Last Updated: November 8th, 2019
Please read these Terms of Use carefully before using this Website.
This website, https://www.companygear.carhartt.com (referred to as
the “Website”) is offered
to you by Carhartt, Inc. (which we may refer to as “Carhartt,” “we,” “us,” or “our”).
It is important that visitors to the Website are aware of their respective legal rights and
obligations when using the Website. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE,
BECAUSE
THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS (E.G., REQUIRING ARBITRATION, PROHIBITING CLASS
RELIEF,
AND LIMITING OUR LIABILITY). By accessing or using this Website, you agree to be legally bound
by these
Terms of Use and all terms contained or referenced herein or any additional terms set forth on any
portion of the Website. If you do not agree to all of these terms, you should not access or use this
Website.
Modifications. We reserve the right to update and make
changes to these Terms of Use at any
time by updating this posting or providing notice to you as permitted under applicable law. By using the
Website, you agree to be bound by any such changes. You should periodically visit the Website to review
the current Terms of Use that govern use of the Website.
We further reserve the right to modify, discontinue or make updates, in whole or in part, to
the Website or the Content (as defined below) or features of the Website at any time without notice.
Eligibility. The Website is available to people residing
in the United States who can form
legally binding agreements under applicable law. Access to the Website may be prohibited in certain
countries outside the United States. If you access the Site from outside the United States, you do so at
your own risk and are responsible for complying with the laws and regulations of your territory of
access. This Website is intended solely for purchase of products intended for internal business use.
Purchase of products for resale is strictly prohibited. By using the Website, You agree and represent
that you are buying for your own internal business use only, and not for resale.
Privacy Policy. Personal information collected or used in
connection with this Website will be used in
accordance with the Carhartt’s Privacy Policy and these Terms of Use.
Establishing an Account. To purchase any items offered on
the Website, you must set up an account on the
Website. When you register, you must complete the registration process online by providing Carhartt with
current, complete and accurate information. By way of illustration and not limitation: You may be
required to provide your name, company name, company mailing address, company industry, company size,
company phone number, username, password, e-mail address, and certain additional information (such as,
for example, preferred contact method). Each user setting up an account on the Website is responsible
for updating your account information and keeping account information confidential. You agree that you
are solely responsible for any communications or other uses made using your account information, as well
as for any order, purchase or other obligations, which may result from such use. You agree to notify
Carhartt immediately of any unauthorized use of your account or any other breach of security. If we
believe the details are not correct, current, or complete, we have the right to terminate or suspend
your account on the Website. Only one account may be associated with a single address. If an account
already exists with a company mailing address, you will not be able to open an account with that
address.
Termination or Suspension of a Website Account. You agree
that Carhartt, in its sole
discretion, may terminate, suspend, or disable your use of the Website and Content at any time and for
any or no reason, in its sole discretion, if (i) Carhartt believes you have violated or acted
inconsistently with these Terms of Use, (ii) in order to comply with applicable law, or (iii) in any
other circumstances Carhartt deems appropriate, even if access and use continues to be allowed to
others. Upon such suspension or termination, you must immediately discontinue use of the Website.
Further, you agree that Carhartt shall not be liable to you or any third party for any termination or
suspension of your access to the Website. If Carhartt terminates, suspends, or disables your Website
account, you remain obligated to pay Carhartt for all unpaid purchases made prior to the termination or
suspension of your Website account.
Purchasing Products Using an Account.
If you have
registered for a Website account, you
may order products by logging in to your Website account. When you place a product in the shopping
cart on the Website, you will be prompted to enter your Website account log-in information. From
there, follow the instructions provided on screen to check out or purchase the product. Upon
completion of the online order process, your purchase will be charged to you using the billing
information you provided in connection with your Website account. You will subsequently receive
acknowledgment of the order and/or a receipt by email to the email address associated with your
Website account. To purchase a product on the Website, you must be a customer with an active account
in good standing with a Carhartt. Please note that if you purchase a product from the Website, our
Terms of Purchase apply to your purchase. Click Here to consult the Terms of Purchase.
