Terms and Conditions
The Site is available to users who are 18 years of age or older and reside in the United States, its territories, or possessions. By using the Site, you represent and warrant that you are of legal age to form a binding contract with Clayton Kendall and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Changes to the Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter.
Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. You should check this page regularly so you are aware of any changes, as they are binding on you.
Web Content Accessibility
We are committed to making the Site accessible to all individuals. We have adopted the Web Content Accessibility Guidelines (WCAG) version 2.0 Level AA as our website accessibility standard and are working to ensure that the Sites substantially conform to that standard to the extent possible. We endeavor to update the Site regularly to make them as accessible as possible. If you experience any difficulty accessing or using the Site(s), please call us at 1-888-799-4757.
Orders may be placed through the Site. All orders are subject to availability. Orders will not be processed without approved credit.
Pricing & Payment
The price of an order includes the cost of the Product(s) and may include additional charges, such as setup charges (for creating a new screen of the imprint area), artwork preparation charges (if you submit artwork to us for use in the order), quantity related charges (for orders below the minimum quantity), shipping charges and taxes.
We strive to maintain the most updated pricing on all our Products. However, from time to time, the price of an item may fluctuate to reflect a change in market conditions. As such, we reserve the right to alter the published price of a Product at any time. If either a quote you have been given or an item you have previously ordered has a price change, the new price will apply. The order will not be processed without your approval of the updated price.
A credit card is required for all purchases. Once you provide your credit card information, the card will be charged automatically for all purchases. You will not have to enter any credit card information on the Site.
We make best efforts to provide color-correct product images on the Site that reflect the actual appearance of the Products. Website images, however, are limited in their ability to communicate color, scale, and detail consistently on a variety of computer monitors and settings. If you are uncertain about the actual appearance of a specific product or color, please request a sample before placing an order.
While we have high standards for the suppliers and manufacturers we use, manufacturing variations are unavoidable. By choosing to place an order with Clayton Kendall, you are agreeing to accept merchandise with reasonable manufacturing variances in product material, color, printing and packaging. A typical example of this is variation in apparel dye-lots.
Cancellations & Order Modifications
For Personalized and Custom items, once the order has been placed into production, the order cannot be modified or canceled.
For Inventory and On-Demand items that have already shipped, please refer to the Return and Exchange Policy below.
Once an Order Acknowledgment is approved, we cannot guarantee that we will be able to modify or cancel an order.
Delivery dates are estimates only and are not guaranteed. We are not responsible for shipping delays due to weather, logistical, and other instances beyond our control. Orders with missed delivery dates due to unforeseen transit delays by the carrier will not be refunded. In the event of a shipping delay, we will make every effort to acquire a reimbursement of the shipping cost from the carrier for you. If your shipment is marked as “delivered” or “signed for” by the carrier, the order is considered fulfilled. "Missing" packages will not be reimbursed. You are responsible for the delivery, insurance and negotiating with carriers for reimbursements on lost/damaged goods. If a ship date is missed from an error on our side, we will upgrade the shipping method to get the items to you on time. If this is not possible, we will credit the full order upon return of all items or will work with you to determine a discount.
International Shipping Policy
Duties and Taxes: For orders shipping outside the U.S. and Canada, duties and taxes are not calculated during checkout and are not collected by Clayton Kendall. Please consult your local customs office to determine the charges due at time of delivery. Due to import/export restrictions, Clayton Kendall is unable to ship packages to the following countries: Afghanistan, Cuba, Iraq, Iran, Kiribati, Libya, North Korea, and Somalia.
Return & Exchange Policy
We guarantee the quality and workmanship of our Products for 30 days from the day you receive your order. If you have a quality concern, please contact Customer Service at 1-888-799-4757 or email: firstname.lastname@example.org.
Product(s) that are defective, broken during shipping or different from what was ordered may be returned if notice is provided within 2 weeks from receipt of the Product(s).
Personalized and Custom Products may only be returned if defective.
Stock items may be returned for any reason within 2 weeks from receipt of the item as long as the item has not been used, washed, dry cleaned, worn or damaged.
Pre-order and clearance items are non-refundable, non-exchangeable and non-returnable.
If the return is due to an error on the part of Clayton Kendall, we will issue a call tag to pick up the item(s) and pay the return shipping fees. Otherwise, you will be responsible for making the shipping arrangements and the associated cost. Any refund due will be issued when the item(s) are received.
All content on the Site is the property of Clayton Kendall and is protected by U.S. and international copyright and trademark laws. Use of name, trademarks, designs, logos and slogans on the Site for ordering and fulfilling orders of Product(s) is with permission. The specific organization and arrangement of all content on the Site is the exclusive property of Clayton Kendall and is protected by U.S. and international copyright laws. Any modification, duplication, or distribution of the content of the Site, or use of the names, logos and slogans of the Site is strictly prohibited.
Any artwork you provide when placing an order must belong to you (including copyright and trademark rights), or you have the owner’s express permission to use and reproduce it. By ordering with Clayton Kendall, you warrant that the artwork you submit does not infringe on any rights of any third party, including intellectual property rights. When you submit an order, you give Clayton Kendall permission to use the artwork for your order, and to modify and/or vectorize your design for the purpose of fulfilling your order if necessary. We will keep a copy of your artwork on file, but only to facilitate re-ordering. We will only use your artwork for your orders.
You may use the Site only for lawful purposes and in accordance with these Terms. By agreeing to these Terms, you agree not to:
Use the Site in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site.
Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Site
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Site
Disclaimers, Warranty & Limitation of Liability
CLAYTON KENDALL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE OPERATION OF THE SITE OR PRODUCT INFORMATION. THE SITE, ITS CONTENT, AND ANY PRODUCTS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CLAYTON KENDALL MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, CLAYTON KENDALL MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE, ITS CONTENT, OR ANY PRODUCTS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CLAYTON KENDALL DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, AND CLAYTON KENDALL SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. CLAYTON KENDALL WILL NOT BE LIABLE FOR ANY DAMAGES DUE TO MISUSE OF THE SITE OR PRODUCT(S), INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY. IN NO EVENT SHALL CLAYTON KENDALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOST OPPORTUNITIES, RELATING TO ANY DEFECT IN, OR DELAY OR FAILURE IN DELIVERY OF, ANY PRODUCT(S), REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT. CLAYTON KENDALL’S MAXIMUM LIABILITY IS LIMITED TO THE PRICE OF THE PRODUCT(S) GIVING RISE TO THE CLAIM.
You agree to defend, indemnify, and hold harmless Clayton Kendall, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, any use of the Site's content, and Product(s) other than as expressly authorized in these Terms, or your use of any information obtained from the Site.
The Site, these Terms and related policies, and all Product sales are governed by laws of the Commonwealth of Pennsylvania without reference to principles of conflict of laws. We reserve the right to make changes to the Site, these Terms, disclaimers, and policies at any time. The state and federal courts located in Pittsburgh, Pennsylvania, have exclusive jurisdiction over all disputes.
Waiver and Severability
No waiver by Clayton Kendall of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Clayton Kendall to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.