SALES POLICIES 2015/16

Valid March 19, 2015 through present
Thank you for considering ICE Sportswear, Inc. as the supplier of your custom cycling, running or triathlon apparel. Please read the information below for a better understanding of our custom program and policies.

TERMS AND CONDITIONS

 Custom Ordering

The “Custom” option on our menu will provide you with all the apparel we are able to customize. Simply find the items you would like, adjust the quantities and sizes and add to your cart. From there, you will be required to pay the Custom Order Setup Fee. This Setup Fee will be fully credited toward your order and is solely to start your design process. You can also email us at info@icesportswear.com or call (626) 799-9550 to speak with one of our skilled customer service representatives (CSR) to offer further assistance.

  • You may download our order form and complete product listing at icesportswear.com/pricelist.
  • Send completed form of desired items and quantities to info@icesportswear.com. Please make sure to provide all required billing and shipping information.
  • Order placement is defined as the customer submitting the required 50% deposit of an order total.
  • Customer is aware that the 50% balance is due several days before shipping of the order occurs.
  • Customer agrees to pay sales tax if applicable.
  • USPS First Class shipping charges (based on order total) will be added to the order once it has been entered into our system. If you are requesting a rush delivery you will be charged for expedited shipping.
  • The customer is responsible for verification of items chosen, that all art proofs, order quantities, cuts and sizes are correct. This also applies all orders submitted by our CSR or Sales Representative.
  • Unless otherwise specified, a production overrun of 5 to 10% will be allowed. ICE Sportswear shall be authorized to retain any production overruns for its own use or sale.

Production

An order will not be placed and production times do not commence until: final artwork has been approved, all terms and conditions of the Custom Sales Agreement have been agreed to by the customer and ICE Sportswear, and the 50% deposit has been paid.

 Payment Terms

The payment terms are specified in the final quote.

We require a 50% deposit of Total amount listed before the start of production of an order.

The Final payment of 50% is required before the order is shipped at which time we will credit you by deducting the $200 setup fee from the final payment amount.

We accept checks, PayPal, Visa, MasterCard, Amex and Discover Card. To provide the lowest prices possible we require a 3% credit card transaction fee. Your credit card may not be accepted if: the name on the credit card does not match the billing name given or the billing address given does not match the bank records. Your payment card will be charged on shipment of the ordered items. We will not supply the items to you until your card issuer has authorized the use of your card for payment of the ordered Products.

If the order in not paid within the 30 days after the final payment request has been made, the Customer allows ICE Sportswear to sell items to recover losses. In the event of an outstanding balance, the customer is required to pay the remaining balance to ICE Sportswear. A finance charge equal to 18 percent of remaining order balance will be added to total amount due

All prices are periodically updated and represent the most current values.

Excluded are new items that have not been ordered before. All transactions must be made in US dollars. All custom sales are final.

Upon mutual acceptance to the terms and conditions of this Agreement customers with terms of 50% Deposit, 50% final payment shall be prepared to provide ICE Sportswear with the information listed below which will be securely encrypted into ICE Sportswear’s accounting system. Customers agree to allow ICE Sportswear to charge its/his/her credit card 50% of the Total amount listed on the Final Quote as a deposit for customized merchandise and the balance due before shipment. For security purposes do not write this information on the contract. Please be prepared to provide the following information upon request only. Type of Card, Credit Card number, Expiration date, Security Code, Name of Cardholder’s billing address.

Pricing – Quantity Bracket Pricing

Prices are subject to change and are quoted in U.S. Dollars. Upon ICE Sportswear’s acceptance of this agreement, Customer agrees to the price, product specification, and these Terms and Conditions of Sale. Price differences related to future or past prices published for ICE Sportswear products are not refundable.

When ordering, please keep in mind that the quantity breakdowns are in regard to cut. Short Sleeve items will be paired with other Short Sleeve items – regardless of material. The same goes with Long Sleeve and ¾ length items Short Sleeve bracket items include all Short Sleeve and Sleeveless jersey’s, Vests and Short Sleeve Skinsuits. Long Sleeve brackets include all Long Sleeve jersey’s, Jackets, and Long Sleeve Skinsuits. The Bottoms quantity bracket includes Shorts, Bib Shorts, Knickers, Tights, and any of the Skinsuits. All Speedsuits and triathlon apparel are considered separate.

