Order Terms

Effective as of 1 September 2025

Agreement and Age Requirement
By placing an order with viralretailer.com (“VR”, “we”, “us”), you confirm you’ve read, understood, and agree to these terms. You also confirm you are 18+ or the age of majority in your jurisdiction. If you do not agree, please do not place an order.

Art, Content & Color Matching
Our goal is to approximate specified Pantone and brand colors as closely as processes and materials allow. Variations can occur due to fabrics, inks, threads, environmental lighting, and displays. Exact matches are not guaranteed. Physical samples are available upon request and may add time and cost.

Product Samples
Most approvals are via digital mockups/“Tech Packet.” Physical samples are available upon request and may incur additional charges and extend timelines.

Artwork, IP & Brand Authorization
You are solely responsible for the content you provide and warrant that you hold all necessary rights and permissions for any logos, names, designs, and other IP. Where required by a carrier, broker, brand owner, rights holder, or customs authority, you will supply brand/trademark authorization or release letters. You agree to indemnify and hold VR harmless from claims arising from your content or any failure to obtain such authorizations.

Approval Process (Tech Packet)
We’ll email a Tech Packet showing placement, colors, dimensions, and other production details. Review carefully. Once you approve, production proceeds. Differences between the approved Tech Packet and the delivered goods are not VR’s responsibility.

Quotes, Pricing & Payment
Quotes reflect current specifications. Changes to design, materials, methods, or quantity may change price and schedule. Invoices may be adjusted to reflect actual shipping, duties/taxes, and carrier/broker surcharges. Any unpaid balance must be settled before release of goods. Unless otherwise stated in writing, all prices are exclusive of taxes, duties, and import-related fees.

Shipping, Risk of Loss & Delivery

Shipping Terms & Incoterms. Unless otherwise agreed in writing, shipments are sold FCA (Incoterms® 2020) from our production partners’ facilities or a designated origin hub, as specified on your quote or invoice. In some cases we may use other Incoterms (for example, FOB [named port of shipment], DAP, or others) where that is more appropriate; when a specific Incoterm and named place are shown on your quote, invoice, or order confirmation, that specific term will apply for that shipment.

For shipments where FOB is used, it will be stated as “FOB [named port of shipment]” on your quote or invoice (for example, FOB Shanghai, FOB Ho Chi Minh City). We do not hard-code a single port in these terms because we ship from several ports; instead, the named port or origin location will be shown on the documents for your specific order.

Risk of Loss & Title. Under our default FCA terms, risk of loss and title transfer to you when the goods are handed over to the first carrier at the named place (for example, our production partner’s facility, consolidation warehouse, or other origin hub) as stated on your quote or invoice. Under FOB terms, risk of loss and title transfer to you when the goods are loaded on board the vessel at the named port of shipment. Once the carrier has accepted the goods under the applicable Incoterm, any loss, damage, delay, or misrouting is between you and the carrier, subject to any assistance we may provide.

Guaranteed Ship Date (GSD). For qualifying orders, we may assign a Guaranteed Ship Date (“GSD”). Your GSD is the date we commit to hand your order off to the carrier and provide tracking, not the final delivery date to your door.

A GSD is typically assigned only after:

Your designs are finalized and approved in writing (including any required samples, mockups, or artwork sign-offs).
Your initial payment or deposit has been received and cleared.
Key production details (quantities, sizes, colors, materials, labeling, packaging, and ship-to information) have been confirmed.

Once these conditions are met and we assign a GSD, we treat that ship date as a firm commitment, subject to the limitations below.

Your Responsibilities to Keep a GSD Locked. To keep a GSD in effect, you agree to:

Respond promptly to approvals, questions, and clarification requests needed to keep your order on schedule.
Make any remaining payments when due, including final balance within 5 days of your “ready to ship” notice (unless another schedule is agreed in writing).
Avoid introducing late changes to design, materials, quantities, or destination that would reasonably require rework or rescheduling.

If you fall behind on approvals or payment, or introduce material changes, we may need to adjust or withdraw your GSD. We’ll communicate any changes as soon as reasonably practicable.

What a GSD Does and Does Not Cover. A GSD covers our hand-off to the carrier only. It does not guarantee:

Transit time or delivery date to your final destination.
Performance or reliability of the carrier, customs, or any third-party logistics provider.
Clearance speed, inspections, or holds imposed by customs or other authorities.

