Terms and Conditions
These Terms and Conditions govern all purchases and use of services provided under the Eraine Clothing business operations. The contracting entity for each order shall be the legal entity stated in the relevant quotation, invoice, or order confirmation, including where applicable CV Eraine Clothing or PT Eraine Azam Utama or Eraine Clothing or Eraine Creative Sdn Bhd (“we”, “us”, “our”, or “Eraine”).
By accessing our website, requesting a quotation, placing an order, making payment, approving a design, or otherwise engaging our services, you (“customer”, “you”, or “your”) acknowledge and agree to these Terms and Conditions.
We reserve the right to amend these Terms and Conditions from time to time. Any amendment will apply to future transactions unless otherwise agreed in writing.
1. General Terms
- All content on our website and business materials, including text, images, graphics, photographs, videos, mockups, and other materials created by Eraine, is protected by applicable intellectual property laws.
- Unauthorized reproduction, copying, distribution, or commercial use of such content is prohibited.
- We reserve the right to refuse service or discontinue a business relationship where reasonably necessary, including in cases of fraud, abuse, unlawful activity, or serious misconduct.
2. Order Process and Design Approval
- Custom clothing orders will proceed to production only after the required order details, specifications, payment, and design approval have been completed.
- Customers are responsible for carefully reviewing all final mockups, artwork, specifications, wording, spelling, logos, colors, placement, measurements, quantities, and other order details before approval.
- Written confirmation of the final design constitutes approval for production.
- Once approval has been given, the customer accepts responsibility for all elements shown or stated in the approved design and specification.
- Customers are responsible for checking and confirming the applicable size chart and size breakdown before production. Where garments are produced according to the confirmed size chart and measurements, dissatisfaction relating solely to fit or customer size selection will not be considered a manufacturing defect.
- Customers must respond promptly to design approvals and production-related questions. Delays in customer response may result in corresponding delays to the production and delivery schedule.
- Once production has commenced, changes to design, quantity, sizing, colors, materials, decoration placement, or other specifications may not be possible. Any agreed changes may incur additional charges and extend the production timeline.
- Pre-production samples, where offered, are subject to our applicable minimum order requirements, production feasibility, additional charges, and specific terms stated in the quotation or order confirmation.
- We are not responsible for dissatisfaction resulting from specifications, artwork, sizing, colors, placements, or other details that were clearly shown, stated, and approved by the customer prior to production.
3. Standard Logo and Application Sizing
- Unless specifically requested and agreed otherwise, logos, text, embroidery, prints, patches, and other decoration elements will generally be produced at a consistent standard size across all garment sizes within the same order.
- As a result, the same decoration may appear proportionally larger on smaller garments and proportionally smaller on larger garments.
- If proportional resizing or scaling of artwork according to garment size is required, this must be requested before final design approval.
- Such scaling may affect artwork preparation, production methods, and pricing.
- Proportional differences resulting from the use of a standard decoration size will not be considered a manufacturing defect where no scaling requirement was agreed in advance.
4. Production Timeline and Delivery
- Production timelines vary depending on order quantity, design complexity, materials, decoration methods, supplier availability, and production workload.
- Any production or delivery date provided is an estimate unless expressly confirmed in writing as a guaranteed deadline.
- Production timelines begin only after all required specifications, approvals, and payments have been completed.
- Delays caused by late customer approvals, specification changes, incomplete information, or additional requests may extend the production timeline.
- We are not responsible for delays caused by courier companies, freight forwarders, customs authorities, transportation disruptions, supplier disruptions, extreme weather, natural disasters, government actions, strikes, or other circumstances reasonably beyond our control.
- International customers are responsible for customs duties, taxes, import charges, permits, or other charges imposed by the destination country unless expressly included in our quotation.
- A production or delivery delay arising from circumstances outside our reasonable control does not automatically entitle the customer to cancel a custom order or request a refund, subject always to applicable law and any specific written agreement between the parties.
5. Pricing and Payment
- Prices are calculated based on factors including garment type, quantity, material, design complexity, decoration method, size breakdown, packaging, and delivery requirements.
- Customers must provide complete and accurate order information before a quotation can be finalized.
- Unless otherwise specifically stated in writing, full payment is required before production begins.
- Payment may be made through bank transfer or another payment method approved by us.
- An order is considered paid only after payment has been successfully received and verified.
- Any transaction fees, bank charges, intermediary fees, or currency conversion charges not expressly included in our quotation shall be borne by the customer.
- Changes requested after payment or order confirmation may result in additional charges and production delays.
- Production will not commence until the required payment and approvals have been completed.
6. Product Variations and Manufacturing Tolerances
- Custom garment production involves manual cutting, sewing, printing, embroidery, pressing, and finishing processes. Minor variations between individual pieces are therefore unavoidable.
- Slight variations may occur in garment measurements, stitching, print or embroidery positioning, fabric shade, fabric texture, and finishing.
- Fabric colors may also vary slightly between different production batches, dye lots, physical samples, photographs, computer screens, and finished garments.
- Reasonable manufacturing variations that fall within the applicable production tolerance will not be considered defects.
