1. Acceptance of These Terms
These Terms and Conditions form a binding agreement between you and Xpectra Media LLC, a limited liability company organized under the laws of the State of Texas with its principal place of business at 2400 Innovation Parkway, Suite 310, Austin, TX 78758. By accessing xpectramediallc.com, creating a design, or placing an order, you confirm that you have read, understood and agree to be bound by these terms.
If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have authority to bind that entity. If you do not agree with any part of these terms, please do not use the website or place an order.
You must be at least eighteen years of age, or the age of majority in your state, to place an order. Customers under eighteen may order only with the involvement of a parent or legal guardian who accepts these terms on their behalf.
2. Website Usage
You may browse this website, use the product customizer and place orders for lawful purposes only. In using the site, you agree that you will not:
- Attempt to gain unauthorized access to any part of the site, its servers or any connected system.
- Use automated tools to scrape, harvest, mirror or republish our catalog, photography, descriptions or pricing.
- Interfere with the operation of the site, including by introducing malicious code or placing an unreasonable load on our infrastructure.
- Submit false, misleading or fraudulent order information, or place orders you do not intend to accept and pay for.
- Resell, sublicense or commercially exploit any part of the website itself, as distinct from the printed products you purchase from us.
We may suspend or terminate access to the site, cancel pending orders and decline future business from any person who violates these terms, without prior notice.
3. Product Information and Accuracy
We describe our products as accurately as we can, including fabric composition, weight, fit, care instructions and available print methods. Even so, some variation is inherent to apparel and to printing, and you should expect it.
- Color: screens differ. The garment and ink colors you see on your monitor or phone are a representation, not an exact match. Pantone-critical work should be discussed with us before production.
- Sizing: garment measurements carry a normal manufacturing tolerance of roughly half an inch to one inch. Consult the size chart on each product page before ordering.
- Print placement: placement is measured from a fixed reference point and carries a tolerance of approximately half an inch, which is standard across the industry.
- Photography: catalog images are illustrative and may show a different colorway, print or styling than the configuration you select.
- Availability: blanks are sourced from third-party mills. If a specific size or color becomes unavailable, we will contact you with substitute options before producing your order.
4. Pricing
All prices are shown in United States dollars. The price displayed on a product page covers the blank product and the standard print or decoration described in the listing.
- A flat customization fee of $4.50 per unit is added to any item carrying your own artwork or custom text.
- Estimated sales tax of 8.25% is calculated on the order subtotal at checkout. Final tax may be adjusted to match the rate in effect at your delivery address.
- Shipping is charged separately as described in section 10 and on our Shipping Information page.
- Promotional codes cannot be combined unless expressly stated, apply only to the product subtotal, and may exclude sale items.
Prices may change at any time without notice, but the price confirmed on your order is the price you pay for that order. We correct obvious pricing errors: if an item is listed at a clearly incorrect price, we will contact you to confirm or cancel the order before production rather than silently charging the corrected amount.
5. Orders and Acceptance
Submitting an order is an offer to buy. A contract is formed only when we accept that offer, which happens when we confirm the order and release it to production. Until that point we may decline the order for any lawful reason, including suspected fraud, artwork that violates section 8, or unavailability of stock.
You are responsible for the accuracy of everything you submit: spelling, product, size, color, quantity, print position and delivery address. Because each item is made specifically for you, an approved order proceeds to production exactly as approved.
Where a digital proof is issued, your written approval of that proof is final. Typographical errors, incorrect logos or incorrect placement contained in a proof you approved are not eligible for a free reprint. Review proofs carefully, and ask a second person to check names, dates and numbers.
6. Payment, Cash on Delivery, and Card Payments
Orders placed through this website are fulfilled on a Cash on Delivery (COD) basis. Online credit card and debit card payment is currently unavailable on this site.
How Cash on Delivery works:
- You place and confirm your order online. No payment is taken at that moment and no card details are requested or stored.
- We produce your order and hand it to the carrier. Payment of the full order total is collected at the point of delivery.
- The recipient must be present and prepared to pay the exact amount shown on the order confirmation. Please arrange payment in advance with whoever will receive the package.
- A package refused at the door, or undeliverable after the carrier's standard delivery attempts, is returned to us. Because the goods were custom made, the order remains payable and we may invoice you for production and return carriage.