Taxes

ICE Sportswear is required by law to collect the applicable federal, state, local, county, and city taxes based on shipment destination chosen by the customer. Unless the Customer is tax exempt or will take responsibility of the payment of taxes itself/himself/herself. A Certificate of Sales Tax Status must be completed by customer for each order submitted. Any order using Certificate of Sales Tax Status will not be accepted and processed until the said certificate is tendered to ICE Sportswear. In the event that an order is shipped outside of the United States, Customer will be responsible for the payment of any duties, tariffs, or similar charges imposed.

Customer Information Policy

ICE Sportswear uses the most advanced and highest level of security available to protect personal information of Customers. The information collected from Customer will be held with the utmost care and security. Customer information is stored in our database and is used purely to carry out instructions and action on payment towards the products being purchased. Customer information will not be used outside of CUORE of Switzerland, Inc. without notification and permission.

Order Acceptance

This Agreement is subject to acceptance by ICE Sportswear and reserves the right, at any time after receipt of this Agreement to accept or decline Customer’s custom order for any reason. Verification of information prior to the acceptance of any order may be required. Written acceptance or rejection of Customer’s custom order will be provided by ICE Sportswear and the date of which will become the effective date of this Agreement.

Cancellations

Customers that refuse or cancel orders, after ICE Sportswear has received the deposit, will forfeit the 50% deposit and will be billed for the balance and charged via the credit card on file.

All goods remain the property of ICE Sportswear until paid in full. If the credit card on file is declined, the customer forfeits any rights to the ordered items and allows ICE Sportswear the right to sell items to recover losses.

Reordering

All custom order sales are final and no returns can be accepted unless the product is defective or accepted upon in written agreement of the parties. An order is to be considered a reorder if any or all items part of the reorder have been previously made by us and that no changes to the original and previously approved artwork has been made. ANY change to an item previously ordered, included but not limited to the category of garment, color, text, or logo changes etc. is considered a change and therefore does NOT qualify as reorder. Terms and conditions remain unchanged.

  • In the event of price increases from your initial order to the time of your reorder, we will use the new price but from the same quantity brackets the previous order was applied to.
  • Shipping charges will always be applied to the current order total.
  • Any changes on item not previously ordered, category of garment, colors, text, logos, art, etc. is considered a new order and not a reorder.
  • The same minimums apply to reorders as initial orders
  • The same payment terms apply to reorders as initial orders.
  • Cost per item for reorders is based on current pricing levels and in some cases sponsorship or other special pricing.
  • Shipping terms are based on reorder size and not original order costs.

Sizing

  • Ordering the correct clothing size is important, we therefore have fit kits available to order. Plan a sizing party for your team or club and determine sizing and quality. Please contact us to order a fit kit.
  • Please check all the items you would like to receive. Not all items are available in full size runs. Please note that during peak season (September through March), there may be a wait for fit kits due to large order volumes. Please email the completed form to your ICE Sportswear CSR.
  • Orders will be processed within 48 hours of receipt.
  • We will charge your credit card for all the samples you have requested and will credit the full amount when all items are returned with the required 10 day return period and in the same like-new condition as sent.
  • No credit will be issued for items that are damaged beyond repair or for missing sample items. We will also deduct from your credit a 15% restocking fee plus 3% credit card fee if you fail to return samples within the allotted time frame, for items that have been returned ridden or are returned in incorrect bags.
  • ICE Sportswear will pay the USPS First Class Mail shipping charges to send the kit to you, and you are responsible for shipping the kit back to us (P.O. Box 1584, South Pasadena, CA 91031-1584).
  • We suggest using a method that provides a tracking number as we are not responsible for returned kits that are lost in transit. If you desire expedited shipping, the credit card provided will be billed for the extra shipping charges only.
  • A sizing chart is available on our website at www.ICESportswear.com/size-chart. We strongly recommend using a fit kit. You may also reference the sizing chart.
  • Be SURE to check that the sizing is correct for the desired style; Club Cuts are not always the same size/style than a Race or Pro Cut. See sizing charts for more details.

Fit Kits

ICE Sportswear may provide fit kits and quality samples on request at our own discretion, customers must complete the Custom Order Set Up Fee – this will be fully credited toward your account once the kits and samples are returned. Customer may be responsible for the payment of freight to return fit Kits to ICE Sportswear.

