YETI Custom Shop Terms & Conditions
Welcome to YETI Custom Shop ("YETI Custom Shop") provides yeticustomshop.com and related services (the "Website") to you subject to these Terms and Conditions. If you do not agree with any of the terms outlined in these Terms and Conditions, please do not access or otherwise use this Website or any information contained on this Website. Your use of this Website or purchase of any items offered on this Website (the "Products") shall be deemed to be your (and if acting on behalf of a third party or your employer, such third party’s or employer’s) agreement to abide by each of the terms set forth below (references in this agreement to "you" include you and any such third party or employer). YETI Custom Shop may change these Terms and Conditions at any time by posting an update to the Terms and Conditions on this Website. If any modification is unacceptable to you, you should cease using this Website and ordering Products from the Website. If you do not cease using this Website, you will be conclusively deemed to have accepted the changes.
If you have any questions, comments or concerns regarding the Terms and Conditions or any other part of this Website or regarding any of our featured Products and services or if you have experienced technical problems while using this Website, please send an email to firstname.lastname@example.org or call us at (512) 777-1078.
1. Product Sales
These Terms and Conditions contain all of the terms and conditions pursuant to which YETI Custom Shop will provide the Products and any services. Any terms and conditions which you include in any purchase order, confirmation of order or other document are expressly excluded. Any variation of these Terms and Conditions will only be binding on YETI Custom Shop if agreed in writing by you and an authorized representative of YETI Custom Shop. Our employees are not authorized to make any representations concerning the Products unless confirmed by an officer of YETI Custom Shop in writing.
2. No Resale
Other than as expressly permitted in writing by an authorized representative of YETI Custom Shop, you agree not to resell or exploit for other commercial purposes Products purchased on this Website.
3. Inappropriate Content; Intellectual Property Rights
YETI Custom Shop has the sole discretion to reject any order that it considers libelous, defamatory, obscene, profane, portraying irresponsible use of alcohol or other substances, advocating persecution based on gender, age, race, religion, disability or national origin, containing explicit sexual content or is otherwise inappropriate for YETI Custom Shop production.
YETI Custom Shop respects the intellectual property rights of others and we ask that you do the same. By purchasing any Product on the Website, you represent and warrant that your requested Product design does not violate anyone else’s rights, including copyrights, trademarks, trade secrets, privacy or other rights. YETI Custom Shop may terminate the account of any customer who infringes, or may infringe, the copyright, trademark or other intellectual property rights of others.
By accessing the Website and/or ordering any Product, you are agreeing to not use our services or the Website to create any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any third party.
All Products are offered for sale subject to availability and subject to our acceptance of your order. YETI Custom Shop reserves the right to reject any order for any reason. No order shall be deemed accepted by YETI Custom Shop unless and until it is confirmed in an order confirmation.
Any dates quoted for delivery of Products are estimates only. YETI Custom Shop will not be liable for any loss or expenses sustained by you that arise from any delay in the delivery of the Products.
YETI Custom Shop will arrange for shipment of Products to the customer, Free On Board (F.O.B.) shipping point, meaning title to the Products and risk of loss passes to the customer upon delivery to the carrier.
5. Returns and Refunds, YETI Product Warranty Claims
YETI Custom Shop makes every effort to ensure that all orders are filled accurately and on time and are of the highest quality. We cannot accept returns of customized Products that are not damaged or defective upon receipt. You are responsible for inspecting the Products promptly upon delivery.
YETI Product Warranty
The YETI Rambler Series of stainless steel products carries a 5-Year Limited Warranty against defects in material and workmanship. This warranty applies to only the original owner and is void if the product is used commercially, structurally altered or subjected to stress beyond the physical limits of the materials used in body or components, or is damaged as a result of abnormal use. Normal wear and tear is not warranted. If something appears to be wrong with your customized YETI Rambler (ability to hold temperature, loose parts), please email YETI Custom Shop. YETI Custom Shop will replace the damaged or defective Products once the original Products are returned to YETI Custom Shop and reviewed.
Damage Upon Arrival
If the Products are damaged upon delivery, please send a description along with a photo of the alleged damage to email@example.com within five days of delivery. YETI Custom Shop will assess damage and determine whether or not a replacement is warranted once the original Products are returned to YETI Custom Shop and reviewed. All damaged Products which you return to YETI Custom Shop must be returned in their original packaging (which you should retain for that purpose) and must be in an unused condition.
