This is a legal contract and agreement ("Agreement") between you and the ASSERTIVE CREATIVITY, LLC (www.assertivecreativity.com). By accessing, browsing, and using this website ("Site"), or other means to purchase garments, accessories and other products from ASSERTIVE CREATIVITY, LLC (www.assertivecreativity.com) ("Merchandise"), you (i) acknowledge that you have read, understood, and accepted the terms and conditions of this Agreement, and (ii) agree that such terms and conditions are a legal contract by which you are bound and which govern the purchase of Merchandise by you from ASSERTIVE CREATIVITY, LLC (www.assertivecreativity.com).
If for any reason you do not agree with and accept all the terms and conditions of this Agreement, you should discontinue using our company ASSERTIVE CREATIVITY, LLC (www.assertivecreativity.com) this Site for purposes of purchasing Merchandise.
As discussed below, ASSERTIVE CREATIVITY, LLC (www.assertivecreativity.com) reserves the right, from time to time, to change this Agreement.
By using this Site for purposes of purchasing Merchandise, you further agree to the terms and conditions of ASSERTIVE CREATIVITY, LLC (www.assertivecreativity.com) Privacy Policy and the Terms and Conditions of Use.
PRICE, QUANTITY, PAYMENT TERMS, AND ACCEPTANCE OF ORDERS AND ARTWORK (CAD GRAPHICS AND/OR REPEATS)
The price and quantity of Merchandise purchased and sold will be stated on your purchase confirmation
that will be e-mailed to you at the e-mail address you provided during order process. Freight costs,
which are paid by you, may only be estimated. Actual freight costs may vary. Unless otherwise agreed
to by ASSERTIVE CREATIVITY, LLC (www.assertivecreativity.com), payment of the purchase price is
due and owing at the time you submit your order. Payments may be made by credit card. ASSERTIVE CREATIVITY, LLC (www.assertivecreativity.com), in its discretion, may agree to other payment terms,
subject to prior credit approval. All orders are subject to approval and acceptance by ASSERTIVE CREATIVITY, LLC (www.assertivecreativity.com). ASSERTIVE CREATIVITY, LLC (www.assertivecreativity.com) may reject orders for any reason, including without limitation a
decision based on your credit status.
We do not provide free artwork, CAD work or graphical repeats. If an order should materialize we
reserve the right to waive or charge ($250 - $500) for the render artwork, CAD work or graphical array at
our ASSERTIVE CREATIVITY, LLC discretion. Artwork submissions are requested via email and will be
billed at 100% should there not be a confirmed order. Upon submission of artwork and confirmation of
order cancellation after rendered artwork, CAD work or graphical array, remittance ($250 - $500) is due
immediately upon first notice. Cost is determined by level of work and amount of colors in repeat.
Please make checks payable to ASSERTIVE CREATIVITY, LLC.
We reserve the right to charge or waive any and/or all set-up costs at the discretion of ASSERTIVE CREATIVITY, LLC
SHIPPING
All Merchandise is shipped FOB. The risk of loss shifts to you after ASSERTIVE CREATIVITY, LLC (www.assertivecreativity.com) has delivered the Merchandise to the common carrier (UPS,FedEx,DHL etc.) or any alternative carrier for shipment. ASSERTIVE CREATIVITY, LLC (www.assertivecreativity.com) is not responsible for any delays after ASSERTIVE CREATIVITY, LLC (www.assertivecreativity.com) has delivered the Merchandise to the carrier.
DELIVERY AND INSPECTION
Delivery dates are estimated and are based upon market and production conditions at the time of your order. ASSERTIVE CREATIVITY, LLC (www.assertivecreativity.com) is not liable for any delay in or failure to make one or more shipments if such delay or failure is due to acts of God, war, riot, embargoes, acts of civil or military authorities, fires, floods, accidents, quarantine, restrictions, mill conditions, strikes, delays in transportation, fuel, parts, labor or materials, or any other circumstances or cause beyond ASSERTIVE CREATIVITY, LLC (www.assertivecreativity.com) control.
