Terms of Sale and Service

Effective Date: March 26, 2026

These Terms of Sale and Service govern all products and services we provide at Cre8Merch, including custom merchandise, branded products, made-to-order goods, design services, sourcing, production coordination, packaging, fulfillment support, and related services.

When you request a quote, approve a proposal, place an order, pay an invoice, approve artwork, or otherwise engage us for any product or service, you agree to be bound by these Terms of Sale and Service, together with any quote, invoice, proposal, proof approval, project scope, order confirmation, or other written communication we provide.

If you don't agree to these Terms of Sale and Service, please don't place an order or proceed with any services.

1. How These Terms Apply

These Terms of Sale and Service apply to all transactions, orders, projects, and services we provide unless otherwise expressly agreed in writing.

When a quote, invoice, proposal, statement of work, approval document, or other written communication from us contains additional or different terms, those terms will apply together with these Terms of Sale and Service. If there's ever a conflict, specific written terms we've issued for that transaction will govern to the extent of the conflict.

2. Understanding Our Custom Work

At Cre8Merch, we primarily provide custom, personalized, branded, and made-to-order products and related services. Because our work is highly customized, all products and services are subject to availability, production feasibility, supplier constraints, material availability, technical limitations, approval requirements, and operational considerations.

You acknowledge that custom work is fundamentally different from standard retail purchases and may involve creative interpretation, production variables, sourcing dependencies, and order-specific limitations.

We reserve the right, in our sole discretion, to refuse any inquiry, order, request, artwork, content, or project that we consider unsuitable, impractical, unlawful, infringing, unsafe, misleading, or inconsistent with our business standards.

3. Understanding Quotes and Pricing

All quotes, estimates, pricing indications, and proposals we provide are non-binding until we accept them in writing.

Unless we've expressly stated otherwise in writing:

1. all quotes are estimates only
2. pricing is based on specifications, quantities, and assumptions available at the time of quoting
3. pricing may change if quantities, specifications, materials, artwork, timelines, shipping requirements, sourcing conditions, supplier pricing, or project scope changes
4. taxes, shipping charges, duties, brokerage, setup fees, rush fees, artwork preparation charges, sample costs, and other applicable charges may be additional unless expressly included

We reserve the right to correct clerical, mathematical, typographical, quotation, pricing, or specification errors at any time.

4. How We Accept Orders

No order is binding on us unless and until we confirm acceptance in writing.

We might require any of the following before accepting an order:

1. written acceptance of a quote or proposal
2. confirmation of specifications
3. approval of artwork, proofs, mockups, or samples
4. payment of a deposit or full payment
5. confirmation of shipping details
6. any other information reasonably required to proceed

We may refuse, pause, or cancel an order before production begins if required information is incomplete, if a pricing or feasibility issue arises, if supplier availability changes, if requested timelines aren't feasible, or if you fail to provide approvals or payment within a reasonable time.

5. Deposits and Payment

We may require a deposit or full payment before beginning design work, sourcing, supplier ordering, setup, production, packaging, or shipment.

Unless otherwise stated in writing:

1. deposits are applied toward total order value
2. deposits secure project commencement and supplier or production commitment
3. deposits are non-refundable once work has commenced or costs have been incurred or committed
4. full payment may be required before shipment, release, or delivery of goods

If payment isn't received when due, we may suspend work, delay production, withhold shipment, cancel outstanding work, revise pricing, or require payment in full before continuing.

You remain responsible for all approved charges, including revisions, added services, rush charges, shipping adjustments, taxes, and third-party costs reasonably incurred in connection with the project.

6. Changes to Orders

Because our products and services are custom and production-sensitive, any requested change after quote approval, invoice issuance, deposit payment, proof approval, supplier placement, or production commencement may not be possible.

When we agree to a requested change, you acknowledge that:

1. additional charges may apply
2. production or delivery timelines may change
3. previously quoted pricing may no longer apply
4. completed work may need to be revised or redone
5. non-recoverable costs already incurred will remain payable

No requested change is binding unless we confirm it in writing.

7. Understanding Cancellations

Cancellation requests aren't automatically effective and may not be possible once a project has progressed.

If we agree to a cancellation, you remain responsible for all work performed and all costs incurred or committed up to the time of cancellation, including:

1. design and artwork time
2. sourcing and coordination time
3. setup costs
4. sample costs
5. supplier charges
6. purchased materials
7. production preparation costs
8. shipping-related costs
9. administrative costs
10. any non-recoverable third-party expenses

Once custom production has begun, cancellation is generally not possible.

8. Your Information and Instructions

You're solely responsible for ensuring that all information provided to us is accurate, complete, current, and final. This includes, without limitation, names, spelling, quantities, colours, sizes, shipping addresses, product selections, logos, measurements, dates, phone numbers, email addresses, copy, artwork, and all other instructions or specifications.

We're entitled to rely entirely on information and approvals you provide and aren't responsible for errors, delays, losses, rework, or additional costs resulting from inaccurate, incomplete, inconsistent, or late information.

