TERMS AND CONDITIONS

TERMS & CONDITIONS

OTB Terms & Conditions


Garment Size Selection

  • You are responsible for choosing a size run based on the garment specifications. You must determine what sizes should be ordered and what will fit your specific needs. If the size run on your quote is incorrect, it is your responsibility to notify Out of the Blue of any discrepancies. Once the order has been approved and/or received sizes cannot be swapped. OTB is not liable for garments that do not fit. Items that do not fit cannot be replaced. A new order must be placed. Repeat set-up and shipping charges will apply.
  • We recommend ordering extras to compensate for any items that may not fit as expected.


Artwork

  • You are responsible for proofing the artwork/mock-up(s) and dimensions on your quote and notifying Out of the Blue of any misspellings or other errors (even if Out of the Blue creates/supplies the artwork). Out of the Blue is not liable for misspellings or other errors once the artwork has been approved.
  • If edits are required after Artwork approval, other charges may be incurred as production may already be in process. Edits or changes to an order after approval will reset the order turn time.
  • We offer one (1) round of complimentary revisions to artwork and/or mock-ups. Additional revisions will incur a fee of $35 per round.


Payment

  • Out of The Blue requires payment in full upfront before garments are ordered from the wholesaler. This does not apply to Net Term clients. If Net Terms are requested, you must go through an application process.
  • All pricing is based off one production run. If orders are to be split on different timelines, they will be treated and priced as separate orders. 
  • OTB is not responsible for tracking a payment back to a specific credit card once it has been submitted. If you need your payment canceled and switched to another credit card, OTB will charge a 5% processing fee on the new transaction. This will be added to the original Invoice and a new payment request will be sent out.
  • If you need to cancel your credit card payment for any other reason, OTB will charge a 5% processing fee and remit the difference to the credit card used to make the payment.


Sales Tax

  • All orders will be charged sales tax unless you have a sales tax exemption.
  • If you are claiming exemption from Sales Tax, OTB requires a copy of the exemption license(s) to remove sales tax from the invoice.


Order Turnaround Time

  • Out of The Blue standard turn time is 15 business days for screen printing and embroidery.
  • Order turnaround time will not begin until the first business day following receipt of all approvals and payment if you are not on Net Payment Terms.


Order Changes/Cancellations

  • Order quantities cannot be reduced once the final quote has been approved.
  • Order additions cannot be added within ten business days before an order is due as we must allow time for ordering and shipping the additional pieces. A new order needs to be placed and repeat set-up and shipping charges may apply.
  • If an order is approved but then canceled, Out of The Blue will require a 30% restocking/cancellation fee.


Production Samples

  • Out of The Blue does not offer one-off production samples. Digital mock-ups are used for our visual approval process.


On-site press proofs and approvals

  • We do not offer on-site press checks or approvals.
  • To ensure that our work meets your specifications, please review your Quote and Art Approvals carefully.


Re-Orders

  • We recommend ordering extras on your original order to compensate for any manufacturing defects and/or items that may not fit as expected. If you need additional items after the first run, we require a 24-piece minimum. This minimum re-order requirement applies to each individual colorway or invoice line item. We will not process re-orders for less than 24 pieces. Pricing on reorders is subject to change depending upon volume.


Spoilage and Misprints

  • Out of The Blue has an allowable defect tolerance of 3%. Any misprints or garment defects within the 3% allowable defect tolerance will be credited back to your account. Any misprints or defective garments outside of the 3% allowable defect rate will be re-produced or credited to your account at our discretion.
  • Out of The Blue works with a standard print deviation up to .5 inches in any direction.


OTB Account Credit

  • Order discrepancies must be presented to Out of the Blue within 5 business days from date of delivery for a resolution.
  • Credits to your account must be redeemed within 365 days from the issue date.


Refunds/Exchanges

  • Out of The Blue does not offer refunds or exchanges on any order. No returns are accepted as each item is personally customized.


Client Supplied Garments

  • Out of The Blue will decorate on Client Supplied Garments if the project meets a minimum of 288 pieces. All 288 pieces must be the same garment style. An in-person inspection of the garments may be requested by Out of the Blue. All client supplied garments must be new apparel and drop-shipped directly from the manufacturer/wholesaler. Client supplied orders that require additional handling by Out of the Blue such as unbagging, removing tags/stickers, unpackaging/moving/storing large boxes will incur an upcharge on the standard decoration cost ranging anywhere from 10% to 30% depending upon the extent of the handling Out of the Blue must take on for the order. Out of the Blue is not responsible for replacing or refunding client supplied garments that are damaged or destroyed during the production run that are within the 3% allowable defect tolerance. 


Shipping/Delivery

  • Out of the Blue does not offer an option to pick up your order.
  • All orders will be delivered VIA Local Courier or shipped VIA UPS Ground Shipping.
  • We can bill your shipping provider account if applicable.


Acceptance Clause

  • Use of our services constitutes acceptance of the Terms and Conditions.


Privacy Policy

  • Out of the Blue will maintain reasonable procedures for protecting personal information in accordance with local law.


Limitation of Liability

  • We may not be held liable for misuse or harm arising from the use of our products or services including:
  • Copyrighted material
  • We will not knowingly reproduce copyrighted material. We are not liable for any copyright claims, lawsuits, or issues arising from the illegal use of copyrighted material.
  • Missed deadlines for events
  • Shipping errors
  • Misprints
  • Spoilage/garment defects
  • Breach of contract
  • Late orders


Property Rights

  • Unless otherwise noted, we claim ownership for all artwork created for any project. Artwork may be released upon request once the project order has been placed and payment terms have been set.
  • Exception: we waive the right to customer-supplied artwork that we do not make any changes to.


Payment Terms

  • Payment is due IN FULL on the Payment Due Date. Payment terms are noted at the top righthand side of your invoice. Out of the Blue reserves the right to charge the client credit card on file for the Amount Outstanding on your invoice if it should become past due. An interest charge of 5% will be applied to any overdue balance and re-invoiced weekly. Should Out of the Blue be required to contract legal or other collection related services to collect payment on your invoice, you are responsible for payment of all fees billed to Out of the Blue for said services. 


Termination Clause

  • We may terminate service, if you violate our terms, abuse our services, cause us legal liability, or otherwise harm or hamper our continued operations.


Revisions and Changes

  • We may revise our Terms and conditions from time to time to better meet legal requirements or address changes in our services. You can review our current terms & conditions at any time by visiting this page.


Simplified Terms

This is a simplified version of our terms. It does not supersede the actual Terms and Conditions.


We’ll help you pick the garments and the decoration style. You’ll tell us how many you need. We can make your art for $40 an hour. You can provide us art, but it must be print-ready.


Then, we’ll send you items to review and approve: 

  • Initial Quote
  • Final Quote
  • Artwork/Mock-Ups


Look at your approvals carefully. They will have everything you’ll need to know – we’re pros. You get one artwork/mock-up change for free! 


Once your art is approved, you’ll pay us – then we’ll get rolling. We don’t offer on-site proofing.


Your order will be delivered in two – three weeks. You cannot pick it up from us.


The legal jargon says:

Using our services means you agree to these terms. We’ll protect your info. We’re not liable for mistakes you made, copyright claims, shipping problems, and some other uncommon issues.


We own the art we create for you but let us know if you need it.


Payment is due at time of service. No refunds or exchanges, but still contact us if something is wrong.


You can break up with us and we can break up with you, no strings.


We might update these terms from time-to-time, so be sure to check back in!


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