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Terms and Conditions
1.1 These Terms and Conditions are a binding contract between you, the customer, and Glacier Clothing Company (“GCC”) and contain the general terms and conditions of your purchase of any Goods from GCC. Any special terms or conditions shall not be binding on GCC unless explicitly stated by GCC in a writing signed by GCC. Any other terms and conditions on any purchase order, service order, or other contractual or ordering document submitted by you shall have no force or effect and are superseded by these Terms and Conditions and the Special Terms and Conditions, if any.
In these Terms and Conditions, the following words shall have the definitions ascribed to them:
Contract – means any contract for the sale of goods and/or the supply of services between GCC and you;
Goods – means the goods and/or services which GCC supplies in accordance with these Terms and Conditions;
You and your – means the person, including any business entity, placing an Order for Goods with GCC;
Order – means a paper or electronic document requesting that GCC provide you the Goods specified in the document, including that GCC may require you to use a specified order form;
Special Terms and Conditions: terms and conditions that apply to an Order, in addition to these Terms and Conditions, including but not limited to those set forth on Decoration Order Forms;
Terms and Conditions – means these terms and conditions, including any special terms and conditions confirmed in writing by GCC;
2. BASIS OF SALE
2.1 These Terms and Conditions along with and Special Terms and Conditions set out the entire agreement and apply to all Contracts between you and GCC for the sale of Goods. You will be notified of Special Terms and Conditions that apply to your Order. Subject to Section 6.5 only, you may not return any Goods.
2.2 Decorated Goods are not returnable. All pricing, colors, placements, specifications, drawings, designs, quantities, and particulars of weights, dimensions and performance issued by GCC are estimated approximations only. You acknowledge that differences may exist in any one or more of these factors and could depend on any number of variables including but not limited to increased cost of supplies or labor, lighting, angle of view, variations in manufacturing, flexibility of fabrics, and combination with other colors. You have no basis to return any Goods based on any one or more of the variations described in this section.
2.3 GCC reserves the right to withdraw any offer or special promotions at any time before or after accepting your Order. Your sole remedy for GCC’s removal of any offer or special promotion after you place an Order is a refund of amounts actually received by GCC. You have no remedy for any offers or special promotions withdrawn before GCC accepts the Order except for money actually received by GCC and paid by you for such offer or special promotions.
3. ORDERS AND SPECIFICATIONS
3.1 Your Order is your irrevocable, binding offer to purchase the Goods specified on the Order. GCC’s only method of acceptance is shipment of the Goods described in your Order. All Orders are subject to availability and on a first-come, first-served basis. You acknowledge that the Goods for which you place an Order may not be available due to any number of reasons, such as third-party supplier shortage, backordering, or any other factor not in the sole control of GCC.
3.2 You shall be solely responsible for ensuring the accuracy of the terms of any Order submitted by you, and for giving GCC any necessary information requested by GCC relating to the Goods within a sufficient time to enable GCC to perform the Contract in accordance with these Terms and Conditions.
3.3 If you order decoration of garments, a sample of the decoration (embroidery, heat transfer, dye sublimation, etc.) will be generated after GCC receives garments. The decoration on garment will be photographed and emailed to you for design and placement approval by you. Decoration will be processed only after GCC’s receipt of your approval. In approving any decoration, you acknowledge the possible variations outlined in Section 2.2 of these Terms and Conditions.
3.4 After GCC receives your Order, we will send you a placement photo for your approval and an estimated production start date. GCC endeavors to begin production of your decoration within 15 business days of receipt from you of completed Decoration Order Forms, but this may vary due to any number of reasons. For GCC to begin production of your Order, you must complete accurately the associated decoration portion of your Order, and the garments must arrive at GCC’s production facility within one week of GCC receiving your completed and accurate Order without changes, and your approval is received by GCC within two business days from the time the placement photo is sent to you by GCC. Order changes will move your start date back to the next available scheduled production run, which may be more than 15 business days. Expedited Orders are subject to additional costs, Special Terms and Conditions, and the approval of GCC, in GCC’s sole and absolute discretion.
4. PRICE OF THE GOODS
4.1 The price of the Goods shall be the price confirmed by GCC upon placement with the courier.
4.2 While GCC tries to ensure that all prices on our website are close approximations, errors may occur. If GCC discovers an error in the price of Goods you have ordered, GCC will inform you promptly and give you the option of re-confirming the Order at the correct price or canceling it. If GCC is unable to contact you or you fail to respond to GCC contacting you, GCC will cancel the Order without notice. If you have already paid for the Goods and the Order is subsequently cancelled, you will receive a refund equal to the amount actually received by GCC less amounts actually paid by GCC to fulfill your Order.
4.3 In the event that GCC is unable to supply the Goods at the price, specification or by the delivery date stated in the Order, GCC may notify you of any such changes. When the Goods ordered are not available, GCC may offer you substitute Goods. In the event that the substitute Goods are at a different price, you will be asked to re-confirm your Order at the new price. Your purchase of substitute Goods shall be subject to a separate Order.
4.4 The price of Goods is exclusive of any applicable shipping charges, customs charges, credit card and other fees, taxes of any kind (at the rate from time to time in force), and any packaging, handling, or delivery costs, including any associated with returns. You shall be liable for all such charges, fees, taxes and costs, and you acknowledge that any estimate of these charges, fees, taxes and costs are merely estimates, and that you will pay immediately the full and actual amount upon demand from GCC.