By placing an order, you understand that (i) Carhartt’s acknowledgement of an order is
not acceptance of an order and Carhartt may reject or cancel an order at any time; (ii) you must
have an existing account with Carhartt and agree that Carhartt may charge the selected method of
payment at the time of your transaction; (iii) you will pay all charges and losses incurred in
connection with your purchase of products, including shipping fees; (iv) you will pay all taxes; and
(v) if Carhartt does not receive payment from your payment card issuer, you will pay all amounts due
upon demand.
Submissions for Customized Orders. We have no
obligation to proof or otherwise to
pre-screen (i.e., confirm the digital files are all present, valid, correctly formatted, of the
desired type, meet content requirements, etc.) or provide quality assurance review of any files or
the content or layout of your order. Prior to placing an order for customized products, you must
review the text and content of your submission thoroughly for accuracy. Orders are printed in their
“as submitted” form and you are solely and fully responsible for any text or content you submit and
final proofing. Carhartt is not responsible for misspelled or mis-designed submissions; however, we
reserve the right to reject orders and submissions that do not meet Carhartt policies or
requirements. Our production of a product depicting the text or content you submit does not indicate
that we approve the text or content. Be advised the Website includes a virtual representation of
your final product, and the preview and digitized artwork may vary from the final product depending
on your tool. Carhartt reserves the right to make digitization suggestions or decisions for design
quality purposes. Digitization results may vary based on product, logo, designs, texture, fabric,
number of colors, and similar reasons.
You are responsible for ensuring that any files submitted by you are in the proper
format and transferred via a permitted transfer method. We reserve the right to limit the number of
revisions you make to an order. If you have time sensitive material (i.e., it has a specific date by
which it must be delivered), please plan accordingly. Product turnaround times and shipping times
are estimates only. We will process customs orders as quickly as possible, but please allow up to 30
business days for processing.
Carhartt Brand Guidelines. Carhartt prohibits placing
logos, emblems, or deigns on
Carhartt products that may negatively impact Carhartt’s brand in Carhartt’s sole discretion,
including, without limitation, logos, emblems, and designs that are obscene, vulgar, advocate or
display violence or illegal activity, and/or relate to sex (excluding gentleman’s clubs) and
pornographic industries. Carhartt is an environmentally conscious and socially and politically aware
brand and reserves the right to prohibit logos, emblems, and designs that, in its sole and absolute
discretion, run counter to, or are inconsistent with, its brand identity. The decoration of any
Carhartt garment with the proprietary mark, name or logo of any company or organization without the
appropriate license and/or authorization of the company or organization is expressly prohibited.
Intellectual Property. By placing a custom order, you
certify you have the lawful right
to use all text and content submitted in your order and to authorize Carhartt to copy, print and use
the text and content to customize the product in the quantities requested in your order. IMPORTANT:
You represent and warrant that your Submission (as defined below) does not infringe or violate any
copyright, trademark, or other intellectual property or proprietary right of a third party or
constitute counterfeiting, piracy, misappropriation of another’s idea or rights of privacy or
publicity. You agree that you will not contribute any Submissions unless you have all of the rights
(including rights from the copyright owner) necessary to grant Carhartt the use license, and to
satisfy all of the warranty requirements, described above. We reserve the right (but have no
obligation) to request confirmation from you in writing of your rights to or permission with respect
to any text or content you submit with your order.
“Carhartt Intellectual Property” means all industrial, commercial and intellectual
property rights owned by Carhartt including but not limited to all trademarks, copyrights, patents,
trade dress rights, rights of publicity and/or other intellectual property rights owned, controlled,
or licensed by Carhartt. Carhartt reserves all of its rights to and in all Carhartt Intellectual
Property, and nothing herein grants any rights in Carhartt Intellectual Property to you. By using
the Website, you agree not to take any action that is inconsistent with or in violation of
Carhartt’s Intellectual Property rights.
