Terms and Conditions
By placing an order on this website, or by phone / email exchange with an authorized Bandmans representative, you agree to these terms and conditions as listed below. These stipulations include but are not limited to, school representatives, financial officers, principals, music educators, band directors, community organizers, non-profit organizations and the like.
TERMS AND CONDITIONS
Thank you for visiting Bandmans.com (the "Website"). This Website is operated by Bandmans (formerly The Bandmans Company, Dallas Division) located at 2845 Ladybird Lane, Dallas, Texas, USA, 75220. The phrase "Bandmans", “Bandmans Company” or "us" or "we" or "our" refers to Bandmans. The term "you" or "your" refers to the user or viewer of the Website.
We reserve the right to update or modify these Terms and Conditions at any time without notice. Your use of the Website or placement of an order with Bandmans following any such change constitutes your agreement to the Terms and Conditions as changed.
We may take any steps that we believe necessary or appropriate to enforce these Terms and Conditions, including termination of your access to the Website at any time and for any reason, without notice. We reserve the right to modify or discontinue the Website at any time without notice to you, and we will have no liability to you if we do so. You acknowledge that your use of the Website will not be uninterrupted or error-free, and that we do not guarantee continuous or secure access to the Website.
RELIANCE ON INFORMATION PROVIDED
The information presented on the Website is made available solely for general information purposes. We cannot and do not guarantee that all information is up to date, accurate, complete, reliable, or error-free. Any reliance you place on such information is strictly at your own risk, and we disclaim all liability arising from such reliance. We cannot and do not guarantee that images of products or example colors will be accurate to what is received. The Website includes content and products provided by third parties, which is the responsibility of the business or entity providing that content. We reserve the right to correct any errors or omissions as we find them, and to change information at any time. This is especially true after you have submitted an order. Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability.
Bandmans (and all third parties, partners, vendors and sponsors that provide material through the Website) retain all applicable copyright and intellectual property. This includes trademarks and proprietary rights, content, features, functionality, text, displays, images, video, audio and designs. The copying, redistribution, or modification, of the Website is strictly prohibited. You may not use any trademarks or service marks shown on the Website without the prior written consent of Bandmans. You do not acquire ownership rights to any content, document or other materials viewed through the Website. You may not remove any copyright, trademark or other proprietary notices from such materials.
RULES OF CONDUCT
While using the Website or placing an order, you agree to comply with all applicable laws, rules and regulations. In addition, your use of the Website is conditioned on your compliance with the rules of conduct set forth in these Terms and Conditions. Failure to comply may result in termination of your access to the Website, or inability to place future orders with the company.
You agree not to:
Use the Website to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation privacy rights or rights of publicity, and laws regarding the export of data or software to and from the US or other countries, or to harvest or collect information from or about users of the Website. Post, transmit or otherwise make available through or in connection with the Website or any order: any information or materials that are or may be, or the posting, transmission or use of which is or may be: (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory or libelous; (c) fraudulent or tortuous, or likely to deceive any person; or (d) obscene, indecent, pornographic or otherwise objectionable; collect, harvest or post anyone else’s private information, including personally identifiable information (whether in text, image or video form), identification documents or other information through the website any information or materials that are or may be, or the posting, transmission or use of which is or may be, protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right; any material that would give rise to criminal or civil liability or encourages illegal activities;
any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is harmful or invasive or that may or is intended to damage, hijack, disable, interfere with or disrupt the operation of, or monitor the use of, any hardware, software or equipment; or any unsolicited or unauthorized advertisements, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation that is not expressly approved by us in writing in advance; Use the Website for any fraudulent or unlawful purpose or in violation of these Terms and Conditions or to engage in any act that we deem to be in conflict with the spirit or intent of the Website, including but not limited to circumventing or manipulating these Terms and Conditions or any policies.
Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website; or express or imply that we endorse any statement you make.
Interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available; or violate any requirements, procedures, policies or regulations of such networks.
Modify, adapt, translate, reverse engineer, de-compile or disassemble any portion of the Website.
Create a database by downloading and storing Website content. Use any robot, spider, or other manual or automatic device to retrieve, index, or in any way gather Website content or reproduce or circumvent the navigational structure or presentation of the Website without our express prior written consent. If we are made aware of any information or materials posted, transmitted or otherwise made available through or in connection with the Website that may be a violation of any law, regulation or right of a third party, or a violation of these Terms and Conditions, we have the right, but not the obligation, to remove or disable access to the respective information or materials.
