Terms and Conditions

The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.

  • Use Of Site
  • Terms & Conditions

    These terms and conditions of use (the “terms”) set forth the terms on which Cap Swag provides you access to this website (“Site”). You should read the terms carefully before using the site. By using the site, you acknowledge that you have read and that you agree to abide by the terms, including the privacy policy incorporated herein by reference. If at any time you no longer agree to be bound by these terms, you should immediately cease use of this site.

    Disclaimer

    You expressly acknowledge that your use of this site is at your sole risk. Cap Swag is providing this site and its contents on an “as is, as available” basis and makes no representations of warranties of any kind with respect to this site or its contents. To the maximum extent permitted by law, Cap Swag disclaims all such representations and warranties, including but not limited to warranties of merchantability and fitness for a particular purpose – some jurisdictions do not allow the exclusion of implied warranties in certain circumstances, so the above exclusion may not apply to you. In addition, Cap Swag does not represent or warrant that the information or merchandise provided through this site is accurate, complete or current.Products, price, and availability information are subject to change at any time without notice. The prices listed on this Site are not offers to form a contract but merely an advertisement for offers. Except as specifically stated on this Site, under no legal theory, tort, contract or otherwise shall Cap Swag nor any of its directors, officers, employees, related companies, subsidiaries, merchants, content providers or any other party involved in the creation or maintenance of this site be liable for the following arising out of or in connection with the use of or inability to use this site: indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the limitations and exclusions set forth above may not apply to you. Cap Swag also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.

    Promotional offers, contests, and sweepstakes

    Cap Swag reserves the right to cancel any transaction due to the unauthorized, altered, fraudulent, or ineligible use of discount and to modify or cancel this promotion due to system error or unforeseen problems at any time. Please read the official rules that may accompany each promotion, offer, coupon, discount, contest and/or sweepstakes. Promotional offers and discounts do not apply to gift cards, shipping, and handling, or taxes. Discounts will appear upon checkout and may or may not be eligible to be combined with any other offers or discounts. Special offers, coupons, or discounts cannot be used in conjunction with other offers unless specifically stated in offer official rules.

    Trademarks

    Cap Swag is a registered trademark in the United States. Cap Swag trademarks may not be used without the written permission of Cap Swag and specifically, should not be used in connection with any other product or service, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Cap Swag.

    Any rights not expressly granted herein are reserved.

    Copyright and proprietary rights

    All information, including, without limitation the design of the Site, and all information, text, graphics, images, illustrations, logos, designs, icons, photographs, video clips, and written or other materials software and all HTML, CGI and other codes and scripts in any format used to implement, or featured on, the Site (‘Content’) are the property of Cap Swag, its merchandise suppliers, or its licensors. The overall design and appearance of this Site are the proprietary trade dress of Cap Swag.

    The Content of this Site is for personal use only. Permission is granted to electronically copy and to print in hard copy portions of this Site for the sole purpose of placing an order with Cap Swag. You may not copy, modify, upload, download, transmit, (re)publish, create derivative works from, sell, re-sell or otherwise distribute or exploit any Content from the Site except as expressly permitted by these Terms. Doing so will violate Cap Swag’s copyright, trademark, and other proprietary rights.

    All Content on the Site is protected by United States copyright, trademark and other laws and applicable international treaties and conventions governing intellectual property law. Any and all trademarks, logos, page headers, custom graphics, photographs, button bars, service marks and trade names which Cap Swag uses in connection with the Site shall remain the exclusive property of Cap Swag. Nothing contained in the Terms shall be deemed to give you any rights in or to any intellectual property of Cap Swag. All other trademarks, product names and company names or logos on the Site are the property of their respective owners.

    Communications provided by user

    Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Cap Swag or its affiliates for any purpose, including but not limited to the reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Cap Swag is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. By posting any communication or material on the site, you grant Cap Swag and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such reviews and comments in an unlimited manner. You also grant Cap Swag and its affiliates and sublicensees the right to use the name that you submit with any review or comment, if any, in connection with such communication.


    Site Contents

    Links to third party sites

    The Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Cap Swag and it is not responsible for the contents of any Linked Site, including without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Cap Swag is not responsible for webcasting or any other form of transmission received from any Linked Site. Cap Swag is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Cap Swag of the Linked Site or any association with its operators.

    Shopping

    Cap Swag does not guarantee, warrant or endorse any product or service not manufactured or performed by Cap Swag, nor do we have any liability or responsibility for the quality or performance of any product or service not manufactured or performed by Cap Swag. You hereby agree to supervise usage by and be responsible for the actions of, any minors who use your computer and/or registration account to access Cap Swag.

    Order Acceptance

    The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Cap Swag reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.

    Color

    We have made every effort to display as accurately as possible the colors of the advertised products that appear at the Site. However, the actual colors you see will depend on your monitor. We cannot guarantee that your monitor will display any color accurately. Please refer to the product description for accurate color analysis. 

    Size 

    Cap Swag is not responsible for incorrectly ordered sizes. A size chart is provided on differently sized products for the customer's convenience. The sizes provided are general and intended to give you an idea of the products fit. We are not responsible for incorrect, tight or loose fitting clothing as that is a manufacturing issue.

    Privacy

    Cap Swag agrees to adhere to all applicable United States federal and state laws, statutes, and regulations relating to the collection and use of personal information from Site visitors.

