Terms & Conditions

This document contains the terms and conditions which govern this site, and those sites linked to it in its entirety (collectively, the “Sites”).

Acceptance of Terms of Use. Embroidery Express Corp. (“Embroidery Express”) provides its on-line services, products and Web Site to you, the User (“User”), subject to this Terms of Service Agreement (“TOS”). Embroidery Express reserves the right to alter the TOS at any time without notice to User. By using the Embroidery Express web site, located at the URL: eex.delphinc.com

1. User accepts and agrees to abide by the terms of this TOS Agreement.

2. Registration.

Certain areas of the Embroidery Express web site are provided solely to registered Users of the web site. Any User registering for such services agrees to provide true and accurate information during the registration process. Embroidery Express reserves the right to terminate the access of such Users should Embroidery Express know, or have reasonable grounds to suspect, that a User has entered false or misleading information during the registration process or is in any way unsuitable for possession or purchase of firearms or ammunition, at Embroidery Express. All registered users must be of legal age to register and must be under no condition which objectively may result in failure of a criminal background check.  Embroidery Express reserves the right to require valid credit card information as proof of legal age. Embroidery Express maintains a strict on-line Privacy Policy and will not sell or give your personal information to other parties.

3. Third Party Content, Sites and Services.

(a) For the convenience of the User, the Embroidery Express web site and content available through its site may contain features and functionalities that may link or provide you with access to third party content which content and third parties are completely independent of Embroidery Express. This may include web sites, servers, networks, systems, information, databases, applications, software, programs, products or services and general access to the Internet. (Hereinafter such unrelated parties providing such content are referred to as “Third Parties”)

(b) Embroidery Express does not investigate, certify or approve any Third Party or other user of the Service. Embroidery Express is not and will not become a Party to Users’ business dealings and interactions with the Third Parties, including payment for and delivery of goods or services and any other terms, conditions, warranties or representations associated with such Third Party. Such business dealings solely concern User and the Third Parties, and Embroidery Express. User is advised to make all appropriate investigations before proceeding with any online or offline transaction with any Third Party.

(c) Embroidery Express shall not be responsible or liable for any loss, damage, cost or expense of any type whatsoever incurred as the result of any dealings or other interactions with Third Parties. Disputes between User and a Third Party shall not obligate Embroidery Express in any manner and Embroidery Express is not obligated to become involved in the dispute. User hereby releases and agrees to hold Embroidery Express, its officers, employees, agents and successors harmless from claims, demands and damages (actual and consequential) of every kind whatsoever, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or the Service.

4. Risk of Loss.

All items purchased from Embroidery Express are shipped from Embroidery Express’s facilities pursuant to a shipment contract. Conditional title to such items passes to the User upon delivery to the carrier. User assumes all risk of loss after Embroidery Express delivers the items to the carrier. User understands that “Conditional Title” as referenced above means that such Title can be forfeited if User does not pass a background check as required by federal and/or state laws prior to delivery of the item to User.

5. Product Descriptions.

Embroidery Express attempts to describe its goods and products as accurately as possible. Embroidery Express does not warrant or guarantee that the product descriptions or other content of this site is accurate, complete, reliable, current or error-free. If a product offered by Embroidery Express is not as described, User’s sole remedy is to return the non-conforming product in unused condition.

6. Disclaimer of Warranties.

User agrees that use of the Embroidery Express site and the service is entirely at user’s own risk.  The Embroidery Express site and the service are provided on an “as is” or “as available” basis, without any representations or warranties of any kind.  All express and implied warranties, including, without limitation, the warranties of merchant liability, fitness for a particular purpose and noninfringement of proprietary rights of the goods sold through the website are expressly disclaimed to the fullest extent permitted by law.  Embroidery Express disclaims any warranties for the security, reliability, timeliness, accuracy and performance of the Embroidery Express Site and the service.  To the fullest extent permitted by law, Embroidery Express disclaims any warranties for other services or goods received through, advertised on, or accessed through links on the Embroidery Express site.  Embroidery Express disclaims any warranties for computer viruses, malware or other harmful components in connection with the Embroidery Express site of the service.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you.

7. Limitation of Liability.

Under no circumstance shall Embroidery Express be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if Embroidery Express has been advised of the possibility of such damages) resulting from any use of the Embroidery Express  site or services, whether such damages arise from use or misuse of the Embroidery Express site or service, from inability to use the Embroidery Express or the service, or the interruption, suspension, modification, alteration or termination of the Embroidery Express site or service.  Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the Embroidery Express site or the service of any links on the Embroidery Express site as well as by reason of any information or advise received through or advertised in connection with the Embroidery Express site or service.
Any links of the Embroidery Express site.  These limitations shall apply to the fullest extent permitted by law. A

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.

8. Disclaimer Liability.

In no event shall Embroidery Express be liable for any special, indirect, punitive or consequential damages resulting from any use or performance of or content errors or omissions in the information, even if notified in advance of the potential for such damages.  All users of the information agree that access to any use of the information is subject to the terms and conditions set forth in the User Agreement, as well as all applicable laws, and such access and use is at the user’s own risk. Our products are intended for adult use only.

