Terms of Service

“T-Shirt Elephant,” “we,” “us,” or “our” refers collectively to H.A.S. Novelties Ltd., H.A.S. Marketing Ltd., and the brand known as T-Shirt Elephant, including all of their respective directors, officers, employees, agents, representatives, contractors, successors, and assigns. References to “T-Shirt Elephant” in these Terms shall be deemed to include all such entities and individuals.

“Customer,” “client,” “user,” or “you” refers to any person or entity that engages our services, whether as a registered or unregistered user, and whether orders are placed through our website, by email, by telephone, or through a customer service agent acting on your behalf.

“Services” means all products and services offered by T-Shirt Elephant, including but not limited to: custom screen printing, direct-to-garment printing, vinyl heat pressing, embroidery, graphic design, garment sourcing, and all related order fulfillment services, delivered through any channel including our website (www.tshirtelephant.com), email, telephone, and in-person transactions.

“Order” means any request for Services, whether submitted online through our website, communicated via email, placed by telephone, or entered by a T-Shirt Elephant customer service agent on the customer’s behalf. All orders, regardless of the channel through which they are placed, are subject to these Terms in their entirety.

These Terms constitute the complete agreement between you and T-Shirt Elephant with respect to the Services and supersede all prior agreements, representations, and understandings, whether written, oral, or implied.

BY USING THE SERVICES, PLACING AN ORDER, SUBMITTING A REQUEST FOR QUOTE, PROVIDING ARTWORK OR INSTRUCTIONS, OR OTHERWISE ENGAGING T-SHIRT ELEPHANT THROUGH ANY CHANNEL (INCLUDING BUT NOT LIMITED TO OUR WEBSITE, EMAIL, TELEPHONE, OR IN-PERSON), YOU ARE AGREEING, ON BEHALF OF YOURSELF AND THOSE YOU REPRESENT, TO COMPLY WITH AND BE LEGALLY BOUND BY THESE TERMS AS WELL AS OUR PRIVACY POLICY AND ALL APPLICABLE LAWS. IF YOU, FOR YOURSELF OR ON BEHALF OF THOSE YOU REPRESENT, DO NOT AGREE TO ANY PROVISION OF THESE TERMS, YOU MUST DISCONTINUE THE USE OF THE SERVICES IMMEDIATELY.

Where an order is placed by a customer service agent on your behalf, your provision of order details, payment information, or approval of a quote constitutes your acceptance of these Terms.

THESE TERMS APPLY TO ALL ORDERS, TRANSACTIONS, AND ENGAGEMENTS WITH T-SHIRT ELEPHANT, INCLUDING BUT NOT LIMITED TO ANY ONGOING OBLIGATIONS, DISPUTES, CLAIMS, OR MATTERS ARISING FROM OR RELATED TO ORDERS PLACED PRIOR TO THE EFFECTIVE DATE OF THESE TERMS. BY CONTINUING TO USE OUR SERVICES, PLACING A NEW ORDER, OR ENGAGING T-SHIRT ELEPHANT IN ANY CAPACITY AFTER THE EFFECTIVE DATE, YOU AGREE THAT THESE TERMS SHALL GOVERN ALL PAST, PRESENT, AND FUTURE DEALINGS BETWEEN YOU AND T-SHIRT ELEPHANT, INCLUDING ANY UNRESOLVED MATTERS, OUTSTANDING OBLIGATIONS, UNCLAIMED INVENTORY, OR PENDING DISPUTES RELATING TO PRIOR ORDERS.

T-Shirt Elephant reserves the right, at its sole discretion, to modify or replace the Terms at any time. If the alterations constitute a material change to the Terms, T-Shirt Elephant will notify you by posting an announcement on the site. What constitutes a material change will be determined at T-Shirt Elephant’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Continued use of any Service after such modifications constitutes your acceptance of the Terms as modified.

In addition, when using particular features of the Services, you shall be subject to any posted guidelines or rules applicable to such Services.