9. Your Artwork and Intellectual Property

You represent and warrant that you own or have obtained all necessary rights, permissions, licences, and authority to use and provide any artwork, logos, text, images, designs, slogans, branding, packaging elements, or other materials you supply to us.

You further represent and warrant that the requested use of those materials doesn't infringe any trademark, copyright, moral right, privacy right, publicity right, contractual right, or other right of any third party.

You agree to indemnify and hold harmless us from and against any claim, demand, loss, liability, cost, or expense arising out of or relating to materials you supply or your instructions.

Unless otherwise expressly agreed in writing, all original design concepts, mockups, layout work, and creative materials we develop remain our property until full payment has been received and any transfer of rights has been expressly confirmed in writing.

10. Proofs, Mockups, Samples, and Approvals

We may provide digital proofs, mockups, renderings, layouts, references, or samples for review where applicable.

It's your sole responsibility to carefully review all approval materials before granting final approval. This includes checking spelling, grammar, dates, names, placement, quantities, sizing, orientation, colours, logos, layout, contact information, and all other visible or stated details.

Once you provide approval, you accept full responsibility for approved content, layout, and specifications. We're not liable for any issue, error, omission, or defect that was present in or reasonably identifiable from an approved proof, mockup, sample, or approval file.

If you choose to proceed without a proof or where a proof isn't requested or required, you assume full responsibility for that decision.

11. Understanding Production Variations

You acknowledge and agree that custom manufacturing, decorating, printing, embroidery, and sourcing may involve reasonable variations from digital previews, photographs, samples, prior runs, screen displays, or conceptual visuals.

Variations might occur in relation to colour tone, shade, print placement, embroidery appearance, texture, material feel, sizing, finish, trim details, packaging appearance, and batch consistency.

These variations are inherent in custom production and don't constitute a defect unless we expressly agree otherwise in writing.

We don't guarantee exact colour matching, exact positioning, exact sizing tolerance, or exact replication across different materials, product types, suppliers, screens, methods, batches, or production runs.

12. Samples

Samples, mockups, and pre-production items aren't included unless we've expressly stated them in writing.

When a sample is provided, it's intended as a general reference only. Approval of a sample doesn't eliminate the possibility of reasonable variation in final bulk production.

Sample costs, shipping, setup charges, and longer lead times may apply.

13. Timelines and Delivery Estimates

Any production timeline, lead time, ship date, delivery target, or completion estimate we give is an estimate only unless we expressly state in writing that it's guaranteed.

You acknowledge that timelines may be affected by supplier delays, material shortages, approval delays, revisions, shipping carrier issues, customs delays, weather, labour disruption, volume surges, technical constraints, and other events beyond our reasonable control.

We're not liable for delay-related losses, missed deadlines, missed events, lost opportunities, or third-party costs arising from estimated timelines not being met.

If timing is critical, you must communicate that requirement in advance and we must expressly accept it in writing.

14. Shipping, Delivery, and Risk

Shipping and delivery arrangements are based on the information you provide.

You're solely responsible for the accuracy and completeness of all shipping addresses, recipient details, delivery instructions, and any site-specific delivery requirements.

Unless otherwise agreed in writing, delivery is considered complete when the order is delivered to the address you provided, marked delivered by the carrier, made available for pickup, or accepted by you or your representative.

We're not responsible for carrier delays, failed delivery attempts, address errors you provide, theft after delivery, delivery exceptions, redelivery charges, rerouting charges, customs issues, or other third-party delivery problems.

Risk in the goods passes to you upon delivery, pickup, or release to the applicable carrier, whichever occurs first, unless applicable law requires otherwise.

15. Please Inspect Your Order

We ask that you inspect all goods immediately upon delivery or pickup.

Any claim relating to shortages, visible issues, suspected defects, production errors, or non-conformity should be submitted to us in writing within 5 business days of delivery or pickup and must include reasonable supporting details and photographs where applicable.

If notice isn't received within that time, the order shall be deemed fully accepted to the fullest extent permitted by applicable law.

We may require additional information, photographs, packaging, batch identifiers, or return of affected goods before considering any claim.

16. All Custom Sales Are Final

Because our products are custom, personalized, branded, or made to order, all custom sales are final unless otherwise required by applicable law.

We don't offer refunds, returns, exchanges, credits, or chargeback accommodation for:

1. change of mind
2. buyer's remorse
3. subjective dissatisfaction
4. minor or ordinary production variation
5. approved artwork errors
6. approved spelling, layout, quantity, sizing, or formatting issues
7. dissatisfaction where delivered order substantially matches approved scope
8. delays outside our reasonable control
9. issues arising from client-supplied files, content, instructions, or materials
10. damage occurring after delivery
11. misuse, improper care, improper washing, improper storage, improper application, or normal wear and tear

17. Limited Remedies for Material Defects

If you submit a timely written claim and we determine, in our sole discretion acting reasonably, that the issue involves a material defect or material non-conformity directly attributable to us, then our sole and exclusive obligation, and your sole and exclusive remedy, shall be limited to one of the following remedies we select:

1. repair of affected goods
2. replacement of affected goods
3. store credit
4. partial credit
5. partial refund

Any remedy, if provided, will be limited strictly to the affected portion of your order only.

