Terms and Conditions

Elite Fire Apparel is strongly committed to protecting your privacy and providing a safe online experience. The following Terms and Conditions apply to Elite Fire Apparel. We urge you to read the terms set forth below, as well as our Store Policy and contact us if you have any questions.

 

YOU UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY LAW:

 

A. SERVICES AND CONTENT ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ELITE FIRE APPAREL EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND AGAINST INFRINGEMENT.

 

B. ELITE FIRE APPAREL MAKES NO WARRANTY THAT: (i) THE FUNCTIONS OF AND SERVICES PROVIDED IN THIS SITE WILL BE UNINTERRUPTED, SECURE OR ERROR- FREE; (ii) DEFECTS WILL BE CORRECTED; OR (iii) THIS SITE OR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

C. ELITE FIRE APPAREL MAKES NO WARRANTY REGARDING THE ACCURACY, VERACITY, INTEGRITY OR QUALITY OF THE CONTENT, SITES OR RESOURCES MADE AVAILABLE ON OR FROM THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY THAT SUCH CONTENT, SITES OR RESOURCES WILL BE FREE OF MATERIAL THAT IS OFFENSIVE, INDECENT OR OBJECTIONABLE.

 

D. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

 

IN NO EVENT WILL ELITE FIRE APPAREL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES FOR ANY USE OF THIS SITE, OR USE OF ANY OTHER LINKED SITE, EVEN IF ELITE FIRE APPAREL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE SITE.

 

Your privacy is important to Elite Fire Apparel. All information gathered by Elite Fire Apparel from you in connection with your use of this site is subject to the provisions of our Privacy Policy Statement. Elite Fire Apparel does not control, nor is Elite Fire Apparel responsible for, the privacy practices of those sites to which Elite Fire Apparel is linked and, therefore, you agree to read the privacy policies of those sites.

 

You agree to indemnify and hold Elite Fire Apparel and our affiliates, managing members, employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: your use of the site; User Submitted Content you submit, post, transmit or otherwise make available though this site; your violation of these Terms; or your violation of any rights of another.

 

These Terms constitute an agreement between you and Elite Fire Apparel with respect to the subject matter hereof, and govern your use of this site, superseding any prior agreements between you and Elite Fire Apparel. These Terms and the relationship between you and Elite Fire Apparel will be governed by the laws of the State of North Carolina without regard to its conflict of law provisions. The parties agree to submit to the personal and exclusive Elite Fire Apparel jurisdiction of the courts located within Gaston County, North Carolina, for any dispute arising under or relating to the subject matter of these Terms. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent possible, while the remaining provisions of these Terms will remain in full force and effect.

 

1. You may submit/upload information, data, text, photographs, sound, graphics, video, messages, or other materials (“Content”) through this site, email or social media pages. You understand that whether or not such Content is published, Elite Fire Apparel does not guarantee any confidentiality with respect to any User Submitted Content. You shall be solely responsible for your own User Submitted Content and the consequences of posting or publishing them.
2. You have chosen to post, submit, or display Content (as hereinafter defined) to a web-site owned, controlled, and/or operated by Elite Fire Apparel. These User Submitted Content Terms and Conditions of Use (“USCTACOU”) govern the submission of Content to Elite Fire Apparel. Content means any information, messages, suggestions, questions, comments, postings, advertisements, ratings, ideas, techniques, notes, know-how, drawings, concepts, designs, audio visual material, photographs and pictures (including pictures of the user and other representations of the user’s name and likeness), digital images, embedded images and other items or property depicted in the submitted images, or other content in any form.
3. For clarity, you retain all of your ownership rights in your Content. However, by submitting Content, you hereby grant Elite Fire Apparel an unrestricted, transferable and sub-licensable, irrevocable, royalty-free, world-wide, and perpetual license to reproduce, distribute, publicly display, make derivative works of, and otherwise use the Content for any commercial purpose at Elite Fire Apparel’s discretion, including without limitation in any media whatsoever now known or later invented throughout the world. You hereby disclaim any right to any compensation from Elite Fire Apparel in connection with Elite Fire Apparel’s exercise of its license rights in and to the Content you have submitted to Elite Fire Apparel. You acknowledge and agree that Elite Fire Apparel is under no obligation of confidence to you, and shall not be liable for any use or disclosure of any Content. By submitting the Content, you represent and warrant that: (i) you own the copyright in such Content or that you have a legitimate license to post the Content, including photographs or other audiovisual material, without any restrictions whatsoever; and/or (ii) you have obtained all requisite releases, including likeness releases, from all persons whose likeness is featured or depicted in the Content and (iii) you authorize Elite Fire Apparel to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Content to enable inclusion and use of the Content in the manner contemplated by the Website and these USCTACOU.
4. Elite Fire Apparel reserves the right to review any Content and remove, delete, redact, or otherwise modify such Content, in its sole discretion, at any time and from time to time, without notice or further obligation to you. Elite Fire Apparel has no obligation to publish, display, or post any Content. Elite Fire Apparel reserves the right to disclose, at any time and from time to time, any information or Content that Elite Fire Apparel deems necessary or appropriate to satisfy any applicable law, regulation, contractual obligation, legal dispute process, or governmental request.

