**Seven Clay Terms and Conditions**
**(Including Purchase and Sale Terms)**
**RECITALS:**
WHEREAS, these Terms and Conditions govern your use of the website sevenclay.com (the "Site") and any purchases of goods from Seven Clay (the "Seller"); and
WHEREAS, by accessing the Site, creating designs, or placing an order, you (the "Buyer" or "you") agree to be bound by these Terms and Conditions.
NOW, THEREFORE, the parties agree as follows:
**1. GOODS AND QUANTITY:**
The Seller agrees to sell and the Buyer agrees to purchase the goods in the quantities specified in your purchase order or checkout confirmation. Goods may include customizable products such as hats, t-shirts, and other apparel created via the Site. You acknowledge that all designs and customizations must comply with applicable laws and not infringe on third-party rights.
**2. PRICE:**
The total purchase price for the goods shall be the amount shown at checkout or in the related invoice. Prices are subject to change without notice.
**3. PAYMENT TERMS:**
Full payment is due on receipt or as otherwise agreed in writing. Seller may impose a 3% service fee when orders are paid for with Credit Card through Seller’s Point of Sale payment processor. No service fee shall be charged if payment is made via Cash, Check, Electronic Check, Cashiers Check, or ACH.
**4. DELIVERY:**
Hats and Custom Apparel: Delivery is estimated to take approximately forty-five (45) to fifty-five (55) days from the date of final customization of the custom sample. Delivery times for other products shall be as estimated on the Site.
**5. DELIVERY ESTIMATES:**
Delivery times are estimates only and are not guaranteed. Actual delivery may vary due to production schedules, shipping delays, material availability, or other circumstances beyond Seller’s reasonable control. Seller shall use commercially reasonable efforts to meet estimated times but shall not be liable for delays.
**6. SHIPPING AND HANDLING:**
- Orders of 100 pieces or less: $70.00 USD shipping paid by Buyer.
- Orders over 100 pieces: Seller pays shipping cost.
6.1 Delivery is FOB Seller’s manufacturing facility unless otherwise specified.
6.2 If you do not select a carrier, Seller will select a commercially reasonable carrier.
6.3 LOCAL ORDERS: Shipping discounts are available for orders within thirty (30) miles of distribution locations.
**7. INSPECTION AND ACCEPTANCE:**
You shall have five (5) days after delivery to inspect the goods and notify Seller in writing of any defects or discrepancies. If no written notice is received within this period, the goods shall be deemed accepted. Seller reserves the right to reject returns or refunds outside this period.
**8. WARRANTIES:**
ALL PRODUCTS ARE SOLD “AS IS” AND “WITH ALL FAULTS.” SELLER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. No oral statements or sales materials create any warranty. The Site and services are provided "AS IS" and "AS AVAILABLE," without guarantees of uninterrupted access or error-free operation.
**9. LIMITATION OF LIABILITY:**
You represent and warrant that you own or have all necessary rights to any artwork or designs submitted. Seller does not claim ownership of your submitted artwork. Seller shall not be responsible for damages to delivered goods after the five (5) day inspection period. You agree to hold Seller harmless from and waive any claims for personal injury related to Seven Clay custom apparel.
By placing an order, you warrant your authority to reproduce any logos or designs. You expressly consent to Seller displaying completed projects, your logos, and artwork on the Site, galleries, portfolios, Happy Customers/Client Banner, and other platforms.
You shall indemnify and hold Seller harmless from claims arising from your content, designs, or product use, including intellectual property infringements. Seller shall not be liable for indirect, incidental, consequential, punitive damages, or loss of data, profits, or business opportunities.
**9.1 FORCE MAJEURE:** Seller shall not be liable for failure or delay caused by events beyond its control, including natural disasters, pandemics, supply shortages, labor issues, government orders, or Site interruptions.
**10. GOVERNING LAW AND DISPUTE RESOLUTION:**
These Terms are governed by the laws of the State of Texas.
Any dispute must be reported in writing within 20 days of delivery. The parties agree to first attempt negotiation, then mediation by a mediator selected by Seller. Unresolved disputes shall be resolved by binding arbitration administered by the American Arbitration Association in Austin, Texas (or the nearest AAA facility). Arbitration follows the Commercial Arbitration Rules then in effect.
For non-arbitrable matters, exclusive jurisdiction lies in state and federal courts in Williamson County or Travis County, Texas.
**11. USER CONDUCT AND ELIGIBILITY:**
You agree not to upload infringing, harmful, or illegal content; spam; or attempt unauthorized access. You must be at least 13 years old. You grant Seller a non-exclusive, royalty-free license to use submitted designs for production and display. Seller may modify or remove user content and owns all Site content.
**12. PRIVACY AND DATA:**
Your use of the Site constitutes consent to the collection and use of personal information as described in the Seven Clay Privacy Policy.
**13. ENTIRE AGREEMENT:**
These Terms constitute the entire agreement and supersede all prior communications.
**14. AMENDMENTS:**
Amendments to these Terms must be in writing and signed, except Seller may update these Terms at any time without notice (continued use constitutes acceptance).
**15. NOTICES:**
Notices shall be in writing via personal delivery, certified mail, or overnight courier to addresses provided or updated in writing.
Electronic signatures and payment submission constitute acceptance of these Terms.
**16. COUNTERPARTS:**
These Terms may be executed in counterparts, each an original.
**17. SEVERABILITY:**
If any provision is invalid, the remainder remains in effect.
Last updated: February 10th, 2026
By using the Site or placing an order, you agree to these Terms and Conditions.