No Implied Affiliation, Collaboration, or Association.
Customized goods should not be
construed as creating an affiliation, collaboration, or any other type of association between You
and Carhartt. You agree not to make statements or representations to any third party or take any
other action that would tend to imply any such affiliation, collaboration, or association.
Product and Technical Information. We provide products
for purchase. We do our best to
describe every product or service offered on the Website as accurately as possible. However, we are
human, and therefore we do not warrant that product specifications, pricing, or other content on the
Website are complete, accurate, current, or error-free. The detail and accuracy of the images and
specifications of products that you see on the Website will depend on a number of things, including
your device, computer equipment and Internet connections. We may update the products, images,
available features, services or specifications from time to time. The technical information,
opinions, recommendations and other information made available on the Website, including commentary
regarding particular products, are provided for convenience only and may not be relied upon as
substitutes for thorough consultation with appropriately trained professionals familiar with your
particular needs and circumstances.
Product Availability. We make efforts to keep the Website
and available inventory of
products current and up to date. However, we cannot guarantee that any product listed on the Website
will be in stock or remain available. Further, we may discontinue or otherwise cease offering a
product at any time, in our sole discretion. In the event a product is not available at the time you
place your order, we will send you a notice via email and cancel your order for the unavailable
product. Unless you notify us to cancel your entire order, we will fulfill the balance of your order
pursuant to our ordinary order fulfillment policies.
Design Tools. The design tools provided on the Website
employ a number of elements,
including icons, fonts, color schemes, and design effects. We reserve the right to use all such
elements and to make all such elements available for use by other parties in the future. You do not
obtain any right or claim to any of the individual design elements through your creation of a design
and/or your incorporation of a design into one or more products. Other end users may use the design
tools to create designs that have similar or identical combinations of these elements and we do not
guarantee that your design will not have similarities to other designs created and used by other
parties. We provide no warranty of any kind that designs created using the design tools will not
infringe, or be subject to a claim of infringing, the trademark, copyright or other rights of
another party. It is solely your responsibility to obtain the advice of an attorney regarding
whether a design is legally available for your use and does not infringe the rights of another
party.
Ownership of Content. Content included on the Site,
including information, data,
software, images, photographs, videos, and other material (collectively “Content”) are protected by
copyrights, trademarks, patent or other proprietary rights, and these rights are valid and protected
in all forms, media and technologies existing now or hereinafter developed. All Content is
copyrighted as a collective work under the U.S. and international copyright laws, and Carhartt (and
its licensors) own and retain all rights, title and interests (including all intellectual property
and proprietary rights) therein and thereto, and you acknowledge and agree to Carhartt’s ownership
thereof. The rights in the Content are retained by the respective owner and are protected by
copyright and other applicable law. Except as expressly authorized or licensed, you may not sell,
license, rent, download, modify, distribute, copy, reproduce, transmit, display, publicly perform,
publish, adapt, edit or create derivative works of, or otherwise use for commercial purposes the
Website and/or any Content. The software, applications, algorithms and technology used to provide
the Website and functionality remain the exclusive property of Carhartt or our vendors and
licensors. Attempting to access or use the Website and Content for any purpose not expressly
permitted in the Terms of Use is prohibited.
Submissions. You have the ability to provide, post,
upload or otherwise submit to the
Website text, logos, graphics, icons, photographs or other content and materials (collectively,
"Submissions"). By submitting a Submission, you certify that you are eighteen (18) years and have
the right and authority to submit the Submission and if submitting on behalf of an employer, have
authorization from your employer to submit the Submission. You are solely responsible for your own
Submissions. Without limiting the generality of anything set forth in these Terms of Use, all of the
Codes of Conduct described these Terms of Use below apply to such Submission. We have no obligation
to store, maintain or archive a Submission. A Submission may not be accessible after completion of
your order. You are solely responsible for creating back-up copies of your Submissions. Carhartt
cannot provide copies of your Submission to you.
