Last updated on May 19, 2022.

OVERVIEW

This website is operated by PRINT SIMPLE INC. (O/A Print Simple), an Ontario Corporation registered under the Ontario Business Corporation Act. Throughout the site, the terms “we”, “us” and “our”, “Print Simple” refer to Print Simple Inc. PrintSimple offers this website, including all information, tools and services available from this site to you (a Purchaser wishing to purchase print apparels from us) and the products and services offered for sale, conditional upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site, viewing contents and/ or purchasing something on our site, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, Purchasers, and/ or any contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features, tools, services and/or products which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

All rights and benefits of a Purchaser stated herein shall only be applicable to Purchases made on our website with a valid Purchase Order submitted DIRECTLY to Print Simple. 

AGREED TERMS

1. Definitions:

Agreement means this agreement, together with any Purchase Order(s), Schedule(s), Exhibit(s), or other applicable legal documents posted on our website, as may be amended by the Print Simple from time to time;

Business Day means any day other than a Saturday or a Sunday or a day which is a statutory holiday under the laws of Ontario;

F.O.B. Shipping Point means freight on board the place from which Print Simple ships the Products to Purchaser.

Product(s) means the product offered by Print Simple on its website. 

Purchase Order means the Print Simple Purchase Order.

Transaction means the products and/or services to be purchased under the Purchase Order. 

2. Purchaser Acknowledgement

The Purchaser shall provide all information of the Products requested for purchase in the Print Simple Purchase Order. The Purchase Order shall be submitted to Print Simple apparel.printsimple.com between the hours of 8 AM and 6 PM ET, otherwise the Purchase Order shall be processed by Print Simple on the next available Business Day. Once the Purchase Order is submitted to Print Simple, Print Simple shall inform Purchaser of its decision to accept or reject within SEVEN (7) Business Days (or a timeline agreed by both parties in writing). Print Simple, at its sole and absolute discretion, may accept or reject the Purchase Order. 

The Purchaser acknowledges and agrees to the following:

1. No Purchase Order shall be effective until approved and accepted by Print Simple in writing;
2. Nothing in this Agreement shall require Print Simple to accept a Purchase Order submitted by the Purchaser;
3. Print Simple, at its sole discretion, may decide to accept or reject the Purchase Order. If a Purchase Order is accepted, Print Simple shall return the Purchase Order Form with its confirmation to the Purchaser; 
4. Print Simple shall incur no liability of any kind for rejecting a Purchase Order;
5. After Print Simple accepts your Purchase Order, you will not be able to cancel it or make any changes to your order
6. We do not process returns on printed, washed or decorated merchandise. You must inspect your garments before decorating them. You must return defective merchandise to us with a piece of tape indicating the flaw’s location. We do not accept returns on discontinued items or merchandise that is more than THIRTY (30) Calendar Days old. You must make all claims for shortages or damages within SEVENTY-TWO (72) Hours of receiving the merchandise. Without a valid return authorization number, our warehouse will not accept returns.
7. If we did not process your order accurately, we’ll cover the original freight and send a return label for the incorrect merchandise. Please note that products that are considered non-returnable are noted as such on their respective product page. These products include but are not limited to: closeout items, face covers, items received directly from the vendor, items that receive a simple discount, etc.
8. Purchaser’s responsibility: It is the consignee’s and/or Purchaser’s responsibility to inspect the merchandise upon reception, in order to declare any defect, and to confirm receiving the correct style, size, colour or quantity, before altering the merchandise. While Print Simple is making every effort to assure the quality and the accuracy of each product sent, Print Simple will not accept any responsibility for any altered defective or incorrect merchandise. No return will be accepted on altered merchandise. 
9. Print Simple is not responsible for missing deadlines because of weather conditions, power supply interruptions, vendor shortages and errors or shipping errors. If we expect or foresee any problems coming, we’ll be sure to let you know and work with you to rectify it.
10. Pricing Information; Availability Disclaimer: 
    • Print Simple reserves the right to make adjustments to pricing, Products and Service offerings for reasons including, but not limited to, changing market conditions, Product discontinuation, Product unavailability, manufacturer price changes, supplier price changes and errors in advertisements. All orders are subject to Product availability and the availability of Personnel to perform the Services. Therefore, Print Simple cannot guarantee that it will be able to fulfill Customer’s orders. If Services are being performed on a time and materials basis, any estimates provided by Print Simple are for planning purposes only.

3. Terms of Sale and Shipment

All Products shall be sold at prices listed on apparel.printsimple.com in effect on the date the Purchaser’s order is approved (Order Approval Date). Print Simple may update the terms and prices from time to time. Print Simple shall give Purchaser notice prior to approving the Purchase Order of an increase in Price for any Product; provided, however, that any orders submitted by Purchaser after receiving notice of a Price increase will be at the increased Price. 