Bandmans denounces acts of harassment, be it online, over the phone, or through email. This includes but is not limited to bullying, verbal harassment, physical threats, or stalking. Should we feel that users have engaged in these activities, they will be refused our service, and potential refunds will be made void.
REGISTRATION; USER NAMES AND PASSWORDS
From time to time, certain sections of the Website may be restricted to registered users. When a registration procedure applies, you may be required to register with Bandmans in order to access certain areas of the Website. You agree that all Information you provide will be correct, current and complete. We may refuse any registration for any reason. If a password is required for any purpose, you are responsible for maintaining the confidentiality of any password you may use to access the Website, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Website, to any third party.
You are responsible for all transactions (including any information transmitted in connection with any transactions) and other interactions with the Website that occur in connection with your user name. You agree to immediately notify us of any unauthorized use of your password or user name or any other breach of security related to your account, your user name or the Website.
We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
You agree to defend, indemnify and hold harmless Bandmans from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees from or related to use of or inability to use the Website.
ORDER AND PAYMENT OPTIONS
Orders may be placed by mail at Bandmans, 3525 Ladybird Lane, Dallas, Texas, 75220; by phone at 214-350-0631; email at or through our website at Bandmans.com. You must designate one of the following payment methods for your order. All orders are subject to approval and acceptance by an authorized representative of Bandmans.
Payment must be received in U.S. funds. School Checks, Booster Checks, Cashier’s Checks, Certified Checks, and Money Orders accepted. We do not accept multiple checks from individual team members on team orders. One check or money order will be accepted from each team or organization. A $50.00 service fee will be charged on all returned checks. A returned check on an order will cause the entire order to be pulled from production and placed on hold until payment is resolved.
Purchase Orders will only be accepted from state-recognized schools or districts. Private organizations such as Academies, Gyms, Band Parents, Band Boosters, Dance Studios and Leagues must pay by check or credit card. We reserve the right to require an alternate form of payment from any customer. Mailed, faxed, or emailed copy of an Official School or District Purchase Order signed by Superintendent, Principal, or Business Manager is required. Payment Terms are Net 30 Days. Orders placed by phone will not be processed until copy of Purchase Order is received.
Visa, Master Card, American Express, and Discover are accepted. Cardholders must provide name, billing address, telephone number, card number, expiration date, email, and 3-digit CVV number. Paypal and Venmo are also accepted pending approval by an authorized sales representative. Wire transfer is acceptable for international orders.
TAX EXEMPT ORGANIZATIONS
Schools do not pay tax. Non-profits and church organizations must include a signed exemption certificate prior to submitting an order. Without this certificate, we are required by law to charge the required sales tax to Texas Residents. If the exemption certificate is not provided at time of purchase, we are unable to refund any sales tax charged on your order.
Manufacturing of your order will not begin until the order is complete; including style, color, sizing, quantity, shipping address and payment information is received. Bandmans must receive full payment, or a deposit agreed upon previously, before manufacturing can begin.
SAMPLES AND SIZING KITS
Some samples of Bandmans products and “sizing kits” of select materials are available for purchase by calling our office. All items requested must be covered by one of our Payment Options (see above). Samples and sizing kits may be inspected and returned within 30 days to receive full refund or credit. All items must be returned in new, salable condition, to receive refund or for your account to be credited. Before items are returned, you must first obtain a Return Authorization Number from our Bandmans. Customer is responsible for return shipping.
LOGOS AND ARTWORK
If you provide logos or artwork to Bandmans for use in manufacturing custom items, you agree that the artwork accurately depicts your desired design features. Bandmans may edit the artwork to meet printing and manufacturing standards. This may include, but is not limited to, removing colors, trimming borders, altering shades and simplifying textures. You warrant that all artwork complies with these Terms and Conditions. Customers assume all legal responsibility should a requested logo infringe upon the copyright, trademark or intellectual property or proprietary rights of others. Bandmans reserves the right to refuse to accept Artwork that it is unable to adapt to meet printing and manufacturing standards, or that it believes violates the rights of third parties or will cause offense or embarrassment to any person or group.
