Order Terms And Conditions
By uploading or submitting any material (including an image, design, logo or word/phrase) (hereinafter referred to as “Artwork") to complete an order with Shirt Monkey (Eness LTD)(hereinafter referred to as “Shirt Monkey”). You (a Shirt Monkey customer hereinafter referred to as “You”) confirm that You have the right to do so and that the Artwork does not infringe the rights of any other person or entity. If You are a business customer, You shall fully indemnify Us on demand and hold Us harmless against any claim, costs, losses, expenses (including legal fees) and any other claims of any nature that arise out of a claim that the Artwork infringes the rights of any third person. SM reserves the right to hold an order if SM feels that it is necessary for You to provide evidence that You have the right to use the Artwork submitted.
You must not upload or submit any Artwork for customising a Product with Shirt Monkey that in the opinion of Shirt Monkey is:-
Is inaccurate, defamatory, obscene, offensive, indecent, pornographic, abusive, blasphemous, hateful, threatening, inflammatory, in breach of privacy or which may cause annoyance, upset, anxiety, embarrassment or inconvenience to any other person; discriminates based on race, sex, religion, nationality, disability, sexual orientation or age; attempts to deceive any person or be used to impersonate any person, supports, promotes or assists violence or any unlawful act; or infringes anyone's rights (including intellectual property rights), or to misrepresent Your identity or relationship with any person; gives the impression that it originates from Shirt Monkey, if this is not the case; includes any data relating to another person that personally identifies them, such as their address, telephone number, or email address, without their express approval. By uploading or submitting Artwork that includes any such content, You agree that You have obtained the necessary approval; In particular, You must ensure that You either own the copyright in any Artwork that You upload or submit or that You are fully licenced by the copyright owner to use the Artwork on the Product and that You are not infringing any third party's trademark (whether registered or not), or breaching any duty of confidentiality to any third party.
These conditions are known as Our "Personalisation Standards" and Shirt Monkey will have the right to refuse to process Your order or to terminate Our Contract with You (without any liability to the extent that You are a business customer) if we believe that You have not adhered to the Personalisation Standards.
By uploading or submitting Artwork to Shirt Monkey, You grant Shirt Monkey a licence, at no cost, to use, reproduce, adapt, and publicise that Artwork (and allow any third party who assists Us to do so too) for the purpose of performing our obligations and exercising our rights under the Contract and to enable us to advertise our products and services to the public. Please note that this includes the right to modify the Artwork in order that it will conform to the requirements of the Product You have ordered.
You will have no rights in the digitalised Artwork files, which we create when You upload or submit Artwork Shirt Monkey. These files are created purely to enable Shirt Monkey to apply the Artwork to Products (i.e. they contain print or embroidery patterns) and Shirt Monkey will not use the Artwork files except to the extent required to comply with Our obligations to You under the Contract. We will own all rights in such Artwork files and You have no rights or interests in any such files.
Shirt Monkey will endeavour to reproduce the colours of the Artwork with the print colours / embroidery cotton colours on the Products as closely as possible. We will choose the closest colour match possible but Shirt Monkey is unable to guarantee that the colours will be an exact reproduction of the Artwork and You by accepting these conditions accept without reservation the limitations of the printing process and the judgment of Shirt Monkey in this respect. All Personalisation of Products are completed by hand. As such, Shirt Monkey will endeavour to position the Artwork on the Product exactly as You have designed it but we are unable to guarantee that the positioning will be an exact reproduction of Your Product design. You will not be able to reject or return Products on these grounds except to the extent that the Product no longer materially conforms to its description in accordance with your order.
Where You choose to personalise a Product with Artwork, the quality of the Personalisation will be dependent on the quality of the Artwork you submit to Shirt Monkey. Images may be uploaded in ai, eps, ps, pdf, png, psd, svg and tiff format. Any other format such as Word documents cannot be accepted. The maximum upload size is 125mb. We recommend that all Artwork is at least 300 DPI (Dots Per Inch) but Shirt Monkey will endeavour to contact You if we feel that the Artwork quality would not give a good end result. If we do so, You will be given the opportunity to upload/submit a new version of the Artwork or to confirm that You are happy for Us to proceed with the original Artwork supplied. If we cannot contact You, we may proceed with Your order, or wait until we receive a response from You (at Our discretion). Shirt Monkey will not be responsible and/or liable where the Artwork is poor quality, or supplied in an unacceptable format and therefore the end Product (so far as the reproduction of the Artwork is concerned) is not of a high standard, regardless of whether Shirt Monkey has contacted You or not. You will not be able to reject or return Products on the basis of the quality of the Personalisation where the Artwork You uploaded or submitted to Us was not of a satisfactory quality.
You do not have a legal right to cancel Your order where You have ordered personalised Products or where You order Products as a business customer. All orders with Shirt Monkey are deemed to be personalised products as they are made on a bespoke basis and are made to order.
Shirt Monkey warrant that the Products that We supply will materially comply with the main characteristics stated in their Product description on the Website or any other promotional material supplied by Shirt Monkey (including the brand, colour, measurements, style and material of the Products hereinafter referred to as the "Description"). Please note that Colours and appearances of Products and Artwork on computer, tablet or mobile device screens may vary slightly and may not accurately reflect the Products or the Artwork delivered. Any slight variations in the colour of the Products (including slight variations in the colour of Artworks) will not count as a material deviation from the Description. By accepting these terms you accept the Description so please make sure that You are happy with the measurements given on the Website (or other promotional materials supplied by Shirt Monkey) for the Products before You place Your order as sizes differ between brands and a problem with the size of Products will not count as a defect or fault unless the Products differ materially from the sizes given in the Description.
Should you wish to provide your own garments for a "print only" service you accept full liability for these products and accept that these garments will be printed to the best of our ability. However, the printing process may cause a reaction with your garments and could affect both quality of and colour reproduction of the Prints, Shirt Monkey will not be liable for any costs under any circumstances, and You will not be able to reject the garments due to quality of or colour reproduction issues. Shirt Monkey will endeavour to avoid mistakes and misprints, however by providing your own garments you accept that this can happen and You should provide any overage required to meet the order quantity. Shirt Monkey offer no guarantee of the print quality when your order is being printed onto garments that have been provided by you and by accepting these conditions You accept without reservation.