 

Elite Fire Apparel Policies

COPYRIGHT AND TRADEMARKS: Elite Fire Apparel assumes no responsibility for researching or authenticating the rights held by any Customer to any trademark, as it relates to any design or logo reproduced on behalf of a Customer. Any and all liability for any act of trademark infringement rests with the Customer, and Customer shall indemnify Elite Fire Apparel against any and all actions resulting from trademark issues.

Customer represents, warrants and guarantees that it is the lawful owner or AUTHORIZED USER of the Content submitted and that the Content does not infringe upon the property rights, intellectual property rights or other rights of others. Customer represents that there are no outstanding disputes in connection with the property rights, intellectual property rights or other rights in the Content or any parts of the Content. In the event that Elite Fire Apparel is to embroider or imprint at the request of Customer Content provided by the Customer, Customer hereby represents that the Content is being produced with the knowledge and consent of the individual or entity having the rights thereto. Upon request, Customer shall provide written evidence of authority to produce such Content.

Customer agrees to hold Elite Fire Apparel, its' owners, officers, directors, employees, agents and licensors ("Decorator"), free and harmless from all liability and indemnify Decorator for any loss, damage, or injury which Decorator may suffer as a result of producing said Content. The obligation of the Customer shall extend to the payment of all judgments, awards, losses, liabilities, costs and expenses, including but not limited to ALL attorney and legal fees, and costs of litigation or other out-of-pocket costs as a result of the reproduction of the "Content" requested by the Customer.

 

SHIPPING: We ship most products via USPS and UPS depending on the weight of the package. You will receive an automated email with a delivery tracking number when your order has been shipped. Shipping results in the customer taking full responsibility of the package once it is shipped from our store. We are not responsible for packages that are lost, damaged, stolen, misdirected or delayed. If you are interested in adding insurance to your package, the price is based on the order value. Please let us know prior to placing your order and we will discuss your options and pricing with you. We offer address verification for your protection but If you entered your shipping address incorrectly and the package is returned to us, you will be responsible for the shipping fee to get the package to the correct destination.

 

SAMPLE PACK PROGRAM: To better serve our customers, we offer sample packs of our blank headwear which may be used for proper sizing and fit prior to placing an order. Sample packs may be customized to fit the needs of the customer by selecting only the products the customer wishes to view. The price is calculated using the MSRP value of each item included in the sample pack. If sample packs are returned as described below, within 30 days, we will issue you a full refund.

The sample pack must be returned to Elite Fire Apparel within 30 days of the delivery arrival date to the customer’s address unless other arrangement have been made. The sample packs must be returned to us at the customer’s expense (we highly recommend that you add insurance for your protection). The headwear must be returned in original condition, free from damage and unpleasant odors (i.e. smoke, pet, etc.). In the event that the sample pack is lost, stolen or misdirected during shipment, Elite Fire Apparel is not responsible.

 

CUSTOMER SUPPLIED GARMENTS: We do not accept garments from outside sources. All products must be purchased through Elite Fire Apparel.

 

COLORS: Elite Fire Apparel assumes no responsibility and makes no guarantees regarding exact color matches of product or production, either within an order or in a reorder. Note that like-named colors used by various apparel manufacturers are not necessarily an exact shade match. Due to the international nature of apparel manufacturing, we do not warranty or guarantee the consistency, color, texture or appearance of the actual apparel. Apparel fabric colors which are shown online are approximate only and may have variations in color, hue and tone, especially from one size group to another. Fabric colors represented on computer monitors may vary substantially due to variations in computer screens, resolution, color, tone or any other display settings.

