Terms and Conditions

These Terms and Conditions explain the rights and responsibilities that apply to quotations, Sales Orders, proofs, production, payment, shipment, claims, and related services. They form part of each accepted order.

Authorization and Indemnification

By placing an order with We’ve Got Swag, the customer (“Customer”) represents and warrants that Customer has all rights, licenses, permissions, and authority necessary for We’ve Got Swag and its suppliers to reproduce, modify, print, embroider, manufacture, and distribute merchandise containing the names, trademarks, service marks, trade dress, logos, copyrights, artwork, photographs, or other materials identified or supplied by Customer in connection with the order.

Customer agrees to defend, indemnify, and hold harmless We’ve Got Swag and its affiliates, employees, representatives, suppliers, and agents from and against third-party claims, liabilities, damages, judgments, losses, and expenses, including reasonable attorneys’ fees, arising from or relating to Customer-provided materials or instructions that allegedly infringe, misappropriate, or otherwise violate another party’s intellectual-property or proprietary rights.

This obligation does not apply to the extent a claim results from an unauthorized modification made solely by We’ve Got Swag or from the gross negligence or willful misconduct of We’ve Got Swag. We’ve Got Swag will provide Customer with reasonable notice of any covered claim and reasonable cooperation in its defense. These obligations survive completion, cancellation, and delivery of the order.

Samples

We are happy to provide registered business customers with complimentary samples having a combined value of up to $20 per sample order. For sample orders valued at more than $20, a valid credit card or other approved payment method is required.

Unless otherwise stated, samples must be returned in their original condition within 30 days after delivery to avoid being charged. Client-branded, custom-decorated, damaged, used, or otherwise nonreturnable samples are excluded from this return policy.

Most sample items are available either blank or with a random logo. When available, we can provide a sample of the item Customer is considering purchasing. Our sample service is intended for customers seriously considering a product or seeking product ideas. We reserve the right to limit or refuse sample requests at our discretion.

Samples generally require 5 to 10 business days or more for delivery. Unless otherwise agreed, We’ve Got Swag will pay standard shipping and handling by FedEx Ground. Customer may provide a valid shipping account number and request expedited service. Expedited delivery is subject to availability and is not guaranteed. Products displayed together online may ship from different locations and arrive separately.

Artwork

We’ve Got Swag has designers who work to ensure that each order is properly prepared for production. If Customer does not have production-ready artwork, Customer may provide a sketch, reference file, or description of the desired design. Our designers may create new artwork or reproduce existing artwork in a production-ready format.

Simple typesetting of Customer’s name and message is provided at no additional charge after approval of a Sales Order. Artwork, design, typesetting, or production-preparation services requested before approval of a Sales Order may be billed at our then-current hourly rate.

Customer retains ownership of all trademarks, logos, artwork, and other materials supplied by Customer. We’ve Got Swag retains ownership of its preexisting materials, templates, production methods, working files, production files, and original artwork created by We’ve Got Swag unless ownership is expressly transferred under a separate written agreement. Any agreed transfer becomes effective only after all applicable charges have been paid in full.

Unless Customer objects in writing before production begins, Customer grants We’ve Got Swag permission to photograph and display completed merchandise solely for portfolio, sample, and promotional purposes. We’ve Got Swag will not knowingly display confidential, embargoed, privacy-sensitive, or restricted merchandise without Customer’s express written consent.

Proofs and Customer Approval

When a proof is provided, Customer is responsible for carefully reviewing and approving all aspects of the proof, including spelling, grammar, names, dates, telephone numbers, website addresses, colors, dimensions, quantities, imprint location, imprint method, product selection, and shipping information.

Production will not begin until We’ve Got Swag has received all required payments, usable artwork, and written or electronic proof approval. Once Customer approves a proof, Customer is responsible for errors or omissions shown on the approved proof.

Digital proofs show approximate placement, scale, and appearance. Electronic and office-printer colors may not precisely match production colors, product materials, thread colors, inks, or final merchandise. Exact color matching is not guaranteed unless expressly stated in the Sales Order. Changes requested after proof approval may result in additional charges and production delays.

Payment

Unless otherwise stated in the Sales Order, a deposit equal to 100% of the estimated order total is due when Customer approves the Sales Order. Production may be delayed until cleared payment is received.