Once your order has been tendered to the carrier on or before the GSD, our GSD obligation has been met.

Events Outside Our Control. Even after a GSD is assigned, certain events may impact timing that are outside our control, including but not limited to:

Carrier delays, misrouting, or service interruptions
Weather events, natural disasters, or strikes
Customs inspections, holds, or regulatory issues
Government actions, geopolitical events, or force majeure conditions
Sudden changes in import duties, tariffs, or clearance procedures

These events do not constitute a breach of the GSD, though we will work with you and our partners in good faith to move the shipment along when possible.

If We Miss a GSD for Reasons on Our Side. If we fail to hand your order off to the carrier by the assigned GSD due solely to reasons within our reasonable control (and not due to your delays, requested changes, non-payment, force majeure, or carrier/customs issues):

We will notify you as soon as we become aware of the issue.
We will propose a revised ship date and reasonable steps to mitigate the impact (for example, prioritizing your order in production, upgrading shipping service where appropriate, or other commercially reasonable

Shipping Charges. Any previously listed flat shipping fees are replaced by actual-rate shipping. We may estimate freight at time of invoicing; the final amount is reconciled to the actual assessed costs.

Damage/Shortage Claims. Please note any damage or shortage with the carrier at delivery, retain all packaging, and notify us promptly so we can assist with a claim.

Taxes, Duties, Import & De Minimis
Unless otherwise agreed in writing:

Importer of Record. You (the customer) are the importer of record and are responsible for all destination-country taxes, duties, VAT/GST/sales/use taxes, brokerage/clearance, and any carrier surcharges or disbursement fees.
De Minimis. If a shipment qualifies for a customs de minimis program, you still cover any related carrier/clearance/admin fees.
Admin/Pass-Through Charge. VR may add a pass-through/administrative charge equal to the actual assessed fees plus the greater of USD $25 or 1% of the invoice subtotal, capped at USD $100 (cap = $100).
Reconciliation. Under- or over-collections are reconciled via supplemental invoice or credit.

Order Inspection, Defects & Refunds
Custom work is final sale. Inspect goods promptly upon receipt. Report material defects to care@viralretailer.com within 7 days of delivery with photos/evidence; late claims may be denied. If defects are verified, VR may repair, replace, or credit at its discretion. Normal wear, misuse, or improper care are excluded.

Cancellations

Cancellation eligibility depends on costs incurred to date; rush orders are generally non-cancelable once scheduled. Pre-production or in-production changes can affect cost and lead time.

Warranty & Limitations of Coverage
Unless otherwise specified, products are provided “as is.” Warranty excludes accidental damage, normal wear, fading, misuse, improper care, incorrect files/specs supplied by you, and post-delivery damage. Remedies are limited to repair, replacement, or credit at VR’s discretion.

Product Photos & Licenses
You grant VR a non-exclusive right to display images of the finished product for portfolio/website/social media, unless you notify us in writing before approval that your order must remain confidential. If you submit photos featuring people, you represent you have the necessary permissions/releases.

Intellectual Property & Tech Packet Ownership
You retain ownership of your IP; however, the Tech Packet and any VR production files are VR’s property. Sharing or reproducing the Tech Packet without VR’s written consent is prohibited.

Limited Liability
To the fullest extent permitted by law, neither VR nor its affiliates will be liable for indirect, incidental, special, or consequential damages. VR’s total liability for any claim is limited to the amount you paid for the affected products.

Indemnification
You agree to defend, indemnify, and hold harmless VR from claims, damages, liabilities, and expenses arising out of: (a) your provided content or IP; (b) your breach of these terms; (c) your violation of third-party rights; or (d) your violation of law.

Governing Law, Venue & Dispute Resolution
These terms are governed by the laws of Illinois, USA. The parties consent to the jurisdiction and venue of Illinois state courts, and waive the right to a jury trial for any dispute arising from these terms.

Changes to Order Terms
We may update these terms from time to time. The version posted on our website is the current version. Continued use of our website or placement of orders after changes take effect constitutes acceptance.

Customer Declarations
By placing an order, you confirm: (1) you have the rights/permissions for all IP used; (2) you meet the age/competency requirements; and (3) if ordering on behalf of another, you have authority to bind that party.

User Content (Feedback)
Feedback and comments you provide may be used by VR without obligation to compensate you or keep such feedback confidential.

Contact

Questions? Email care@viralretailer.com.