Your access to and use of the Site and our Services may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of T-Shirt Elephant. T-Shirt Elephant reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any content at any time at its sole discretion and without prior notice. T-Shirt Elephant may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. The Site should not be used or relied upon for storage of your visual content and you are directed to retain your own copies of all content posted on the Site.

As a condition to using certain Services, you may open an account with T-Shirt Elephant and select a password and username, and provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your access to the Services.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your T-Shirt Elephant account.

Services are available to authorized representatives of legal entities and to individuals who are either at least 14 years old, and who are authorized to access the Site by a parent or legal guardian. If you have authorized a minor to use the Site, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Site by the minor.

All Content posted or otherwise submitted to the Site is the sole responsibility of the account holder from which such Content originates and you acknowledge and agree that you, and not T-Shirt Elephant, are entirely responsible for all Content that you post, or otherwise submit to the Site. T-Shirt Elephant does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site you may be exposed to Content that is offensive, indecent or objectionable.

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by T-Shirt Elephant. By way of example, and not as a limitation, you agree not to use the Services:

1. To abuse, harass, threaten, impersonate or intimidate any person;
2. To post or transmit, or cause to be posted or transmitted, any content or communications that are libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
3. For any purpose (including posting or viewing content) that is not permitted under the laws of the jurisdiction where you use the Services;
4. To post or transmit, or cause to be posted or transmitted, any communication designed or intended to obtain password, account, or private information from any T-Shirt Elephant user;
5. To create or transmit unwanted ‘spam’ to any person or any URL;
6. To create multiple accounts for the purpose of voting for or against users’ content;
7. To post copyrighted content that does not belong to you or, with exception of commenting on content in Blogs, where you may post such Content with explicit mention of the author’s name and a link to the source of the Content;
8. With the exception of accessing RSS feeds, you agree not to use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
9. To artificially inflate or alter vote counts, blog counts, comments, or any other Service or for the purpose of giving or receiving money or other compensation in exchange for votes, or for participating in any other organized effort that in any way artificially alters the results of Services;
10. To advertise to, or solicit, any user to buy or sell any third party products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
11. To promote or sell content of another person; or
12. To sell or otherwise transfer your profile.

To report a suspected abuse of the Site or a breach of the Terms (other than relating to copyright infringement which is addressed under “COPYRIGHT COMPLAINTS” below) please send written notice to T-Shirt Elephant at email: [email protected]

You are solely responsible for your interactions with other users of the Site. T-Shirt Elephant reserves the right, but has no obligation, to monitor disputes between you and other users.

Please read this section carefully before posting, uploading, or otherwise submitting any visual content to the Site or providing artwork through any other channel (email, in-person, etc.). By submitting content to T-Shirt Elephant you are granting T-Shirt Elephant a worldwide, non-exclusive license to use the visual content and are representing and warranting to T-Shirt Elephant that the visual content is either owned by you or you are authorized to represent or distribute the visual content, and that T-Shirt Elephant is free to publish, distribute and use the visual content as provided in these Terms without obtaining permission, consent or any license from any third party.

In consideration of T-Shirt Elephant’s agreement to allow you to use the Services, you agree with T-Shirt Elephant as follows:

1. You acknowledge that:
• Any visual content uploaded to your account or provided to T-Shirt Elephant must be created by you or you must have lawful authorization to use it;
• By uploading your photographic or graphic works to T-Shirt Elephant you retain full rights to those works that you had prior to uploading;
• By posting visual content to the Site or providing it to T-Shirt Elephant you grant to T-Shirt Elephant a non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such visual content in connection with the Services. This license will exist for the period during which the visual content is posted on the Site or held by T-Shirt Elephant and will automatically terminate upon its removal;
• The license granted to T-Shirt Elephant includes the right to use visual content fully or partially for promotional reasons and to distribute and redistribute visual content to other parties, websites, authorized agents, applications, and other entities, provided such visual content is attributed in accordance with the credits (i.e. username or collection name, profile picture, photo title, descriptions, tags, and other accompanying information) if any and as appropriate, as submitted to T-Shirt Elephant (notwithstanding the foregoing, no inadvertent failure to provide attribution shall be considered a breach of these Terms);
• T-Shirt Elephant has the right to modify, alter and amend photo titles, descriptions, tags, and other accompanying information for any visual content and the right to submit visual content to other parties and authorized agents for the purpose of creating tags for visual content;
• T-Shirt Elephant uses industry recognized software and measures to restrict the ability of users and visitors to the Site to make high resolution copies of visual content posted on the Site. Notwithstanding this, T-Shirt Elephant makes no representation and warranty that visual content posted on the Site will not be unlawfully copied without your consent. T-Shirt Elephant does not restrict the ability of users and visitors to the Site to make low resolution or ‘thumbnail’ copies of visual content posted on the Site and you hereby expressly authorize T-Shirt Elephant to permit users and visitors to the Site to make such low resolution copies of the visual content; and
• Subject to the terms of the foregoing license, ownership or other rights in the visual content including any intellectual property rights or other proprietary rights associated with the visual content are retained by you or the visual content owner represented by you.
2. You represent and warrant that:
• You are the owner or the authorized representative of the owner of all rights, including all copyrights in and to all visual content you submit to T-Shirt Elephant;
• You have the full and complete authority and right to enter into this agreement and to grant to T-Shirt Elephant the rights in the visual content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by T-Shirt Elephant of the visual content as contemplated herein;
• The visual content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order; and
• You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against T-Shirt Elephant, all of which such rights are hereby expressly and irrevocably waived by you in favour of T-Shirt Elephant.

Intellectual Property Indemnification: You agree to indemnify, defend, and hold harmless T-Shirt Elephant, H.A.S. Novelties Ltd., H.A.S. Marketing Ltd., and their respective directors, officers, employees, and agents from and against any and all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs, and expenses (including reasonable legal fees) arising out of or related to any claim that artwork, designs, logos, text, or other content you have provided to T-Shirt Elephant infringes or misappropriates any third party’s intellectual property rights, trademarks, copyrights, or other proprietary rights. T-Shirt Elephant is not obligated to verify the intellectual property rights of customer-supplied content and accepts no liability for printing, producing, or delivering goods bearing customer-supplied designs.

T-Shirt Elephant respects the intellectual property rights of others. It is our policy to respond promptly to any claim that Content uploaded to the Site or provided through any order channel infringes the copyright or other intellectual property (“Infringement”) of any person. T-Shirt Elephant will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Site.

To notify T-Shirt Elephant of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” care of [email protected] and include in your notice a detailed description of the alleged Infringement sufficient to enable T-Shirt Elephant to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.

If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected Content. If you feel that your Content is not infringing, you may provide T-Shirt Elephant with a counter notice in writing to the attention of “Copyright Infringement Counter Notification” at [email protected]. You must include in your counter notice sufficient information to enable T-Shirt Elephant to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) if you materially misrepresent that your Content is not infringing the copyrights of others.

If you are uncertain whether an activity constitutes Infringement, we recommend seeking advice of an attorney.

T-Shirt Elephant reserves the right to remove any visual content or communications that allegedly infringes another person’s copyright. T-Shirt Elephant will terminate, in appropriate circumstances, users who are repeat infringers of another person’s copyright. Notices to T-Shirt Elephant regarding any alleged copyright infringement should be directed to T-Shirt Elephant via email at: [email protected].

If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:

• Your name, address, telephone number, and email address (if any);
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing may be found, sufficient for T-Shirt Elephant to locate the material (e.g., the URL);
• A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law and is not a fair use;
• A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
• Your electronic or physical signature.

The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because T-Shirt Elephant has no control over such sites and resources, you acknowledge and agree that T-Shirt Elephant is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that T-Shirt Elephant shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

You hereby expressly and irrevocably release and forever discharge T-Shirt Elephant, H.A.S. Novelties Ltd., H.A.S. Marketing Ltd., and their affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.