5. TERMS OF PAYMENT
5.1 All payments shall be taken at the time you place your Order unless GCC has agreed to credit terms, in GCC’s sole and absolute discretion. Any amounts unpaid after the due date shall accrue interest at the rate of eighteen percent (18%) per annum until paid.
6.1 You shall make all arrangements to take delivery of the Goods whenever they are tendered for delivery to you. A signature is not required for drop-shipped Orders delivered to a residential address, and you will pay for all drop-shipped Orders, regardless of any signature. Residential recipients are both responsible and liable for any and all delivered Orders, as evidenced by the courier’s records.
6.2 GCC endeavors to provide you with an estimated date on which the Goods will be ready for delivery. Where GCC becomes aware that the date for delivery may be delayed, GCC will attempt to notify you and endeavor to provide you with a revised delivery date. GCC shall not be liable to you or any other third party for any loss you incur, whether financial or otherwise, resulting directly or indirectly from a delay or failure to meet a delivery date for any reason.
6.3 If, due solely to GCC’s gross negligence or willful misconduct, GCC fails to deliver Goods (or any installment) within thirty (30) days after the most recent delivery date provided to you by GCC, GCC’s liability shall be limited to the amount actually received by GCC for the non-delivered Goods. You are not entitled to any replacements or substitutions unless otherwise explicitly agreed to in a writing signed by GCC.
6.4 GCC reserves the right to store the Goods until actual delivery and charge you for the reasonable costs of storage, insurance, and subsequent delivery charges GCC may incur if you fail to take delivery of the Goods or fail to give GCC adequate delivery instructions at the time stated for delivery.
6.5 You will have accepted all Goods delivered to you, and automatically waived any claims for any and all defects in the Goods and discrepancies from the Order unless GCC receives within 5 business days of delivery of those Goods written notice describing in complete detail the defects and discrepancies.
6.6 GCC ships on GCC’s shipping accounts only. Shipping on your account is not allowed. Shipping to multiple addresses may be subject to additional charges. The standard shipping method is ground, unless otherwise noted on your Order. Expedited shipping charges for any reason are your sole and exclusive responsibility.
7. RISK AND PROPERTY
7.1 All goods are FOB at GCC’s place of business. Risk of damage to or loss of the Goods shall pass to you at the time it is placed with a courier for delivery, even if on our premises.
8. WARRANTIES AND LIABILITY LIMITATIONS
8.1 GCC MAKES NO WARRANTIES WHATSOEVER, EXPRESS, IMPLIED OR STATUTORY. GCC SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT WILL GCC BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT (INCLUDING LOSS OF PROFITS, USE, DATA, OR OTHER ECONOMIC ADVANTAGE) HOWEVER IT ARISES, WHETHER FOR BREACH OF THIS AGREEMENT, INCLUDING BREACH OF WARRANTY, IN STRICT LIABILITY, OR IN TORT, EVEN IF YOU OR THE THIRD PARTY HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
8.2 FURTHERMORE, GCC’S MAXIMUM LIABILITY TO YOU OR ANY THRID PARTY SHALL BE LIMITED TO THE AMOUNTS ACTUALLY RECEIVED BY GCC FOR THE GOODS PURCHASED BY YOU THAT ARE INVOLVED DIRECTLY IN SUCH LIABILITY.
8.3 You shall defend, indemnify, and hold harmless GCC and all its affiliates, officers, employees, members, agents, and suppliers for any claims of any kind asserted by any third party arising out of, caused by, or connected directly or indirectly with the Goods, including but not limited to product defect, infringement of any intellectual property right, or workmanship.
9.1 Neither party shall be liable to the other or deemed to be in breach of Contract by reason of delay or failure to perform any of that party’s obligations if the delay or failure to act is due to a cause beyond that party’s reasonable control.
9.2 These Terms and Conditions do not purport to confer a benefit on any third party.
9.3 Any notice required or permitted to be given by either party to the other under these Terms and Conditions shall be in writing addressed to the other party and delivered to you at the address on the Order and to us at our address set forth on the Order confirmation, or any subsequent or alternative address which one party may notify to the other from time to time, in advance.
9.4 Where GCC does not take action against you for any breach of the Contract, GCC shall not be prevented from taking action against you in respect of any subsequent breach of the same or any other provision.
9.5 Where any competent authority deems any part of these Terms and Conditions to be invalid or unenforceable in whole or in part, then the offending part shall be removed and the validity of the remainder of the Terms and Conditions shall not be affected.
9.6 The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.
9.7 Unless expressly stated otherwise, where rights and decisions are to be exercised or made at our discretion, then GCC shall be under no duty or obligation to you to justify or provide a reason for the decision.
9.8 Any dispute between you and GCC under or related directly or indirectly to any Order shall be subject to binding arbitration held in Flathead County, Montana by a single arbitrator. The cost of arbitration shall be split evenly by the parties to the arbitration. The parties shall agree upon the arbitrator. If the parties are not able to agree on an arbitrator within thirty (30) days of a party’s receipt of a written demand or arbitration, either party shall ask the then-presiding president of the Northwestern Montana Bar Association to appoint an arbitrator. The parties agree to defend and indemnify the President for any claims of any kind asserted by any party arising out of, caused by, or connected directly or indirectly with such selection process. All contracts between GCC and you shall be subject to and construed by Montana law, without respect to Montana’s choice of law provisions.
9.9 The substantially prevailing party to any dispute between you and GCC shall be entitled to its attorney’s fees, costs, and expenses of arbitration only if such arbitration includes collection of amounts owed by you to GCC for Goods.