Terms and Conditions
Agreement between User and swagwell.com
Welcome and thank you for choosing Swagwell and Swagwell.com. The swagwell.com website (the "Site") is comprised of various web pages operated by Swagwell Branded Supply Company ("Swagwell"). Swagwell.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of Swagwell.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
swagwell.com is an E-Commerce Site.
Swagwell.com provides customized promotional products, apparel, signage and display materials meant for marketing or informational purposes. Swagwell also provides other services related to the sale of promotional products, including creative marketing, branding, design and fulfillment services through third-party service providers.
Visiting Swagwell.com or sending emails to Swagwell constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Swagwell is not responsible for a third party access to your account that results from theft or misappropriation of your account. Swagwell and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Swagwell does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use swagwell.com only with permission of a parent or guardian. Persons 18 years of age or older only are permitted to register and make purchases on the site.
Return and Refund Policy
The goal of our people, processes, and technology at Swagwell is to make each transaction smooth, transparent and without surprise. That’s why every order is fully backed by our Pinky Swear Promise. In the event you are not fully satisfied with your delivered order please review the policies below regarding returns and refunds.
Return Authorization: No return of orders will be accepted without prior authorization. Please contact us at (888) 585-7924 to review your order and initiate a claim for return authorization. Upon approval, Swagwell will arrange for pickup, shipment, and return of the goods in question at our expense.
Branded (Customized) Goods: Except in cases of manufacturing defects and/or material design flaws, goods that have been branded (customized with a logo, text or design) are not returnable. Misprints or product branding errors resulting from a client approved pre-production proof are not available for a refund or return. (See pre-production proofs section below.)
Blank Goods: Orders for blank goods (without branding or customization) can be returned within 15 days from the day of receipt. Goods must be in their original packaging and in new, unused and resellable condition. Returns for blank goods will be subject to a restocking fee ranging from 10-20% of the total order amount due to the varying restocking policies of the numerous factories we represent.
Pre-Production Proofs: Swagwell provides a pre-production artwork proof of each product prior to production to be approved by the client. Omissions, misspellings and other errors in the pre-production proof design that are approved by the client are not subject to a refund or discount once the order is in the production phase. READ AND REVIEW THE DETAILS OF YOUR PRE-PRODUCTION PROOF CAREFULLY!
Order Cancellation: Once payment and order confirmation have been approved your order will go into the production phase. Cancellation requests for orders in the production phase will not be allowed. In rare instances, we may consider a partial cancellation depending upon the status of production completion status.
Links to Third Party Sites/Third Party Services
Swagwell.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Swagwell and Swagwell is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Swagwell is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Swagwell of the site or any association with its operators.
Certain services made available via swagwell.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the swagwell.com domain, you hereby acknowledge and consent that Swagwell may share such information and data with any third party with whom Swagwell has a contractual relationship to provide the requested product, service or functionality on behalf of Swagwell.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Swagwell or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Swagwell content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Swagwell and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Swagwell or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by Swagwell from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Swagwell Content accessed through Swagwell.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Swagwell, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Swagwell reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Swagwell in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Governing Law and Jurisdiction
The Agreement will be governed by and construed in accordance with the laws of the State of Georgia. Any dispute arising from the Terms and Conditions or breach of the Terms and Conditions will be governed in accordance with the laws of the State of Georgia without regard to any conflicting choice of law rules, and you agree to personal jurisdiction by the state and federal courts for Forsyth County, Georgia. You hereby expressly waive any rights to a trial by jury in any action, proceeding or counterclaim on any matters whatsoever arising out of, or in any way connected with, the Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Swagwell agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SWAGWELL BRANDED SUPPLY CO. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
SWAGWELL BRANDED SUPPLY CO. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SWAGWELL BRANDED SUPPLY CO. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Due to variances of materials and other circumstances beyond our control, Swagwell cannot guarantee consistency of shade, color, size, texture or construction of finished goods from lot to lot. Due to manufacture tolerances, all dimensions have acceptable variations that are dependent on the product.
Swagwell reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Georgia and you hereby consent to the exclusive jurisdiction and venue of courts in Georgia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Swagwell as a result of this agreement or use of the Site. Swagwell's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Swagwell's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Swagwell with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Swagwell with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Swagwell with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Terms of Payment
A credit card is the standard payment method for customers and is required for first-time buyers.
We will authorize your credit card while your order is being processed, but your credit card will not actually be charged until after your order has been shipped.
If you use a debit card, your bank will hold funds from your checking account at the time of authorization, but not remit the funds to us until the order is invoiced by us. When the order invoices, any difference from the original authorized amount will be credited to your checking account and then your bank will remit payment to us.
By using a credit card or debit card, you represent and swear that all credit/debit card information you supply to us belongs to you and is current and accurate; and all charges incurred by you will be honored by your credit card company or your bank.
Repeat customers may apply for Net 15 terms by completing a credit application. The credit application process can take up to 7-10 days. For unpaid balances on accounts that are more than 30 days past due a 1.5% finance charge (18% annual percentage rate) will be added per month.
For orders originating overseas, a 50% deposit is due before production begins and the remaining balance due before goods leave the factory.
Swagwell shall not be held liable for delays or inability to ship orders due to quota restrictions, U.S. Customs clearing problems, natural disasters, labor disputes, freight line delays, or any other act of God.
Changes to Terms
Swagwell reserves the right, in its sole discretion, to change the Terms under which Swagwell.com is offered. The most current version of the Terms will supersede all previous versions. Swagwell encourages you to periodically review the Terms to stay informed of our updates.
Swagwell welcomes your questions or comments regarding the Terms:
Swagwell Branded Supply Co.
Suwanee, Georgia 30024