All prices are subject to change without notice. Quotes requested from a sales representative will be honored for 30 days from creation.
Checks returned to Bandmans due to insufficient funds will be charged $50.00. All invoices with an outstanding balance on accounts for more than 30 days are subject to a 2% per month delinquency fee (24% annually). Delinquency fees will be added to statements monthly. In the event that action is required on the part of Bandmans to collect the amount owed, the buyer shall pay Bandmans all costs of collection including reasonable attorney fees.
ADDITIONS TO PREVIOUS UNIFORM ORDERS
Bandmans will manufacture additional uniforms to match the style of uniforms purchased in a previous order. Additional uniforms will be priced according to the quantity purchased. Prices are subject to increase or decrease based on availability of fabrics and production schedule. Additional uniforms will be considered a new order and appropriate manufacturing time and shipping will apply. Uniforms cannot be cancelled in an existing custom order once the order has been placed into production. You may be asked to provide a uniform from your previous order to ensure correct duplication.
If a customer would like to have older uniforms or uniforms from another manufacturer duplicated, they may, pending approval from a Bandmans artist or sales representative. Please have a sample garment shipped to our company after your order has been placed for our production team to reference. This sample garment will be shipped at the customer’s expense and returned at the businesses’ expense. If a sample uniform cannot be provided, multiple photographs of the uniform from various angles at high resolution may be accepted. Bandmans is not liable for variations that may arise while duplicating uniforms.
Bandmans strives to maintain standard colors with all of our merchandise. However, it is scientifically impossible to achieve a perfect color match from one dye lot to another. A slight shade or dye lot difference may be noticeable between orders, different fabrics, and under different lighting. Please be specific when requesting the shade of color you desire (ex: Royal Blue, instead of blue). Please use the Pantone Matching System (PMS) where appropriate. Bandmans is not responsible for incorrect color matches.
A manufacturing timeframe for custom items will be provided to once your order has been placed. Manufacturing timeframes are an estimated time of manufacturing, and are subject to change without prior notice to you. Manufacturing of your order will not begin until the order is complete; including style, color, sizing, quantity, shipping address and payment information is received. Bandmans must receive full payment, or a deposit agreed upon previously, before manufacturing can begin. Bandmans is not to be held liable for any delay or failure due to conditions beyond our control, which include but are not limited to delivery delays, weather, strikes, raw material availability, and other unavoidable circumstances.
Occasionally, a question about your order may require us to contact you. Should this occur, your order will be placed on hold until we are able to contact you and resolve the issue. We will make every attempt to reach you regarding the issue. Please respond to all correspondence promptly to prevent any further delay in your order. Customers accept responsibility for any delays in the delivery of your order that are caused by customer’s delay in communication.
RISK OF LOSS
The risk of loss and title for all items purchased from Bandmans pass to you upon our delivery to the customer.
Customized or originally built materials are not returnable, unless agreed upon by a Bandmans production or sales staff. Authorized returns on custom apparel will be pending proof of faulty fabric, stitching, or construction. Any evidence of extended use or destructive wear will void the return agreement. Returns and exchanges will be accepted on in-stock and non-customized apparel, pending approval from a Bandmans production or sales staff. All returns must be made within 30 days of purchase. Returns are subject to 20% restocking fee, unless exchanging. Please provide the RA# on the outside of your package and include this form in the return package. Shipping cost for sending out exchanged items will need to be collected before new items ship.
Merchandise is non-returnable after 30 days from the date the package was delivered as noted by the respective delivery service. Any goods not returned in this period will result in the customer keeping the goods and being responsible for all charges. The customer is responsible for return shipping on returns. Shipping charges are not refundable unless the merchandise is found to be defective by the manufacturer, or if an incorrect shipment is the result of a Bandmans error.
Special design or custom-made items cannot be returned. Custom items include but are not limited to custom garments, custom warm-ups, any garments or items with screen print, embroidery, or any other customization. Briefs, bodysuits, and tights along with hair accessories cannot be returned due to health reasons. Items worn or soiled cannot be returned.