 

EMBROIDERY: When planning your embroidery project, please keep in mind that embroidery is NOT a one to one replacement for printing, patches or heat transfer vinyl lettering. Although embroidery is done with needle and thread, there is a limit to the amount of stitching any fabric can hold. Logos, Text or Artwork in excess of 10,000 stitches may cause slight pulling on the surrounding fabric, especially on very lightweight, stretchy, loose or open weave fabrics such as most t-shirts, sweaters, tank tops, Lycra, Spandex, polyester knits/blends, polyester mesh, cashmere, linen, silk, terry cloth or rayon fabrics. The reason is the embroidery thread is heavier, stronger and a tighter density than the surrounding fabric. If your project requires large, dense embroidery, please select heavyweight fabrics such as shirts with an ounce weight higher than 6 ounces OR fabrics with tight weaves including denim, double pique, oxford cloth, poplin, twill, wool, flannel, fleece or microfiber. We will guide you on proper garments to choose for your design.

 

DIGITIZING: All Digitized coding and production files are the property of Elite Fire Apparel. We DO NOT release any digitizing or coding information to customers for any reason. Digitizing files are kept on file for all future orders by customers and can be used at no extra expense only for custom embroidery orders placed and paid through Elite Fire Apparel.

 

PAYMENTS: To serve you better, all orders are to be paid in full at the time of order placement unless your department has made prior arrangements. We accept payment via all major credit cards and PayPal. Customers can also pay via company check submitted to: Elite Fire Apparel 120 W. Main St. Cherryville, NC 28021. We do not offer or accept extended payment terms. We accept properly Authorized and Signed Purchase Orders on bulk orders with our Terms & Conditions superseding all other terms.

 

ALL SALES ARE FINAL: Once payment is received, all sales are final. Once confirmed by the customer, either through verbal authorization, in writing or by electronic transmission, all orders as submitted and processed via the web site, email, social media, phone, or mail are final. Any changes requested to be made to an order after order approval and payment confirmation, are made at the sole discretion of Elite Fire Apparel. Should Elite Fire Apparel agree to change a confirmed order, the Customer may be charged a $15 change order fee. Changes to an order can directly affect the production schedule and the completion date. Again, all of these changes are also made at the sole discretion of Elite Fire Apparel.

Once confirmed, any errors, inaccuracies or omissions made during the placement and/or production of an order shall be the sole responsibility of the Customer.

 

ERRORS AND RETURNS: Unless a clear production error has been made by Elite Fire Apparel that is in obvious conflict with the specifications provided on the confirmed production order, no returns of decorated merchandise will be accepted. Elite Fire Apparel retains the sole and complete discretion to authorize (or refuse to authorize) the return of any product purchased by Customer. Any and all returns must be pre-authorized by Elite Fire Apparel. This pre-authorization is only complete upon provision of a return authorization number and return shipping address.

To receive a Return Authorization Number, please email us at erin@elitefireapparel.com or call (704) 435-7902.

Any replacement goods requested by the Customer for orders already completed and for which Elite Fire Apparel does NOT acknowledge a production error will require the Customer to place a new production order with Elite Fire Apparel. No replacement goods will be provided unless Elite Fire Apparel clearly states so in writing. Further, if a production error is made and acknowledged by Elite Fire Apparel in writing, then corrected replacement goods will be provided to the Customer once the goods shipped in error have been returned to the authorized return address supplied.

All returns must be made as directed by Elite Fire Apparel. Therefore, Customer shall be required, prior to making any and all returns, to prominently write a Return Authorization Number on the box in which the product is to be returned, along with the proper return shipping address. Again, Elite Fire Apparel shall provide both the Return Authorization Number and the return address to the Customer prior to ANY return shipment.

The amount charged for the outbound shipping of the product(s) to the Customer is not refundable under any circumstances. The cost of return shipping back to the return address provided by Elite Fire Apparel (i.e. all return freight and/or delivery charges) is the responsibility of the Customer unless specifically waived IN WRITING and in advance of such return by Elite Fire Apparel. Returns will only be accepted for goods that have not been worn, washed or altered in any way, and only if the product is in the same new and unblemished condition as when it was shipped.

 

SUBSTITUTIONS: Elite Fire Apparel does not substitute products without written consent of the customer. If any of the product colors or sizes ordered by the Customer are not in inventory in Elite Fire Apparel’s warehouse, an email notice concerning this unavailability of product will be sent to the Customer (generally within 24 hours of submitting the original order, but no such guarantee of this time frame is made). Said email will request instructions from the Customer on how to proceed with the order (e.g. request for different style, cancellation of order, etc.). The original order submitted by Customer will be placed on hold by Elite Fire Apparel until such instructions are received from the Customer via email or phone.