Quality of Customization Mark
YETI Custom Shop takes great care to ensure the quality of each and every customization mark that we produce. Note that we cannot accept returns on orders where a customer has approved the artwork and the Product was customized according to an approved proof. This includes (but is not limited to) misspelling, sizing issues, incorrect order of initials.
Should your customization mark noticeably wear or fade during the lifetime of your YETI Rambler, YETI Custom Shop will replace your customized Product at no cost to you. The original Product must be returned to YETI Custom Shop before we will process a replacement.
6. Price, Payment
You are responsible for all applicable taxes, including taxes applicable in the territory to which the Products are sent. When purchasing through our online store, you may make a payment using a credit or debit card (Visa, Mastercard, American Express, Discover). When purchasing over the phone or by email, you may also provide payment via check or wire transfer. Note that payment is required in full upfront before an order will move into production. Please ensure that all details provided to YETI Custom Shop for the purpose of placing your order are correct. By placing an order, you are representing that your chosen method of payment is valid and that sufficient funds or credit facilities are available to cover the full cost of the Products ordered. YETI Custom Shop reserves the right to obtain validation of your credit card, debit card or PayPal details before accepting an order.
7. Limitation of Liability
UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL YETI Custom Shop OR ITS MEMBERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SUBSIDIARIES, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING YETI Custom Shop's SERVICES AND PRODUCTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YETI Custom Shop HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE OR (E) ANY OTHER MATTER RELATING TO THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
8. Intellectual Property Rights of YETI Custom Shop
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs and written and other materials that appear on the Website are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by YETI Custom Shop.
Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Website or any information displayed on the Website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with the prior written permission of YETI Custom Shop or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Website.
Designs created using the text tools and images available through the Website are in no way the exclusive property of the customers who assemble such designs. YETI Custom Shop retains the right to display such designs or offer them (or variations of such designs) to other customers. Furthermore, YETI Custom Shop provides no warranty that designs created using our text tools and images will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party.
YETI Custom Shop reserves the right to re-purpose submitted artwork for marketing materials, including but not limited to: social media channels, website materials, advertisements, and print materials.
9. Intellectual Property Protections
If you believe that any Product purchased on the Website or any materials accessible on or from this Website have been copied in a way that constitutes copyright and/or trademark infringement, please notify us at firstname.lastname@example.org, and provide the following information ("Notice")
- - Your physical or electronic signature.
- - Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
- - Identification of the material or Products you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- - Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- - A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
- - A statement that the information in the written notice is accurate.
- - A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Please note that this procedure is exclusively for notifying YETI Custom Shop that your trademark or copyrighted material has been infringed. Upon receipt of your notification, YETI Custom Shop may terminate a relationship with an allegedly offending customer, but does not have the ability to collect or return the allegedly infringing Products.
You agree to defend, indemnify and hold YETI Custom Shop and its officers, managers, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorneys’s fees, expert witness fees, and costs of litigation arising out of or based on (a) content you submit, post to or transmit through the Website, (b) your use of the Website, (c) your connection to the Website, (d) your violation of these Terms and Conditions or (e) your violation of any rights of a third party, including intellectual property rights.
YETI Custom Shop recognizes that you have a right to privacy, and we will not give or sell anyone specific information about you or any orders you have placed through the Website except that: (i) YETI Custom Shop may provide information about you and your order to its subcontractors; and (ii) YETI Custom Shop may share information about you with its marketing partners and affiliates for purposes of marketing YETI Custom Shop. In addition, YETI Custom Shop may share information about you or your order if we believe in good faith that disclosure of specific information is necessary to (a) resolve disputes, investigate problems, or enforce our Terms and Conditions; (b) comply with relevant laws or respond to requests from law enforcement or other government officials relating to investigations or alleged illegal activity (in which case we can, and you authorize us to, disclose personal information without subpoenas or warrants served on us); or (c) protect and defend our rights or property or the rights and property of you or third parties.
YETI Custom Shop employs third party cookies which are used to target customers for advertising purposes. YETI Custom Shop collects information (including email addresses) that allows us, among other things, to: process and fill your order; contact you regarding the processing of your order; share your design with those whom you request; improve our website and service; and send informative and promotional emails on behalf of YETI Custom Shop that may be of interest to you. This information will never be shared or sold to other organizations for commercial purposes.
All matters relating to the Website and these Terms and Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms and Conditions or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in the Austin, Texas although we retain the right to bring any suit, action or proceeding against you for breach of these Terms and Conditions in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
No waiver by YETI Custom Shop of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of YETI Custom Shop to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
The Terms and Conditions constitute the sole and entire agreement between you and YETI Custom Shop, with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.