Terms of business

 Introduction

This website is operated by BlackFish Clothing. Throughout the site, the terms “we”, “us” and “our” refer to BlackFish Clothing.

BlackFishClothing offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

1. Pricing
Our pricing is valid for 30 days from quotation.

 

2. Order cancellation

In the case of a cancellation, if we have already commenced working on the order, we shall be entitled to full reimbursement for any costs already incurred, including penalties or restocking charges from our suppliers.   Once printing starts, an order may not be cancelled as the customised garments are worthless to others.
 

3. Design work 

Initial designs and proofs are complimentary.   Design work is only chargeable when clearly explained in advance.  Such work performed at the customer’s request, such as sketches, drawings, composition, screens, presswork, and materials, will then be charged at current rates.  

Sketches, copy, dummies and all preparatory work created or furnished by us, whether free or chargeable, shall remain our copyright and no use of same shall be made, nor any ideas obtained there from be used, except upon compensation to be determined by us.

 

4. Customer supplied artwork

We base our estimates on you supplying same size or larger black and white artwork that is “camera ready” and requiring no digital touch-up.

Additional time needed to make artwork ready shall be billed at current rates. All graphics taken from a website or other low resolution source will have to be touched up for an additional fee. 

 

5. Design proofs

Where we provide proofs, any corrections should be marked and the master returned signed as OK or saigned as OK with corrections.   If revised proofs are desired, request must be made when proofs are returned.

We cannot be held responsible for errors if the work is printed per customer’s O.K. or if changes are communicated verbally.

We shall not be responsible for errors if the customer has not ordered or has refused to accept proofs or has failed to return proofs with indication of changes or has instructed printer to proceed without submission of proofs. If proofs are not verified within 36 hours, the order will be deemed correct, and will be processed as is.
 

6. Proofs during manufacture

Unless specifically provided in our quotation, production proofs will be charged for at current rates if the production process has to be stopped and restarted.  Any changes, corrections, or lost press time due to customer’s change of mind or delay will be charged for at current rates.
 

7. Variability in color, size and position of customisation

Many processes are hand-made and a degree of variability is part of their charm. 

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

Because of differences in equipment, garments, inks and other conditions between proofing and production operations, and manufacturing tolerances, a reasonable variation in colors, sizes and the position of customisation shall constitute acceptable delivery.  
 

8. Quantity over & unders

We will endeavour to supply the exact number of garments ordered.   

It is possible that some garments might be damaged in production, and it would be expensive to re-order a few extra garments for a second run.  So, unless otherwise specified, you will accept and over or under-run quantity of plus or minus 5 percent of garments.   We will bill for actual quantity delivered within this tolerance. 
 

9. Customisation of your garments

Where we do work on garments that we don't supply, we do so at your risk.  We do not know how they will perform within our customisation processes.  So it is possible that, despite our best care, one or more garments might get damaged and be rejected.  Our liability to you will be limited to refunding any charges made for our work - and, to avoid any doubt, not refunding the cost of your garments unless any reject ratio  has been agreed in writing in advance.

We will maintain fire, extended coverage, vandalism, malicious mischief and sprinkler leakage insurance on all property belonging to you, while such property is in our possession- our liability for such property shall not exceed the amount recoverable from such insurance.
 

10. Delivery

Unless otherwise specified, the price quoted for delivery is for a single shipment immediately after production. Proposals are based on continuous and uninterrupted delivery of complete order, unless specifications distinctly state otherwise.

Charges related to delivery from customer to printer, or from customer’s supplier to printer, are not included in any quotations unless specified. Special priority pickup or delivery service will be provided at current rates upon customer’s request.

Materials delivered from customer or his suppliers are verified with delivery ticket as to cartons, packages or items shown only. The accuracy of quantities indicated on such tickets cannot be verified and printer cannot accept liability for shortage based on supplier’s tickets.

Title for finished work shall pass to the customer upon delivery to carrier at shipping point or upon mailing of invoices for finished work, whichever occurs first. Although couriers are reliable, they do make mistakes, therefore, we cannot be held responsible for late arriving shipments, we can only guarantee that the order has left our premises on time.
 

11. Production estimate

Production schedules will be established and adhered to by customer and printer, provided that neither shall incur any liability or penalty or delays due to state of war, riot, civil disorder, fire, strikes, accidents, action of Government or civil authority and acts of God or other causes beyond their control.
 

12. Terms

Customised clothing designed for you with your graphics or logo on it has no commercial value to others.   For this reason, full payment is due with your order.
 

13. General warranty

We disclaim any and all express or implied warranties of merchandise or warranty of fitness for a particular purpose. Although we use quality materials, due to the wide variation in laundering conditions and detergents, we does not guarantee against fading or shrinkage of garments during laundering.

Any claims against your order must be made within 5 days of receipt, no exchanges, refunds, or compensation beyond 5 days will be accepted.
 

14. Dyes

Due to the practice of batch processing knitted goods when they are dyed, printer cannot guarantee consistency of colour on garments from dye lot to dye lot or from one order to the next.
 

18. Substitution

We reserve the right to substitute materials or garments of equal or better quality in order to meet deadlines agreed.   
 

15. Rejects

You shall have the first right to purchase reject material at a reduced cost to be determined by us. If you decline to purchase rejects, we have the right to sell them as seconds or irregulars in any manner we see fit.

If you provided the garments to be printed on, you shall be entitled to all rejects. 
 

16. Packaging

Unless otherwise noted, all items shall be “bulk” packaged. Individual folding, tagging, bagging, etc., is available and shall be charged at current rates.
 

17. Indemnification

You shall indemnify and hold us harmless from any and all loss, cost, expense and damages on account of any and all manner of claims, demands, actions and proceedings that may be instituted against us on grounds alleging that our customisation violates any copyright or any proprietary right of any person, or that it contains any matter that is libelous or scandalous, invades any person’s right to privacy or other personal rights except to the extent that we have contributed to the matter.

You agree to, at your own expense, promptly defend and continue the defence of any such claim, demand, action or proceeding that may be brought against us, provided that we promptly notify you with respect thereto, and provided further that we shall give to you such reasonable time as the urgency of the situation may permit in which to undertake and continue the defence thereof.


18. Limitation of liability

In no case shall BlackFishClothing, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

19  Accuracy, completeness and timeliness of information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

20 Entire agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us.

21 Governing law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of British Columbia, Canada.

 

So please note:

We strongly urge customers to leave some room between the time they order, and the time they require the order to be ready. Although our general delivery time is 10 to 15 business days, delays in proofing, courier delivery and other uncontrollable events can occur.

No order is considered placed until we have received all related order information, confirmation of payment and artwork. Once an order is placed, it cannot be modified without cost unless work has not begun or stock has not been arranged.

All orders are deemed complete within 5% of order quantity, and billed accordingly. It is highly recommended that you order extra garments as low quantity reorders may be expensive.

All orders are subject to our standard terms and conditions which are published on our website.

 

 

 

 

Privacy Statement



1 - Your information

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.

When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

Email marketing: With your permission, we may send you emails about our store, new products and other updates.

2 Consent

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at BlackFishClothing, 1212 Alpha Lake Rd Whistler BC Canada V0N 1B1

3 Disclosure

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

4 Shopify

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).


5 Third party services

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.

Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.


6 Security

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.


7 Cookies

Here is a list of cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not.
_session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).
_shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits
_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.
_secure_session_id, unique token, sessional
storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.


8  Age of consent

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

9  Your comments, feedback and other submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.

We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

10 - Changes

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.