Terms and Conditions

Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Permission

Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Under Wear Enterprises, LLC d/b/a SNUG Camisoles (hereafter “SELLER”) or purchasing SELLER’s products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with SELLER or to purchase SELLER products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by SELLER. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Warranty Disclaimer

This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, SELLER disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. SELLER does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. SELLER does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

SELLER shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if SELLER has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors

In the event that a SELLER product is mistakenly listed at an incorrect price, SELLER reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. SELLER reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, SELLER shall issue a credit to your credit card account in the amount of the incorrect price.

Indemnification

You agree to indemnify, defend, and hold harmless SELLER, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, SELLER may link to sites operated by third parties. However, even if the third party is affiliated with SELLER, SELLER has no control over these linked sites, all of which have separate privacy and data collection practices, independent of SELLER. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, SELLER seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Payment Terms

Seller accepts cash/certified funds including; a cashier’s check or money order, Electronic Funds Transfer (EFT), Automated Clearing House(ACH) Transactions, Visa, MasterCard or Discover. Net terms will be accepted with pre-approved credit upon credit terms determined by Seller. BUYER will be charged a $50 service charge for any returned check. Custom orders require different payment terms, as specified below. Pre-paid orders will be charged in full upon first shipment, even if multiple shipments may occur. Credit card orders in excess of $2,000 will be charged in full on the day the order is placed, regardless of actual ship date.

Default

BUYER will also be responsible for and shall reimburse Seller for any collection agency fees up to 30% of the balance owed, reasonable attorneys’ fees, and all other reasonable costs and expenses which may be incurred by Seller in the enforcement of these Terms and Conditions of Sale and/or the BUYER Order. BUYER acknowledges that these charges, fees, and expenses are reasonable under the circumstances as an estimate of the damages Seller is likely to suffer if BUYER defaults in its payment obligations.

Resale of Merchandise

BUYER is prohibited from reselling any merchandise purchased from Seller that has not been altered, dyed, printed, embroidered, relabeled or otherwise modified from its original form without the prior written consent of Seller, which may be withheld at Seller’s sole discretion.

Notice of Defects

BUYER is responsible for inspecting the merchandise upon receipt. BUYER shall notify Seller in writing WITHIN 24 HOURS OF BUYER’S RECEIPT OF THE MERCHANDISE of any claims for damages resulting from any defect in the merchandise discovered by BUYER, including, claims related to shortages, quality, or specification. Seller shall not be responsible for shortages when shipments are directed to a third party other than BUYER. UNDER NO CIRCUMSTANCES WILL SELLER ACCEPT CLAIMS OR RETURNS OF MERCHANDISE WHICH HAS BEEN ALTERED OR MODIFIED IN ANY MANNER (DYED, PRINTED, EMBROIDERED, RELABELED, LAUNDERED,TAG REMOVED OR THE LIKE). Seller shall not be responsible for fallout or loss which occurs during the garment dye process.

BUYER’s failure to provide written notice of a claim, as set forth in these Terms and Conditions of Sale, shall constitute a waiver of any claim BUYER may have for damages resulting from such defects.

Prices, Quantities, Styles, Colors

Prices are subject to change without notice. All merchandise will be shipped at the prices in effect at the time of shipping. SELLER reserves the right, at its sole discretion, to change or discontinue styles, colors, sizes or fabrics. All orders are subject to availability.

SELLER CANNOT GUARANTEE VARIANCES IN COLOR, SHADE, SIZE AND CONSTRUCTION OF STOCK MERCHANDISE. SELLER HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED AND EXCLUDED FROM ANY AND ALL TRANSACTIONS BETWEEN BUYER AND SELLER AND SHALL NOT APPLY TO THE MERCHANDISE SOLD BY SELLER. Actual colors may vary depending on settings and equipment used in viewing our website.

LIMITATION ON LIABILITY

BUYER ACKNOWLEDGES THAT SELLER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), OR PERSONAL INJURIES OR DEATH RESULTING FROM USE OR SALE OF THE SELLER’S MERCHANDISE.

