Last Updated: 12/08/2025
1. Scope and Acceptance
These Terms and Conditions (the “Terms”) govern all purchases of branded merchandise, apparel, promotional products, and related services (collectively, the “Products”) from S.MICHAEL Creative Branding (“SMCB”). By submitting payment and written approval of an order, you (the “Client”) acknowledge and agree to be legally bound by these Terms.
SMCB operates as a broker/distributor. The Client understands and agrees that Products are custom-made, sourced from third-party suppliers, and subject to industry standards as set forth herein.
2. Prepayment Requirement
2.1 Prepayment Required. All orders require full prepayment prior to processing or production. Prepayment may be made via credit card, wire transfer, or ACH through SMCB’s billing system. For larger orders, SMCB reserves the right to determine the required payment method.
2.2 Authorization of Payment Method. If the Client maintains a payment method on file, the Client authorizes SMCB to charge such method immediately upon order approval. The Client further authorizes SMCB to charge the payment method on file for any costs, taxes, or fees incurred under the SMCB Print Fee Schedule including fees that apply prior to, independent of, or without an approved order.
2.3 Lead Time Dependency. Production and lead times will not begin until prepayment is received. The Client bears all responsibility for planning timelines and meeting required deadlines.
3. Written Order Approval
3.1 Mandatory Written Approval. Each order requires written approval of both the invoice and art proof/mockup. Approval constitutes the Client’s confirmation that all order details are accurate.
3.2 Client Responsibility. Client is solely responsible for reviewing and verifying: quantities, item types, colors, sizes, variations, shipping addresses, prices, artwork placement, artwork sizing, and all other specifications.
3.3 Binding Nature. All sales become final upon written approval. No changes will be accepted thereafter except at SMCB’s sole discretion.
3.4 Variances. Client acknowledges that color, size, and placement of decoration may vary within reasonable industry tolerances due to production processes, monitor color differences, and manual elements of decoration.
4. Artwork Requirements
4.1 Vector Files Required. The Client must provide print-ready vector artwork (*.eps, *.ai, or vectorized *.pdf) with all fonts outlined or embedded.
4.2 Design Assistance. Graphic design or file formatting services may be provided subject to availability and billed at SMCB’s hourly design rate.
4.3 Time Impact. Any requested design assistance will extend timelines. SMCB is not responsible for delays caused by inadequate or non-print-ready artwork.
5. Product Quality and Industry Standards
5.1 Tolerances. All orders are subject to a standard +/- 2% variance in quantity and defective units.
5.2 Acceptable Variations. Minor imperfections, including but not limited to slight inconsistencies in color, size, placement, registration, or artwork appearance are considered normal and acceptable.
5.3 Significant Defects. Significant, verifiable defects falling outside the 2% tolerance include: incorrect item, incorrect item color/variation, missing quantities beyond tolerance, incorrect logo, or incorrect artwork color.
5.4 Embroidery Variances. Client acknowledges embroidery inherently produces more noticeable inconsistencies due to material behavior and manual processes. These are considered acceptable unless materially defective beyond industry norms, which shall be determined at SMCB’s sole discretion.
5.5 Quality Expectations. Product quality correlates with item type and price point. Lower-cost items may reflect lower durability or finish. Client agrees to align expectations accordingly.
6. Post-Delivery Inspection and Claims
6.1 Inspection Requirement. Client must inspect all deliveries (including counting quantities and reviewing for defects) immediately upon receipt.
6.2 Claim Deadline. Any claims for significant, verifiable defects must be submitted in writing within 1 week of delivery. Claims made after this period may be rejected.
6.3 Documentation Required. Client must provide item counts, photographs, and a written description of all issues.
6.4 Return Requirement. SMCB and/or suppliers may require return of defective items before issuing replacements, credits, or refunds.
6.5 Remedies. Remedies for significant, verified defective units that exceed the +/- 2% tolerance are limited to either replacement of the defective units or a pro-rata credit. SMCB retains sole discretion to determine whether a unit is defective and whether to provide replacement units or issue a pro-rata credit.
7. Deadlines and Time-Sensitive Orders
7.1 No Guaranteed Delivery Dates. While SMCB will make reasonable efforts to meet deadlines, delivery dates are not guaranteed due to factors outside SMCB’s control (supplier delays, freight issues, weather, etc.).