9. Website User Warranties.

User agrees that all the details and representations User has made to Embroidery Express, wherever made, including without limit during any registration as a User on our Website, are true and correct to the best of User’s knowledge, and that if User has registered, then User has received working User credentials, including password and User ID. from Embroidery Express, and that User is familiar with the features of Embroidery Express’ Website and has reasonable access to the Website via the Internet at all times. User further agrees and understands that User can not purchase anything from Embroidery Express nor transact any purchases or sales of goods or other business with Embroidery Express by any means other than through its Website and the order forms and proper procedures established there. No orders or business may be transacted via email, even if an email contact feature is part of the Website.

10. Goods Identified To The Contract.

User hereby agrees to buy from Embroidery Express the goods listed with specificity in User’s Website shopping cart attached to User’s account, upon User’s clicking the button entitled “Confirm Purchase.” (Collectively such goods shall be referred to in this Agreement as the “Goods”). Once User has clicked the “Confirm Purchase” button, the sale shall be final and subject to the terms and conditions of this Agreement. The time and date of such click shall be the “Date of Purchase” or “Purchase Date.” Each time User clicks the “Confirm and Ship My Order” button shall constitute a separate transaction governed by a fresh instance of this Agreement, as evidenced by the different Date of Purchase relating to each. However, clicks on the Confirm Purchase button which occur within 60 seconds of one another and relate to identical Goods shall be construed as a single click and single purchase, unless context or the facts reasonably appear otherwise.

11. Payment.

User will pay the total due described in User’s shopping cart, and, in addition User shall pay any and all applicable taxes, shipping and handling charges, regardless of whether such taxes shipping or handling are described in the shopping cart (Hereinafter, the price of the goods, plus the taxes and shipping charges are referred to as the “Payment Amount”). User agrees to pay the Payment Amount in the currency of the United States of America. The Payment Amount is due immediately on the Purchase Date. In the event User’s payment method fails, or, for any reason, Embroidery Express does not actually receive User’s Payment Amount, User shall owe, in addition to the Payment Amount, interest on the unpaid balance at 1.5% per month (18% per annum), from the Purchase Date until the Payment Amount is actually received. All payments shall be by Credit or Debit Card. User can order online using Embroidery Express’ secure server. Embroidery Express accepts Visa, MasterCard, American Express, and Discover. All use of credit cards must include the billing address on the credit card. All transactions are authorized for the full amount at time the order is placed.

12. Payment Default.

In addition to Embroidery Express’ other rights and remedies at law or equity, failure of the Payment Amount, for any reason, including, without limit, credit or debit card denial or check returned for insufficient funds, shall entitle Embroidery Express, at our option and without any notice to User, to void User’s purchase or transaction, cancel shipment of User’s Goods, and hold title thereto. The remainder of this Agreement shall remain in force as if Embroidery Express had shipped the Goods to User, and User had received them to User’s total satisfaction without right of return, claim or refund. User shall have no further rights under this Agreement. Embroidery Express may freely thereafter re-sell the Goods to any third party without notice or obligation to User, and Embroidery Express may keep any and all partial payments or consideration paid by User for the goods. User will not be entitled to any credit relating to any amounts forfeited towards any future purchases. Embroidery Express shall also have the right to receive, and User has the obligation to pay, any costs, fees, charges, or expenses of Embroidery Express relating to or resulting from User’s failure of payment, including without limit the restocking fee below.

13. 20% Restocking Fee.

In the event User is in default under this Agreement, Embroidery Express will become entitled to void any attempted purchase User has made. In addition, User agrees to pay a “Restocking Fee” equal to 20% of the Payment Amount, as nonexclusive reasonably related liquidated damages, and not as a penalty, to cover Embroidery Express’ cost, expense and inconvenience relating to such default.

14. Shipping Procedure

Embroidery Express’s actual receipt of the Payment Amount for the related Goods constitutes an “Order”.

15. Shipping Charges and User Assumption of Shipping Risk

Shipping charges for all Orders shall be as described in the ‘total due’ description of your shopping cart, as summarized in any order confirmation generated by Embroidery Express’s Website. In the event no shipping description exists, then the User shall pay any and all shipping, freight, delivery and insurance costs relating to the Order, upon demand, and shall hold Embroidery Express harmless for any delay or default relating to any shipping of the Order. Embroidery Express shall use any third party shipper at its sole discretion, and makes no warranty express or implied as to the quality or adequacy of any shipping company or the successful delivery of the Goods to User. User agrees to assume all risks relating to any default by any third party shipping company. Embroidery Express shall decide at its sole discretion the method of shipment to be used, even though such choice has financial consequences for User. User’s specification of an ineligible or impossible destination for shipment results in forfeiture of the Payment Amount, without refund, and cancellation of the order, without credit or further recourse against Embroidery Express. No Goods will be shipped to areas in which sales or delivery of Goods is restricted by law.