You are required to promptly inspect the Merchandise upon delivery. You should immediately notify ASSERTIVE CREATIVITY, LLC (www.assertivecreativity.com) if the Merchandise does not conform to your order or if the Merchandise is defective or fails to conform to the warranty.
WARRANTY
Except as provided below, ASSERTIVE CREATIVITY, LLC (www.assertivecreativity.com) warrants that, subject to normal use, the Merchandise will be free of defects in material and workmanship for a period of thirty (30) days from the date of sale to you. This excludes any and/or all merchandise that is constructed or embellished fully by hand including specialized prints. ASSERTIVE CREATIVITY, LLC (www.assertivecreativity.com) provides absolutely no guarantee, and we hold no responsibility on hand created and/or embellished items including specialized prints which are subject to its maker and process at time of creation. Hand created and embellished items as well as specialized prints are ideal to its maker and process at time of production and you hereby accept these terms and provisions upon purchase.
This warranty does not cover or include and ASSERTIVE CREATIVITY, LLC (www.assertivecreativity.com) has no liability for: problems caused by misuse or abuse of the Merchandise, or Merchandise that has been created fully by hand or hand embellished, decorated in production, modified, embroidered, or specialized prints otherwise altered during production of after receipt of merchandise.
The Merchandise is not flame-resistant or acid-resistant. The Merchandise should not be worn if the person wearing the Merchandise is exposed to fire, other flammable materials, or acids. You are prohibited from warranting or representing that the Merchandise is flame-resistant or acid-resistant. ASSERTIVE CREATIVITY, LLC (www.assertivecreativity.com) makes no representations or warranties as to the use of the Merchandise in cold or wet weather.
If the Merchandise fails to conform to the warranty, excluding hand created, embellished items and/or specialized prints you must promptly give (within 30 days) formal written certified notice on company letterhead to ASSERTIVE CREATIVITY, LLC (www.assertivecreativity.com) of the warranty claim. Notice may only be accepted by formal certified US mail. See our Site for where to send the notice.
If the Merchandise fails to conform to the warranty and if you make a timely claim (within 30 days of receipt of merchandise) of breach of warranty, then ASSERTIVE CREATIVITY, LLC (www.assertivecreativity.com) will, upon return of the Merchandise, credit the purchase price, or if the Merchandise has not been returned, in ASSERTIVE CREATIVITY, LLC (www.assertivecreativity.com) discretion, ASSERTIVE CREATIVITY, LLC (www.assertivecreativity.com) may adjust the purchase price and the credit to your account with the adjustment. The procedure for returning Merchandise is provided below. ASSERTIVE CREATIVITY, LLC (www.assertivecreativity.com) may set off any credit against any outstanding amount owed by you to ASSERTIVE CREATIVITY, LLC (www.assertivecreativity.com). This warranty does not include hand created, hand embellished or specialized printed items as there is no guarantee to consistency of production as hand created or embellished items and specialized prints are subject to their maker and processes at time of creation.
The remedy of adjusting the purchase price of the non-conforming Merchandise, for
issuing a credit to you, represents and constitutes the sole and exclusive remedy
available to you for a breach of warranty claim, breach of contract claim, tort claim (including
negligence or strict liability), or any other claim with respect to the Merchandise. The remedy
shall be determined by ASSERTIVE CREATIVITY, LLC (www.assertivecreativity.com) in its sole
discretion.
You are prohibited from altering or modifying the tags that accompany the Merchandise. ASSERTIVE CREATIVITY, LLC (www.assertivecreativity.com) is not responsible for any representations or warranties made by you to the consumer. ASSERTIVE CREATIVITY, LLC (www.assertivecreativity.com) maintains no liability and you are prohibited from making any/and or all merchandise claims against hand created or embellished or specialized printed items as those items are subject to their maker and process at time of production and can not be maintained consistent in production because of the nature of the goods and process and the fact that they are created solely by hand and/or require specialized printing.
ASSERTIVE CREATIVITY, LLC will take all reasonable care to minimise loss of any specific qualities relating to protective or decorative finishes but will accept no liability for same should deterioration occur.
