Everstead Wear legal
Terms of Service
Effective July 20, 2026
Draft requiring review. Complete every highlighted business detail and have qualified counsel review these Terms before accepting orders or payments.
These Terms govern your use of the Everstead Wear website, customer portal, custom apparel design services, and purchases. “Everstead Wear,” “we,” “us,” and “our” refer to [INSERT FULL LEGAL BUSINESS NAME].
1. Acceptance of these terms
By accessing this website, creating an account, submitting a design request, approving a proof, or purchasing products or services from Everstead Wear, you agree to these Terms of Service and any policies linked from them. If you act for a company or other organization, you represent that you have authority to bind that organization.
2. Eligibility and accounts
You must be legally able to enter a binding agreement in your jurisdiction. You are responsible for the accuracy of your account and order information, safeguarding your login credentials, and all activity conducted through your account. Notify us promptly of suspected unauthorized use.
3. Custom design services
Our services may include brand discovery, apparel concept development, artwork preparation, proofing, revisions, sourcing, production coordination, and delivery. The scope, price, included revision rounds, estimated schedule, garment specifications, and minimum quantities shown in a proposal, checkout, or order confirmation become part of your order. Concepts and visual previews are representations; the manufactured product may have reasonable production variations.
4. Customer materials and authorization
You retain ownership of logos, trademarks, photographs, copy, and other materials you submit. You grant Everstead Wear and its production partners a limited, non-exclusive license to copy, modify, format, and use those materials only as reasonably necessary to provide the requested services. You represent that you own or have permission to use every submitted item and that our authorized use will not violate another party’s rights. You are responsible for claims arising from materials you were not authorized to provide.
5. Proofs, approvals, and revisions
Review every proof carefully, including spelling, colors, logos, placement, garment style, sizes, quantities, and shipping information. Your approval authorizes production and confirms that the proof is accurate. Changes requested after approval may require a new quote, additional fees, and a revised schedule. Revision requests must remain within the original brief; a new direction or expanded scope may be treated as a new project.
6. Artwork and intellectual property
Upon full payment, you receive the usage rights expressly stated in your proposal or order confirmation for the final approved artwork. Unless a written agreement states otherwise, preliminary concepts, rejected directions, production methods, templates, source files, and internal working files remain the property of Everstead Wear or its licensors. We will not use your trademarks outside the permissions described in these Terms without your consent. Portfolio use requires any permission stated in your project agreement.
7. Product appearance and tolerances
Screens display color differently, and sublimation, cutting, sewing, fabric texture, garment construction, and placement can create reasonable variations between a digital proof, individual units, and production batches. Exact color matching is not guaranteed unless expressly agreed in writing. Measurements may vary within the manufacturer’s published tolerances. These customary variations are not defects.
8. Pricing, payment, and taxes
Prices may change before an order is accepted. You agree to pay the amounts, deposits, shipping charges, and applicable taxes shown at checkout or in your approved quote. We may pause design or production work while an invoice is overdue. Payment processing may be provided by a third party whose terms and privacy practices also apply.
9. Order changes, cancellations, and custom-product returns
Because custom products are made for a specific customer, approved orders generally cannot be canceled, returned, or exchanged once production begins. Before production, cancellation eligibility and any retained design, setup, material, or processing fees will be determined under the applicable cancellation and returns policy and the work already completed. Report shortages, damage, or manufacturing defects within the period stated in our Returns and Custom Products Policy and keep the products and packaging available for review.
10. Production and delivery
Production and delivery dates are estimates unless we expressly guarantee a date in writing. Delays may occur because of proof approval, customer changes, material availability, carrier performance, weather, labor interruptions, customs, or events outside our reasonable control. Risk of loss and title transfer as provided by applicable law and the selected shipping terms. You are responsible for providing a complete, deliverable address.
11. Acceptable use
You may not misuse the website, interfere with its security or operation, introduce malicious code, scrape or access it through unauthorized automated means, impersonate another person, submit unlawful or misleading content, infringe intellectual-property or privacy rights, or use our services for an unlawful purpose. We may suspend access or decline a project when reasonably necessary to protect customers, Everstead Wear, or others.
12. Third-party services and links
The website may rely on or link to payment processors, hosting providers, carriers, manufacturers, and other third parties. Their services are governed by their own terms. We are not responsible for independent third-party websites or services, except to the extent required by applicable law or expressly stated in our agreement with you.
13. Disclaimers
To the fullest extent permitted by law, the website and services are provided “as is” and “as available.” We do not promise that the website will always be uninterrupted, secure, or error-free. Any warranties that cannot legally be excluded remain in effect. Nothing in these Terms limits rights or remedies that applicable law does not permit us to waive.
14. Limitation of liability
To the fullest extent permitted by law, Everstead Wear will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profits, revenue, data, goodwill, or business opportunity arising from the website, services, or products. Our aggregate liability for a claim will not exceed the amount you paid for the product or service giving rise to that claim. These limits do not apply where prohibited by law.
15. Indemnification
To the extent permitted by law, you agree to defend, indemnify, and hold harmless Everstead Wear and its personnel from third-party claims, losses, and reasonable costs arising from your unlawful use of the services, your breach of these Terms, or materials you submitted without the required rights or permissions.
16. Privacy
Our collection and use of personal information is described in our Privacy Policy. Do not submit sensitive personal information that we have not requested.
17. Changes and termination
We may update these Terms by posting a revised version with a new effective date. Changes apply prospectively unless otherwise stated or required by law. We may suspend or terminate access for a material violation. Provisions that by their nature should survive termination—including payment, ownership, disclaimers, liability limits, and indemnification—will survive.
18. Governing law and disputes
These Terms are governed by the laws of [INSERT STATE AND COUNTRY OF LEGAL ENTITY], without regard to conflict-of-law rules. The courts located in [INSERT COUNTY AND STATE] will have jurisdiction, unless applicable consumer law requires another forum. Before filing a claim, the parties agree to make a good-faith effort to resolve the dispute informally.
19. General terms
If any provision is unenforceable, it will be limited or severed to the minimum extent necessary, and the remaining provisions will continue. A failure to enforce a provision is not a waiver. You may not assign your rights or obligations without our written consent; we may assign ours as part of a merger, reorganization, sale, or transfer of the business. These Terms and incorporated order documents are the entire agreement concerning their subject matter.
20. Contact
Questions about these Terms should be sent to [INSERT SUPPORT EMAIL] or mailed to Everstead Wear, [INSERT LEGAL BUSINESS NAME AND MAILING ADDRESS].