License to Use Comments, Feedback and Ideas. You
understand that any comments, feedback, or ideas
you send us are provided on a non-confidential basis and you grant Carhartt a perpetual, worldwide
license to use all comments, feedback and ideas you may share with us, without notice, compensation
or acknowledgement to you, for any purposes whatsoever, including, but not limited to, developing,
manufacturing and marketing products and services and creating, modifying or improving products and
services.
Use Restrictions. Carhartt has the right to suspend or terminate your account and refuse any
and all
current or future use of the Website (or any portion thereof) at any time for any reason, and to
take any additional action we deem in our sole discretion to be appropriate in relation thereto.
Without limitation, you agree not to:
- use any incomplete, false or inaccurate information for purposes of registering as a user of the
Website, or for purposes of registering for any Content, services, or promotions offered through the
Website; or create accounts on the Website by any automated means or under false or misleading
pretenses;
- take any action that imposes an unreasonable or disproportionately large load on the Website’s
computing, storage, communications or other infrastructure;
- use any device, software or routine to interfere or attempt to interfere with the proper working
of the Website or any activity being conducted on the Website;
- use or attempt to use any engine, software, tool, agent or other device or mechanism (including
without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search
the Website to harvest or otherwise collect Content or other information from the Website;
- frame or utilize framing techniques to enclose any trademark, logo, or other proprietary Content
(including page layout, or form) contained on the Website;
- use any meta tags or any other “hidden text” utilizing Carhartt’s name or trademarks;
- allow any other person or entity to use your username or password;
- use or attempt to use the Website to send, promote or engage in unauthorized or unsolicited
emailing, including junk or bulk advertising (“spamming”), chain letters or any form of lottery or
gambling;
expose the Website to software viruses or any other computer codes, files, or programs that are
designed or intended to disrupt, damage, limit or interfere with the proper function of any
software, hardware or network system or to damage or obtain unauthorized access to any system, data
or other information of Carhartt or any third party;
- post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous,
inflammatory, pornographic or profane material or any material that could constitute or encourage
conduct that would be considered a criminal offense, give rise to civil liability or otherwise
violate any laws;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising
or
in any way making up a part of the Website; or
- violate any law, contract, or intellectual property right, or commit a tort.
You further agree not to violate or attempt to violate the security of the Website,
including, without limitation by:
- accessing or attempting to access data, systems, or networks not intended for you or logging
into a server, account, service, or Content that you are not authorized to access;
- attempting to probe, scan or test the vulnerability of a system or network or to breach
security or authentication measures without proper authorization;
- attempting to interfere with the Website’s operation or its service to any user, host or
network, including, without limitation, by way of submitting a virus to, or overloading,
“flooding,” “spamming”, “mailbombing” or “crashing” the Website; forging any TCP/IP packet
header or any part of the header information in any e-mail or posting.
In regards to any occurrence or activity which we believe violates these Terms
of Use, we may investigate and fully cooperate with any law enforcement authorities, court
orders, or legal process, including any such authorities, orders, or process which may
request or direct Carhartt to disclose the identity of any person. Violations of these Terms
of Use may result in civil or criminal liability.
Warranties. CARHARTT’S STANDARD PRODUCT WARRANTIES IN
EFFECT ON THE DATE OF THE INVOICE
APPLY FOR THE APPLICABLE PRODUCTS. STANDARD WARRANTY DOES NOT COVER DAMAGE CAUSED BY NORMAL
WEAR AND TEAR, MISUSE, NEGLECT, OR OBVIOUS ABUSE OF THE PRODUCT. CARHARTT ASSUMES NO
LIABILITY FOR GARMENTS THAT HAVE BEEN ALTERED, INCLUDING CARHARTT FACILITATED EMBROIDERY OR SCREEN PRINT.