Unless otherwise noted on the Purchase Order, the Parties hereby agree to the following:

1. Costs of Shipping: the Purchaser is responsible for all costs associated with the shipping of the Product(s)
2. F.O.B. Shipping Point: all shipments of Products shall be made F.O.B. Shipping Point (freight prepaid) at which title and risk of loss of the Products shall be transferred from Print Simple to Purchaser upon shipment thereof. If Purchaser requests special routing of a shipment which results in a higher transportation cost, then the extra cost incurred by Print Simple shall be added to Supplier’s invoice; and
3. Taxes Excluded: Prices provided by Print Simple are exclusive of taxes.

4. Supply of Products and Services

4.1 Product Availability: Subject to availability, Print Simple shall use its reasonable efforts to supply the Purchaser’s requirements for the Products. Print Simple may, in its sole discretion, reject or cancel any Purchase Order for any or no reason and Print Simple shall incur no liability of any kind for such action or for any delay or failure of delivery or performance.

4.2 Non-exclusive Distribution: Nothing in this Agreement shall prevent Print Simple from distributing, selling or supplying Products to any third parties in or outside any geographic region. Nothing in this Agreement shall require Print Simple to give the Purchaser any right of priority over Print Simple’s other Purchasers or customers.

4.3 Termination and Modification of Products: Nothing in this Agreement shall prevent Print Simple from ceasing to make or sell all or any of the Products at any time, or from modifying or replacing any of the Products at any time, or making or selling products which are competitive with the Products.

4.4 Print Simple shall exercise reasonable efforts to ensure that all Purchase Orders are to be shipped prior to or on the estimated shipping date. Purchaser hereby acknowledges that unforeseeable circumstances may arise from time to time, which may result in the delay of shipment of the Purchase Order. The Purchaser hereby agrees to resolve any claims of delayed shipment of Purchase Order with Print Simple in good faith. 

5. Payment Terms

5.1 Currency: All payments shall be made in the currency approved Print Simple.

5.2 Payment Method: We accept payments via Credit Card (Visa, Mastercard, AMEX). We do not accept Cheques.

5.3 Non-payment:

Print Simple may, at its sole and absolute discretion, suspend processing of Purchase Order until the Total Amount Payable is received by Print Simple as indicated in the Purchase Order.

In any event, if the Purchaser fails to pay the full amount when due, the Purchaser agrees to pay Print Simple interest at the greater of: (i) a rate of 20% of the total order for each 3 days of delay per month; or (ii) the highest rate legally permissible on the amount (including interest) due and owing to Print Simple, from the date the payment is due. The Purchaser also agrees to pay all collection costs, expenses and reasonable legal fees for collection of any amount due and unpaid. Without prejudice to any of its other rights, Print Simple may withhold shipments of the Products if the Purchaser fails to make the payment when due.

Any delay or non-payment may result in the canceling, in whole or in part, of the order, by Print Simple at its sole discretion. Print Simple reserves the right to terminate any delivery or suspend further deliveries in the event the Purchaser’s financial condition becomes unsatisfactory at the discretion of Print Simple.

6. Conditions for Sale

6.1 Marketing and Promotional Activities 

The Purchaser hereby agrees that if it makes reference to or statements about the Products in the Purchaser’s own catalogs, promotional literature, advertisements or the like, Purchaser shall

·  inform Print Simple in advance and take such steps as Print Simple may require to ensure the accuracy of any such references or statements;

·  incorporate such references to Print Simple and to Print Simple’ Intellectual Property Rights as Print Simple may reasonably require; and

·  refrain from using any images from Print Simple’ website and marketing material without written consent from Print Simple.

6.2 Intellectual Property Rights

Print Simple Intellectual Property  

• All designs, products, trademarks, copyright, patents and content within and any materials made available on the Print Simple’ website and marketing materials are the sole property of Print Simple. The website, designs, products, images and content within are protected by copyright and intellectual property law and may not be reproduced in any form without the express written consent of Print Simple. You hereby agree not to reprint, post, or copy (including electronic or digital scans) any photography, sales materials, or product designs without the advance, express written consent of Print Simple. 
• Nothing in this Agreement shall be construed as giving the Purchaser any license or right to any Intellectual Property Rights belonging to Print Simple.
• The Purchaser shall resell the Products only in the original packaging for the Products and shall not alter such packaging or labeling without Print Simple’s prior written consent.
• The Purchaser shall comply with all reasonable requests by Print Simple with regard to identification of Print Simple’s Intellectual Property Rights and the like on any promotional material prepared by the Purchaser in connection with the Products.

