are shipped. If shipments do not arrive for any reason, Impress Designs will not be responsible.

SHIPMENTS LOST OR DAMAGED IN TRANSIT

The way we handle packages that are lost or damaged in transit differ depending on whether the goods were supplied by Impress Designs or the goods were customer supplied.

IMPRESS DESIGNS PROVIDED GOODS:

In the event that a package is lost or damaged during transit, Impress Designs will take responsibility by providing you with a credit for both the lost items and the associated services. However, please note that items that have been confirmed as delivered by the carrier do not fall under this category of loss.

If your item has been lost in transit the items Impress Designs will credit you back for the lost items and services provided on the items. Items that show to have been delivered by the carrier do not qualify as lost.

Should any of your items suffer damage during transit, it's important to inform us within 24 hours of their arrival. To facilitate the credit process for damaged goods, we may request photographs of both the original packaging and the damaged items. In order to receive the credit, the original goods will need to be returned to Impress Designs for evaluation. Rest assured, we will coordinate this process, either by supplying a return shipping label or arranging a pickup through a local courier or a similar service.

CUSTOMER SUPPLIED GOODS:

Impress Designs is unable to cover the expenses associated with customer-supplied goods that experience loss, damage, or delays due to shipping carriers. We strive to provide the best possible service, but external factors beyond our control can impact the shipping process.

For cases where you provide your own goods and request shipping, please be aware that once the carrier scans the shipment, you assume responsibility. You have the option, at your expense, to add carrier shipping insurance to your outbound shipments for added protection. Insurance is not added by default and you would need to let our team know how much you would like the shipment insured for. In the unfortunate event that your goods are lost or damaged in transit, and you decide to replace or reproduce these items, you will need to place a replacement order at your own cost. Please be aware, goods that are confirmed as delivered by the carrier, do not fall under this category of loss.

If both shipping and billing were handled by Impress Designs, you have the option to request that we file a claim with the carrier. Any reimbursement received from the carrier will be credited to your account or reimbursed upon your request.

CONTRIBUTION LICENSE

By submitting your contributions to us or making Contributions accessible to us, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, retitle, archive, store, cache, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions for any purpose related directly to the production, handling, & maintaining of your account, orders, quotes and other related needs directly tied to your company. The use and distribution may occur in any media formats and through any media channels in which we communicate with you or your company.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights, or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

PRIVACY POLICY

We care about data privacy and security. By using the Site, you agree to be bound by our Privacy Policy posted on www.impressdesigns.com, which is incorporated into these Terms & Conditions. Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of our Products & Services as well as the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.

If you have a copyright related issue, please contact our Designated Copyright Agent.

Designated Copyright Agent

Nathan A. Belz
Attn: Copyright Agent
1404 W Main St. ST 204
Carrollton, TX 75006
United States
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TERM AND TERMINATION

These Terms & Conditions shall remain in full force and effect while you use our Products & Services and after. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS & CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF OUR PRODUCTS & SERVICES, TO ANY PERSON OR BUSINESS FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS & CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF OUR PRODUCTS & SERVICES, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to modify or discontinue all or part of our Products & Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of our Products & Services.

We cannot guarantee our Products & Services will be available at all times. We may experience mechanical, hardware, software, labor, or other problems or need to perform maintenance related to our operations, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify our Products & Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use our Products & Services during any downtime or discontinuance of our Products and Services. Nothing in these Terms & Conditions will be construed to obligate us to maintain and support our Products & Services.

GOVERNING LAW

These Terms & Conditions and your use of our Products & Services are governed by and construed in accordance with the laws of the State of Texas applicable to agreements made and to be entirely performed within the State of Texas, without regard to its conflict of law principles.

DISPUTE RESOLUTION

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website: www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Dallas, Texas. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Dallas, Texas, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

In no event shall any Dispute brought by either Party related in any way to our Products & Services be commenced more than 1 year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, OR OTHER DAMAGES ARISING FROM YOUR USE OF OUR PRODUCTS & SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US ON THE RELATED PURCHASE ORDER TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of our Products & Services; (3) breach of these Terms & Conditions; (4) any breach of your representations and warranties set forth in these Terms & Conditions; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to or give access to us for the purpose of managing your account and related Products & Services, as well as data relating to your use of our Products & Services.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting any of our websites, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA OUR WEBSITES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

MISCELLANEOUS

These Terms & Conditions and any policies or operating rules posted by us on www.impressdesings.com, related sites, in respect to our sites, our contracts executed outside of our sites constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms & Conditions shall not operate as a waiver of such right or provision. These Terms & Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms & Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms & Conditions and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms & Conditions or use of the Site. You agree that these Terms & Conditions will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms & Conditions and the lack of signing by the parties hereto to execute these Terms & Conditions.

CONTACT US

In order to resolve a complaint regarding our Products & Services or to receive further information regarding use of our Products & Services, please contact us at:

Impress Designs, Inc.
1404 W Main St.
Carrollton, TX 75060
United States
Phone: 469-965-2434
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