You hereby agree to indemnify and hold harmless T-Shirt Elephant, H.A.S. Novelties Ltd., H.A.S. Marketing Ltd., and their affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Site or provided to T-Shirt Elephant through any channel, (iii) the use of the Services, by you or any person using your account, (iv) the sale or use of your designs or artwork, (v) any violation of any rights of a third party, or (vi) any representation made by you regarding intellectual property ownership or authorization.

T-Shirt Elephant, tshirtelephant.com and other T-Shirt Elephant graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of T-Shirt Elephant and/or H.A.S. Novelties Ltd. and/or H.A.S. Marketing Ltd. These trademarks and trade dress may not be used in connection with any product or service without the prior written consent of T-Shirt Elephant. The images and icons available in the T-Shirt Elephant icon pack may be used by partners and third party sites in connection with providing appropriate links to the T-Shirt Elephant Site.

T-Shirt Elephant may terminate or suspend any and all Services and/or your T-Shirt Elephant account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your T-Shirt Elephant account, you may simply discontinue using the Services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

It is your responsibility to remove all visual content from your account prior to termination. Upon termination of your account T-Shirt Elephant will automatically remove all visual content posted to your account.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING THE ONTARIO CONSUMER PROTECTION ACT, 2002 AND THE ONTARIO SALE OF GOODS ACT, YOU USE THE SITE AND THE SERVICES AT YOUR OWN RISK. THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. T-SHIRT ELEPHANT, H.A.S. NOVELTIES LTD., AND H.A.S. MARKETING LTD. EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. T-SHIRT ELEPHANT DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND THE SERVICES, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS, (D) THE UNAVAILABILITY OF ALL OR ANY PART OF THE SITE OR THE SERVICES, (E) YOUR USE OF THE SITE OR THE SERVICES, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE OR THE SERVICES.

Nothing in these Terms is intended to exclude or limit any statutory warranty, condition, or right that cannot be lawfully excluded or limited under applicable Canadian federal or provincial law.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER T-SHIRT ELEPHANT, H.A.S. NOVELTIES LTD., H.A.S. MARKETING LTD., NOR ANY OF THEIR RESPECTIVE AFFILIATES, PARENTS, SUBSIDIARIES, DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, LOSS OF DATA, BUSINESS INTERRUPTION, ATTORNEYS’ FEES, OR DAMAGES ARISING FROM PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES) HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, SERVICES, OR ANY PRODUCTS OR GOODS PRODUCED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF T-SHIRT ELEPHANT, H.A.S. NOVELTIES LTD., AND H.A.S. MARKETING LTD. AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SERVICES, OR ANY ORDER (REGARDLESS OF WHETHER SUCH LIABILITY ARISES IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BY STATUTE, OR OTHERWISE), SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO T-SHIRT ELEPHANT FOR THE SPECIFIC ORDER GIVING RISE TO SUCH CLAIM. THIS LIMITATION APPLIES TO ALL CLAIMS IN THE AGGREGATE, NOT PER INCIDENT.

THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF WHETHER THE ORDER WAS PLACED THROUGH THE WEBSITE, VIA EMAIL, BY TELEPHONE, OR BY A CUSTOMER SERVICE AGENT ON YOUR BEHALF.

YOU AND T-SHIRT ELEPHANT AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER PARTY WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF T-SHIRT ELEPHANT AND ALL PARTIES TO ANY SUCH PROCEEDING. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION SHALL BE INTERPRETED TO LIMIT ANY RIGHTS THAT CANNOT BE LAWFULLY WAIVED UNDER THE ONTARIO CONSUMER PROTECTION ACT, 2002.

The limitations and exclusions in this section apply to the maximum extent permitted by applicable law. Nothing in these Terms is intended to limit liability that cannot be lawfully limited, including liability for fraud, fraudulent misrepresentation, or death or personal injury caused by negligence.

These terms apply equally to all orders, whether placed through our website, submitted via email, placed by telephone, or entered by a T-Shirt Elephant customer service agent on your behalf.

Any quotes not accepted after 30 days are subject to review. T-Shirt Elephant has the right to change its prices at any time without notice. Quotes are estimates only and the final invoice amount may vary based on actual quantities produced, artwork complexity, and other factors communicated at the time of order confirmation.