Adjustments resulting from actual freight charges, carrier surcharges, dimensional-weight charges, split shipments, address corrections, overages, shortages, taxes, or other approved order changes will be charged or refunded after the order ships.

If We’ve Got Swag grants Customer written payment terms, all invoices must be paid by the stated due date. Past-due amounts may accrue interest at the lesser of 1% per month or the maximum rate permitted by applicable law. Customer agrees to pay reasonable collection costs, collection-agency fees, court costs, and attorneys’ fees incurred in collecting an undisputed amount that is due and unpaid, to the extent permitted by law. A returned or dishonored payment may be subject to a fee of up to $50 or the maximum amount permitted by applicable law, whichever is less.

Sales and Use Taxes

We’ve Got Swag will collect sales, use, and similar taxes when required by applicable law. Customer is responsible for providing a valid and properly completed resale or exemption certificate before the order is invoiced. Customer remains responsible for any sales, use, excise, or similar tax legally due that We’ve Got Swag is not required to collect.

Shipping Charges

We make reasonable efforts to estimate shipping charges accurately. Estimated charges are not guaranteed unless expressly identified as fixed in the Sales Order. The final charge may be adjusted to reflect actual freight, fuel or carrier surcharges, dimensional weight, residential delivery, liftgate or inside service, split shipments, expedited service, address corrections, storage, duties, or other carrier-imposed costs.

Shipping and Delivery

Production and delivery dates are estimates unless We’ve Got Swag expressly guarantees a specific date in writing. Customer delays in providing payment, artwork, proof approval, shipping information, or other required information may affect production and delivery dates.

Unless otherwise stated in the Sales Order, title to and risk of loss pass to Customer when the merchandise is delivered to the carrier at the shipping point. We’ve Got Swag will reasonably assist Customer with properly documented carrier claims but does not guarantee carrier performance or claim approval. Customer is responsible for charges resulting from incorrect addresses, refused deliveries, unsuccessful delivery attempts, storage, redelivery, or address corrections.

Overages and Shortages

Because of manufacturing and quality-control processes, the exact quantity ordered may not always be produced. Unless otherwise stated in the Sales Order, We’ve Got Swag may ship and bill or credit Customer for quantities up to 10% over or under the quantity ordered. The final invoice will reflect the quantity actually shipped. A disclosed supplier tolerance may apply to a particular product or decoration method.

Custom Merchandise and Refunds

Custom and decorated merchandise is nonreturnable and nonrefundable unless it is materially defective, does not materially conform to the approved proof or Sales Order, or We’ve Got Swag authorizes a return in writing. For an approved claim, We’ve Got Swag may, at its reasonable election, repair or replace the affected merchandise, provide an appropriate account credit, or refund the amount paid for the affected merchandise.

Cancellations and Changes to Existing Orders

Once a Sales Order or proof has been approved, We’ve Got Swag cannot guarantee that the order can be changed or canceled. We will make reasonable efforts to accommodate a written request.

Customer is responsible for all work completed, materials purchased, supplier commitments made, and costs incurred before the request can be implemented. These may include artwork preparation, setup, production, merchandise, shipping, restocking, cancellation, and administrative charges. Any payment exceeding completed work, noncancelable commitments, and incurred costs will be refunded or credited, as appropriate.

Merchandise Consistency

We encourage Customer to review a physical sample before placing a bulk order. Samples are representative but do not guarantee that every production item will be identical. Reasonable variations may occur because of raw materials, manufacturing processes, dye lots, product lots, screens, equipment, production locations, or packaging. By approving an order, Customer accepts customary manufacturing variations that do not materially affect the product’s intended use.

Warranties

We’ve Got Swag warrants that it will transfer good title to merchandise sold to Customer, free of any security interest created by We’ve Got Swag, and will make available any transferable manufacturer warranty.

EXCEPT FOR TRANSFERABLE MANUFACTURER WARRANTIES EXPRESSLY PROVIDED TO CUSTOMER, WE’VE GOT SWAG DISCLAIMS ALL OTHER EXPRESS AND IMPLIED WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Nothing in these terms excludes or limits a right that cannot lawfully be excluded or limited.

