The terms and conditions that govern your use of Smart Merch Design's website and services. Please read them carefully.
By accessing our website, submitting a quote request, placing an order, or using any of our services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.
Smart Merch Design reserves the right to update these Terms at any time. Continued use of our services after changes are posted constitutes acceptance of the revised Terms.
Smart Merch Design provides custom branded merchandise design, printing, and fulfillment services including but not limited to:
We reserve the right to decline any order at our discretion, including orders that violate these Terms or applicable law.
Order confirmation: All orders are confirmed in writing via email. A signed approval of the digital proof constitutes a binding order commitment from the customer.
Payment terms: A 50% deposit is required to initiate production on custom orders. The remaining balance is due upon completion and prior to shipment. For Etsy orders, full payment is collected at checkout per Etsy's policies.
Accepted payment methods: We accept major credit cards, PayPal, and bank transfers. For large orders, payment terms may be negotiated in advance.
Pricing: All quoted prices are valid for 30 days from the date of the quote. Prices may change based on material costs, design complexity, or order quantity adjustments requested after the initial quote.
Before any order goes into production, we will provide a digital proof for your review and written approval. It is your responsibility to:
Once a proof is approved in writing, Smart Merch Design is not responsible for errors contained in the approved proof. Changes requested after production has begun may incur additional charges or may not be possible.
Standard production turnaround is 7–10 business days from the date of proof approval and receipt of deposit. Rush orders (48-hour turnaround) are available at an additional fee and are subject to production capacity.
Turnaround times are estimates and not guaranteed. Smart Merch Design is not liable for delays caused by factors outside our control, including shipping carrier delays, material shortages, or force majeure events.
Your artwork: By submitting artwork, logos, or designs to us, you represent and warrant that you own or have the legal right to use all submitted materials, and that their use does not infringe the intellectual property rights of any third party.
Licensed or trademarked content: We will not print designs that include unlicensed trademarks, copyrighted characters, logos, or imagery belonging to third parties. You are solely responsible for ensuring you have proper licensing for any submitted artwork.
Our designs: Any original artwork created by Smart Merch Design as part of our design service remains the intellectual property of Smart Merch Design until full payment is received, at which point ownership transfers to the customer.
Portfolio use: Unless you request otherwise in writing, Smart Merch Design reserves the right to photograph and use completed orders in our portfolio and marketing materials.
We reserve the right to refuse production of any design that includes:
Orders may be cancelled or modified prior to proof approval without charge. Once a proof is approved and production has begun:
Rush order cancellations are non-refundable once production has commenced.
To the fullest extent permitted by law, Smart Merch Design's total liability to you for any claim arising from our services shall not exceed the total amount paid by you for the specific order giving rise to the claim.
We are not liable for indirect, incidental, consequential, or punitive damages, including lost profits, lost business opportunities, or reputational damage, even if we have been advised of the possibility of such damages.
These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the state or federal courts located in Monmouth County, New Jersey.
If you have questions about these Terms of Service, please reach out: