Terms and Conditions

Effective Date: October 22, 2024

Welcome to Brandify! These Terms and Conditions ("Terms") govern your access to and use of our website (www.brandi5.com) and services. By accessing, Browse, or making a purchase on our website, you agree to be bound by these Terms and all policies referenced herein. Please read these Terms carefully before proceeding. If you do not agree with any part of these Terms, you must not use our website or services.

 


1. General Acceptance of Terms

These Terms and Conditions apply to all visitors, users, and customers of Brandify. Your use of our website signifies your acceptance of these Terms and your agreement to comply with them. We recommend that you print a copy of these Terms for future reference.


2. Products and Services Offered

Brandify specializes in the sale of custom and non-custom promotional products, including but not limited to personalized shirts, t-shirts, hoodies, backpacks, mugs, tumblers, hats, caps, and various advertising materials. All products are subject to availability and may be modified or discontinued at any time without prior notice.

  • Custom Product Specifications: When ordering custom products, you are solely responsible for providing accurate and complete design details, images, text, and for thoroughly reviewing and approving all proofs or mock-ups provided by Brandify. Brandify is not responsible for errors, omissions, or dissatisfaction with custom products that result from customer-approved designs or specifications. We encourage you to double-check all details before final approval.
  • Product Descriptions: While we strive for accuracy, descriptions, images, pricing, and availability of products may contain errors or inaccuracies. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

3. Pricing, Payment, and Promotions

All prices displayed on the Brandify website are in U.S. Dollars (USD) and are subject to change without notice. We reserve the right to adjust prices, offer discounts, or correct any pricing errors that may occur.

  • Payment Methods: We accept major credit cards (Visa, MasterCard, American Express, Discover), PayPal, and other secure payment methods as indicated during the checkout process. All payments are processed securely by third-party payment processors. Brandify does not store your full payment card details.
  • Discounts and Promotional Offers: From time to time, Brandify may offer discounts, promotions, or special offers. These are subject to specific terms and conditions outlined at the time of the offer and may be withdrawn or modified at our discretion.

4. Order Acceptance and Processing

Upon placing an order, you will receive an order confirmation email. This email does not signify our acceptance of your order; it confirms that we have received it. All orders are subject to acceptance and product availability.

 

  • Custom Product Orders: Custom products require your explicit design approval before production begins. Once production has commenced following your approval, custom orders cannot be modified or canceled.
  • Shipping: Shipping times, costs, and methods are detailed in our Shipping Policy. Please refer to that policy for comprehensive information. Free shipping may be offered for certain promotions or discounts as specified.

5. Returns, Refunds, and Exchanges

Our comprehensive Refund and Returns Policy governs the conditions under which products can be returned, exchanged, or refunded. Please review this policy carefully before making any purchase.

  • Custom Product Returns: As a general rule, customized items are non-returnable and non-refundable unless they are determined to be defective or damaged upon arrival. Specific conditions and timeframes apply as outlined in our Refund and Returns Policy.

6. Intellectual Property Rights

All content present on this website, including but not limited to product images, logos, trademarks, text, graphics, designs, audio, video, and software, is the sole intellectual property of Brandify or our licensors and is protected by U.S. and international copyright, trademark, patent, and other intellectual property laws.

  • Permitted Use: You may access and use the website for your personal, non-commercial use only. Any unauthorized use, reproduction, distribution, display, or creation of derivative works from this content is strictly prohibited without the express written consent of Brandify.
  • Customer-Provided Content: By submitting any designs, images, or text for custom products, you warrant that you have all necessary rights and permissions to use such content and that it does not infringe on any third-party intellectual property rights. You grant Brandify a non-exclusive, royalty-free license to use, reproduce, and modify such content solely for the purpose of fulfilling your order.

7. Limitation of Liability and Disclaimer of Warranties

Brandify provides its website and services on an "as is" and "as available" basis. We do not make any warranties, express or implied, regarding the operation of our website, the information, content, materials, or products included on the website.

 

  • No Warranty: Brandify expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
  • Limitation of Damages: To the fullest extent permitted by applicable law, Brandify shall not be liable for any direct, indirect, incidental, punitive, special, or consequential damages (including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses) arising out of or in connection with your use of, or inability to use, our website or services, even if Brandify has been advised of the possibility of such damages. This includes issues related to product availability, shipping delays, inaccuracies in product descriptions, or any errors or interruptions of service.

8. User Accounts and Security

If you choose to create an account on our website, you are responsible for maintaining the confidentiality of your account credentials, including your password, and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account. You must notify Brandify immediately of any unauthorized use of your account or any other breach of security.


9. Governing Law and Dispute Resolution

These Terms and Conditions are governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law principles.

 

  • Dispute Resolution: Any dispute, controversy, or claim arising out of or relating to these Terms or your use of Brandify's website or services shall be exclusively resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Miami-Dade County, Florida, unless otherwise agreed by the parties. The judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

10. Changes to These Terms and Conditions

Brandify reserves the right to update, modify, or replace any part of these Terms and Conditions at any time without prior notice. Changes will be effective immediately upon posting the revised Terms to this website. It is your responsibility to review these Terms periodically for updates. Your continued use of the website following the posting of any changes constitutes acceptance of those changes.

 


11. Contact Information

If you have any questions, concerns, or require clarification regarding these Terms and Conditions, please contact us at:

Brandify Customer Support Email: infobrandifyusa@gmail.com