The Dispute Resolution section of these terms contains a binding arbitration agreement and class action waiver that waives your right to a court hearing or jury trial.
By purchasing merchandise, gift cards, and/or e-gift cards from the Thought in Print (TIP) Website, you agree to be bound by the following terms and conditions ("Sale Terms"), including the Dispute Resolution provision found below with its arbitration agreement and jury trial and class action waivers. Any of the following situations may be referred to as an order that was purchased from the TIP Website: (i) you placed an order via thoughtsinprint.com or tipshirts.com (desktop or mobile); (ii) you placed an order via theTIP mobile app; (iii) or you placed an order via the telephone.
The current version of the Sale Terms is available at thoughtsinprint.com. Because the Sale Terms are subject to change at any moment, please review and save a copy of the Sale Terms prior to placing your order. If you have questions in regards to these Sale Terms and/or any aspect of your order, then please contact the TIP Customer Support Department by email at firstname.lastname@example.org or by telephone at +1-877-275-1617.
Order and Acceptance
- Each part of an order that you submit to TIP constitutes an offer to make a purchase. If you have placed your order through the TIP Website, then, after TIP receives your order, you will receive an email from TIP confirming receipt of your order (usually in minutes). If you do not receive an email from TIP confirming receipt of an order that you placed, please contact the TIP Customer Support Department at the contact information provided above before you attempt resubmit for the same order. Please note that TIP's confirmation of receipt of your order does not equate to TIP's acceptance of your order.
- TIP is not deemed to have accepted any part of your order until the requested item(s) has/have been shipped and TIP has sent a Shipment Confirmation Email.
- If TIP rejects your order due to an error in pricing and/or other information, then TIP will notify you at the email address that you have provided. Once the error has been corrected, TIP will ask you whether or not you would like to re-submit your order. If TIP has notified you that your order has been accepted by sending you a Shipment Confirmation Email, then you will not be required to pay a price that is greater than the order total that is listed in the email. If TIP has distributed merchandise that is different from the description of the relevant merchandise (as displayed on the TIP Website at the time at which you placed your order), then you may request a return. For additional details, please review the TIP Returns Policy.
Although it is unlikely that TIP would refuse to accept an order, TIP reserves the right to deny any order for any reason, including where the following situations arise:
Product and Pricing Information or Changes
TIP strives to provide the most accurate and up-to-date representations of our products on our Website. We take reasonable steps to ensure that pricing, product descriptions, promotions, offers, availability, and other aspects not enumerated are correct at the time the relevant information is entered into the system. However, occasionally, our Website may contain typographical errors, inaccuracies, or omissions that may relate to pricing, and other aspects of products. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any product information is incorrect at any time without prior notice. This includes the right to cancel your order after it has been submitted if there are any inaccuracies on our Website. If this occurs, then TIP will contact you so that you are aware of the situation. If you believe your order has been cancelled by mistake, please contact TIP by email at email@example.com.
Error(s) in Billing, Payment, and/or Shipping Information
Some orders cannot be processed due to erroneous information that you have provided, which includes, but is not limited to:
- Incorrect credit card or debit card number, expiration date, and/or security value.
- Other incorrect information regarding payment types.
- Incorrect billing information (e.g. when you provide billing information that is inconsistent with the billing information that your financial institution has on record).
- Insufficient or incorrect information regarding your shipping address (e.g. street address, city, state, zip or postal code, etc.).
- Suspected fraudulent information.
Delayed Shipment or Unavailability of Merchandise
If an item of merchandise is delayed out of the TIP fulfillment center or becomes unavailable, then TIP may cancel the order. If this occurs, then TIP will contact you so that you are aware of the situation.
Reshipping of Merchandise
TIP's policies do not allow merchandise to be reshipped in any way. Any order that is being shipped to a "Freight Forwarding Company" will not be accepted. A complete listing of countries to which TIP ships can be accessed on the Shipping and Handling page.