ALL INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, IMAGES, GRAPHICS, LINKS AND OTHER
MATERIALS) ON THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT
PROVIDED BY LAW, THE WEBSITE, CONTENT AND USER CONTENT ARE PROVIDED BY CARHARTT WITHOUT
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF
TRADE ALL OF WHICH ARE EXPRESSLY DISCLAIMED. CARHARTT AND ANY SUBSIDIARIES OR AFFILIATED
COMPANIES OF CARHARTT (COLLECTIVELY WITH CARHARTT, THE “CARHARTT GROUP”), AND ITS OR THEIR
RESPECTIVE CONTRACTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, PARTNERS, LICENSORS AND SUPPLIERS
DO NOT WARRANT THAT: (A) ANY INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (B)
THE WEBSITE, CONTENT OR USER CONTENT WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR
PLACE; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE WEBSITE, CONTENT OR USER CONTENT
WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) ANY RESULT OR OUTCOME CAN BE
ACHIEVED. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK.
The Carhartt Group and its or their respective contractors, employees,
shareholders, members, partners, licensors and suppliers shall have no liability for
interruptions or omissions in Internet, network or hosting services and do not warrant
that the Website or the services which make this Website available or electronic
communications sent by Carhartt are free from viruses or any other harmful elements. Any
material downloaded or otherwise obtained through the use of this Website is done at
your own discretion and risk. You will be solely responsible for any damage to your
computer system or loss of data that results from the download of any such material.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR
LIMITED UNDER APPLICABLE LAW.
Limitation of Liability. TO THE FULLEST EXTENT PROVIDED
BY LAW, IN
NO EVENT SHALL THE CARHARTT GROUP OR ANY OF ITS OR THEIR RESPECTIVE CONTRACTORS,
EMPLOYEES, SHAREHOLDERS, MEMBERS, PARTNERS, LICENSORS OR SUPPLIERS (“COVERED
PARTIES”) BE LIABLE CONCERNING ANY SUBJECT MATTER RELATED TO THE WEBSITE,
CONTENT OR USER CONTENT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER
IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER
BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR
INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR
SERVICES, OR (C) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES,
PROFITS OR GOODWILL, OR ANY OTHER DAMAGES RESULTING FROM, ARISING OUT OF OR IN
CONNECTION WITH THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THE WEBSITE,
CONTENT OR USER CONTENT, EVEN IF CARHARTT HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE
LIABILITY OF ANY COVERED PARTY FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR
PENALTIES OR LOSS ARISING OUT OF OR RELATING TO USE OF THE WEBSITE, REGARDLESS
OF THE FORM OF ACTION OR CLAIM, WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), DELICT OR OTHERWISE OF ANY TYPE EXCEED ONE HUNDRED DOLLARS (USD
$100). ANY CLAIM FOR DAMAGES IN EXCESS THEREOF IS HEREBY WAIVED BY YOU. THE
FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER
APPLICABLE LAW.
Links to Third Party Sites or Content. Carhartt is in no way
responsible for the content of any site owned by a third party that may be
linked to or from the Website, whether or not such link is provided by the
Website or by a third party in accordance with the Terms of Use. These other
websites are not under Carhartt’s control, and you acknowledge and agree
that Carhartt is not responsible for the accuracy, legality, appropriateness
or any other aspect of the content or function of such websites. The
inclusion of any such link does not imply endorsement of the website by
Carhartt or any association with its operators. Additional or different
terms and conditions may apply when you are accessing and using such other
websites.
U.S. COPYRIGHT INFRINGEMENT CLAIMS
If you know or suspect that any of the materials on this Website have been used
or copied in a way that constitutes copyright infringement, please send notice
to Carhartt’s designated agent identified below. Pursuant to the U.S. Digital
Millennium Copyright Act, 17 U.S.C. Sec. 512(c)(3), your notice must include the
following:
Identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is
to be disabled, and information reasonably sufficient to permit us to locate the
material;
Information reasonably sufficient to permit us to contact you, such as address,
telephone number, and, if available, an electronic mail address at which you may
be contacted;
A statement by you that you have a good faith belief that use of the material in
the manner complained of is not authorized by the copyright owner, its agent, or
the law;
A statement that the information in the notification is accurate and under
penalty of perjury, that you are the copyright owner or authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed;
A physical or electronic signature of the copyright owner or person authorized
to act on behalf of the owner of an exclusive right that is allegedly infringed.
