Terms and Conditions
Terms and Conditions
1. Introduction
Welcome to Be Proud Line. These Terms and Conditions (“T&C”) govern your use of our website and the purchase of custom apparel products. By accessing our site and placing an order, you agree to be bound by these T&C.
2. Custom Orders
All custom apparel orders are final sale, non-refundable, and non-cancelable due to the personalized nature of the products.
3. Pricing and Payment
Prices for our products are subject to change without notice. We reserve the right to modify or discontinue any product at any time. Payment must be made in full at the time of order placement. We accept payments via all listed payment methods on our website.
4. Cancellation Policy
Orders cannot be canceled once they have been placed. Please review your order carefully before submitting it.
5. Shipping and Delivery
Shipping costs are non-refundable. We strive to deliver products within the estimated delivery times, but we are not responsible for delays due to unforeseen circumstances.
6. Defective or Damaged Items
If you receive a defective or damaged item, contact us immediately at support@beproudline.com. We will address the issue promptly. This policy does not cover minor discrepancies in color or design.
7. Intellectual Property
All content on our website, including but not limited to text, graphics, logos, and images, is the property of Be Proud Line and is protected by copyright and other intellectual property laws. Unauthorized use of any content is prohibited.
8. User Conduct
You agree not to use our website for any unlawful purpose or any purpose prohibited by these T&C. You agree not to interfere with the security of the website or to abuse our services.
9. Privacy Policy
Your use of our website is also governed by our Privacy Policy, which can be found at Privacy Policy.
10. Limitation of Liability
Be Proud Line shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use our products or services.
11. Indemnification
You agree to indemnify, defend, and hold harmless Be Proud Line and its affiliates from any claims, damages, liabilities, costs, or expenses arising from your use of our website or breach of these T&C.
12. Governing Law
These T&C are governed by and construed in accordance with the laws of Canada. Any disputes arising under these T&C shall be resolved exclusively by the courts of Ontario.
13. Changes to T&C
We reserve the right to modify these T&C at any time. Changes will be posted on our website and will apply to orders placed after the date of modification.
14. Email & SMS:
By consenting to Be Proud Line’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within our messages. You understand and agree that the primary method for opting out of our SMS program is to reply with specific keywords (such as ‘STOP,’ ‘END,’ ‘UNSUBSCRIBE,’ ‘CANCEL,’ or ‘QUIT’), or to use the unsubscribe link provided. We will also honor any other requests that clearly express your desire to opt out, including phrases like ‘please opt me out.’ We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
For any questions, please text HELP to the number you received the messages from. You can also contact us at info@beproudline.com for more information.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Your right to privacy is important to us. You can see our Privacy Policy to determine how we collect and use your personal information.
Arbitration and Class Action Waiver Agreement:
1. Arbitration:
By using or purchasing Be Proud Line products or services, you agree that any controversy, claim, action, or dispute between you and Be Proud Line arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of Be Proud Line’s website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.
Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.
1. Arbitration Procedures:
Claims shall be heard by a single arbitrator. Arbitrations shall be held in Canada, Ontario, but the parties may choose whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of the Canada, Ontario, without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.
2. Exclusion from Arbitration:
Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of Be Proud Line’s products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to 6D - 7398 Yonge St #1396, Thornhill Ontario L4J 8J2, Canada
. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with Be proud Line. You are responsible for ensuring Be Proud Line’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.
2. Class Action Waiver:
You and Be Proud Line agree that you may bring or participate in Claims against Be Proud Line only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Unless both you and Be Proud Line agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
15. Contact Information
For any questions or concerns regarding these T&C, please contact us at:
- Email: info@beproudline.com
Thank you for choosing Be Proud Line.