Resale of Merchandise
TIP is a private label brand. In order to protect TIP's intellectual property rights, any suspected resale of merchandise for personal and/or business profit is strictly prohibited. TIP will not accept any order that is deemed to possess characteristics of reselling. TIP reserves the right to cancel any subsequent order from a customer who has been suspected of reselling.
Previous Fraudulent Order History
TIP may refuse to accept any order if fraudulent activity is suspected. TIP may refuse to process any subsequent order from a customer who has a history of placing fraudulent orders. TIP may refuse any order that is connected with a previous credit card dispute.
Engagement With TIP and Affiliates
TIP reserves the right to block from receiving marketing communications and/or the right to remove and/or unsubscribe from all Company platforms any email address, phone number, and/or mailing address that is associated with a customer who has been determined by the Company to possess characteristics of reselling and/or a customer order that has been determined by the Company to be fraudulent. Company platforms affected by such removal include, but are not limited to: (i) any of the Company's online accounts; (ii) promotional club memberships; (iii) email marketing lists; (iv) text messaging programs; and/or (v) direct mailing lists. In addition, affected customers may be prohibited from accessing and/or registering for each of the aforementioned platforms in the future.
If you are not satisfied with your purchase made on the TIP Website or App, return it to us for a refund subject to the following terms:
- To receive a refund, minus shipping charges, to the original payment method, merchandise must be returned within 30 days of the order shipment date accompanied with the original receipt, invoice, or order confirmation. If there are multiple shipments in an order, then merchandise must be returned within 30 days from the date of the last shipment. The 30-day return period will be applied to the different return methods as follows:
- Return using our online returns process: return must be initiated within 30 days of the ship date.
- Return outside of the online returns process: merchandise must be received by the Thoughts in Print Returns Department within 30 days of the ship date.
- Custom and personalized product sales are final and are not eligible for returns, exchanges, cancellations or alterations. Custom and personalized products include, but are not limited to, products that are screen printed, embroidered, embellished, or personalized with a photograph or graphic at the customer's request. If you are unsure whether a product is custom or personalized, please contact the TIP Customer Support Department before placing the order. In addition, for hygienic purposes, face masks are not eligible for return.
- To return your merchandise online, visit the Start My Return page to start your return now. Upon submitting your online return, you will receive a return label via email. A fee of $7.00 will be deducted from your refund to use this label. Drop off your return at a local post office, and your refund or exchange will be processed as soon as Thought in Print has confirmed receipt of your return.
To receive a refund, send your merchandise back to us at:
Thoughts in Print
P.O. Box 340533
Sacramento, CA 95834
If you choose your own carrier you will be responsible for return shipping costs.
Once we process your return, you will receive an email notification regarding your
Merchandise must be returned in its original individual packaging where applicable (e.g. mugs, hats, or accessory boxes, etc.).
We refund any merchandise in resalable condition (items must be returned free of odors, pet dander, stains, etc.) with a copy of your original invoice to the original payment method or order confirmation to the original payment method if mailed to the address listed above.
Quality of Your Merchandise
If you believe that your TIP merchandise is faulty, damaged, or does not correspond to its description on our Website, email firstname.lastname@example.org or call us at +1-877-275-1617.
Customer Initiated Order Cancellations and Changes
You may make changes to or cancel your order at any time prior to the printing of your order in the TIP Distribution Center. To make changes to or cancel your order, please contact the TIP Customer Support Department by email at email@example.com or by telephone at +1-877-275-1617.
If you placed your order via the TIP Website and your order has already been printed, then you may request a return in accordance with the TIP Returns Policy (above).