  • If any or all articles in fit kits or quality samples are not returned within designated period stated in correspondence, not returned in same condition as received the Client agrees to pay the retail price for the items.
  • Customer consents to ICE Sportswear placement of a charge on said card for any items not returned in same condition as received within the prescribed time period.
  • Do not ride in the fit kits
  • You are responsible for all items in the fit kit. Lost, missing or damaged items will be charged to final invoice at full retail price
  • Fit kits may not be available at all times due to stock fluctuations. However, we will advise other options.
  • ICE Sportswear is not responsible for incorrect size orders.

Minimums

ICE Sportswear does not have minimums but we highly recommend ordering at least 5 pieces per style to receive better pricing. Please see the order form for additional minimum order requirements as they might change. The only exceptions are as follows:

  • Socks: 50 pair minimum per style
  • Cycling Caps: 20 piece minimum
  • Mussette Bags: 20 piece minimum

Timelines

Delivery is subject to production schedules unless a specific date has been agreed upon in writing. Turnaround time depends on size of your order, complexity of design and time of year.
General rule of thumb (varies depending on items listed above):

  • September – October: 6-8 weeks
  • November – April: 8-10 weeks
  • May – August: 4-6 weeks
  • ICE Sportswear will do their best to deliver by your team’s requested delivery date, but you must notify us of this date at initial contact. Knowing this up front will allow us to better judge if the delivery is feasible and provide you with a deadline for submitting your artwork, order and deposit in order to meet this date.We may be able to accept rush orders at a 50% upcharge only if the production schedules allows; For all US orders, we allow one full week for shipping to ensure the order has enough time to go through US Customs.

Shipping dates are approximate. Regular ground shipping charges are included in the price of the product and the product will be shipped via the most economical regular ground shipping method available.

We are not able to expedite the shipping – all orders are shipped via DHL International Economy from our factory in China directly to you. However, ICE Sportswear does cover the cost of the international shipping from China to the US so international shipping charges are not billed to the customer.

For international orders outside the US, the customer is responsible for all international shipping charges as well as all taxes and duties. Shipments will be sent Delivery Duty Unpaid and the customer is responsible for paying all customs fees, taxes and duties directly to the customs office before the shipment is delivered.

ICE Sportswear shall not be liable for special, consequential, or exemplary damages because of any delay or failure to make delivery.

Warranty and Replacement Policies

All warranties are subject to ICE Sportswear inspection and approval for warranty.

Warranty does not include product failures from accidents, crashes, improper fit, normal wear, improper washing, machine drying of any sort, and or neglect of care.

If there are any issues with misprints, missing items, warranty items or sizing discrepancies please contact your CSR within 5 business days of receipt of your order. ICE Sportswear will remake misprinted items only if the clothing does not match the approved cut art proof.

If there are items missing from the order we will have them made and sent in a timely manner. All teams are responsible for using a fit kit to determine correct sizing.

If clothing does not fit because the team did not order a fit kit to determine the correct size, it is not ICE Custom Sportswear’s responsibility to remake clothing.

If an item is defective, please contact a CSR. You will need to provide the team name, defective issue, exact size and style of garment and the sales invoice number.

You will receive a Return Authorization Number and a Return Authorization Form. The garment should be sent back with the completed form. Be sure to reference the RA # on the outside of the box.

ICE Sportswear will repair the item at no charge to the customer after it is reviewed and determined by our team that the damage was caused by a manufacturing defect and not an outside source.

Proof of defective claim is required by original owner with documentation.

ICE Sportswear reserves the right to repair, replace, or grant credit/partial refund for the defective item at our discretion.

We send all warranty items back to our factory to be repaired. This process can take up to 8 weeks before the item is returned to you. If the item falls outside of the 1 year warranty period you will be billed for any repairs plus return shipping.

Shipping costs of return warranty or repair items to ICE Sportswear are responsibility of the customer in both directions.

  •  State Law requires that products accepted for warranty must be clean. Please include your name, address and a description of the product defect and ship to: P.O. Box 1584 South Pasadena, Ca 91031 A charge of $10.00 per item will be assessed if items are returned for warranty in dirty condition.