Corporate and bulk customers may apply for invoiced terms, paid by company check, ACH transfer or purchase order, subject to credit approval. Invoices are due net thirty days from the invoice date unless otherwise agreed in writing. Overdue balances may accrue a late charge of one and one-half percent per month or the maximum permitted by Texas law, whichever is lower.
7. Customization Responsibilities
Our customizer lets you position artwork and text on a product and preview the result. What you see in that preview is what our production team receives, so the responsibility for the design rests with you.
- Content accuracy. Check spelling, names, dates, phone numbers, jersey numbers and web addresses. We print what you supply and do not edit your text.
- File quality. Supply artwork at 300 dpi at final print size, or as a vector file. Low-resolution files reproduce softly or with visible pixel edges, and a print that is soft because the source file was small is not a defect.
- Transparency and background. Logos should be supplied as transparent PNG or vector. A white box behind a logo in your file will print as a white box.
- Placement. Position and scale your design deliberately. Elements placed near a seam, pocket, zipper or hem may distort or be cut off.
- Color expectations. Digital color is converted to ink. Neon, fluorescent and metallic colors cannot be reproduced by standard CMYK printing.
We review every file before production and will contact you if something will clearly not reproduce well. That review is a courtesy check, not a guarantee, and it does not transfer responsibility for the design to us.
8. Uploaded Content, Copyright and Trademark
This section is the most important part of these terms. Please read it carefully before submitting any artwork.
You must own, or have explicit legal permission to use, any logo, image, photograph, illustration, typeface, trademark, character, slogan or other artwork you upload or send to us for printing. By submitting artwork you represent and warrant that you hold all necessary rights, licenses, releases and permissions, and that reproducing your artwork on the products you ordered infringes no copyright, trademark, right of publicity, right of privacy or other right of any third party.
Copyright ownership
You retain ownership of the artwork you supply. You grant Xpectra Media LLC a limited, non-exclusive, royalty-free license to reproduce, modify for production purposes (such as color separation, resizing and digitizing) and print that artwork solely for the purpose of fulfilling your order and any reorder you place. This license ends when your order is complete, except for any archived production file retained for reorder matching, which you may ask us to delete at any time.
Trademark permission
Printing a third party's trademark (a sports team, a university, a band, a brand logo, a licensed character) requires written permission from the rights holder. We may ask you to provide evidence of that permission before we produce such a job, and we will decline the order if it is not forthcoming.
Prohibited content
We will not print, and reserve the right to cancel any order containing:
- Copyrighted or trademarked material used without the rights holder's permission.
- Hate speech, or content promoting violence, terrorism or discrimination on the basis of race, ethnicity, religion, national origin, sex, gender identity, sexual orientation, disability or age.
- Sexually explicit material or content sexualizing minors in any way.
- Content that harasses, defames, threatens or invades the privacy of an identifiable person.
- Content promoting illegal activity, illegal drugs, or the illegal sale of firearms.
- Counterfeit branding, or artwork designed to pass a product off as the genuine article of another company.
- Government, military or law-enforcement insignia used in a way that implies official status you do not hold.
Customer-provided artwork and indemnity
You agree to indemnify, defend and hold harmless Xpectra Media LLC, its officers, employees and contractors from any claim, demand, loss, liability, damage or expense, including reasonable attorneys' fees, arising out of artwork you supplied, including any claim that it infringes intellectual property or other rights. If a rights holder contacts us about a job we printed for you, we will cease production and provide the claimant with the information required by law.
Our decision to accept or decline a design is final and does not constitute legal advice about whether your use of that design is lawful.
9. Production Times
Standard production takes two to four business days from the point your order and artwork are approved. Express production takes a priority slot and typically clears the floor within one to two business days. Large runs, multi-position prints and jobs combining embroidery with printing may take longer, and we will tell you the expected date in writing.
Production time is separate from shipping time. Business days exclude Saturdays, Sundays and United States federal holidays. Orders confirmed after 2:00 PM Central Time begin production the following business day.
10. Shipping and Delivery
We ship to all fifty states and Washington, D.C. Standard shipping costs $6.99 and arrives in 5 to 8 business days. Express shipping costs $14.99 and arrives in 2 to 4 business days. Orders with a subtotal of $75.00 or more qualify for free standard shipping.
