PAYMENTS AND PROCESSES OF INVOICES
POSWEAR has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by POSWEAR prior to the latter’s acceptance of an order. Unless credit term has been agreed upon, payment for the products shall be made by credit card via PAYPAL for all online orders and via SQUARE for in person orders. POSWEAR has all the discretion to cancel or deny orders. POSWEAR is not responsible for pricing, typographical, or other errors in any offer by POSWEAR and reserves the right to cancel any orders arising from such errors. In most cases when you purchase through the website you will see “POSWEAR” listed on your statement description
These Terms constitute the entire agreement between you and POSWEAR and govern your use of the Site, and they supersede any prior agreements between you and POSWEAR. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. POSWEAR may terminate this Agreement and deny you access to the Site at any time, immediately and without notice, if in POSWEAR sole discretion you fail to comply with any provision of these Terms.
You agree that no joint venture, partnership, employment, or agency relationship exists between DPClothing and you as a result of this Agreement or your use of the Site.
Any claim or cause of action you may have with respect to POSWEAR or the Site must be commenced within one (1) year after the claim or cause of action arose.
The failure of POSWEAR to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.
These Terms shall be governed by, construed and enforced in accordance with the laws of the State of CALIFORNIA , without giving effect to any conflict of law provisions. Any dispute arising under these Terms shall be resolved exclusively by an appropriate federal or state court sitting in the State of CALIFORNIA.
You may not assign the Terms or any of your rights or obligations under the Terms without POSWEAR express written consent. The Terms inure to the benefit of POSWEAR successors, assigns and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect.
To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms to us please refer to our Contact Us page.
If you would like to exchange an item you purchased mail it to:
P.O Box 189396
Sacramento, CA 95818
Include a letter with your contact information, order reference number, and the details of what you would like to exchange. You pay for all shipping costs or you can find us locally by visiting our facebook facebbok.com/poswear.
BACK ORDER ONLY
When you see the words”BACK ORDER ONLY” or “BACK ORDER” or some similar variation, the delivery time for that item is on typically 7-10 weeks. Just because an item does not have these words does not guarantee that the item is not on back order. If you decide you cannot wait your sole remedy is to cancel your order and receive a full refund or select a different item.
RISK OF LOSS
All items purchased from our website are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.
EDITING, DELETING, & MODIFICATION
We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site. YOUR CONTINUED PARTICIPATION IN OUR PROGRAM, VISIT AND SHOPPING IN OUR SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
ACKNOWLEDGMENT OF RIGHTS
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the Program except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.
FRAUDULENT ACTIVITIES are highly monitored in our site and if fraud is detected Think Positive Apparel shall resort al remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.
Failure of the POSWEAR to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
Last Updated June 22, 2015