Terms of Service - Charm Custom Designs

Last Updated: Aug 2025

Effective Date: Aug 2025

Acceptance of Terms

By accessing our website, placing an order, or using any services provided by Charm Custom Designs ("we," "us," "our"), you ("customer," "you," "your") agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services.

These terms constitute a legally binding agreement between you and Charm Custom Designs. We reserve the right to modify these terms at any time, and such modifications will be effective immediately upon posting on our website.

Services Overview

Charm Custom Designs provides custom printing and design services, including but not limited to:

• Custom apparel and clothing printing
• Promotional products and corporate gifts
• Custom drinkware design and printing
• Digital printing and signage
• Design services and artwork creation

All services are subject to availability, technical feasibility, and these Terms of Service.

Ordering Process and Acceptance

Quote and Order Process

1. Quote Request: You submit project details through our website, phone, or email
2. Quote Provision: We provide a detailed quote with pricing, timeline, and specifications
3. Order Acceptance: Your order is confirmed when you approve the quote and provide payment
4. Production: We begin work only after receiving full payment or approved deposit
5. Completion: Products are delivered according to agreed timeline

Order Confirmation

Orders are not confirmed until we have received:

• Written approval of the final design and specifications
• Full payment or approved payment arrangement
• All necessary artwork and materials in appropriate formats

We reserve the right to refuse any order at our sole discretion.

Payment Terms

Pricing and Payment

• All prices are in US dollars and subject to applicable taxes
• Custom quotes are valid for 30 days from issue date
• Full payment is required before production begins, except for established commercial accounts
• For orders over $1,000, we may require a 50% deposit with balance due before delivery
• Accepted payment methods include cash, check, credit/debit cards, and approved financing

Late Payments

Late payments on commercial accounts may result in:

• Suspension of work on current orders
• Late fees of 1.5% per month on outstanding balances
• Collection efforts and associated costs charged to customer
• Termination of credit privileges

Custom Design and Artwork

Design Services

• Design revisions are included up to 3 rounds per project
• Additional revisions beyond 3 rounds may incur additional charges
• Final approval of all designs is required before production begins
• Design files remain property of customer upon full payment

Customer-Provided Artwork

• You are responsible for ensuring you have rights to use all provided artwork, logos, and designs
• Files must be provided in appropriate formats and resolution for printing
• We are not responsible for quality issues resulting from low-resolution or inappropriate file formats
• You warrant that all provided materials do not infringe on copyrights, trademarks, or other intellectual property rights

Copyright and Trademark Compliance

• We reserve the right to refuse projects that may infringe on copyrights or trademarks
• You agree to indemnify us against any claims of intellectual property infringement
• We do not reproduce copyrighted materials without proper authorization
• Logo recreation services are provided for legitimate business use only

Production and Delivery

Timeline and Delivery

• Production timelines begin after final approval and payment receipt
• Delivery estimates are approximate and not guaranteed
• Rush orders may be available for additional fees
• Shipping costs are additional unless otherwise specified in quote
• Risk of loss transfers to customer upon delivery or pickup

Quality Standards

• We guarantee workmanship and use of quality materials
• Minor variations in color due to printing processes are normal and acceptable
• Products are inspected for quality before delivery
• Significant quality issues will be corrected at no additional charge

Delivery and Pickup

• Local delivery may be available for additional fee
• Customer is responsible for pickup arrangements if local delivery is not selected
• Unclaimed orders held for more than 30 days may incur storage fees
• Orders not claimed within 90 days may be disposed of without refund

Refunds and Returns

Important Notice: Custom Nature of Products

Due to the custom and personalized nature of our products, refunds are generally not available once production has begun. All sales are considered final once the customer has approved the final design and production has commenced.

No Refund Situations

Refunds will NOT be provided for:

• Changes of mind after production has begun
• Minor color variations inherent in printing processes
• Customer approval errors (wrong spelling, incorrect information, design mistakes approved by customer)
• Delivery delays due to customer unavailability
• Products that match approved specifications and proofs

Partial Refund Situations

Partial refunds may be considered in the following circumstances:

Production Errors:

• Significant errors in production that do not match approved specifications
• Damage occurring during our production process
• Wrong quantities or products produced due to our error
• Quality defects that substantially affect product usability

Our Design Errors:

• Errors in artwork created by our design team that were not caught during approval process
• Technical errors in file preparation that affect final product quality

Refund Process

1. Quality issues must be reported within 7 days of delivery
2. Photos or samples of defective products must be provided
3. Original products must be returned for inspection (shipping at our expense for valid claims)
4. Partial refunds will be calculated based on the portion of order affected by the issue
5. Refunds will be processed within 14 business days of approval

