Terms | The Winning Team

Terms and Conditions

Acceptance of Terms

By accessing and utilizing the services provided by The Winning Team, Inc. ("The Winning Team," "we," "us," or "our"), including but not limited to the procurement of decorated apparel and promotional products, and/or the utilization of our website and online services, you ("the Customer," "you," or "your") hereby acknowledge and agree to be bound by these Terms and Conditions. These Terms and Conditions constitute a legally binding agreement between you and The Winning Team. If you do not agree to these Terms and Conditions in their entirety, you are prohibited from accessing or using our services.

Provision of Services

The Winning Team specializes in the embellishment and customization of apparel and promotional items through a variety of methods, including screen printing, embroidery, direct-to-film printing, pad printing, and other related techniques. We further offer fulfillment services, encompassing order processing, packaging, and shipment of completed products. The specific details of each service, including but not limited to available product options, customization limitations, and turnaround times, may vary and are subject to change. The Winning Team reserves the right to modify or discontinue any service offering without prior notice.

Customer Responsibilities

In utilizing the services of The Winning Team, the Customer agrees to the following:

Provision of Accurate Information: The Customer shall provide accurate and complete information necessary for the fulfillment of their order, including but not limited to contact details, shipping addresses, and product specifications.
Ownership of Intellectual Property: The Customer represents and warrants that they possess all necessary rights, licenses, and permissions to utilize any and all logos, trademarks, copyrighted materials, or other intellectual property ("IP") provided to The Winning Team for reproduction on products. The Customer shall indemnify and hold harmless The Winning Team from and against any and all claims, losses, damages, liabilities, costs, and expenses (including attorney's fees) arising from or relating to any actual or alleged infringement of any third-party IP rights related to the Customer's order.
Compliance with Laws: The Customer shall comply with all applicable laws and regulations in connection with their use of The Winning Team's services and products.
Customer-Supplied Items: While The Winning Team accepts items supplied by the Customer for customization, we assume no responsibility for the quality, suitability, or accuracy of such items. Any discrepancies, defects, or inaccuracies in Customer-supplied items shall not be the responsibility of The Winning Team.
Written Consent for Production: To ensure order accuracy and mitigate potential disputes, The Winning Team requires explicit written consent from the Customer through our designated online portal before commencing production on any order. While we may, at our discretion, proceed with production based on email, text, or verbal consent, the Customer acknowledges and agrees that doing so is at their own risk, and The Winning Team shall not be held liable for any errors, omissions, or discrepancies arising from such informal authorizations.

Pricing and Payment

Payment Terms: Unless otherwise expressly agreed upon in writing by The Winning Team, full payment for all orders is required prior to the commencement of production. Accepted methods of payment include [list accepted payment methods, e.g., credit card, debit card, check].
Pricing: Prices for products and services are subject to change without prior notice. The Winning Team shall endeavor to provide accurate pricing information, but errors may occur. In the event of a pricing error, The Winning Team reserves the right to cancel or modify the order.

Order Fulfillment and Shipping

Production Time: Production times vary depending on the complexity and volume of the order. The Winning Team shall provide estimated production timelines, but these are not guaranteed.
Shipping: The Winning Team utilizes third-party carriers for the shipment of completed orders. Shipping costs are calculated based on the destination, weight, and dimensions of the package. The Customer is responsible for all shipping charges.
Delivery: The Winning Team is not responsible for delays in delivery caused by factors outside of our control, including but not limited to carrier delays, weather conditions, and incorrect shipping information provided by the Customer.

Product Acceptance and Returns

Product Acceptance: Upon receipt of their order, the Customer shall inspect the products for any defects or discrepancies. Any issues must be reported to The Winning Team within [number] business days of delivery.
No Returns or Refunds: Due to the customized nature of the products, The Winning Team does not accept returns or provide refunds, except in cases of defects in materials or workmanship attributable to The Winning Team.
Garment Replacement Limitation: In the event of a defect in materials or workmanship attributable to The Winning Team, garment replacement is limited to instances where the cost of replacing the garment does not exceed the cost of the decoration applied to the garment.

Disclaimers and Limitations of Liability

Disclaimer of Warranties: The Winning Team provides its services and products "as is" without warranty of any kind, express or implied, including but not limited to any warranties of merchantability, fitness for a particular purpose, or non-infringement.
Limitation of Liability: To the fullest extent permitted by applicable law, The Winning Team shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to the use of our services or products, even if The Winning Team has been advised of the possibility of such damages.

Intellectual Property Rights

All intellectual property rights in and to the website, services, and products of The Winning Team, including but not limited to trademarks, copyrights, and trade secrets, are owned by or licensed to The Winning Team. The Customer is granted no right or license to use any of The Winning Team's intellectual property without our express written consent.

Data Privacy

The Winning Team collects and processes personal data from Customers in accordance with our Privacy Policy, which is incorporated herein by reference. By using our services, the Customer consents to the collection and use of their personal data as described in the Privacy Policy.

Indemnification

The Customer agrees to indemnify and hold harmless The Winning Team, its affiliates, officers, directors, employees, and agents from and against any and all claims, losses, damages, liabilities, costs, and expenses (including attorney's fees) arising out of or relating to the Customer's use of The Winning Team's services or products, the Customer's breach of these Terms and Conditions, or the Customer's violation of any applicable law or regulation.

Refusal of Service

The Winning Team reserves the right to refuse service to any Customer at our sole discretion. This includes, but is not limited to, instances where the Customer submits designs, content, or materials that we deem distasteful, offensive, depict violence, promote discrimination, or are otherwise inconsistent with our company values and moral standards.

Governing Law and Dispute Resolution

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms and Conditions shall be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California.

Entire Agreement

These Terms and Conditions constitute the entire agreement between the Customer and The Winning Team with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.

Severability

If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck from these Terms and Conditions and the remaining provisions shall remain in full force and effect.

Waiver

No waiver of any provision of these Terms and Conditions shall be effective unless in writing and signed by The Winning Team.

Modifications

The Winning Team reserves the right to modify these Terms and Conditions at any time in its sole discretion. Any modifications will be effective immediately upon posting on the website. The Customer's continued use of The Winning Team's services following the posting of any modifications constitutes acceptance of such modifications.

If you have any questions about these Terms and Conditions, please contact us at 661.295.1428