Some customers may request a proof and proofs will be provided on an “as decided by employees of T-Shirt Elephant” basis. If proofs are not verified in 36 hours, the order will be deemed correct and will be processed as is. This includes online confirmation of the order after placing an order. If there is no contact for 36 hours after an order is placed it is assumed that the customer has seen the order confirmation and agrees to the order as shown. When the order is shipped under these conditions the order is considered acceptable and fulfilled.

Claims regarding an order must be made within 5 business days of order receipt. No exchanges, refunds, replacements, or other compensation will be offered after 5 business days of order receipt. Due to the variation of laundering conditions and detergents, T-Shirt Elephant does not guarantee any garment or product against fading, shrinking, or warping of any kind.

Delays in proofing, courier delivery and other uncontrollable events can occur. No order is considered placed until we have received all related order information and confirmation of payment, along with artwork. Once an order is placed, it cannot be modified. All orders are deemed fulfilled within 3% of order quantity, and billed accordingly.

T-Shirt Elephant reserves the right to refuse or cancel orders at our sole discretion. If the customer decides to cancel an order, T-Shirt Elephant is entitled to full reimbursement for any work already completed, materials already purchased, as well as penalties and restocking fees. This will be taken from any payment made in advance of completion of the order. Also, underruns are not to exceed 3% of quantities ordered (or another percentage as agreed upon). Any orders that fall within the agreed upon underrun margin are considered acceptable and fulfilled.

All orders are considered bulk packaged unless otherwise noted. T-Shirt Elephant reserves the right to charge an agreed upon rate for individual folding, tagging, bagging, sorting, etc. if requested by the customer.

Unclaimed Inventory: Garments or materials held at T-Shirt Elephant’s facility awaiting client instruction, colour confirmation, or other required information for a period exceeding 90 days will be considered abandoned. T-Shirt Elephant reserves the right to donate, dispose of, or otherwise repurpose such unclaimed inventory without further notice or liability to the customer. Any prepaid amounts relating to unproduced portions of an order held beyond 90 days will be credited to the customer’s account as store credit only. No cash refunds, cheque payments, or credit card refunds will be issued for abandoned inventory.

Unclaimed Samples: Sample garments or items provided by the customer for reference purposes remain the property of the customer but must be claimed within 90 days of order completion or cancellation. Unclaimed samples will be disposed of after that period without liability to T-Shirt Elephant.

Because of the nature of the equipment used, garments, inks, and other reasonable conditions defined by T-Shirt Elephant as having an effect on colour variation, a reasonable variation in colour between proofs (& order confirmations) and a completed job are considered acceptable and fulfilled. T-Shirt Elephant does not guarantee exact Pantone, CMYK, or RGB colour matching across different print methods, garment colours, or fabric types. Colour proofs displayed on digital screens are approximations only and are not binding representations of the final printed colour.

Production times are estimates only and are not guaranteed. T-Shirt Elephant, H.A.S. Novelties Ltd., and H.A.S. Marketing Ltd. are not responsible for any losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of early or late shipments.

Production schedules will be agreed upon and adhered to by customers and T-Shirt Elephant, provided that neither shall incur any liability or penalty 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 the control of either party.

Before an order can begin production it must be paid in full unless agreed upon in advance. Orders not paid in full will not be considered “in production”. Production time is considered to begin after an order is paid, and when ALL materials (if they are being supplied by the client/customer) are on premises and accounted for by T-Shirt Elephant.

We will do what we can to ensure your art is print ready, which means at times we will have to clean up or fix artwork. Providing artwork that is not print ready (low quality, needing adjustments, etc.) may cause delays in production and the Estimated Delivery date for the order will begin after T-Shirt Elephant has fixed the artwork and made it print ready.

Third-Party Sourcing: T-Shirt Elephant is not responsible for losses, costs, or damages incurred by the customer as a result of sourcing replacement goods from third-party vendors, whether due to production delays, order cancellations, or otherwise. Any decision by the customer to source goods from third parties is made at the customer’s own risk and expense, and T-Shirt Elephant shall bear no liability whatsoever for the quality, timing, cost, or suitability of such third-party goods.