The designated agent for notice of copyright infringement claims may be
reached as follows:
Legal Department
Carhartt, Inc.
5750 Mercury Drive
Dearborn, Michigan 48126
The preceding information is provided exclusively for notifying
Carhartt that your copyrighted material may have been infringed. All other
inquiries, such as product related questions and requests or concerns regarding
improper postings and/content, will not receive a response through this process.
Indemnification. You agree to (a) defend the Carhartt Group and its
or their respective employees, contractors, officers, directors, members,
partners and representatives against any action or suit by a third party that
arises out of the posting, content or transmission of any message, data,
material or any other Submissions you submit on the Website or any violation of
these Terms of Use by you, and (b) indemnify Carhartt for any settlement amounts
or damages, liabilities, costs and expenses (including reasonable attorneys’
fees) awarded and arising out of such a claim. Carhartt, as applicable, reserves
the right to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, in which event you will assist and cooperate
with Carhartt in asserting any available defenses.
Reservation of Rights. We reserve the right to modify or
discontinue, temporarily or permanently, all or any part of the Website and/or
any software, facilities, and services on the Website, with or without notice
and/or to establish general guidelines and limitations on their use. We will
have no responsibility or liability for failure to store or delete any Content
and/or Submissions submitted to the Website.
Integration and Severability. The Terms of Use (including and
together with any terms incorporated herein) are the entire agreement between
you and Carhartt with respect to the subject matter herein, and supersede all
prior or contemporaneous communications and proposals (whether oral, written or
electronic) between you and Carhartt with respect to the subject matter herein.
If any provision of the Terms of Use is found to be unenforceable or invalid,
that provision will be limited or eliminated to the minimum extent necessary so
that the Terms of Use will otherwise remain in full force and effect and
enforceable.
No Waiver. No failure on the part of Carhartt to enforce any part of
these Terms of Use shall constitute a waiver of any of Carhartt’s rights under
these Terms of Use, whether for past or future actions on the part of any
person. Neither the receipt of any funds by Carhartt nor the reliance of any
person on Carhartt’s actions shall be deemed to constitute a waiver of any part
of these Terms of Use. Only a specific, written waiver signed by an authorized
representative of Carhartt shall have any legal effect whatsoever.
Notice for California Users. Under California Civil Code Section
1789.3, California users of the Site are entitled to the following specific
consumer rights notice: The Complaint Assistance Unit of the Division of
Consumer Services of the California Department of Consumer Affairs may be
contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814,
or by telephone at (916) 445-1254 or (800) 952-5210.
Choice of Law. With the exception of the Section regarding Disputes
(provided below) which will be construed in accordance with the FAA, these Terms
of Use shall be governed by, construed and enforced in accordance with the laws
of the State of Michigan.
Disputes; Binding Arbitration; No Class Relief. To the fullest
extent permissible by law, with the exception of disputes pertaining to
Carhartt’s intellectual property rights and certain statutory claims that,
pursuant to applicable law, are not arbitrable, any dispute of any kind between
you and Carhartt arising under these Terms of Use shall be resolved through
binding arbitration pursuant to the JAMS Streamlined Arbitration Rules and
Procedures on an individual basis only and with no entitlement to class relief,
unless otherwise prohibited by law. The arbitrator shall be a retired judge or
justice of any Michigan state or federal court with substantial experience in
the internet industry and shall follow Michigan substantive law in adjudicating
the dispute, except that this Section 21(a) shall be construed as a “written
agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and
we agree that we intend that this Section satisfies the “writing” requirement of
the FAA. The hearing shall be conducted in the county that encompasses the
billing address you have provided to Carhartt. For any claim in which you seek
U.S. $10,000.00 or less, you shall have the choice as to whether the hearing is
conducted in person, by telephone, or instead the arbitrator may decide the
dispute without a hearing. For those claims that the arbitrator determines are
not frivolous, Carhartt shall pay the costs and fees of JAMS and the arbitrator.
