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Terms & Conditions

Terms and Conditions 

In using this website (http://www.omlpatches.com) you are deemed to have read and agreed to the following terms and conditions: 

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Digitizing

The digitizing fee is a one time free of $75.00 to create your patch.  We will provide you with a digital draft of your patch design within 48 hours (business days, not including weekends or holidays) of your paid order.  We will email you the digital draft of your patch design, and we require your approval of the digital draft within 48 hours.  Failure to respond to our emails within 48 hours will result in a delay in your patch order.  Any modifications to the digital draft image design will result in a delay of your order.  It is the customers responsibility to return emails with approval of the patch design so that we can put the patches into production.

Shipping

All items are shipped via USPS First class mail with a tracking number.  

Your order will be completed and shipped from our premises within 7-10 business days of receipt of your order.   Although actual shipping times may vary, all items will be shipped via USPS first class Mail with a tracking number.  According to USPS, your items should be delivered in 1-4 days once received in their shipping facilities.

Regular shipping overseas can take 4-6 weeks for your items to arrive via Canada Post.

Shipping to APO’s, shipping to APO boxes is NOT guaranteed in any way.  We cannot guarantee any items that are shipped into a war zone.  We normally suggest sending your patches to your billing address and then have them shipped to you.  There are no tracking numbers available for shipping to APO’s and any war zone and we can't put insurance on any order going to an APO box or to any war zone.   Shipping to an APO can take 4-6 weeks or longer.  We will ship the products via USPS mail to get it to the military mail, but after that the USPS does not track any shipments.  

Returns, Refunds and Exchanges Policy 

How To Return An Item

Your item must be in its original unused condition to be returned. You must return the item within 30 days of your purchase.

1. Please fill out the returns form in "your account"  to request a return authorization.

2. Once authorized, you can return the items to:  152 Baldoon Road, Chatham, Ontario Canada, N7L 1E1.

3. Include in your package a signed letter stating the reason for your return and the original receipt.

Return Exceptions

Items can not be returned if they are custom designed.  Custom patches with a digitizing fee with the order cannot be returned to the Company.  Any custom lettering only patches, patches with added custom lettering, custom fonts or different languages will not be returned or refunded. Patches that have custom lettering, custom colors or custom shapes cannot be returned for a refund, unless there is a spelling error on the patches made by the Company.  The customer is required to email a picture of the defective patches for our records.

Digitizing Fee will not be refunded, because the creation of the patch has already been completed.  If you ordered your custom patches on sale with a minimum order of 10 patches and free digitizing, then we will subtract the digitizing fee of $75.00 from your total order - we have spent hours and hours creating your custom digitized patches and all patch designs require approval before we produce the patches.  You will have approved the patch stitch design, and therefore approved the patch design.

All products that require digitizing or the creation of the patch design in stitches is non-refundable including but not limited to all of the Sample Patch products in different sizes - the feel of $50.00, $55.00 and $60.00 is non refundable - we will provide you a digital copy of your design for approval, and any delays in the customer's approval will result in a delay with your order.  It is the customer's responsibility to provide approval for the design, as we will not be stitching out any custom order without approval.  Once we have begun working on your design, there is no refund for digitizing fees, and the patch that is included in the fee is considered free, therefore there are no refunds or returns on any Sample Patch products. We have worked on the design of the patch, so the standard digitiizing fee of $75.00 will be deducted, therefore leaving no refund.

 Vinyl patches:  each PVC Vinyl patch on the site is created from a design uploaded by the customer.  We do not change or alter your design in any way, the design is your creation, other than to add space for the merrowing of the patch, normally a thin black border.  For that reason, we do not refund any PVC custom patches.  When you are placing your order, you have agreed to the fact that the design you uploaded is the design that we use for the patches.  We do not provide any graphic design services and we do not change your design in any way, and therefore your design will not be refunded.

Merchandise that has been worn, used, or altered in any way will not be accepted for return or exchange.

Restocking Fee

All items are subject to a 10% restocking fee, this will be deducted from your refund. We also do not refund the original shipping and handling that you paid on the order.

Confidentiality

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

Disclaimer

Exclusions and Limitations

The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company:

  • §  excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
  • §  excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Payment

Credit Cards or Paypal are accepted on our website.  Immediate payment in full is required with each order. All goods remain the property of the Company until paid for in full.

Cancellation Policy

Minimum 24 hours notice of cancellation required. Notification for instance, in person, via email, mobile phone ‘text message’ and/or fax, or any other means will be accepted subject to confirmation in writing. We reserve the right to levy a $30 charge to cover any subsequent administrative expenses.  If the digitizing has been completed and emailed, we will not refund or cancel the $75.00 digitizing fee.

Termination of Agreements and Refunds Policy

Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded.  If the Company has provided the customer with a digital image of their patch design via email, the digitizing services will be deemed to be completed and no refund will be issued. 

Log Files
We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Cookies
Like most interactive web sites this Company’s website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright Notice
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.

Communication
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone number.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General

The laws of Canada and the USA and worldwide govern these terms and conditions. By accessing this website and using our services/buying our productsyou consent to these terms and conditions and to the exclusive jurisdiction of the Canadian and USA courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company. 

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis 

These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.   

© OMLembroidery/OMLpatches.com 2015. All Rights Reserved

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