Merchandise on Backorder
Merchandise on backorder is temporarily out of stock. If TIP is unable to ship any merchandise on backorder seven (7) days from the date on which the item backorder email was issued, then TIP will notify you at the email address that you have provided. You will not be charged for merchandise on backorder until it has been shipped. The shipping and handling for each item in an order is distributed so that it is directly proportional to the cost of an item; you will not be charged in the applicable proportional amount until the respective item has been shipped. All items in an order will be shipped via the shipping service type that you selected when placing your order. The status of a backordered item will remain open in an order until: (i) the merchandise is in stock, TIP has taken payment, and TIP has shipped the merchandise; (ii) TIP has contacted you to inform you that an item has been cancelled; or (iii) you contact TIP for the purpose of making a change to or cancelling your order.
Prices and Payments
TIP may vary the price of its merchandise at any time. After TIP has accepted an order, TIP will not alter the price (except for merchandise that is eligible for a price adjustment).
Payments by Credit Card
When you pay for an order using a credit card, TIP reserves the right to request additional evidence of your billing information. Please note that all payments with a debit card will be processed in the form of credit. The charge for your order will appear on your credit card statement as “Thoughts in Print.” If you contest the validity and/or the amount of a charge pertaining to an order from TIP and you believe it to be fraudulent, then please contact TIP by email at firstname.lastname@example.org. TIP will fully prosecute any fraudulent activity pertaining to the reversal of a valid charge for an order filed and delivered to the customer. In the event that your order has been cancelled, any "authorization hold" will drop off of your account within three (3) to five (5) business days.
Check your receipt and notify TIP customer support at email@example.com of any overcharge. We will refund you the difference between the overcharge and the purchase price.
The charges for shipping and handling will depend on the weight of your order. You may access a list of TIP's shipping and handling charges and TIP's terms of delivery on the Shipping & Handling page.
- Any Dispute between You and TIP shall be resolved through individual arbitration. In arbitration, there is no judge or jury and there is less discovery and less appellate review than in court.
- This arbitration provision shall be interpreted broadly. "Dispute" means any claim or controversy between You and TIP, including but not limited to any: (1) claims for relief or theories of liability, whether based in contract, tort, statute or otherwise, or that relate to the existence of this Agreement; (2) claims that arose before this Agreement; (3) claims that may arise in the future, including claims that may arise after the cancelation or expiration of this Agreement; and (4) claims that are the subject of a putative class action in which no class has been certified. "Dispute" does not, however, include any issues arising from or relating to the arbitrability of any Disputes under this provision or the scope, validity, or enforceability of this arbitration provision. "You" means the person who made a purchase from TIP in any manner including but not limited to online or through the TIP mobile app. "TIP" means Thoughts in Print, successors, assigns, parents, subsidiaries, affiliates, vendors and independent contractors, and each of their officers, directors, employees and agents.
- Right to Sue in Small Claims Court.
- Notwithstanding anything in this arbitration provision to the contrary, either You or TIP may bring an individual action in small claims court if the amount claimed is within the jurisdiction of that court.
- Right to Enjoin Intellectual Property Misuse.
- Notwithstanding anything in this arbitration provision to the contrary, TIP may bring suit in court to enjoin infringement or otherwise enforce intellectual property rights.
- Right to Reject Future Changes to this Arbitration Provision.
- You may reject future changes to this arbitration provision by sending TIP written notice by certified mail postmarked no later than thirty (30) days after Your first receipt of notice of the change to Thoughts in Print, P.O. Box 340533, Sacramento, CA 95834. Your decision will not adversely affect Your relationship with or service from TIP. If You previously notified TIP of Your decision, You need not do so again.
- Procedures for Arbitration.
- This arbitration provision is governed by the Federal Arbitration Act. Arbitrations shall be administered by the American Arbitration Association ("AAA") pursuant to its Consumer Arbitration Rules (collectively the "AAA Rules") as modified by the version of this arbitration provision that is in effect when notice of a Dispute is given. The AAA Rules can be obtained from the AAA by visiting its website (www.adr.org) or calling its toll-free number (1-800-778-7879). If there is a conflict between this arbitration provision and the rest of this Agreement, this arbitration provision will govern. If there is a conflict between this arbitration provision and the AAA Rules, this arbitration provision will govern. If the AAA will not administer an arbitration in accordance with this arbitration provision, You and TIP will agree on (or if necessary petition a court of appropriate jurisdiction to appoint) an arbitration organization that will do Unless You and TIP agree otherwise, any arbitration hearing will take place in California. The arbitrator will issue a reasoned written decision that explains the essential findings and conclusions. The arbitrator's award may be entered in any court of appropriate jurisdiction.
