Draft for site structure only. Replace bracketed placeholders and have a lawyer review this terms of service before the site goes live.
Terms of Service
Last updated: [DATE]
These Terms of Service (the “Terms”) are a draft for [LEGAL BUSINESS NAME], doing business as Durmus Ink Co. (“Company,” “we,” “us,” or “our”), and govern access to and use of our website and custom apparel services. They are not a substitute for review by qualified counsel. Replace all bracketed placeholders before launch.
1. Agreement
By requesting a quote, creating an account, or otherwise using this website, you agree to these Terms on behalf of yourself and the business you represent. If you do not agree, do not use the site or our services.
The contracting party is [LEGAL BUSINESS NAME], organized in [STATE/COUNTRY], with a principal place of business at [BUSINESS ADDRESS].
2. Who we serve
Our services are intended for business customers (B2B). You represent that you have authority to bind the company named in your order or quote request.
3. Quotes, orders, and proofs
Quotes are estimates based on the information you provide, including quantities, sizes, garments, decoration method, and timing. Quotes may expire as stated on the quote, or after [QUOTE VALIDITY PERIOD] if no period is listed.
A production order is not final until: (a) you approve the artwork/proof in writing (including email); (b) commercial terms are agreed; and (c) any required deposit is received. We may refuse or cancel an order that we cannot produce as specified.
4. Artwork and customer materials
You are responsible for providing logos, artwork, and brand assets you have the right to use. You grant us a limited license to reproduce those materials solely to quote, proof, and fulfill your order.
You represent that your materials do not infringe third-party rights and are not unlawful. We may decline work that we reasonably believe is infringing, defamatory, or otherwise inappropriate.
5. Production, color, and quantity
Printed and embroidered products can vary slightly from digital proofs and from lot to lot. Reasonable commercial variation in color, placement, and hand-feel is not a defect.
Unless otherwise agreed in writing, overruns or underruns of up to [OVERRUN / UNDERRUN PERCENTAGE]% may occur and will be billed or credited accordingly.
6. Delivery and risk of loss
Delivery dates are estimates. We are not liable for delays caused by carriers, supply shortages, incomplete customer approvals, or events beyond our reasonable control.
Title and risk of loss pass to you upon [SHIPMENT / DELIVERY] to the address you provide, unless otherwise agreed in writing.
7. Pricing and payment
Prices are as stated on the applicable quote or invoice, exclusive of taxes, duties, and shipping unless noted. Payment terms are [PAYMENT TERMS, e.g., 50% deposit, balance before ship]. Late amounts may accrue interest at [LATE FEE / INTEREST] or the maximum allowed by law, whichever is less.
8. Cancellations and changes
Changes after proof approval may incur additional charges and delay delivery. Cancellations after production has begun may not be refundable for work already performed or materials already purchased. Custom decorated goods are generally not returnable except as required by law or as we agree in writing for a documented production defect.
9. Limited warranty
We warrant that goods will materially conform to the approved proof and the agreed specifications, subject to the commercial variations described above. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Claims must be made in writing within [CLAIM WINDOW, e.g., 10 business days] of delivery, with photos and a description of the issue.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS OR AN ORDER WILL NOT EXCEED THE AMOUNTS YOU PAID US FOR THE SPECIFIC ORDER GIVING RISE TO THE CLAIM. WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR LOST-PROFITS DAMAGES.
Some jurisdictions do not allow certain limitations; in those cases, our liability is limited to the fullest extent permitted.
11. Indemnity
You will indemnify and hold harmless the Company and its owners, employees, and agents from claims, damages, and expenses (including reasonable attorneys’ fees) arising from your artwork, your breach of these Terms, or your misuse of the goods.
12. Accounts
If you create a customer account, you must provide accurate company information and keep credentials confidential. We may suspend accounts that we reasonably believe are misused.
Orders displayed in the customer dashboard are provided for your convenience. The production record and invoice control if there is a conflict.
13. Website use
You may not misuse the site, attempt unauthorized access, scrape in an abusive manner, or submit unlawful content. We may change or discontinue the site at any time.
14. Governing law
These Terms are governed by the laws of [STATE/COUNTRY], without regard to conflict-of-law rules. Exclusive venue for disputes is the state and federal courts located in [VENUE / COUNTY], unless applicable law requires otherwise.
15. Changes
We may update these Terms by posting a revised version on this page. The “Last updated” date will change when we do. Continued use after posting constitutes acceptance of the revised Terms.
16. Contact
Questions about these Terms: [CONTACT EMAIL] | [BUSINESS PHONE] | [BUSINESS ADDRESS].