Delays and Events Beyond Our Control

We’ve Got Swag is not responsible for delay or failure caused by circumstances beyond its reasonable control, including severe weather, fire, flood, natural disaster, carrier disruption, labor dispute, equipment or utility failure, material shortage, supply-chain interruption, public-health emergency, war, terrorism, civil unrest, government action, embargo, import restriction, or supplier failure. We will use commercially reasonable efforts to notify Customer of a material delay and resume performance when reasonably practicable.

Claims, Adjustments, and Returns

Customer must inspect merchandise promptly after delivery. Claims involving visible damage, defects, shortages, incorrect merchandise, or nonconformity must be reported to Customer Service at 310-956-4931 within 15 days after receipt. Customer should provide the job number, a description, photographs, quantity counts, and images of packaging and shipping labels.

Customer must preserve affected merchandise and original packaging while the claim is reviewed. The 15-day period does not eliminate rights relating to a latent defect that could not reasonably have been discovered through timely inspection. A latent-defect claim must be reported promptly after discovery.

WE DO NOT ACCEPT UNAUTHORIZED RETURNS. Merchandise may not be returned without prior written authorization. If approved, We’ve Got Swag will issue a Return Merchandise Authorization number and provide return instructions.

Website Pricing

We make reasonable efforts to keep website pricing accurate and current. Market conditions, supplier changes, tariffs, freight, raw-material costs, and other factors may affect pricing. We may correct errors and change published prices before accepting an order. If a price changes, we will notify Customer and provide the corrected price or help select another product.

Website Images

We make reasonable efforts to provide clear, color-correct images reflecting the general appearance of merchandise. Images cannot communicate exact color, scale, texture, material, or detail, and display settings may affect appearance. We encourage Customer to request a physical sample when these characteristics are important. If Customer elects not to examine an available sample, reasonable differences between the image and final merchandise will not constitute a defect.

Special Offers

1. Each offer may be used only once per Customer.
2. Multiple offers may not be combined on a single order.
3. Each separately produced or decorated product may be treated as a separate order.
4. Shipping, setup, artwork, rush charges, and taxes do not count toward minimum order amounts unless stated otherwise.
5. Offers apply only to published website or other then-current pricing.
6. Certain products, services, brands, quantities, and decoration methods may be excluded.
7. A promotional code must be provided before the Sales Order is approved.
8. Offers have no cash value and cannot be applied retroactively.
9. We may modify or discontinue an offer before accepting an order, subject to applicable law.

Limitation of Liability

To the maximum extent permitted by law, We’ve Got Swag will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, revenue, opportunities, reputational harm, or costs arising from delayed or canceled events. Our aggregate liability arising from an order will not exceed the amount Customer paid for the specific merchandise or services giving rise to the claim. These limitations do not apply where liability cannot lawfully be limited or to our gross negligence or willful misconduct.

Order of Precedence

1. A written amendment signed by Customer and an authorized representative of We’ve Got Swag
2. The approved Sales Order
3. The approved proof
4. These Terms and Conditions
5. Customer’s purchase order or other documents

Acceptance

By signing or electronically approving a Sales Order, approving a proof, submitting payment, or accepting merchandise, Customer agrees to the applicable Sales Order and these Terms and Conditions. Customer’s order is an offer to purchase. Our acceptance is expressly conditioned upon Customer’s acceptance of these terms. An automated acknowledgment or receipt of payment does not, by itself, constitute acceptance.

Governing Law and Venue

These Terms and Conditions and each order are governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-laws principles. Unless the parties agree otherwise in writing, any legal action must be brought in a state or federal court having jurisdiction where We’ve Got Swag maintains its principal place of business in Virginia. Each party consents to the jurisdiction and venue of those courts.

General Provisions

If a provision is held invalid or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain effective. A failure or delay in enforcement is not a waiver. Customer may not assign an order without our prior written consent. We may assign an order in connection with a merger, reorganization, sale of assets, or transfer of business. Electronic signatures, approvals, and records have the same effect as originals to the extent permitted by law. The Sales Order, approved proof, these terms, and any signed amendment constitute the entire agreement concerning the order.

Effective Date: September 9, 2026
Last Updated: September 9, 2026