16. Indemnification from Third Party Claims

User agrees to indemnify, defend, and hold Embroidery Express and its owners, agents, attorneys, successors, and assigns, harmless for and against, any third party claims relating directly or indirectly to the goods, delivery of the goods, claims of  product liability, negligence, or claims arising from user’s failure to be legally entitled to take possession of the goods whether bought by governmental authorities or private persons.

17. User’s Warranties.

As an inducement for Embroidery Express to enter into this agreement, sell the Goods to user and provide the services under this Agreement, User promises, warrants and swears as follows, knowing that Embroidery Express and others will rely upon such promises:

a. User’s Qualifications. User warrants that User, in all respects, is qualified to take possession of the Goods as of the time of this Agreement and that User has no reason to believe that User may not take possession.

b. License. User promises that it has any and all licenses, certifications, registrations, qualifications, tests, visas, status documents, approvals, bonds, or other legal, quality or regulatory requirements (“Licenses and Certifications”) necessary or required for entering into this Agreement, purchasing, and taking possession of Ordinance and the Goods;

c. Restricted Access by Children. User warrants that the Goods when not in use will be at all times stored in a safe and inaccessible to any minors, and that User will not permit handling, possession or use of the Goods by minors and will take all reasonable steps to prevent such.

18. Non-Disparagement/Power of Attorney.

User agrees to refrain from publishing, in any manner including without limit, in writing, or by text, tweet, fax, upload, online comment, blog, review, forum, or other method of communication viewable to anyone not a party to this Agreement, any disparaging, critical, slanderous, libelous, report, opinion or utterance relating directly or indirectly to Embroidery Express, its Goods, Ordinance, websites, owners, agents, affiliates, attorneys or assigns, agreements, services or other Users (a “Disparagement”). User hereby grants Embroidery Express an irrevocable power of attorney for the sole purpose of contacting any third party able to remove such Disparagement and requiring them to remove it, and you hereby consent to such removal. Embroidery Express shall determine at its sole discretion what constitutes a substantially negative, disparaging or critical comment or opinion under this section, and User agrees to abide by and not contest such determination.

19. Limitation of Actions.

No claim or action concerning, related to, or arising out of this Agreement or any breach of or default under this Agreement, may be commenced by User more than six (6) months after the occurrence of any alleged breach or default by Embroidery Express. Notwithstanding the foregoing, Embroidery Express’s claims against User under this Agreement shall enjoy the entire limitation of actions period specified in the applicable state or federal statute. User understands that Embroidery Express is hereby allowed more time to bring claims against User than User is allowed to bring claims against Embroidery Express.

20. Modifications/Effect of Waiver.

No waiver or modification of this Agreement, in whole or in part, will be valid unless in writing executed by each of the Parties. No verbal or email course of dealing shall alter the effect of this requirement. No waiver of any term, condition or provision of this Agreement will constitute a waiver of any other term, condition or provision hereof, nor will a waiver of any breach of any term, condition or provision constitute a waiver of any subsequent or succeeding breach.
21. Assignment.

User may not assign any rights or obligations under this Agreement. Embroidery Express may assign all rights and obligations hereunder, without notice to User, regardless of whether such assignment is to the possible detriment of User.

22. Attorney’s Fees.

If any dispute arises in any claim or litigation between the Parties under this Agreement, the prevailing Party shall be entitled to its actual costs relating thereto, including without limit its actual attorney’s fees and costs.

23. Choice of Law/ Venue/ Interpretation/ Remedies.

The Parties agree that this Agreement shall be governed by the laws of the State of Georgia, excluding its conflicts of laws provisions, and that venue of all actions arising under this Agreement shall be in Atlanta, Georgia. User hereby consents to the jurisdiction and venue of any arbitration or judicial entity located in Atlanta, Georgia. No presumption shall arise due to one Party having drafted this Agreement. Unilateral clauses have been bargained for and shall not be construed as operating bilaterally. Titles and captions herein are for identification only and are not a part of this Agreement, nor shall they have any interpretive weight in any dispute regarding this Agreement. The Parties agree that, in addition to any damages awarded under this Agreement the prevailing party may be entitled to additional equitable remedies and that any such equitable remedies shall be non-exclusive and may be obtained without requirement for posting any bond. The Parties hereby waive the right to trial by jury of any dispute arising out of this Agreement or the conduct of the relationship between the Parties.

24. Arbitration.

The parties further agree that all disputes arising under this agreement shall be subject to final and binding arbitration pursuant to the commercial arbitration rules of the American Arbitration Association. The filing fees, costs and arbitration administration fees and Arbitrator’s fee will be paid by the non-prevailing party. If, despite the foregoing, User initiates an action against Embroidery Express in any state or federal court, User shall be required to pay Embroidery Express costs in any Motion to stay the proceeding or to refer the case to arbitration, in addition to any other costs assessed hereunder, irrespective of whether User ultimately prevails in the claim.

ALL ORDERS PLACED USING THE Embroidery Express WEBSITE ARE SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. USE OF THE Embroidery Express WEBSITE, AND ORDERING FROM Embroidery Express USING ITS WEBSITE SHALL CONSTITUTE ACCEPTANCE OF ALL OF ITS TERMS AND CONDITIONS BY USER.