These Terms and Conditions govern all custom merch design, sourcing, and production services provided by Intervyx Design Co, LLC, doing business as She's Too Merch ("we," "us," or "our"). By approving your merch estimate, proposal, or invoice, you ("Client" or "you") agree to be bound by these Terms and Conditions in full.
Custom Nature of Goods
The goods we produce, including but not limited to apparel, packaging, stationery, signage, and promotional products (the "Merch"), are custom-manufactured to your specifications, including your approved artwork, colors, sizing, and materials. Because Merch is made to order and is not held as general inventory, it cannot be resold or repurposed for another client if you do not accept delivery.
Manufacturing Partners
We may, at our sole discretion, use subcontractors, printers, embroiderers, manufacturers, and other third-party vendors (collectively, "Manufacturing Partners") to produce some or all of your Merch. We remain responsible to you for our performance under these Terms, but we are not responsible for delays, defects, or issues arising from a Manufacturing Partner's independent error, subject to the Damaged or Defective Goods section below.
Proofs and Approval
We'll provide you with a digital proof and/or mockup of your Merch prior to production. You must review and provide written approval of, or requested changes to, all proofs within three (3) business days of receipt. Once you approve a proof, that proof is final, and we are not responsible for errors, including typos, misspellings, incorrect sizing, or color discrepancies, that were present in and approved on the proof.
If you request changes beyond what's included in your selected service package, an additional fee of $75.00 per revision will apply. Requests for revisions may extend your production and delivery timeline.
Use of Assets Prior to Final Payment
Please refrain from using any previews, mockups, proofs, or images we send you prior to final completion and delivery of your Merch.
Production Timeline
Production timelines are estimates and begin once you've approved your final proof and paid any required deposit in full. Actual production and delivery timing depends on our Manufacturing Partners and may be affected by order volume, material availability, and other factors outside our control. We'll communicate any known delays as soon as reasonably possible.
Shipping and Risk of Loss
Merch will be shipped to the address you provide. You're responsible for providing an accurate and complete shipping address. Risk of loss or damage to your Merch passes to you upon delivery to the shipping carrier. We're not responsible for lost, stolen, or delayed packages once shipped, though we'll reasonably assist you in filing a claim with the carrier.
Damaged or Defective Goods
If your Merch arrives damaged or defective due to a manufacturing or printing error, notify us in writing, with photos, within five (5) business days of delivery. We'll, at our discretion, arrange for a replacement or reprint of the affected item(s) at no additional cost. This is your sole and exclusive remedy for damaged or defective Merch. It doesn't apply to damage occurring after delivery, errors present in an approved proof, or normal variations inherent to the printing or manufacturing process, such as minor color or placement differences.
Fees and Payment
As full compensation for our services, you'll pay all fees in accordance with your estimate, proposal, or invoice. Fees are exclusive of taxes, duties, shipping, and governmental charges, which will be billed to and paid by you.
The deposit specified in your estimate is required for us to begin work and place any orders with Manufacturing Partners. This deposit is non-refundable. If we don't receive it within twenty-four (24) hours of your invoice date, we reserve the right to void your order.
We won't begin production until you've approved your final proof and paid the required deposit. We accept payment by credit or debit card, PayPal, or ACH transfer. We're not responsible for any fees associated with payment vendors, such as credit card processing fees.
Final payment is due at the agreed-upon date in your payment plan, and in all cases prior to production or shipment of your Merch. If we don't receive final payment within twenty-four (24) hours of the invoice date, we reserve the right to charge a $50 late fee for each business day the invoice remains unpaid, and to withhold production or shipment until payment is received in full.
If the scope of your order changes, we'll let you know before incurring any additional expenses, including materials, sample production, rush fees, or shipping surcharges, and we'll invoice you for these prior to production or delivery.
Returns, Exchanges, and Refunds
BECAUSE YOUR MERCH IS CUSTOM-MADE TO YOUR SPECIFICATIONS, ALL SALES ARE FINAL. WE DO NOT ACCEPT RETURNS OR EXCHANGES, AND ALL PAYMENTS, INCLUDING DEPOSITS, ARE NON-REFUNDABLE, EXCEPT AS EXPRESSLY PROVIDED IN THE DAMAGED OR DEFECTIVE GOODS SECTION ABOVE OR AS OTHERWISE REQUIRED BY APPLICABLE LAW.
You're solely responsible for reviewing and approving all proofs, including sizing charts, colors, quantities, and spelling, prior to production. Once you approve a proof and production begins, you may not cancel your order or request a refund for any reason other than a manufacturing or printing defect described above.
Your Content
You represent that you own all right, title, and interest in, or otherwise have full right and authority to permit the use of, any content, artwork, logos, or trademarks you provide to us, and that none of it will, to the best of your knowledge, infringe, misappropriate, or violate any intellectual property or other right of any third party.
No Warranty
OUR SERVICES AND YOUR MERCH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE'RE NOT LIABLE FOR ANY GOODS OR SERVICES PROVIDED BY OUR MANUFACTURING PARTNERS. YOUR REMEDY FOR DAMAGED OR DEFECTIVE MERCH IS DESCRIBED IN THE DAMAGED OR DEFECTIVE GOODS SECTION ABOVE.
Intellectual Property Ownership
We've developed certain tools, templates, techniques, and processes prior to working with you (collectively, "our Materials"). We may use and include our Materials in your project, and we retain all rights, title, and interest, including all copyrights, in them. These Terms don't grant you any license to our Materials beyond their use in your final deliverables.
Upon your full and final payment, all final artwork files created specifically for your order (the "Deliverables") are considered work made for hire for you, and you'll own all right, title, and interest in them. If you don't complete final payment, we retain all rights to the Deliverables and may reuse any ideas, concepts, or artwork developed for other clients or purposes. We also reserve the right to reasonably reproduce, publish, and display the Deliverables and photos of your Merch as described below.
Portfolio, Featured Work, and Social Media
You grant us a royalty-free, non-exclusive, worldwide, and perpetual license to photograph, reproduce, publish, and display your Merch, mockups, and Deliverables, along with your business name, logo, and brand assets, in our portfolio, featured work and case studies, website, proposals, marketing materials, and social media channels, including but not limited to Instagram, TikTok, and Threads, for the purpose of promoting and marketing our business. Where reasonably practicable, we'll credit your business by name or tag when posting Deliverables on social media.
Confidential Information
We may each disclose non-public information to the other in connection with your project. We'll each maintain that information in strict confidence, use it only to fulfill our obligations to each other, and won't disclose it to any third party without prior written approval, except to employees, subcontractors, or Manufacturing Partners who need it to complete your project. This doesn't apply to information that's already public, that we already lawfully possessed, or that's independently developed.
Indemnification
Each of us agrees to indemnify, defend, and hold the other harmless from and against all third-party claims, losses, liabilities, and expenses, including reasonable attorney's fees, arising out of our own gross negligence, willful misconduct, or material breach of these Terms.
Limitation of Liability
EXCEPT FOR OUR CONFIDENTIALITY AND INDEMNIFICATION OBLIGATIONS, NEITHER OF US IS LIABLE TO THE OTHER FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REGARDLESS OF THE THEORY OF LIABILITY. OUR TOTAL LIABILITY UNDER THESE TERMS WON'T EXCEED THE FEES YOU'VE PAID OR OWE FOR YOUR ORDER.
Your Responsibilities
You agree to comply with all reasonable requests from us, including submitting all required files, artwork, and specifications by the deadline requested, making timely decisions and providing feedback on proofs, making timely payments, and proofreading all proofs for typographic errors, misspellings, sizing, and color accuracy prior to approval. If you don't respond within five (5) business days of any request, we reserve the right to pause production, and your delivery schedule may be extended accordingly.
Cancellations
You may request to cancel your order at any time prior to the start of production by providing written notice. Because deposits are non-refundable, and the Returns, Exchanges, and Refunds section above governs refunds once production has begun, any amounts already paid won't be refunded, and you remain responsible for any fees or expenses we've already incurred, including costs owed to Manufacturing Partners.
Termination for Breach
Either of us may terminate our agreement in the event of an uncured material breach by the other, following ten (10) calendar days' written notice for a monetary breach, or thirty (30) calendar days' written notice for a non-monetary breach.
Relationship of the Parties
Our relationship is that of independent contractors. Nothing in these Terms creates an employment, agency, partnership, or joint venture relationship between us.
Force Majeure
Neither of us is liable for any failure or delay in performance, except for the payment of money, caused by circumstances beyond our reasonable control, including natural disasters, acts of God, labor disputes, supplier or manufacturing delays, shipping carrier disruptions, or governmental restrictions. We'll each use reasonable efforts to notify the other of such an event within three (3) business days of its occurrence.
Governing Law and Venue
These Terms are governed by the laws of the State of Wyoming, without regard to its conflict of laws principles. Any action arising out of these Terms will be brought exclusively in a state or federal court located in Sheridan County, Wyoming, and we both submit to the exclusive jurisdiction of such courts.
Attorney's Fees and Collection Expenses
If either of us incurs legal fees to enforce these Terms, the prevailing party is entitled to recover reasonable attorney's fees and related costs. If we incur collection costs, including reasonable attorney's fees, in connection with any amount you owe, you agree to reimburse us for those costs.
Assignment and Subcontracting
We may subcontract our obligations to a third party, including Manufacturing Partners, as described above. You acknowledge that we're not liable for, and make no warranty regarding, the performance of any third-party Manufacturing Partner, except as provided in the Damaged or Defective Goods section.
General Provisions
If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect. No waiver of any term is effective unless in writing and signed by an authorized representative of the waiving party. Any term that by its nature should survive termination, including Returns, Exchanges, and Refunds, Intellectual Property Ownership, Portfolio, Featured Work, and Social Media, Indemnification, and Limitation of Liability, will survive regardless of the cause of termination.
These Terms, together with your applicable estimate, proposal, or invoice, are the entire agreement between us and supersede any prior agreement or communication, whether written or oral. No modification of these Terms is valid unless in writing and signed by both of us.
Contact Details
Please contact us if you have any questions or concerns.
steph@intervyx.com
30 N Gould St., Ste. R, Sheridan, WY 82801
Last Revised Date: August 13, 2026