- Right to Arbitral Fees and Costs.
- If You claim more than $10,000, the payment of the AAA's fees and costs will be governed by the AAA Rules. If You do not claim more than $10,000, the payment of the AAA's fees and costs will be TIP's responsibility. However, if the arbitrator finds that Your Dispute was frivolous or brought for an improper purpose, the payment of the AAA's fees and costs will be governed by the AAA Rules and You will reimburse TIP for all fees and costs that were Your obligation to pay under the AAA Rules.
- Right to Attorneys' Fees and Costs.
- You may hire an attorney to represent You. You are responsible for Your attorneys' fees and costs. You may recover them from TIP to the same extent as in court.
- Waiver of Jury Trials.
- Disputes in arbitrations and small claims court are resolved without a jury trial. Whether in arbitration or court, you and TIP waive the right to a jury trial.
- Waiver of Class Actions.
- Whether in arbitration or court, you and TIP waive the right to prosecute or participate in class action, collective action, or other representative action. You and TIP may seek relief only on behalf of themselves and only to the extent necessary to remedy their individual claims. This class action waiver is a material and essential part of and cannot be severed from this arbitration provision.
- This arbitration provision shall survive the cancellation or expiration of the Agreement.
Limitation of Liability
- For purposes of this limitation of liability provision, "TIP" includes not only Thoughts in Print but also its parents, subsidiaries, affiliates, predecessors, successors and assigns, and each of their respective officers, directors, employees and agents.
- You waive the ability to assert a claim against TIP more than one (1) year after the first event or fact that gives rise to the claim.
- In no event shall TIP be liable to you or to any third party for any indirect, incidental, or consequential damages (including but not limited to lost profits or business opportunities), regardless of the legal theory, regardless of whether such damages were foreseeable, and regardless of whether TIP was advised of the possibility of such damages.
- Notwithstanding the foregoing, these limitations of liability shall not apply to injuries: (1) to the body or person; or (2) caused by TIP's willful, malicious, reckless, or grossly negligent acts or omissions.
- These limitations of liability shall survive the termination of this agreement. Because the law regarding limitations of liability varies from state to state, these limitations of liability may not apply to you. Notice to New Jersey consumers: these limitations of liability apply in New Jersey.
Events Outside Our Control
An event outside our control means any event or cause beyond TIP's reasonable control, including without limiting (i) epidemic, pandemic, famine, earthquakes, floods, war, terrorism, whether foreign or domestic, overwhelming event(s) caused by natural forces, extreme weather, or other natural disaster; (ii) acts of civil or military authority, insurrection, riots, strikes, fire, or explosion; (iii) picketing, strikes, or labor shortage; or (iv) interruption of or delay in transportation, shortage or failure of supply of raw materials or finished merchandise, power outages, telecommunication outages, or any other intervening system, software, or service not operated by TIP.
Additional Terms and Resources
TIP is located, and controls the TIP Website, from its offices located in the State of California. These Sale Terms shall be governed by the laws of the State of California, without giving effect to its conflict of laws provisions. These Sale Terms are not enforceable by any party other than TIP and its customers. If any provision of these Sale Terms is determined to not be enforceable, then that particular term will be deleted and all other terms will remain.
Welcome to this Thoughts in Print website - www.thoughtsinprint.com, or www.tipshirts.com, microsite, or mobile site (this "Website") or mobile application ("App"). Please review the following terms and conditions ("Terms and Conditions") before using this Website/App. These Terms and Conditions, which may be modified from time to time, apply to all visitors to, or users of, this Website/App.