Purchaser Intellectual Property 

• Purchaser may upload words, descriptions, images, trademarks, videos and/or design materials of any kind (Purchaser Content) to Print Simple in accordance with its obligations under this Agreement. Purchaser hereby authorizes Print Simple to use Purchaser Content in Print Simple’s promotional materials and marketing campaigns, at the Print Simple’s sole discretion, to the public for a Period of FIVE (5) years following the Effective Date of this Agreement notwithstanding the Termination of this Agreement. 

6.3 Conditions for Purchasing Pretreatment Services

Purchaser of blank apparels AND pretreatment service agrees to the following: 

• You must order blank apparels and select pretreatment service from us. Since blank apparels are supplied by the manufacturer, it is out of our control if garments arrive with holes or stains from the manufacturer, and therefore we will have an under/over run allowance, which is deemed as an acceptable margin of error.

• For this reason, we highly recommend you order a few extra garments for each size equivalent to 3% of the quantity you need (Under/Over Run Allowance). All orders within the Under/Over Run Allowance of the ordered quantity will be considered acceptable for delivery. Print Simple will not be responsible for any liability for loss or damages on under runs. If requested, in the event of an Under Run greater than our Under/Over Run Allowance, we will re-pretreat the remaining quantity at no additional cost. 

Purchaser of pretreatment service agrees to the following: 

• You may send us your own blank apparels, and we’ll pretreat them for you. In this case, you must specify the quantity of blank apparels that you will be sending us and we will charge you in accordance with the terms and conditions.

• The “pretreatment” has a shelf-life of ONE (1) Year. 

• Since blank apparel is being supplied by you, it is out of our control if garments arrive with holes or stains from the manufacturer. In any case, printing results may vary with our pretreated apparel, depending on a number of factors, such as the make and model of your printing machine, shop conditions, etc.. You agree that Print Simple shall not be held responsible for any liability for loss or damages associated with product quality of blank apparels. 

6.4 Errors on Our Site and Claims

Prices and availability of products and services are subject to change without notice in accordance with the terms and conditions of this Agreement. Errors will be corrected where discovered, and Print Simple reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the Purchase Order and your order is canceled, Print Simple will issue a refund to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with Print Simple’s Return Policy.

We go to great lengths to try to ensure that every order that leaves our facility is correct. Any garments that are incorrectly pretreated are granted a re-pretreat of the defective product. All claims must be submitted within SEVEN (7) Business Days of the date of delivery. If Print Simple is responsible for any errors in your order, we will gladly accept responsibility for the issues and will re-pretreat the items in error. 

It is our goal to provide high-quality services. However, there may be instances when you feel that we did not meet your expectations. Under such circumstances, we encourage you to contact us at [email protected] to describe in detail the nature of your issue or dissatisfaction. We will do our best to resolve the complaint as soon as possible.

6.5 Purchaser Account

In order to use the website, you will have to register and create an Account with us and provide one or more names, email addresses, payment information login usernames and passwords (“Apparel Purchaser ID”). You are responsible for maintaining the confidentiality of your usernames and passwords. You agree not to use the Print Simple Apparel Purchaser IDs, usernames or passwords of any third party or disclose your Print Simple usernames or passwords to any third party. You are responsible for any and all activity that occurs on your Account. If you suspect any unauthorized use with your Account, you must notify us immediately. You agree to provide us with correct and complete Account information at all times and inform us of any changes to the information you have provided. We will, in accordance with our Privacy Policy, keep your usernames and passwords confidential.

6.6 No warranty on merchantability for any misuse or misrepresentation

We have made every effort to display as accurately as possible the colors and images of our products that appear on the website. We cannot guarantee that your computer monitor’s display of any color will be accurate. The Purchaser agrees that Print Simple makes no warranty, express or implied, as to the merchantability and customer satisfaction of Print Simple products. 

In any case, the Purchaser agrees that Print Simple is not liable for any misuse or misrepresentations of the Products by the Purchaser or the final retail customer or consumer and indemnifies Print Simple for any legal actions that emanate or arise from such actions.

6.7 Returns & Refund Policy

Subject to the terms and conditions of this Terms of Service, you may be entitled to return your purchased product. In the event of damage, you must notify a member of the Print Simple team within SEVEN (7) Business Days of the delivery date of your Purchase Order.

In the event of non-fulfillment, notify a service member of the Print Simple team regarding any missing items according to the purchase order.

Contact information for Print Simple: [email protected]

Purchasers not satisfied with any Print Simple products may be eligible for reimbursement of the product within SEVEN (7) Business Days of the date of delivery. Contact Print Simple at [email protected] Reimbursement is only valid for the full purchase price, not including any shipping costs. Reimbursement may be issued within Thirty (30) Business Days of accepted request and may be issued by credit card refund.