RETURNS
Unless otherwise authorized in advance by ASSERTIVE CREATIVITY, LLC (www.assertivecreativity.com), and such authorization may be given in ASSERTIVE CREATIVITY, LLC (www.assertivecreativity.com)sole discretion, only Merchandise that is defective and otherwise is subject to a valid warranty claim may be returned. In the absence of a valid warranty claim, ASSERTIVE CREATIVITY, LLC (www.assertivecreativity.com) will consider authorization of the return of Merchandise only if the request is made within ten (10) days after the date of delivery to you of the Merchandise.
You may not return any Merchandise after the ten (10) day period in which the merchandise has been received, or if it has been decorated, modified with embroidery, or otherwise altered. Hand created or customized hand embellished and specialized printed items item may not be returned at anytime as those are solely created for the customer and customized according to customers specifications.
If there are any discrepancies with orders that included free shipping, any exchanges or additional shipments from that order will not include free shipping.
Before returning any Merchandise to ASSERTIVE CREATIVITY, LLC (www.assertivecreativity.com), you must obtain prior authorization from ASSERTIVE CREATIVITY, LLC (www.assertivecreativity.com). Merchandise may not be returned without first obtaining authorization from ASSERTIVE CREATIVITY, LLC (www.assertivecreativity.com). You may request authorization by calling the ASSERTIVE CREATIVITY, LLC (www.assertivecreativity.com) customer service department.
If your return was granted, the merchandise has to arrive at ASSERTIVE CREATIVITY, LLC within the 7 day period. After 7 days, if the merchandise was shipped but not received in time, ASSERTIVE CREATIVITY, LLC will not accept the return.
The customer service department hours are as follows:
Monday-Friday, 9.30 a.m.- 5.30 p.m. EST (tel:+1-347-350-6349)
MADE TO ORDER/CUSTOM ORDER
By consenting to the terms and conditions you hereby understand that the items you are ordering are hand made, made to order items that are created in our factory specifically for your order. These items take time to create, and are typically completed between 35-50 days after your order is placed and the technical-package has been approved by our factory manager & you/your customer.
Once your order is placed we do not allow alterations to sizing, lowering the quantity, material or images, nor do we permit refunds to be given in the event that these terms were overlooked and blindly agreed to. If you receive a custom/made to order item from us that is incorrect you may contact our support team with your order number in the subject line and they will be happy to assist you. We do not allow refunds if you want to cancel after placing the order. Please DO NOT ORDER MADE TO ORDER ITEMS OR CUSTOM ITEMS IF YOU DO NOT AGREE TO THESE TERMS.
The cost that we give is based on the current access to fabrics that work within our price structure and is readily available at the time of the order being produced and the sample being made.
If for any reason we are not able to get that fabric, we would offer a substitution fabric that compliments your request based off the access that we have available and that fits within our cost structure.
Under the circumstances, if we give you a price based on a picture, fabric or actual sample, no price that has been offered is valid until our factory manager has confirmed that we are able to execute the sample or the complete order once it has been finalized with full payment and all payments in agreement with our company Assertive Creativity LLC.
All fabrics and approval is based on our factory managers confirmation that all required details and resources are aligned and ready to proceed.
STOCK GOOD ORDERS
All orders under our minimum (12pcs) will be charged at the retail cost per color/style.
On orders under 120pcs, all styles must be purchased by at last 1 dozen per color/style.
In accordance to our company policy, we advise you to purchase a sample before purchasing the full order since all sales on our goods are final. This is in place to protect both parties and minimize confusion on all orders. Please authorize your final decision whether to ship out the full order or to send an order of samples. If there is a follow-up order based on your sample purchase within 30 days, we will reimburse you the retail-net-cost difference.
Due to factory changes the quality might vary from time to time. That's why it is important to order samples from time to time to verify the quality of the item.
Our samples are a reflection of our inventory. Our scarf base fabrics are 1st made by machine, then altered by hand to create the frays. Since the frays are hand made and are not done by machine, the height of the frays may "slightly" vary from each other. This is in no way considered to be a defect in the product but fits in our normal tolerance.