Risk of loss passes to you on delivery. Delivery estimates are estimates, not guarantees; once a package is with the carrier, its progress is outside our control. You are responsible for supplying a complete and correct delivery address. Re-delivery charges caused by an incorrect address are payable by you. Full details are set out in our Shipping Information page, which forms part of these terms.
11. Returns, Refunds and Cancellations
Return requests must be submitted within seven days of delivery with proof of purchase.
- Customized products are non-returnable unless they are defective, damaged in transit, or printed incorrectly by us.
- Blank, non-customized products may be returned within seven days in unused, unwashed, unworn original condition with all tags attached.
- Approved refunds are issued to the original payment method, or by check for Cash on Delivery orders, within five to seven business days of the returned goods being received and inspected.
- Original shipping charges are non-refundable except where the return results from our error.
- Orders may be cancelled without charge until production begins. Once artwork has been output or garments have been printed, cancellation is not possible because the goods cannot be resold.
The complete procedure, including photo evidence requirements and the exchange process, is set out in our Return Policy, which forms part of these terms.
12. Our Intellectual Property
The Xpectra Media LLC name, the Xpectra logo and mark, the website design, page layouts, original photography, product descriptions, illustrations, iconography and underlying code are owned by Xpectra Media LLC or licensed to us, and are protected by United States copyright and trademark law.
You may view and print pages of this site for your own reference and for the purpose of placing an order. You may not copy, reproduce, republish, distribute, modify or create derivative works from any part of the site, or use our name or marks in metadata, advertising or a domain name, without our prior written consent.
Nothing in these terms transfers any right in our intellectual property to you, and nothing transfers any right in your artwork to us beyond the production license described in section 8.
13. Warranties and Limitation of Liability
We warrant that products will be free from defects in materials and workmanship at the time of delivery and will substantially match the approved proof. This warranty is the only warranty we give. To the fullest extent permitted by law, all other warranties, express or implied (including implied warranties of merchantability, fitness for a particular purpose and non-infringement), are disclaimed.
The website is provided on an “as is” and “as available” basis. We do not warrant that it will be uninterrupted, error-free or free of harmful components, or that the customizer preview will render identically on every device.
To the fullest extent permitted by law, our total aggregate liability arising out of or relating to any order is limited to the amount you paid for that order. We are not liable for indirect, incidental, special, consequential, exemplary or punitive damages, including lost profits, lost revenue, lost business opportunity, reputational harm, or the cost of a substitute product, even if we were advised that such damages were possible.
Some states do not permit the exclusion of certain warranties or the limitation of incidental or consequential damages. Where that is the case, the exclusions above apply only to the extent permitted, and nothing in these terms limits liability for fraud, willful misconduct, or any liability that cannot lawfully be limited.
We are not responsible for delays or failures caused by events outside our reasonable control, including severe weather, natural disaster, fire, labor disputes, carrier disruption, utility or network outage, mill or supplier failure, civil unrest, epidemic, or government action.
14. Governing Law and Disputes
These terms are governed by the laws of the State of Texas, without regard to its conflict of law rules. You and Xpectra Media LLC agree to the exclusive jurisdiction of the state and federal courts located in Travis County, Texas for any dispute that is not resolved informally.
Before filing any claim, you agree to contact us at support@xpectramediallc.com and give us thirty days to resolve the matter directly. In our experience, nearly every dispute over a print job is settled with a reprint, a partial credit or a refund within a few days.
If any provision of these terms is held unenforceable, that provision is severed and the remainder continues in full force. Our failure to enforce a provision is not a waiver of our right to enforce it later.
15. Changes to These Terms
We may revise these Terms and Conditions from time to time to reflect changes in our products, operations or legal obligations. The revision date shown at the top of this page always identifies the current version.
Your order is governed by the version of these terms in effect on the date you placed it. Changes are not applied retroactively to orders already confirmed. Continued use of the website after a revision is posted constitutes acceptance of the revised terms.
16. Contact Information
Questions about these terms should be sent to:
- General support: support@xpectramediallc.com
- Sales and bulk orders: sales@xpectramediallc.com
- Phone: (512) 555-0184
- Mail: Xpectra Media LLC, 2400 Innovation Parkway, Suite 310, Austin, TX 78758, United States
See also our Privacy Policy, Shipping Information and Return Policy, or reach us through the Contact page.