Replacement vs. Refund

When possible, we prefer to correct issues by:

• Reproducing affected items at no charge
• Providing credit toward future orders
• Offering alternative solutions that meet your needs

Cancellations

Before Production Begins

• Orders may be cancelled before design approval and production start
• Cancellation fees may apply for design work already completed
• Refunds will be provided minus any applicable cancellation fees

After Production Begins

• Orders cannot be cancelled once production has commenced
• Special circumstances may be considered on a case-by-case basis
• Any cancellation after production begins will result in charges for work completed

Intellectual Property

Ownership of Designs

• Custom designs created by us become your property upon full payment
• We retain the right to display completed work in our portfolio unless otherwise agreed
• You grant us permission to photograph completed products for marketing purposes

Use of Customer Designs

• We will not reproduce your custom designs for other customers without permission
• Designs remain confidential and are not shared with unauthorized parties
• Customer logos and proprietary designs are treated as confidential information

Limitation of Liability

Liability Limits

To the maximum extent permitted by law, Charm Custom Designs' total liability for any claims related to our services shall not exceed the amount paid for the specific order in question.

Excluded Damages

We are not liable for:

• Indirect, incidental, or consequential damages
• Loss of profits, revenue, or business opportunities
• Damages resulting from delayed delivery beyond our control
• Issues arising from customer-provided materials or specifications

Force Majeure

We are not responsible for delays or failures due to circumstances beyond our reasonable control, including but not limited to natural disasters, government actions, supplier issues, or other unforeseeable events.

Customer Responsibilities

Accurate Information

• Provide accurate contact and project information
• Ensure spelling, grammar, and content accuracy in provided materials
• Respond promptly to requests for clarification or approval
• Notify us immediately of any changes to contact information

Artwork and Content

• Ensure you have rights to use all provided designs, logos, and content
• Provide artwork in appropriate formats and resolution
• Review and approve all proofs carefully before production
• Take responsibility for content accuracy and appropriateness

Payment Obligations

• Make payments according to agreed terms
• Notify us of any billing disputes within 30 days
• Provide accurate payment information
• Pay any additional fees for changes or rush orders

Prohibited Uses

You agree not to use our services for:

• Illegal activities or purposes
• Creating materials that violate intellectual property rights
• Producing content that is defamatory, obscene, or harmful
• Materials promoting hatred, violence, or discrimination
• Fraudulent or misleading advertising
• Any purpose that violates applicable laws or regulations

We reserve the right to refuse service for any project that violates these restrictions.

Website Use

Acceptable Use

• Use our website for legitimate business purposes only
• Do not attempt to gain unauthorized access to our systems
• Do not interfere with website operation or security
• Respect intellectual property displayed on our website

Content Accuracy

• Website information is provided for general informational purposes
• Product images and descriptions are representative but may vary
• Pricing and availability are subject to change without notice
• We strive for accuracy but do not warrant that all information is complete or current

Dispute Resolution

Governing Law

These Terms of Service are governed by the laws of Connecticut, without regard to conflict of law principles.

Dispute Process

1. Direct Resolution: Contact us directly to resolve any issues
2. Mediation: If direct resolution fails, disputes may be submitted to mediation
3. Local Jurisdiction: Any legal proceedings will be conducted in Hartford County, Connecticut

Informal Resolution

We encourage customers to contact us directly about any concerns. Most issues can be resolved through open communication and good faith efforts.

General Provisions

Entire Agreement

These Terms of Service, together with our Privacy Policy and any written quotes or contracts, constitute the entire agreement between you and Charm Custom Designs.

Severability

If any provision of these terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Assignment

You may not transfer your rights or obligations under these terms without our written consent. We may assign our rights and obligations without restriction.

Waiver

Our failure to enforce any provision of these terms does not constitute a waiver of that provision or any other provision.

Contact Information

For questions about these Terms of Service, please contact us:

Charm Custom Designs

Email: info@charmcustomdesigns.com

Phone: (860) 402-4307

Business Hours:

Monday - Friday: 9:00 AM - 6:00 PM

Saturday: 9:00 AM - 2:00 PM

Sunday: Closed

Acknowledgment

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. You also acknowledge that you have read our Privacy Policy and understand how we collect, use, and protect your information.

Thank you for choosing Charm Custom Designs. We look forward to bringing your vision to life!

These Terms of Service are effective as of Aug 2025 and supersede all previous versions.