Carhartt agrees that it will not seek reimbursement from you for its costs and
fees incurred by it in the arbitration. AGREEMENT TO THESE TERMS CONSTITUTES AN
AGREEMENT TO PURSUE YOUR CLAIM ONLY ON AN INDIVIDUAL BASIS AND A WAIVER OF THE
ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.
Contact Us. If you have any questions regarding these Terms of Use,
please contact us.
Last Updated: October 17th, 2023
These Terms apply to your purchase(s) from the https://www.companygear.carhartt.com
(“Website”) of products and accessories available for purchase. These Terms, the Terms of Use and
Privacy Policy govern all purchases you make on this Website.
No purchase for Resale. The Website is intended solely for Carhartt to sell Carhartt
products directly to customers for their own private business use, and therefore purchase of products
for resale is strictly prohibited. “Purchase for resale” means the purchase of Carhartt products by
someone who resells, or intends to resell, the Carhartt product to others (including consumers,
businesses, or any other third party). If Carhartt believes you are involved in purchase for resale,
Carhartt reserves the right to take any action against you, including, without limitation, to restrict
sales to you, cancel your orders, and/or suspend or close your account.
Price and Payment. Prices advertised on this Website do not include applicable sales taxes
or shipping charges. Your total price (including taxes and shipping charges) will be specified in the
final checkout screen and stated on your purchase receipt provided via e-mail to the e-mail address
provided with order. We recommend that you print or download your purchase receipt for future reference.
Orders are not binding upon Carhartt until accepted by Carhartt. Carhartt reserves the right to cancel
orders as set forth in these Terms and the Terms of Use. Discounts or special offers available with your
Website account may be automatically reflected with the purchase price in the shopping cart, once you
log in using your Website account. Please note that purchases made through the Website do not qualify
for Groundbreakers Loyalty Program points, offers, or other incentives.
We accept the methods of payment listed on the Website. Gift cards cannot be redeemed for
purchases on this Website. We may authorize and charge your payment method at the time of purchase for
the value of your order plus any applicable taxes and shipping charges. You authorize us to charge your
payment method when we bill you for the charges incurred by you. For security, we reserve the right to
cancel any order in which the billing name and address does not match that of the payment method used
for payment.
Electronic Check (eCheck)
You have the option to place an order using echeck via your bank details through the Site. You authorize Carhartt to charge your bank (provided by you) for all purchases made through the site, plus applicable taxes and fees (including deliver fees). You represent that you have the legal right to use this payment method and accepted by Carhartt and you further agree to promptly pay for any order through the Site placed by you or anyone who you allow to use your account credentials . During the payment authorization process, your eCheck is validated and must have enough available funds for the transaction to be approved. If you fail to pay any fees or charges when due (including the fees and charges as stated above, as well as fees and charges for returned checks, electronic payment rejection, redelivery fees, restocking fees, or damages arising from fraudulent use), we may charge such amount directly to the credit or debit card you designate through the Site for payment of your order. You are responsible and liable for any fees, including attorneys’ fees and collection costs, that we may incur in our efforts to collect any unpaid balances from you.
A hold will be placed through your bank when the order is placed. Your bank account will be charged for your order on the day your order is shipped. Please Contact Us for more information about your billing policies and procedures.
Order Quantities. We reserve the right to require minimum bulk quantities for orders. We
further reserve the right to limit quantities included in an order.
Inspection of Products. You must examine the purchased items when you receive them. If any
item is damaged or defective, you must notify Carhartt by contacting Carhartt Customer Service in
accordance with the Returns Policy.
Shipping and Returns.
We ship and deliver products to you in accordance with our Shipping & Returns Policy, which
is incorporated by reference into these Terms of Purchase – click here to read our Shipping & Returns
Policy. Products can be shipped only to a single delivery address in the United States. No split orders
will be provided. Title (i.e., ownership) and risk of loss for all goods ordered pass to you when the
goods are delivered to the carrier for shipment.
