Terms & Conditions
At Fox Valley Team Sports ("FVTS"), we work to be your team's winning edge. We make every effort to accurately represent the products we sell so that you are delighted when you receive them. There are, however, things beyond our control that are nonetheless standard in the apparel and promotional products industries. These things include, but are not limited to, size differences, color variances, and print limitations. We do our best to inform you of these instances when they apply, but in case we miss something, please review these terms and conditions for additional information including the governing law of all sales from FVTS and our subsidiaries. Should you have questions on anything, do not hesitate to give us a call.
General Terms
The terms and conditions stated herein shall govern all sales of products by FVTS, regardless of the terms and conditions stated in any purchasing order or document, including email, submitted by the buyer ("Buyer"). FVTS hereby disclaims and rejects any terms and conditions appearing in a purchase order or document from Buyer that are in addition to, or inconsistent with, the terms and conditions stated herein. Any such additional or inconsistent terms and conditions shall not be a part of the order agreement ("Agreement") and shall not be binding to FVTS. In proceeding with the Agreement to purchase goods from FVTS, Buyer implicitly accepts these terms.
Product Availability
A product being shown on our website, in our catalog, or in any of our marketing materials, does not guarantee availability at the time of an order. Every order FVTS produces or sells is custom. As such, FVTS orders product and materials "on demand" and stock levels continuously vary at our suppliers. If a product Buyer has ordered becomes unavailable at the time of order, FVTS will notify Buyer immediately so that Buyer can select another product, another option, or cancel the order. If FVTS cannot reach Buyer immediately, the order will be placed on hold until such time as Buyer can be reached. FVTS cannot guarantee any pre-communicated order ship dates if a product is, or becomes, unavailable after Buyer places the order.
Production Lead Time
Standard production lead times vary based on product and decoration method. Production lead time starts after all order information, including pricing approval and artwork approval, is received and accepted by FVTS as indicated by an Order Confirmation emailed to Buyer by FVTS. Production lead time is the amount of time it takes to produce and ship an order and is not to be construed as a delivery "in-hands" date. Delivery date after shipment depends on shipping method chosen and carrier selected. FVTS is not liable for late shipments due to freight carrier errors, weather delays, labor strikes, or other conditions out of our control.
Artwork
FVTS offers free artwork services included with every order as outlined in our Artwork Guidelines. Due to the free nature of the service, any original print-ready artwork that is created by FVTS remains the property of FVTS until such time as Buyer pays the optional service fee as determined by FVTS. Original artwork submitted by Buyer remains the property of Buyer and FVTS will send back to Buyer at no charge upon request.
Product and Garment Sizes
Every effort is made to accurately represent the size of every product FVTS sells. Where applicable, sizes are stated for the product, and specification sheets may be available and provided upon request. Sizes, especially garment sizes, vary from brand to brand and style to style. As such FVTS can not, and does not, guarantee that the actual size will exactly match any stated sizes in our marketing materials or on the manufacturer provided specification sheets. FVTS does provide samples upon request (charges may apply). In addition, FVTS is not liable for shrinkage or distortion to garments after shipment caused by washing, drying, or other factors out of our control.
Product and Ink Colors
FVTS makes every effort to accurately reflect product and ink colors in all our marketing materials. FVTS will also try to match PMS print numbers if one is provided at the time of order (additional charges may apply). Color charts for most of the products FVTS sells are available on our website or can be sent to Buyer upon request. However, due to varying computer monitor resolutions, different paper stocks, printing processes, and other factors beyond our control, FVTS can not, and does not, guarantee that any color shown in our, or our suppliers', marketing materials, including artwork proofs sent for approval, will be an exact match for any stated or implied PMS color. IN ADDITION, due to the fact that the products and inks FVTS uses vary in color from manufacturer to manufacturer, brand to brand, and even from lot to lot, FVTS can not, and does not, guarantee any exact color matches, even on reorders of the same item. Furthermore, FVTS is not liable for fading or discoloration after shipment caused by washing, drying, bleach or other chemicals, or other factors out of our control.
Product Care
Due to the inherent nature of most custom printed products, care must be taken when handling and washing the items to ensure long-lasting life of the printed/decorated image. Care instructions are available for most items and are available upon request. FVTS is not liable for damage to custom printed products caused by the Buyer due to normal wear and tear, improper care, or other factors out of our control.
Shipping
Shipping charges are not included in our published pricing. Shipping charges are calculated based on the actual weight, distance traveled, declared value and type of shipping service Buyer specifies. Shipping charges for web orders are calculated and paid by Buyer at time of order. Offline orders are prepaid and added to the invoice or charged to the provided credit card. Complete packing and shipping instructions must be finalized at least 48 hours in advance of the scheduled ship date to ensure prompt delivery of the order. FVTS is not liable for any damages to products during shipping. All damage claims should be filed with the respective freight carrier.
Abandoned Orders
Orders that have “Pick-up” selected as the delivery method should be picked up at the FVTS store location at 542 W 9th Ave, Oshkosh WI 54902. Orders need to be picked up within 30 days of the order completion date. Orders not picked up within the 30 day period will be considered abandoned and will be donated or disposed of at the discretion of FVTS. Any unpaid balances will remain due and payable and will be sent to collections.
Taxes
Any applicable taxes are not included in any published pricing, but will be charged at the time of order according to current tax laws and rates where applicable.
Intended Use
FVTS is not liable for injury or damage sustained or caused by Buyer due to use inconsistent with the intended use of the products.
Errors or Omissions
Errors or omissions on any FVTS marketing materials, quotations, artwork approvals, order confirmations or any other document shall be subject to correction at the discretion of FVTS.
Cancellations
Orders canceled prior to the order being placed into production (prior to final art approval) will not incur cancellation charges. Cancellations of orders in production (after final art approval) are not accepted unless approved by FVTS due to extenuating circumstances and on terms which indemnify FVTS against loss. Buyer agrees that by canceling the order that Buyer is subject to cancellation charges based on any work already completed on the order, up to or equal to the entire cost of the order.
Payment Terms
Payment for orders is due at time of order unless Net 30 terms or other payment arrangements have been approved in writing by FVTS. All credit orders are subject to acceptance by FVTS' credit department, which reserves the right to change or withdraw credit terms without notice. All payments shall be made in US Dollars and payable to FVTS.
Governing Law
Wisconsin law, excluding its choice of law rules, shall be controlling for all purposes regarding any claim or dispute between Buyer and FVTS. The sole and exclusive forum for any action commenced by Buyer shall be in a state or federal court in Wisconsin.
Attorney's Fees
If FVTS is the prevailing party in any suit or other legal proceeding between Buyer and FVTS, FVTS shall be entitled to its reasonable attorney's fees and costs incurred therein.