No Liability for Outside Vendors

Seller shall not be liable for any work performed by any third party vendor referred by Seller and hereby waives any right to assert any claim against Seller for work performed by any other third party or vendor, including but not limited to claims for negligent referral, agency, or respondent superior.

BUYER’s Credit Worsens

Seller has the right, in addition to other remedies provided by the law, to terminate any delivery or suspend further deliveries of other shipments in the event BUYER fails to pay for any shipment when the same becomes due. Should BUYER’s financial condition become unsatisfactory to Seller, in Seller’s sole discretion, Seller may require cash payments in advance or other security satisfactory to Seller prior to shipment of merchandise.

Special Terms Applicable to Custom Orders

The following terms and conditions shall apply to custom orders. A custom order is any order requiring modification of goods from its original form including but not limited to altered, dyed, printed, embroidered, or relabeled. All custom orders require a 50% deposit prior to commencing production, with the balance to be paid upon terms assigned by Seller. Order will not be placed without signed order confirmation from BUYER. NO MODIFICATIONS OR CANCELLATIONS WILL BE ALLOWED ONCE ORDER CONFIRMATION HAS BEEN SIGNED AND MERCHANDISE HAS ENTERED PRODUCTION. All custom orders have to meet the minimum ordered quantity of 200 units per style per color. All trims such as labels, hang tags and price tickets must be received by the Seller at least three weeks prior to the order confirmation otherwise delivery will be revised. Delays in the approval phase of a custom order may result in delivery delays. Seller will revise ship date as delays occur. All orders ship within +/- 5% of the total quantity ordered. BUYER will be billed for actual quantity ordered. All shipping costs are the responsibility of BUYER, FOB Location specified on order confirmation. All custom order sales are final, based on approval of pre-production sample. No returns of custom merchandise are allowed. BUYER shall assert claims for shortages or defective merchandise in accordance with the Terms and Conditions of Sale within 2 days of receipt of goods by the BUYER. Shipment and receipt dates quoted to BUYER will be approximate and are not guaranteed. Seller will not be liable for delays arising or resulting from customs inspection, clearance, or acts of omission by BUYER. Seller adheres to industry-wide standards for tolerances on each point of measure. Refer to approved spec sheet by style for this information. Seller also adheres to industry-wide standards on piece dye tolerances. All custom dye colors will be within industry-wide standard tolerance of +/- 15% Seller’s shade band standard.

Jurisdiction/Governing Law

Seller is headquartered in the State of Michigan, United States of America. These Terms and Conditions of Sale shall be governed by and interpreted under the laws of the State of Michigan (without regard to its conflicts of laws principles) and the federal laws of the United States of America. If any provision of these Terms and Conditions of Sale is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Use, which shall remain in full force and effect. BUYER expressly agrees that exclusive jurisdiction for any dispute with Seller, or in any way relating to these Terms and Conditions of Sale, resides in the courts of the State of Michigan and you further agree and expressly submit to the personal and exclusive jurisdiction of the courts of the State of Michigan in connection with any such dispute including any claim involving the merchandise or Seller or its affiliates, subsidiaries, employees, contractors, officers, directors.

Force Majeure

Neither BUYER nor SELLER shall be liable to the other for delays in performance of its obligation hereunder caused by acts of God, war (declared or undeclared), government regulation, terrorism, disaster, strikes, civil disorder, curtailment of transportation facilities, or similar occurrence beyond the party’s control, making it impossible, illegal, or commercially impracticable for one or both parties to perform its obligations under these Terms and Conditions of Sale, in whole or in part.

Miscellaneous

These Terms and Conditions of Sale constitute the entire agreement between Seller and BUYER, superseding any prior agreements between BUYER and Seller. The failure of Seller to exercise or enforce any right or provision of these Terms and Conditions of Sale shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms and Conditions of Sale must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms and Conditions of Sale are for convenience only and have no legal or contractual effect.

Questions and Comments

Thank you for reading and agreeing to these Terms and Conditions of Sale. Please direct any questions or comments regarding the Terms and Conditions of Sale by electronic mail to sales@snugapparel.com or call us at 1 (248) 535-6614