Your Use Generally
Your use of the Website/App confirms your acceptance of these Terms and Conditions and your agreement to be bound by them. If you do not accept these Terms and Conditions, do not use this Website/App. In the event of a violation of these Terms and Conditions, Thoughts in Print reserves the right to seek all remedies available by law and in equity. We may terminate your access or use of this Website/App at any time, for any reason or no reason and without prior notice to you. We may at any time and from time to time revise these Terms and Conditions by updating this posting. You should visit this page from time to time to review these Terms and Conditions to learn of and understand any changes, because they are binding on you. Your use of this Website/App following any such revisions constitutes your agreement to follow and be bound by the terms as revised.
Ownership of Content
The design of this Website/App and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, designs, video, audio, and written and other materials that appear as part of this Website/App (collectively, "Content" ) are protected by U.S. copyright laws and other U.S. and international laws and treaties. All Content is provided by Thoughts in Print under a limited license as a service to its current and prospective customers and may be used only for personal (that is, for the purchase of our merchandise) use. This limited license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license, allow others to copy, or otherwise exploit this Website/App, any of the Content, or any related software; and (b) you may not access or use the Website/App for any competitive or commercial purpose. Any unauthorized copying, alteration, distribution, transmission, performance, display, sale, or other use of the Content is prohibited. Thoughts in Print may revoke this limited license at any time for any or no reason. Any unauthorized use of Thoughts in Print Content, such as framing, in-line linking or other association with content or information not originating from the Thoughts in Print Website/App is not permitted. Linking to any Thoughts in Print web page also is prohibited. Thoughts in Print will aggressively enforce its intellectual property rights to the fullest extent of the law.
At Thoughts in Print, we take pride in our brand and do not condone and will not tolerate any unauthorized use of our trademarks, trade names, logos, names and trade dress (collectively, the 'Trademarks and Trade Dress'). Thoughts in Print and its affiliated companies retain all rights regarding the Trademarks and Trade Dress. The Trademarks and Trade Dress are protected by U.S. federal and state trademark laws and international laws and treaties. No license for the use of the Trademarks or Trade Dress is granted to you under these Terms and Conditions or by your use of the Website/App. Unauthorized use of our Trademarks and Trade Dress in any manner is strictly prohibited.
All features, specifications, products and prices of products and services described on this Website/App are subject to change at any time without notice. From time to time there may be information on the Website/App that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We make no representation as to the completeness, accuracy, or currency of any information on this Website/App. We reserve the right to make changes in information about price, description, or availability without notice. We reserve the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer (see, our Sale Terms.) We have made every effort to display as accurately as possible the colors of our products that appear on the Website/App; however, the actual color you will see will depend on your device, and we cannot guarantee that your device will accurately display our colors. The inclusion of any products or services on this Website/App does not imply or warrant that these products or services will be available over the internet or in each of our stores at any particular time.
Comments and other Communications
User Generated Content
The Website may permit you to voluntarily upload and/or post content ("User-Generated Content"), including photographs, videos, comments or other material. If you post comments or other text, you confirm that you are at least 14 years old or have your parent/guardian’s permission; if you post photographs or videos, you confirm you are at least 18 years old or have your parent/guardian’s permission; and by posting any User Generated Content, you agree to the following terms:
- Posting such User-Generated Content constitutes your consent and grant to Thoughts in Print of an irrevocable, non-exclusive, perpetual, worldwide, royalty free, unrestricted, and unlimited right and permission, but not the obligation, to utilize, reproduce, exploit, alter, edit, modify, distribute, publish, exhibit, digitize, broadcast, display, publicly perform, and prepare derivative works of the User Generated Content, your name, likeness, voice and biographical information, and any material based thereon or derived therefrom, in any form or media now or hereafter known for any and all purposes throughout the World whatsoever, including, without limitation, advertising, marketing or commercial purposes, without any payment to or further authorization by you.