In addition to the Shipping & Returns Policy, the following terms apply to any customized
order we receive on the Website:
For Customized and Embroidered/Screen Printed Goods.
NO CANCELLATION BY CUSTOMER. WE BEGIN PROCESSING YOUR ORDER PROMPTLY AFTER YOU PLACE IT.
ONCE AN ORDER IS RECEIVED THROUGH THE WEBSITE, YOU MAY NOT MODIFY OR CANCEL IT.
Reprints, Returns and Refunds. All orders for printed or embroidered goods are considered
customized orders. We have no obligation to accept a return or reprint or refund an order unless there
the product or embroidery service is determined to be defective in accordance with Carhartt policy. In
addition to the other terms provided on the Website, we are not responsible for:
- Spelling, punctuation or grammatical errors made by the end user.
- Inferior quality or low-resolution of uploaded images.
- Design errors introduced by the customer in the document creation process.
- Errors in user-selected options such as choice of finish, quantity or product type.
- Damage to the products arising after delivery to the end user.
- The differentiation of colors and sizes as they appear on the computer screen of the end user during
the
ordering process prior to processing, as compared to the finished products.
- Any color shift in converted images with black, near black, or gray tones. Proofs do not guarantee
black,
near black or gray final output.
- Effect of the application of digitization services upon the appearance of printed colors. We are not
responsible for the final color appearance.
If you believe your order is defective or has not otherwise met your requirements, please
contact Customer Service at (866) 698-1125 or companygear@carhartt.com or according to the information
provided on the Website within 10 business days of receiving your order. If you do not contact us within
this time frame, we have no obligation to accept a return or provide a refund or reprint. Once you have
contacted us, we will determine if a reprint or refund is appropriate, or to advise you that more
information is needed to process your inquiry. We reserve the right to request samples of any allegedly
defective merchandise. If we request additional information to verify an inquiry and it is not provided
within a reasonable time, we will be under no obligation to accept a return or provide a refund or
reprint.
Uploaded Submission Requirements. We recommend that Submissions uploaded to the Website for
the purpose of customization should be .PNG, .JPEG, or .PDF and under 10 MB in size.
Resolution and image quality should be high enough to render on the product clearly. Digitization of
these assets for the purpose of customization may result in a slight variation of color as well as image,
especially where fine lines are present. There will be no graphical edits made during the digitization
process such as the removal of phone numbers or changes to background colors. Submissions may be
uploaded in RGB or some other standard if you choose, however, the color will be converted and we are
not responsible for any inaccuracy or color shift that occurs as a result of the conversion. We reserve
the right to reject Submissions that do not meet these requirements.
NOTE: TIME SENSITIVE MATERIALS - If you have dated or time sensitive material (i.e., it has
a specific date by which it must be delivered or that you must have it in your hands), please plan
accordingly. Product turnaround times and shipping times are estimates only. Leave plenty of time to
receive your order and do not rely on turnaround times or shipping times meeting their minimum targets
(e.g., if the turnaround time is 5 to 7 days, do not assume 5 days). We strongly suggest that you plan
the desired production turnaround and shipping times so the order is received at least 30 days in
advance. If multiple products are involved, use the product with the longest turnaround and delivery
time as the guide for all products in the order.
Warranties. CARHARTT’S STANDARD PRODUCT WARRANTIES IN EFFECT ON THE DATE OF THE INVOICE
APPLY FOR THE APPLICABLE PRODUCTS. STANDARD WARRANTY DOES NOT COVER DAMAGE CAUSED BY NORMAL WEAR AND
TEAR, MISUSE, NEGLECT, OR OBVIOUS ABUSE OF THE PRODUCT. CARHARTT ASSUMES NO LIABILITY FOR GARMENTS THAT
HAVE BEEN ALTERED, INCLUDING CARHARTT FACILITATED EMBROIDERY OR SCREEN PRINT.