Please understand that we're not required to provide a full refund, full remake, compensation for deadlines, compensation for lost profits, compensation for downstream losses, or any remedy beyond what we determine is commercially reasonable for the affected portion of the order.

18. Non-Custom Goods

If we supply any non-custom, non-personalized goods, any return, exchange, or replacement rights relating to those items will be governed solely by specific written terms applicable to that transaction.

Unless expressly stated otherwise in writing, no return right applies to goods that have been used, worn, washed, opened, altered, damaged, or are no longer in original saleable condition.

19. Right to Refuse Content or Projects

We reserve the right to refuse, cancel, pause, or terminate any project involving artwork, messaging, branding, or product use that we believe may be unlawful, infringing, defamatory, hateful, discriminatory, unsafe, deceptive, or otherwise unsuitable.

Where a project is refused or stopped after work has already begun, you remain responsible for all work performed and costs incurred up to that point.

20. Portfolio Rights

Unless otherwise agreed in writing, we may photograph, display, describe, reference, or otherwise use completed work, mockups, and non-confidential project materials for portfolio, promotional, social media, editorial, internal, or marketing purposes.

If you require confidentiality, launch secrecy, or non-disclosure treatment, that requirement must be disclosed in writing before production begins and must be expressly accepted by us in writing.

21. Disclaimer of Warranties

To the fullest extent permitted by applicable law, all products and services are provided on an "as is" and "as available" basis.

We disclaim all representations, warranties, and conditions, express, implied, statutory, collateral, or otherwise, including any implied warranty or condition of merchantability, fitness for a particular purpose, non-infringement, title, performance, compatibility, or suitability, except to the extent that any such representation, warranty, or condition cannot lawfully be excluded.

22. Limitation of Liability

To the fullest extent permitted by applicable law, we shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages of any kind, including without limitation loss of profits, loss of revenue, loss of business, loss of opportunity, loss of reputation, delay-related losses, event-related losses, third-party claims, or replacement sourcing costs.

To the fullest extent permitted by applicable law, our total aggregate liability arising out of or relating to any order, project, product, service, delay, or claim shall not exceed the amount actually paid by you to us for the specific affected portion of the order giving rise to the claim.

You acknowledge that this limitation of liability is fair and reasonable in light of the custom nature of the work, allocation of risk between parties, and pricing of goods and services.

23. Exclusive Remedy

Except where applicable law requires otherwise, remedies expressly stated in these Terms of Sale and Service are your sole and exclusive remedies.

You waive any claim to any other form of remedy, compensation, recovery, set-off, deduction, or damages except as expressly provided in these Terms of Sale and Service or as required by applicable law.

24. Indemnity

You agree to indemnify, defend, and hold harmless us and our owners, directors, officers, employees, contractors, agents, and representatives from and against any and all claims, demands, liabilities, damages, losses, penalties, costs, and expenses, including legal fees on a substantial indemnity basis, arising out of or relating to:

1. client-supplied artwork, content, materials, or instructions
2. inaccurate or incomplete information supplied by you
3. misuse, resale, redistribution, or post-delivery handling of goods
4. your breach of these Terms of Sale and Service
5. your violation of any law or third-party right

25. Force Majeure

We're not liable for any delay, interruption, failure, or inability to perform resulting from events beyond our reasonable control, including supplier disruption, shortages, transportation issues, customs delays, labour disputes, utility failures, system outages, cyber incidents, natural disasters, extreme weather, public health events, governmental actions, or similar events.

In such circumstances, we may suspend performance, extend timelines, substitute reasonably comparable materials or methods, or cancel the affected portion of an order without further liability.

26. Chargebacks and Payment Disputes

You agree not to initiate a chargeback, payment reversal, or similar payment dispute except in good faith where legally justified.

Where a chargeback or payment reversal is initiated in relation to a custom order despite these Terms of Sale and Service, we reserve all rights to dispute the chargeback and rely on approved proofs, invoices, communications, delivery records, and these Terms of Sale and Service in support of our position.

27. Compliance with Mandatory Law

Nothing in these Terms of Sale and Service excludes, limits, waives, or overrides any right or remedy that cannot lawfully be excluded, limited, or waived under applicable law.

If any provision of these Terms of Sale and Service is found invalid, illegal, or unenforceable, that provision shall be severed only to the extent necessary, and the remainder of these Terms of Sale and Service shall remain in full force and effect.

28. Governing Law

These Terms of Sale and Service and all disputes arising out of or relating to any order, project, product, or service we provide shall be governed by the laws of the Province of Ontario and the applicable laws of Canada.

Any dispute shall be brought exclusively before the courts of Ontario, unless applicable law requires otherwise.

29. Entire Agreement

These Terms of Sale and Service, together with any applicable quote, invoice, proposal, proof approval, order confirmation, and other written document we issue, constitute the entire agreement between the parties with respect to the applicable transaction.

No oral statement, prior discussion, informal message, or course of dealing shall amend these Terms of Sale and Service unless expressly confirmed by us in writing.

30. We're Here to Help

If you have any questions about these Terms of Sale and Service, please contact us: