Terms
THEBIGGUAVATSHIRTS.COM TERMS OF USE
Welcome to theBigGuavaTshirts.com (“theBigGuavaTshirts”). We provide this website (“Website”) and all related products and services (“Goods”) to you subject to your acceptance of these terms of use. By using the Website, and/or by purchasing (or attempting to purchase) any Goods, you are acknowledging that you have read, and agree to be bound by the terms herein.
THESE TERMS OF USE IMPOSE LEGAL OBLIGATIONS UPON YOU – IT IS IMPORTANT THAT YOU READ THEM CAREFULLY.
theBigGuavaTshirts has the right, in its sole discretion, to modify, add or remove any provision of these terms of use (each a “Change”), at any time. We will notify you of a Change by posting a notice on the Website. A Change is effective immediately upon such posting.
You agree to review these terms of use on a regular basis. You further agree that your use of the Website constitutes your acceptance of all Changes made up to such date. If you do not agree to these terms of use, or to a Change made to these terms of use, your sole and exclusive remedy is to discontinue using the Website.
The most recent version of these terms of use can always be found at - http://thebigguavatshirts.com/pages/terms. These terms of use were last modified on August 22, 2019. Before you continue, you should print and/or save a copy of these terms of use for your records.
License to Use Website
theBigGuavaTshirts grants you a limited, non-transferable, non-exclusive, non-assignable, revocable license to use the Website solely to:
access and navigate the Website pages for which you have been provided access and permission; purchase, and pay for, Goods; download one copy of any content appearing on the Website (including, but not limited to, text, graphics, pictures, logos, icons, buttons, patterns, background, images, software, audio and/or video, and their selection and arrangement) (collectively, the “Content”) to which you have legitimately been provided access, for your personal, non-commercial home use only, provided that you keep intact all copyright and other proprietary notices.
You are prohibited from using the Website in any manner not expressly permitted by these terms of use. Examples of prohibited behavior include, but are not limited to:
accessing, or attempting to access, any page of the Website for which you have not been granted access and permission; engaging in any activity that interferes with or disrupts the Website, or the servers and networks connected to the Website; or, reproducing, duplicating, copying, selling, reselling, visiting, or otherwise exploiting for any commercial purpose the Website or the Content, or any portion thereof.
If you engage in any prohibited activities, the aforementioned license granted to you by theBigGuavaTshirts immediately terminates. Moreover, unauthorized use may also violate applicable laws (including, but not limited to, copyright and trade mark laws, and applicable communication regulations and statutes).
Payment Options
All prices are in US dollars. We only accept payment through PayPal - sorry, we do not accept money orders or personal checks. Make sure that you enter the exact billing address when entering your credit card information, or your order may not be processed.
Money Back Guarantee
theBigGuavaTshirts guarantees that you will be happy with your purchase or we will refund your money. Just return your unworn tshirt within 30 days of your order, and tell us what is wrong with it – we will send you a full refund (minus shipping and handling costs). If the tshirt appears worn or damaged, we will not give you a refund.
Shipping
We ship worldwide via regular air mail. Your shirt will be sent out within 1-3 days of your payment being received. If you are within North America, you should allow 5-16 business days for the arrival of the shirt; international buyers should expect their shirt within 8-25 business days. We cannot be responsible if customs in your country delays delivery.
Product Information
All of our tshirts are brand new and are made with 100% pre-shrunk cotton. We use the latest direct-to-garment printing technology – this is not a cheap iron-on transfer. Our images will not crack or break, and will last you much longer than cheaper printed tshirts. As our tshirts are 100% cotton, they may shrink about half a size when washed. You should wash our shirts in cold water with similar colours, and dry on low heat in order to minimize shrinkage and colour bleeding.
Submissions
Got an idea for a tshirt? We welcome your input and suggestions. Any correspondence you send to us (including, but not limited to, feedback, data, questions, comments, suggestions, or the like) will be deemed to be the property of theBigGuavaTshirts. You hereby assign all of your worldwide rights, title and interest in such correspondence to theBigGuavaTshirts.
License and Website Access
If you do not comply with these terms of use, we have the right to block your access to the Website (or any part thereof) without notice to you. We are not liable to you, or to any third party, for any loss that results from the blocking of your access to the Website (or any part thereof). In our sole discretion and without prior notice or liability, theBigGuavaTshirts may discontinue, modify or alter any aspect of the Website, including, but not limited to, restricting: the time the Website is available; the amount of use permitted; and/or, any user's right to use the Website.
DISCLAIMER
THE WEBSITE, AND ALL CONTENT THEREIN, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THEBIGGUAVATSHIRTS, AND ITS AFFILIATES, AGENTS AND/OR SUPPLIERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES, EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. THEBIGGUAVATSHIRTS DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE RESULTING FROM, ARISING OUT OF, OR ANY WAY RELATED TO: ANY ERRORS IN OR OMISSIONS FROM THE CONTENT (INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS); ANY THIRD PARTY WEBSITES OR THIRD PARTY APPLICATIONS, SOFTWARE AND/OR CONTENT, DIRECTLY OR INDIRECTLY, ACCESSED THROUGH HYPERLINKS ON THE WEBSITE (INCLUDING ANY ERRORS IN OR OMISSIONS THEREFROM); THE UNAVAILABILITY OF THE WEBSITE, OR ANY PORTION THEREOF; OR, PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS, INTERNET ACCESS PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR ANY COMBINATION THEREOF (INCLUDING ANY INJURY OR DAMAGE TO YOUR, OR ANY OTHER PERSON'S, COMPUTER AS A RESULT OF USING THE WEBSITE). ALL WARRANTIES, TERMS AND CONDITIONS, EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, ARE EXCLUDED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS. THEBIGGUAVATSHIRTS DOES NOT REPRESENT OR WARRANT THAT ANY CONTENT ON THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, TIMELY, CURRENT, ERROR-FREE, OR OTHERWISE RELIABLE, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AS A VISITOR TO THE WEBSITE, ANY RELIANCE ON OR USE BY YOU OF ANY CONTENT IS ENTIRELY AT YOUR OWN RISK. THERE IS NO GUARANTEE THAT PERSONAL INFORMATION AND TRANSACTIONS ON THIS WEBSITE, OR ON THE INTERNET GENERALLY, IS OR WILL BE CONFIDENTIAL AND SECURE. THE USE OF THIS WEBSITE AND THE CONTENT IS AT YOUR OWN RISK AND THEBIGGUAVATSHIRTS ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE CONTENT, YOUR USE OF THE WEBSITE OR THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF YOUR PERSONAL INFORMATION. IN NO EVENT WILL THEBIGGUAVATSHIRTS, OR ITS AFFILIATES, AGENTS AND/OR SUPPLIERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES, BE LIABLE TO YOU, OR ANY OTHER PARTY, FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEBSITE OR YOUR PURCHASE OF ANY GOODS. FURTHERMORE, THEBIGGUAVATSHIRTS WILL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LEGAL FEES OR COURT COSTS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE, OR ANY CONTENT CONTAINED THEREIN, OR ANY GOODS, REGARDLESS OF WHETHER ANY OF THE FOREGOING IS DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE. TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED, THEBIGGUAVATSHIRTS’ SOLE OBLIGATION TO YOU FOR DAMAGES IS LIMITED TO THE PRICE PAID FOR ANY GOODS PURCHASED.
Consent to Electronic Communications
You agree that any legal requirement that agreements, notices, disclosures and/or other communications be in writing is satisfied by theBigGuavaTshirts providing you with such communications in electronic form.
Representations and Warranties
By accessing the Website, you warrant to theBigGuavaTshirts that you: are 18 years of age, or older; are not barred from visiting the Website or purchasing the Goods under the laws of the jurisdiction in which you are located; and, will provide true, accurate, current and complete information about yourself as prompted in any order form on the Website.
Force Majeure
In addition to the applicable disclaimers stated above, theBigGuavaTshirts' performance under these terms of use is excused in the event of interruption and/or delay due to, or resulting from, causes beyond its reasonable control (including, but not limited to, acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, flood, earthquake, explosion, embargo, acts of terrorism, power failure, equipment failure, postal service strike, industrial or labour disputes or controversies, acts of any third party provider(s), third party software, or communication method interruptions).
Contact Us
We would love to hear your feedback. You can contact us at thebigguavatshirts@gmail.com.