OTHER THAN THE LIMITED WARRANTY SET FORTH ABOVE, ICE SPORTSWEAR  SHALL NOT BE LIABLE TO THE CUSTOMER OR TO ANY PERSON WHO PURCHASES FROM THE CUSTOMER OR USES ANY PRODUCTS SUPPLIED BY ICE SPORTSWEAR FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS RESULTING FROM ANY CAUSE WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY DELAY, ACT, ERROR, OR OMISSION OF ICE SPORTSWEAR  THE LIMITED WARRANTY SET FORTH ABOVE IS IN LIEU OF ANY AND ALL OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

  • Most damage to items comes from improper care and are void of all warranties, these include:
    • Improper drying – Best practice is line dry. High heat can effect zippers and garment quality.
    • Washing with zippers unfastened – please close zipper to protect garments.
    • Washing items with Velcro – Wash separately to avoid abrasion or other damage to items
    • Pilling or abrasion of fabrics – avoid Velcro, saddles with stitching or other sources that can cause surface fabric damage.
    • Fabric deterioration due to extreme temperature changes.
    • Wrong size – if the garment fits poorly due to improper size selection the seams or other production aspects can fail.
    • The use of fabric Softener – ICE Sportswear does not recommend use of fabric softener as it can alter or damage any or all of our clothing items.

Challenges Upon Delivery

  • Contact ICE Sportswear and speak to a CSR immediately to discuss missing items, problems with garments, selections or any other aspect of the order.
  • DO NOT RIDE IN ANY GARMENT WITH challenges, problems, production errors, until speaking with a CSR at ICE Sportswear. Failure to do so will void any claims of warranty, repair, replacement or other.
  • ICE Sportswear will work directly with customers to develop a remedy based on the following aspects:
    • Missing items – provide details on delivery date of missing items on a rush basis
    • Problems or challenges with production of garments to include sewing – provide details on the matter and suggest solution and or remedy by repair, replacement, warranty, discount or refund at our discretion.
    • Sublimation errors or challenges – ICE Sportswear will work directly with customers and manufacturers to provide solution or remedy by repair. Discount or partial refund at our own discretion.

ICE Sportswear will work directly with customers to provide solution and or remedy by repair, replacement, discount or refund at our own discretion.

Returns

Due to the custom nature of this order all sales are final and no returns will be accepted unless the merchandise is defective upon mutual written agreement of the parties. Returns will only be accepted within a 30 day period from original purchase date. Refunds are only applied to purchase price + tax. Shipping charges are NOT included. There will be a 20% restocking fee for all return orders. No returns will be accepted after the 30 day period. Returns are only applicable to items that have not violated the warranty. Customer shall be responsible for the safe packaging and timely return of any defective merchandise. Claims for loss or damage sustained in transit must be made upon the delivering carrier by Customer.

Exchanges

We accept exchanges within the 30 day time frame. The customer is responsible for all shipping charges. Only applicable to items that have not violated the warranty.

Repairs

  • ICE Sportswear aims to produce quality garments. Due to normal wear and tear our products will not last forever, nor do we guarantee that they will. Athletic garments, especially custom apparel, are meant to be disposable.
  • ICE Sportswear can repair these items as needed and costs will be determined on a case by case basis.
  • Proof of original ownership is required for repairs.
  • We send all warranty items back to our factory to be repaired.

Attorneys’ Fees

In any case where legal action becomes necessary to enforce terms and conditions, the prevailing party will be entitled to the recovery of all reasonable attorneys’ fees and any other costs or expenses incurred in connection to such an action.

Governing Law and Jurisdiction

The Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California. Each party further waives any objection to the venue of any such action, suit or proceeding in such courts (whether on the basis of an inconvenient forum or otherwise).

Entire Agreement and Amendment

The Agreement (including all of its constituent documents) constitutes the entire agreement and understanding between the parties with respect to the subject matter specified herein and all prior or contemporaneous oral and all prior written documents with respect to the subject matter hereof are hereby superseded. This Agreement may not be changed or modified except in a writing manually signed by a duly authorized representative of each party. No failure of either party to enforce any provisions hereof shall constitute a waiver by that party of its right subsequently to enforce the same or any other provision hereof. No waiver of any provision of this Agreement shall be effective unless in a writing manually signed by the party claimed to have waived such provision.