Title for finished work shall pass to the customer upon delivery to the carrier at the shipping point or upon mailing of invoices for finished work, whichever occurs first. Once goods are delivered to the carrier, all risk of loss, damage, or delay in transit transfers to the customer. Although couriers and postal services are reliable, they do make mistakes; therefore, T-Shirt Elephant cannot be held responsible for late arriving shipments, lost packages, or damaged goods in transit. T-Shirt Elephant can only guarantee that the order has left our premises on the agreed date.

Delivery dates and times are estimates only and are not guaranteed. T-Shirt Elephant shall not be liable for any losses, damages, penalties, or expenses arising from late delivery, including but not limited to event deadlines, marketing campaigns, product launches, or other time-sensitive customer requirements.

Availability of merchandise is subject to change or discontinuance without notice. All information provided by suppliers to T-Shirt Elephant is deemed reliable, but without any guarantee from T-Shirt Elephant. T-Shirt Elephant has no responsibility for a supplier’s inability to supply merchandise. In the event of supply shortages or discontinuation, T-Shirt Elephant may substitute garments of equal or greater quality at its sole discretion, with notice to the customer where reasonably practicable.

While we attempt to show colours of garments on our website accurately, you recognize that the actual colour of any merchandise may differ from that shown on our website due to the nature of a garment’s manufacturing process. This may include, but is not limited to: variations in colour (due to dye lots), sizing, fabric weight, and construction.

Where production of an order is delayed due to the customer’s failure to provide required approvals, artwork, colour selections, sizing information, payment, or other necessary instructions, T-Shirt Elephant’s production timeline obligations shall not commence until all required information and payment is received. T-Shirt Elephant accepts no liability for delays, missed deadlines, or consequential losses arising from customer-caused delays.

Orders inactive for more than 90 days due to customer non-response may be cancelled at T-Shirt Elephant’s sole discretion, with any refund limited to the cost of unproduced goods only, issued as store credit. Materials already purchased or work already completed for such orders will not be refunded.

T-Shirt Elephant may charge reasonable storage fees for materials held at its facility beyond 30 days while awaiting customer instructions, at a rate to be communicated to the customer in advance.

Neither T-Shirt Elephant nor the customer shall be liable for any failure or delay in performing their obligations under these Terms where such failure or delay results from circumstances beyond the reasonable control of the affected party, including but not limited to: acts of God, natural disasters, pandemics, epidemics, or public health emergencies; fire, flood, earthquake, storm, or other natural phenomena; war, armed conflict, terrorism, riot, civil disorder, or insurrection; government orders, sanctions, embargoes, or regulatory changes; strikes, lockouts, or other labour disputes; supply chain disruptions, raw material shortages, or supplier insolvency; shipping or transportation disruptions; power outages, internet or telecommunications failures; equipment breakdowns beyond the party’s reasonable control; or any other event of similar nature that could not have been reasonably foreseen or prevented.

The affected party must promptly notify the other party in writing of the force majeure event and its expected duration, and must take all reasonable steps to mitigate the impact of the event. If a force majeure event continues for more than 90 consecutive days, either party may terminate the affected order(s) upon written notice, with liability limited to payment for work already completed and materials already purchased.

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. The United Nations Convention on the International Sale of Goods shall not apply and is expressly excluded.

The parties irrevocably attorn to the exclusive jurisdiction of the courts of competent jurisdiction in the Province of Ontario for any disputes arising out of or in connection with these Terms or the Services.

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. The invalidity or unenforceability of any provision in one jurisdiction shall not affect the validity or enforceability of that provision in any other jurisdiction.

By providing your email address or telephone number to T-Shirt Elephant (whether through our website, in person, by phone, or by email), you consent to receive transactional electronic communications from us related to your orders, including order confirmations, shipping notifications, proof approvals, invoices, and customer service correspondence. These transactional communications are necessary for the performance of our services and are exempt from consent requirements under Canada’s Anti-Spam Legislation (S.C. 2010, c. 23).