6.8 Prohibited Use

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our website, related websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

6.9 Conditions Reasonable:

Each Party acknowledges and agrees with other Parties that:

a)  without the Conditions included in this Section 6, the other Party would not have entered into this Agreement;

b)  the covenants included in this Section 6 are reasonable in the circumstances and are necessary to protect the economic position of Print Simple; and

c)  the breach of any of the provisions of this Section 6 would cause serious and irreparable harm to Print Simple which could not adequately be compensated for in damages, and if there is a breach of any of the provisions of this Section 6, each Party acknowledges that such breach would be deemed as Material Breach of this Agreement. 

7. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our website and/or purchase our products and services (or any part thereof).

8 GENERAL CONDITIONS

8.1 Notices

Any notice or other communication required or permitted to be given by this Agreement shall be in writing and shall be effectively given and made if (i) delivered personally; or (ii) sent by prepaid courier service; or (iii) sent by registered mail; or (iv) sent by email, in each case to Print Simple at the Address below:

Print Simple (Print Simple Inc.)

[email protected]

6 Cross St, Toronto, ON M6J 1S8

and to Purchaser at the addresses set forth in Purchase Order.

8.2 Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all other prior agreements and understandings, both written and oral, between the parties with respect to the subject matter hereof.

8.3 Indemnification

The Purchaser shall indemnify, defend and hold harmless Print Simple and its officers, directors, employees, agents, affiliates and permitted successors and assigns from and against all claims, demands, losses, expenses (including, but not limited to legal fees), government regulatory penalty and liability arising from any claim arising from (a) warranties made by the Purchaser different from or in addition to those made in writing by Print Simple; (b) any breach of the Purchaser’s contractual obligations governed under this Agreement; or (c) any negligent or intentionally wrongful act of omission of the Purchaser or its employees or other representatives in connection with this Agreement.

8.4 Force Majeure

If either party to this Agreement is delayed or prevented from fulfilling any of its obligations under this Agreement (other than an obligation to pay money) by an event of force majeure, said party shall not be liable under this Agreement for said delay or failure. “Force Majeure” shall mean any cause beyond the reasonable control of a party including, but not limited to, acts of God, vandalism, wars, terrorism, civil unrest, blockades, strikes, lightning, fires, floods, explosions, hurricanes, any supply chain disruptions, and other causes not within the control of the party claiming a force majeure situation. The party claiming an event of force majeure shall promptly notify the other party by providing written notice of the reason for the delay, the anticipated length of time and alternate proposals, if any, which the party wishes to make to alleviate any difficulties or hardships which may be suffered as a result of the delay. The notification shall be by written communications. Neither party to this Agreement shall be deemed to be in default by reason of delay or failure due to force majeure.

8.5 No Waiver

No Waiver under this Agreement is effective unless it is in writing, identified as a waiver to this Agreement and signed by the Party waiving its right.

Any waiver authorized on one occasion is effective only in that instance and only for the purpose stated, and does not operate as a waiver on any future occasion.

None of the following constitutes a waiver or estoppel of any right, remedy, power, privilege or condition arising from this Agreement:

• any failure or delay in exercising any right, remedy, power or privilege or in enforcing any condition under this Agreement; or
• any act, omission or course of dealing between the Parties.

8.6 No partnership

Nothing in this Agreement shall be deemed in any way or for any purpose to constitute any Party the partner of any other Party.

8.7 Further Assurances

Each Party shall promptly do, execute, deliver or cause to be done, executed and delivered all further acts, documents and things in connection with this Agreement that another Party may reasonably require for the purposes of giving effect to this Agreement.

8.8 Time of the Essence

Time shall be of the essence in this Agreement.

8.9 Severability

If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect the validity, legality or enforceability of any other term or provision of this Agreement or invalidate or render unenforceable such invalid term or provision in any other jurisdiction. On a determination that any term or provision is invalid, illegal or unenforceable, the Parties shall negotiate in commercially reasonable good faith to modify this Agreement to effect the original intent of the Parties as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.

8.10 Governing Law

This Agreement shall be construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable in the Province of Ontario and shall be treated in all respects as an Ontario contract.

8.11 Dispute Resolution

The parties hereto shall initially attempt to resolve all claims, disputes or controversies arising under, out of or in connection with this Agreement by conducting good faith negotiations amongst themselves. If the parties hereto are unable to resolve the matter following good faith negotiations, the Parties shall hereby irrevocably and unconditionally submit to the jurisdiction of the Ontario Superior Court of Justice, or Small Claims Court, in the City of Toronto.