7.2 Lead Time. Typical production time is 1–3 weeks after approval and payment, but timelines can vary significantly by product, supplier, decoration method, quantity, shipping distance, and/or current production schedules.
7.3 Advance Planning. Client bears full responsibility for planning ahead and understanding applicable production and shipping timelines.
8. Print Fee Schedule
8.1 Applicable Fee Schedule. All orders and related work are subject to SMCB’s Print Fee Schedule, available at:
https://smichael.com/resources/print/fee-schedule/
Whether or not the Client maintains a payment method on file, the Client agrees to pay all applicable costs, fees, and/or taxes incurred pursuant to this fee schedule as they become due in the course of doing business with SMCB.
8.2 Invoice Components. Invoices for items ordered may include unit costs, setup fees, decoration charges, shipping, tax, and/or any applicable fees listed in the Print Fee Schedule.
10. Returns and Final Sale Policy
10.1 All Sales Final. Due to the customized nature of decorated merchandise, no returns are accepted for any reason except significant defects verified by SMCB.
10.2 Blank Items. Returns of blank merchandise are also not accepted.
11. Shipping, Delivery, and Risk of Loss
11.1 Carrier Responsibility. SMCB is not liable for carrier delays, damages, misdeliveries, or lost shipments.
11.3 Deliverability. The Client is responsible for ensuring the shipping address (as listed on their invoice for any given order) is valid, accessible, and monitored. SMCB is not responsible for shipments that fail due to incorrect, inaccessible, or unmonitored delivery addresses. Client represents and warrants that:
- The provided delivery address is valid and accessible.
- An authorized person will be available during carrier delivery windows.
- Client will monitor tracking information and manage delivery logistics.
11.4 Post-Shipment Changes. Changes after shipment (reroutes, holds, rescheduling, changes to shipping method) may not be possible and may incur additional fees. These are the Client’s responsibility.
11.5 Client Liability. If delivery fails due to an inaccurate address or unavailability, the Client remains responsible for the order; SMCB is not obligated to replace or refund undelivered items.
12. Warranties and Limitations of Liability
12.1 No Warranty. Unless expressly stated in writing, no warranty is provided by SMCB, its suppliers, or manufacturers regarding durability, performance, or longevity of Products.
12.2 Limitation of Liability. SMCB’s liability is strictly limited to the remedies described in Section 6 and shall not exceed the total amount paid for the defective portion of an order.
12.3 Exclusion of Damages. SMCB shall not be liable for:
- Consequential, incidental, or indirect damages;
- Lost profits or economic loss;
- Delays or losses caused by third-party suppliers, carriers, or force majeure events.
12. Client Responsibilities and Representations
Client agrees to:
- Provide accurate and complete order information;
- Ensure all stakeholders have approved order details prior to submitting approval to SMCB;
- Review, inspect, and report issues within required timelines;
- Communicate any special delivery requirements prior to approval;
- Understand and accept all industry-standard tolerances.
13. Governing Law
These Terms are governed by the laws of the State of North Carolina. Any disputes shall be resolved exclusively in the state or federal courts located in Wake County, North Carolina.
14. Amendment
SMCB may update these Terms periodically. The version in effect at the time of approval governs each order.
FAQ
Why do I have to prepay?
SMCB often passes costs to suppliers immediately, so prepayment protects both parties.
What is the Print Fee Schedule?
The Print Fee Schedule outlines fees that sometimes apply to order preparation, order changes, rush charges, graphic design work, custom programs, and more. Clients are encouraged to review the Print Fee Schedule prior to placing their first order with SMCB and periodically thereafter.
Why are customized items non-returnable?
Custom-decorated items cannot be “undecorated” or resold to anyone else. Even blank apparel is often non-returnable or subject to a restocking fee.
Why do colors or placements vary?
All decoration methods involve some variation in the printing and/or artwork embellishment process. Furthermore, digital mockups are designed to approximate but not precisely represent the finished product.
Who do I contact with additional questions?
If you have any questions about these Terms & Conditions or branded merchandise and apparel in general, please contact Steven Michael Fies at steve@smichael.com.