You may also separately consent to receive promotional and marketing communications from T-Shirt Elephant. You may withdraw your consent to marketing communications at any time by using the unsubscribe mechanism provided in each communication or by contacting us at [email protected]. We will process unsubscribe requests within 10 business days.

You agree that electronic communications from T-Shirt Elephant (including emails, order confirmations, and electronic invoices) satisfy any legal requirement that such communications be in writing.

T-Shirt Elephant collects, uses, and discloses personal information in accordance with the Personal Information Protection and Electronic Documents Act (S.C. 2000, c. 5) (“PIPEDA”) and applicable provincial privacy legislation. Our collection and use of your personal information is further described in our Privacy Policy.

When you place an order through any channel (website, email, telephone, or in-person), we collect personal information necessary to process your order, including your name, address, email address, telephone number, and payment information. Where orders are placed by telephone or by a customer service agent on your behalf, the agent collects this information on behalf of T-Shirt Elephant and the same privacy protections apply.

We will not sell, rent, or disclose your personal information to third parties except as necessary to fulfill your order (e.g., sharing shipping information with courier services), as required by law, or with your express consent. Your personal information may be processed by third-party service providers located outside of Canada; by providing your information to us, you consent to such transfer.

You have the right to access, correct, and request deletion of your personal information held by T-Shirt Elephant. To exercise these rights or to make a privacy inquiry, please contact us at [email protected].

ENTIRE AGREEMENT

These Terms, together with the Privacy Policy and any order-specific terms communicated in writing, constitute the entire agreement between you and T-Shirt Elephant with respect to the Services and supersede all prior and contemporaneous written, oral, and implied agreements, representations, and understandings. In the event of any conflict between these Terms and any order-specific terms, the order-specific terms shall prevail to the extent of the inconsistency.

INDEMNIFICATION OF T-SHIRT ELEPHANT

You agree to defend, indemnify and hold T-Shirt Elephant, H.A.S. Novelties Ltd., H.A.S. Marketing Ltd., and their respective affiliates, partners, sponsors, and respective directors, officers and employees of each, harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable legal fees and court costs) arising out of or relating to your breach of any of these Terms, use by you or any other third party of the Services, or any content or artwork you have provided to T-Shirt Elephant. T-Shirt Elephant reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.

SEVERABILITY

If one or more of the provisions herein shall be held invalid, illegal or unenforceable in any respect, the validity, legality and enforcement of the remaining provisions shall not be affected or impaired. Any provision found to be unenforceable shall be modified to the minimum extent necessary to make it enforceable while preserving its original intent, or if modification is not possible, shall be severed from these Terms.

INTERPRETATION

Any rule of construction stating that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of these Terms. Any inconsistency between these Terms in English and these Terms in any other language shall, to the fullest extent permitted by applicable law, be resolved by reference to the English version.

WAIVER

The failure to enforce or the waiver by either party of a default or breach of the other party shall not be considered to be a waiver of any prior, subsequent or other default or breach. No waiver of any provision of these Terms shall be effective unless made in writing and signed by the waiving party.

ASSIGNMENT

T-Shirt Elephant may assign or transfer these Terms, or any rights or obligations hereunder, to any affiliate, successor, or acquirer without restriction and without notice to you. You may not assign or transfer these Terms or any rights or obligations hereunder without the prior written consent of T-Shirt Elephant.

SURVIVAL

All provisions of these Terms that by their nature should survive termination or expiration shall survive, including but not limited to: Sections 6 (Content Submitted), 9 (Release and Indemnity), 12 (Warranty Disclaimer), 13 (Limitation of Liability), 21 (Governing Law), and 24 (Miscellaneous).

STATUTORY RIGHTS

Nothing in these Terms is intended to, nor shall it be interpreted to, exclude, restrict, or modify any rights or remedies available to you under the Ontario Consumer Protection Act, 2002, the Ontario Sale of Goods Act, PIPEDA, or any other applicable Canadian federal or provincial legislation that cannot be lawfully excluded, restricted, or modified by agreement.