    Indemnification

    You agree to defend, indemnify and hold Cap Swag harmless and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.

    Termination

    Cap Swag reserves the right, in its sole discretion, to terminate your right to use the Site and any rights provided to you under these terms at any time, without notice, and accordingly deny you access to the Site, if you fail to comply with any term or provision. Upon termination, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials.

    Privacy Policy

    Thank you for supporting Cap Swag and please know your privacy is extremely important to us. This privacy policy is provided to explain how information is collected on our website and how that information is handled once it has been collected. Please note that this privacy policy may change at any time. While using Cap Swag.com and our online store you accept the terms and conditions described in this privacy policy. For the latest changes to our privacy policy click the Privacy Policy link on our website at any time.

    Information Usage

    The information collected during registration is used primarily to process and ship your order. Your account information is maintained privately on our secure web servers. Occasionally, unless otherwise requested during the checkout process, Cap Swag may share information about our customers with affiliated companies and other reputable third party vendors in order to enhance the service we provide. Cap Swag requires this information be handled securely and responsibly. Cap Swag does not sell, share, or rent email addresses and does not condone unsolicited email.

    Cap Swag will disclose any information we maintain when required to do so by law, for example, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency’s request.

    Remember, Cap Swag will not use or transfer the personal information provided to us in ways unrelated to the ones described above without also providing you with an opportunity to opt out of these unrelated uses.

    The Privacy of Minors

    Cap Swag does not knowingly collect information from minors. Minors should have their parents fill out required registration information. Purchases made by minors using their parent’s and/or guardian’s credit card information will be the sole responsibility of their parents/guardians. Cap Swag is not responsible for unauthorized credit card use.

    Security

    The security of the information regarding your order is very important to us. You can be assured that all sensitive information will be handled with the utmost discretion and security. SSL technology encrypts your order information to protect it from being decoded by anyone other than Cap Swag.

    Questions or Concerns

    If you have any questions or concerns regarding our privacy policy, please contact our main office at:

    Cap Swag

    609-250-2566
    jose@capswag.com

    Delivery & Returns

    Cap Swag ships orders daily Monday through Friday, with the exception of domestic holidays. All outgoing orders are handled by USPS. Orders placed on weekdays before 3 p.m. EST will ship on the same day or the next consecutive business day. Any orders placed after 3 p.m. EST will ship on the next business day.

    We encourage you to contact us with any questions or concerns regarding any of the goods we carry at Cap Swag prior to placing your order. While comfort preferences vary with each individual, Cap Swag will always provide the best available information to ensure that you are entirely satisfied with your purchase.

    NO RETURNS ON UNDERWEAR AND SOCKS

    Embroidery Orders

    All basic font embroidery orders have a five business day turnaround time from the moment of order placement to product completion and shipment. All embroidery work is done completely in relation to the specifications submitted by the customer. Any wording submitted will be embroidered exactly as typed by the customer using exact spelling and capitalization decided by the customer. Cap Swag is not responsible for any spelling, spacing or capitalization errors by the customer. There are no returns on embroidered products. If an embroidery order is submitted without paying the embroidery fee, the product will be shipped as is without embroidery.

    Returns

    You may return apparel for credit to your credit card within 14 days of your order's original ship date. Please re-pack the item(s) in the box your order was shipped in, or something comparable, and return the package to Cap Swag. In order for a return to be valid, the package must include the original invoice and an email must be sent to jose@capswag.com with the invoice number and tracking number included, prior to shipping. Cap Swag is not responsible for shipping cost on returned merchandise. All items must be in original sale condition in order to be processed for return. Upon arrival, the product will be inspected. Any item that is used, worn or damaged will not constitute a refund. Rejected returns will be notified by email.If the product does not meet resellable conditions your refund will be denied.

    Fraudulent/Unauthorized

    Any orders deemed to be suspicious or unauthorized in nature will be held for review until confirmation can be made about their legitimacy for up to 72 hours.

    Shipping and Handling

    We do not accept C.O.D.’s on returned and exchanged items. Customers are responsible for return shipping charges. For your protection, we suggest you return your merchandise via UPS or insured United States Postal Service. We are not responsible for any delay in delivery, Cap Swag ships your orders same day (before 3 pm) or the next business day (after 3 pm). Any delay in product arrival is not our fault as product shipment is solely handled by USPS.  We do not refund shipping costs under any circumstances. We do not ship on weekends or holidays, all orders are shipped on business days (Monday-Friday) by the United States Postal Service. All shipment estimates are not guarantees but are provided for your convenience. During holiday seasons, Cap Swag does not guarantee the arrival of merchandise before holidays like Christmas. We encourage you to order several weeks in advance as USPS may experience delays. We are in no way responsible for any delays incurred by a later ordering of product during the holiday season.

    International Shipping

    Cap Swag currently only ships to mainland US, Mexico, Canada, Alaska, Hawaii and all United States commonwealth territories. New Era branded products are limited to shipping within the United States and its defined territories.

    Defective Merchandise

    Cap Swag does not guarantee the exchange or credit for a defective item. If you believe you received the wrong product, please clearly explain the mistake via email jose@capswag.com. Cap Swag will reimburse shipping charges, only on items declared defective (up to $10.00).