Some styles may not be available in samples. For these items, you will need to purchase the minimum order of 12pcs. If minimum orders are higher then a dozen, then the dozen amount will be charged at the retail cost.
Once you place an order and we pulled the merchandise form the warehouse, or we hold the merchandise for a later shipping date, the order is considered final and there are no refunds.
In rare cases, you might order a unique custom sample from us. In that case we will charge you a security deposit. After you return the sample to us not later than 14 days, your deposit will be refunded.
All orders submitted without your shipping account number will be shipped under our account and added to your invoice.
We may not be able to deliver an exact match of a certain pantone color (PMS color) you requested. Always get a sample first.
ASSERTIVE CREATIVITY, LLC will not accept responsibility or liability for any stock item that is within the same color family but might be a shade off. This would be considered the same color/product. These slight changes might occur during the dying process that can be influenced by many factors, for example, water, chemicals, direct Sunlight, etc.
These minimal variances of the fabric color/shade are considered normal and are within standard production parameters.
If you order in time before 1pm EST, your item will be most likely shipped the next one or two days.
All goods must be paid in full before any order is sent and before any project is started. Payments over $1500 must be paid via certified check or via bank transfer.
If you purchase our products, you agree with our terms and conditions.
Please see our info about certain items/fabrics and care instructions.
Embroidery
The process of embroidery may cause a slight pucker and a slight contraction of the tie around the section of the embroidery. We use standard backing material to stabilize the fabric, to prevent tearing and loosening of the embroidery.
For ties, you can choose between opening and closing the back of the tie, to hide the visual part of the backing, or the embroidery goes through the visual back-part of the tie, the backing will be pulled off.
Art Work CAD
If you need Assertive Creativity to create a CAD for you or your client, we will create a simple one for free, it will be send as a JPEG with our watermarks (repeated company information and logo) on it. Without watermarks, it will cost $35.
CAD Services with repeat Artwork will cost $75, with our watermark $40.
On pricing for more involved Artwork or Techpackages, please call for more information. Free artwork is included for confirmed purchase orders. Complicated artwork does cost $75/h.
Shipping Rules
Once the goods are in the possession of our preferred shipping company (UPS, FedEx, DHL), Assertive Creativity LLC is not responsible for any delay, damage or any other event that may occur.
Assertive Creativity is not responsible for shipments to arrive in time. We are able to give advice about different shipping options. Please plan ahead in time if you need to hit a certain time frame.
It is your responsibility to inform us of any changes to the original credit card & shipping info you have provided. If we do not receive any info to update the info you have provided, by default we will use the last info we have on file on your current order. Please make sure all info you provide is correct. If the credit card info you provide is incorrect, your goods will not be shipped. If the shipping account number you provide is incorrect, all charges and any additional fees will be charged to your credit card immediately. Please make sure to provide the correct full address connected to your shipping account# if you are using any shipping courier service. If there are any charge backs on our shipping account, you will incur a $10 or 35% inconvenience charge per tracking# (which ever is greater) based on our shipping fees. In addition, all fees we incur must be paid in full. Assertive Creativity will make the final decision of all shipping methods used. All related shipping decisions are at the sole discretion of Assertive Creativity.
RETURN POLICY ON STOCK GOODS
All sales are final. We suggest you purchase a sample to confirm quality, colors, specs, details etc. Due to factory changes the quality might vary from time to time. That's why it is important to order samples from time to time to verify the quality of the item.
See Stock Good Orders for sample pricing.
We do not accept sample returns!
We do not accept returns on stock goods in general. If you have any questions, please feel free to contact us.
However, if you qualify for a return or due to courtesy of Assertive Creativity, LLC, all returns are subject to a 25% re-stocking fee. Items not returned in its original condition, including labels, packaging, tags or cardboard will be subject to an additional up-charge of 30% and up or refunds will not be granted. Especially for our scarves, if they do not come back with their bags in perfect condition there is no refund and return.
If you are returning defective or non-defective items and need a replacement before the goods arrive at our warehouse, we will provide you with the necessary products, but will authorize your CreditCard for the amount of the exchange items. Once the defective/non defective items have arrived at our location and we finished the inspection, we will void the authorization.