- Customers requiring particularly strict dimensional, color, placement, or technical tolerances must notify us before quotation and production so that feasibility and any additional production requirements can be assessed.
7. Returns, Complaints, and Remedies
- Because our products are custom-made according to the customer’s confirmed specifications, approved design, and selected sizes, we do not normally accept returns, exchanges, order cancellations, or refunds for change of mind, incorrect customer selections, or dissatisfaction with details that were previously approved.
- If there is a clear and verified manufacturing defect or production error attributable to us, we will investigate the issue and determine an appropriate remedy.
- Subject to the nature of the verified defect, the usual remedy provided by us will be repair of the affected item(s) or replacement/remaking of the affected item(s).
- All manufacturing complaints must be submitted in writing within 3 days of receiving the goods, together with clear photographic and/or video evidence sufficient to identify the affected item and issue.
- We may request additional photographs, videos, measurements, return of the affected item, or other reasonable evidence before determining the claim.
- Claims that cannot be adequately verified may be rejected.
- Repair, replacement, or remake will apply only to items verified as having a manufacturing defect or production error attributable to us.
- Matters arising from approved designs, confirmed specifications, customer-selected sizes, normal manufacturing tolerances, customer-supplied artwork or information, misuse, improper washing or care, alteration by third parties, or normal wear and tear will not be treated as manufacturing defects.
- Where a claim is accepted, we will normally resolve the matter through repair or replacement/remake rather than monetary compensation.
- Nothing in these Terms and Conditions is intended to exclude or restrict any remedy or statutory right that cannot lawfully be excluded under applicable law.
- Customers are encouraged to contact us directly and provide a reasonable opportunity for investigation and resolution before escalating a dispute publicly or through third parties.
- Public statements, reviews, or social media publications do not remove either party’s legal rights; however, false, misleading, defamatory, threatening, or unlawful publications may be dealt with separately under applicable law.
8. Receiving and Inspection
- Before packing and dispatch, orders are checked according to our internal quality-control procedures, which may include quantity checking, size verification, inspection, photographs, and/or video records.
- Upon receiving the shipment, the customer should inspect the external packaging before opening it.
- Any apparent parcel damage, tampering, incorrect quantity, missing item, or obvious delivery-related issue should be reported to us within 24 hours of receipt.
- Claims involving missing items or parcel tampering should, where reasonably possible, be supported by photographs or an uninterrupted unpacking video showing the parcel condition and contents.
- Manufacturing defects that become apparent during inspection must be reported according to the complaint period stated in Section 7.
- Our packing, inspection, photographic, and video records may be used as supporting evidence when assessing any discrepancy or claim.
- We reserve the right to compare customer evidence with our production, QC, packing, and dispatch records before determining the appropriate resolution.
9. Customer Conduct and Communication
- Customers and our representatives are expected to communicate in a professional and respectful manner.
- We may refuse or discontinue service in cases involving abusive, threatening, discriminatory, fraudulent, unlawful, or seriously disruptive behavior.
- Harassment, threats, repeated abusive language, fraudulent claims, deliberate manipulation of evidence, or misuse of our staff and communication channels may result in suspension or termination of the business relationship.
- Termination of communication or service does not remove either party’s existing obligations relating to an order already in production or completed.
- Any financial consequence of cancellation or termination will be determined according to the order status, costs already incurred, these Terms and Conditions, and applicable law.
10. Intellectual Property
- Original artwork, mockups, technical drawings, templates, and design materials created by our team remain the intellectual property of Eraine unless ownership has been expressly transferred in writing.
- Customers retain ownership of logos, trademarks, artwork, and other materials that they lawfully own and provide to us.
- By supplying artwork, logos, trademarks, characters, photographs, text, or other materials, the customer represents that they have the necessary rights or authorization for us to reproduce those materials for the order.
- We shall not be responsible for copyright, trademark, or other intellectual property claims arising from customer-supplied materials.
- The customer agrees to be responsible for claims arising from materials supplied by them where they did not have the necessary rights or permissions.
11. Limitation of Liability
- To the fullest extent permitted by applicable law, we shall not be liable for indirect, incidental, special, or consequential losses arising from an order, including loss of profit, loss of business opportunity, reputational loss, or losses resulting from delayed onward distribution.
- Our liability shall be limited to losses directly attributable to our breach, manufacturing error, or other responsibility established under applicable law.
- Subject to any rights or liabilities that cannot legally be excluded or limited, our aggregate liability relating to a particular order shall not exceed the amount paid to us for the affected order.
12. Governing Law and Jurisdiction
- The legal entity stated on the relevant quotation, invoice, or order confirmation shall be regarded as the contracting entity for that transaction.
- Unless otherwise expressly agreed in writing, these Terms and Conditions and the relevant transaction shall be governed by the laws applicable to that contracting entity and the transaction concerned.
- The parties shall first attempt in good faith to resolve any dispute through direct written communication and reasonable negotiation.
- If a dispute cannot be resolved amicably, it shall be referred to the competent court, tribunal, authority, or dispute-resolution forum having jurisdiction under the applicable law.
- Nothing in this section shall prevent a customer or Eraine from exercising any statutory right to bring a claim before a competent authority where such right cannot legally be excluded.