 

LIMITATION ON DAMAGES: Elite Fire Apparel will not be liable for any loss of profit, interruption of business or any other special, consequential or incidental damages suffered or sustained by Customer. Any and all damages incurred by Customer (or allegedly incurred by Customer) shall, in any and all cases, be limited to the refund of the purchase price of the product purchased by Customer (provided that all of the terms and conditions herein are satisfied).

Further, by placing an order for products through Elite Fire Apparel, Customer acknowledges and understands that Elite Fire Apparel is not the manufacturer of any apparel or accessories purchased by Customer and that Elite Fire Apparel’s role is that of an authorized distributor/decorator of the products available for purchase through Elite Fire Apparel. As such, Elite Fire Apparel hereby disclaims all warranties and conditions with regard to any product so purchased, including all implied warranties and conditions of use, merchantability and/or fitness for a particular purpose.

In no event shall Elite Fire Apparel be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the any product offered for sale on this website, or otherwise arising out of the use of this site, whether based on contract, tort, negligence, strict liability or otherwise, even if Elite Fire Apparel has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to the Customer.

 

CHARGE-BACK FEES AND OTHER BANK FEES: Customer understands and agrees that all products purchased, produced and shipped are considered a final sale for which no refunds will be given or provided except as expressly provided herein. As such, Customer agrees and acknowledges that by purchasing any product from Elite Fire Apparel, Customer shall be solely responsible for and shall bear (and/or reimburse) Elite Fire Apparel for any bank fees, charge-back fees, or fees billed or charged to Elite Fire Apparel from any credit card company, merchant bank or other source of payment that is issued at the request of the Customer outside of the expressly provided methods of return.

Stated another way, should the Customer request a refund or chargeback from any credit card company, merchant bank or other source of payment processor against the purchase of Elite Fire Apparel products, and should said card company, merchant bank or other payment provider debit any portion of an invoice payment made Elite Fire Apparel and thereafter impose any fees to Elite Fire Apparel at the request of said Customer, Customer shall reimburse Elite Fire Apparel for the amount of said charge back fee and the initial purchase amount (the "total amount"). Further, by purchasing any product from Elite Fire Apparel, Customer expressly authorizes Elite Fire Apparel to collect the stipulated payment/charges to be made to Customer's credit card account or checking account (the same being the method of payment presented previously by the Customer) in the amount of said "total amount" plus a twenty-five percent (25%) administrative fee to cover the costs and time involved with this payment re-collection process. Customer acknowledges and agrees that the policy set forth in this paragraph provides for reimbursement to Elite Fire Apparel for chargeback or bank fees incurred, is fair and reasonable and is not a penalty clause or provision.

Pursuant to the terms and conditions contained herein, if Elite Fire Apparel receives notice that any credit card charges are disputed, Elite Fire Apparel will not hesitate to file a Civil Complaint against the Customer for the entire purchase price, PLUS all costs and fees outlined herein above, plus all costs of judgment and collection, including but not limited to attorney's fees, court costs, filing fees, all credit card fees, service charges or expenses, 1 1/2% interest per month on all unpaid or delinquent amounts or expenses due, whatsoever, in order to collect those amounts owed. Customer agrees to be responsible for all costs as provided herein above.

Notwithstanding the forgoing, Elite Fire Apparel will disclose personally identifiable data without your permission in the following circumstances: (i) if Elite Fire Apparel is required to do so by law, or (ii) if Elite Fire Apparel has the good faith belief that such action is necessary to conform to applicable laws or comply with legal process served on Elite Fire Apparel or to protect and defend the rights or property of Elite Fire Apparel or another subscriber or to enforce the Terms of Use, or (iii) if Elite Fire Apparel has the good faith belief that any person or entity is attempting to commit a criminal offense by submitting fraudulent credit card or deceptive billing or shipping information in an attempt to steal merchandise or violate any Local, State or Federal Laws. (iv) if Elite Fire Apparel is requested to print or embroider any type of text or graphics which is unlawful, vulgar, defamatory, obscene, pornographic, indecent, libelous, tortuous or otherwise objectionable, or invasive of another's rights, or that would constitute or encourage a criminal offense, or that would otherwise create liability. Elite Fire Apparel actively participates with the FBI and various law enforcement agencies to identify, monitor or prosecute such groups, persons or offenders.

 

Custom Orders: Elite Fire Apparel reserves the right to showcase any concepts/finished products created from any project (for promotional purposes).

 

Customer Responsibility: It is the responsibility of the Client to thoroughly review all order details for any discrepancies prior to confirming the order for production.