It is the customer’s responsibility to review quotes, order acknowledgements, notes during phone calls and email exchanges with representatives for accuracy and correct details that align with their desired product. When you receive an order, please open all boxes immediately. If there is a discrepancy with your order, you must report it to our office within 3 days of delivery. If you do not report discrepancies to our office in this time frame, we cannot guarantee a fix can be implemented. Please have recorded evidence (via the materials above; i.e. email exchange, order acknowledgement, etc.) that the details agreed upon where correct upon ordering, and incorrect upon receiving. Bandmans is not liable to fix orders that were ordered incorrectly by the customer, and will not be held liable if customer does not have recorded exchange wherein the correct details were agreed upon. Should a fix be issued, additional shipping charges may apply on the replacement or correction of your order. In the event of missing items, duplicate shipments, incorrect sizes or color, lost shipments, or product design defects, please contact Bandmans immediately.
Because shipping is handled by companies outside of our own (such as UPS, USPS, DHL, and others) occasionally, a shipment will become damaged in transit. If your shipment arrives damaged, please take the following steps: notify the shipping carrier of damage to the package, and open all packages immediately. Save all shipping materials provided.
Please notify Bandmans within 3 business days. We will investigate your order promptly to determine which party is at fault, and which party will be responsible for replacing your item.
Most shipments in 48 contiguous states are made via UPS, FedEx, or USPS Priority Mail. Next day, 2-day, 3-day select, and Saturday shipping available for an additional charge. Normal Item lead times apply. Call for pricing and carrier on overseas shipping. Most stock items are processed within 1-2 business days of order/approval and should arrive 2 to 6 business days later. Upgraded shipping does not affect order processing time and only applies to transit time to the customer. Custom-made and special design items will be shipped after they are manufactured.
Shipping Charges: All international orders are shipped via UPS or Priority Mail International. Shipping costs on international orders are quoted on an individual basis. If you place an order via our website, we will calculate the shipping costs and email a quote for your approval prior to processing the order. Any published shipping charges do not apply to orders shipped beyond the continental United States.
Duties/Taxes/Brokerage Clearance Charges: In all cases, the recipient is responsible for all duties and taxes levied by the local governing authority along with any costs associated with clearing the shipment with customs authorities. We are not able to estimate these charges. If you need to estimate your local costs, we suggest you contact the appropriate authorities with your order information.
Shipping Timeline: International orders may take additional time to process due to the completion of additional documents required for shipping and item availability. We generally ship all international orders in a single shipment upon completion of the order to minimize the shipping expense to our customers. If you require certain items to be shipped as soon as available, please notify us in writing and we will quote the shipping costs based on your requirements. Please note that shipping international orders in multiple shipments is considerably more expensive.
DISCLAIMER OF WARRANTIES
EXCEPT FOR THE ABOVE WARRANTY, ANY PRODUCTS OR SERVICES PROVIDED BY BANDMANS INCLUDED OR OTHERWISE MADE AVAILABLE TO YOU ARE PROVIDED BY BANDMANS ON AN “AS IS” AND “AS AVAILABLE” BASIS. BANDMANS MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AND YOU EXPRESSLY AGREE THAT YOUR USE OF PRODUCTS OR SERVICES PROVIDED BY BANDMANS IS AT YOUR SOLE RISK. BANDMANS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AND/OR INDEMNITIES AGAINST INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS. TO THE FULLEST EXTENT PERMITTED BY LAW, BANDMANS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, THE CATALOG AND THE USE THEREOF. BANDMANS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S OR CATALOG'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE.
LIMITATION OF LIABILITY
REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION, WHETHER BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHERWISE, BANDMANS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF USE, AND COST OF CAPITAL. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WITH RESPECT TO ANY PURCHASES, BANDMANS LIABILITY SHALL IN NO EVENT EXCEED THE ORIGINAL PURCHASE PRICE OF THE SPECIFIC GOODS GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS OF LIABILITY REPRESENT THE ALLOCATION OF RISK BETWEEN THE PARTIES AS REFLECTED IN THE PRICING OF GOODS OFFERED BY BANDMANS, AND ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. IN NO EVENT SHALL BANDMANS, ITS AGENTS OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE, BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES) RESULTING FROM ANY (I) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE OR PURCHASED ITEMS, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THE CATALOG, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT BANDMANS SHALL NOT BE LIABLE FOR YOUR SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE AGGREGATE LIABILITY FOR BANDMANS FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE WEBSITE IS LIMITED TO $100.