- You waive any right to inspect or approve any material in which Thoughts in Print may eventually use your User-Generated Content and understand that Thoughts in Print may crop, shape, or otherwise adjust any User-Generated Content.
- You represent and warrant that the User-Generated Content will not violate the intellectual property or proprietary rights of any third party and are legally entitled to post the User-Generated Content and to grant all relevant licenses and permissions to use the User-Generated Content as contemplated herein.
- You agree not to take any legal action against, and release and discharge Thoughts in Print and its directors, officers, employees, agents and affiliates, or any other person or entity acting on its behalf, from all claims in connection with the use of the User-Generated Content, your name, likeness, voice or biographical information, as contemplated herein.
- You understand and agree that such User-Generated Content may be accessed and viewed by others, including by the general public, and, whether or not such User Generated Content is published, Thoughts in Print does not guarantee any confidentiality with respect to any User-Generated Content. You are solely responsible for your own User-Generated Content and the consequences of their publication on this Website or elsewhere (assuming we choose to post them once submitted). We reserve the right to determine in our sole discretion whether User Generated Content is appropriate; whether it complies with these Terms and Conditions, our standards, and applicable law; and whether they may be posted or removed.
You may request removal of any of your User-Generated Content on this Website by sending a removal request email to firstname.lastname@example.org from the email address provided when you submitted your User-Generated Content; your email must include a link to the URL of the page on which your User-Generated Content is posted or a description of the page on which it is posted.
Prohibited Uses of Website
You shall not post, transmit, redistribute, upload, or promote any communications, User Generated Content or materials that contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another's device; are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; contain chain letters or pyramid schemes; contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; impersonate any person, business or entity, including us (our brands, lines of business, subsidiaries, and affiliated companies) and our employees and agents; encourage conduct that would constitute a criminal offense; give rise to civil liability; violate any law; or exhibit any conduct that, in our judgment, restricts, impairs, interferes or inhibits any other user from using or enjoying the Website and/or our related services and products.
Notice of Copyright Infringement Under the Digital Millennium Act (DMCA)
We do not permit copyright infringing activities on this Website. We may remove any User-Generated Content of any kind if properly informed that the User-Generated Content infringes another's copyright rights. We may terminate the ability to submit User Generated Content if, under appropriate circumstances, a person submitting User Generated Content to this Website is determined to be a repeat infringer. If you are a copyright owner or an agent for such owner and believe that any User Generated Content or other material on this Website by third parties infringes upon your copyrights, you may notify us by providing the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
- Identification of the location where the original or an authorized copy of the copyrighted work exists;
- Identification of the User-Generated Content or material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit Thoughts in Print to locate the same;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
- A statement that you have a good faith belief that use of the User-Generated Content or material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.
Our agent for notice of claims of copyright infringement can be reached as follows:
Thoughts in Print
P.O. Box 340533
Sacramento, CA. 95834
By email: email@example.com
If you fail to comply with all of the requirements above, your notice may not be valid.
Links may be established from this Website/App to one or more external websites or resources operated by third parties (the "Third Party Sites"). In addition, certain Third Party Sites also may provide links to the Website/App. None of such links should be deemed to imply that Thoughts in Print endorses the Third Party Sites or any content therein. Thoughts in Print does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Sites is at your own risk and Thoughts in Print will have no liability arising out of or related to such websites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.
This Website/App and all Content of the Website/App are provided to our customers and prospective customers "as is" and "as available" and without warranties of any kind, whether express or implied, including but not limited to, those of merchantability, fitness for a particular purpose, title or non-infringement.
You acknowledge, by your use of the Website/App, that your use is at your sole risk. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you.
You understand and acknowledge that, pursuant to Section 230 of the Federal Communications Decency Act, providers of interactive computer services shall not be treated as the publisher or speaker of any information provided by another information content provider.