There are no returns for items that have been shipped from our international warehouse.
If the goods you have purchased from us are defective in any way, you must first notify us with a detailed description of the defect, also take pictures of “all” the goods.. Unauthorized returns may be shipped back unopened to the sender. After our confirmation, the goods must be shipped to us and we will review and conclude the cause of the defect. You will be responsible for the cost of shipping the goods to us. If it is concluded that the goods are defective from our end (Assertive Creativity, LLC), we will either replace the defective goods with non-defective goods, give you an exchange of the same product but different style of equal value, or refund you the value of the defective goods. Final decision of compensation will be the rights and the discretion of Assertive Creativity, LLC. Return shipment will be shipped Ground only on our account.
Please read the paragraph about "Returns" if you have any claims, see (10 day timeframe).
If it is determined that the goods are not defected from our end (Assertive Creativity, LLC), there will be no compensation for those items. At this point, you can request a return of those goods to be shipped to you, on your shipping account, at your shipping expense.
WARRANTY DISCLAIMERS
ASSERTIVE CREATIVITY, LLC (www.assertivecreativity.com) MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AND ASSERTIVE CREATIVITY, LLC (www.assertivecreativity.com) EXPRESSLY EXCLUDES AND DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
THE LIABILITY OF THE ASSERTIVE CREATIVITY, LLC (www.assertivecreativity.com) ARISING OUT THE SUPPLYING OR SELLING OF THE MERCHANDISE, OR ITS USE BY YOU OR YOUR CUSTOMER, AND WHETHER BASED UPON BREACH OF CONTRACT OR WARRANTY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, SHALL NOT IN ANY EVENT EXCEED THE PURCHASE PRICE OF THE MERCHANDISE. THE REMEDIES SET FORTH ABOVE SHALL CONSTITUTE THE SOLE AND EXCLUSIVE REMEDY OF YOU AND THE SOLE AND EXCLUSIVE LIABILITY OF ASSERTIVE CREATIVITY, LLC (www.assertivecreativity.com) WHETHER THE CLAIMS ARE BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE. UNDER NO CIRCUMSTANCES SHALL ASSERTIVE CREATIVITY, LLC (www.assertivecreativity.com) BE LIABLE TO YOU OR YOUR CUSTOMER FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, WHETHER BASED UPON LOST GOODWILL, LOST RESALE PROFITS, WORK STOPPAGE, PRODUCT/ PURCHASE ORDER CANCELLATION (ONCE PRODUCTION HAS COMMENCED), PROPERTY DAMAGE, LOSS OF USE, EXPENSES OF RECALL, OR OTHERWISE.
ENTIRE AGREEMENT/CHANGES
This Agreement sets forth the entire agreement of the parties with respect to the subject matter. These terms and conditions may not be altered, supplemented or amended by the use of any other documents.
ASSERTIVE CREATIVITY, LLC (www.assertivecreativity.com) may change this Agreement at any time without notice by updating this Site and the change is effective immediately upon such posting and change to the Site. By using the Site for purposes of purchasing Merchandise, you agree to be bound by any such changes. You should periodically visit the Site and this page to determine the then current terms and conditions of which you are bound.
APPLICABLE LAW AND VENUE
If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. ASSERTIVE CREATIVITY, LLC's (www.assertivecreativity.com) failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. This Agreement may be assigned in whole or in part by ASSERTIVE CREATIVITY, LLC (www.assertivecreativity.com) This Agreement may not be assigned in any manner by you without the express, prior permission of ASSERTIVE CREATIVITY, LLC (www.assertivecreativity.com). This Agreement shall be governed by and construed in accordance with the laws of the State of New York State notwithstanding any conflict of laws provisions. You irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the state and federal courts in the City of New York (the "New York City Courts") for any litigation or dispute arising out of or relating to this Agreement, (ii) agree not to commence any litigation arising out of relating to this Agreement except in the New York City Courts, and (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum.
SEVERABILITY
If any provision of these terms and conditions shall be ruled unenforceable, then the remainder shall be enforced to the extent permissible.