Terms & Conditions

Welcome to Pacific Crest Branding (“we,” “us,” or “our”). These Terms & Conditions (“Terms”) govern your access to and use of our website located at [pacificcrestbranding.com] (the “Site”) and any related services, including but not limited to branding consultations, custom design services, product ordering, packaging solutions, and delivery services (collectively, the “Services”).

By accessing or using our Site or Services, you agree to be bound by these Terms. If you do not agree to all of these Terms, please do not use our Site or Services.

1. Definitions

“Customer” or “you” means any individual or entity that accesses the Site, requests a quote, places an order, or uses our Services.
“Products” means any physical goods, branded merchandise, custom packaging, or promotional materials offered or produced by Pacific Crest Branding.
“Services” means branding, design, consulting, production, printing, fulfillment, and delivery services provided by us.
“Order” means a request for Products or Services submitted by you through the Site or directly via our team.

2. Use of the Site

You agree to use the Site only for lawful purposes. You may not:

Violate any applicable laws or regulations.
Infringe upon the intellectual property rights of Pacific Crest Branding or any third party.
Transmit any harmful, fraudulent, or deceptive content.
Interfere with the security or performance of the Site.

We reserve the right to restrict or terminate your access to the Site at our sole discretion, without notice, for any violation of these Terms.

3. Intellectual Property

All content on the Site, including but not limited to text, graphics, logos, images, product designs, packaging concepts, brand guidelines, and software, is the exclusive property of Pacific Crest Branding or its licensors and is protected by copyright, trademark, and other intellectual property laws.

You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, or sell any content from the Site without our prior written consent. Any custom designs or branding assets created by us for you remain our intellectual property until full payment for the corresponding Services is received. Upon full payment, we grant you a non-exclusive, perpetual license to use the delivered final assets for your internal branding purposes, unless otherwise agreed in a separate written agreement.

4. Orders, Quotes, and Pricing

Quotes: Any quote provided by us is an estimate based on the information you supply. Quotes are valid for [30] days unless stated otherwise.
Order Acceptance: Your Order constitutes an offer to purchase our Products/Services. We may accept or reject any Order for any reason (e.g., product unavailability, pricing errors, or inability to verify payment).
Pricing: All prices are listed in [USD] unless otherwise noted. Prices do not include taxes, duties, or shipping charges unless expressly stated. We reserve the right to change prices at any time without prior notice, but such changes will not affect Orders already accepted.
Custom Work: For custom design or branding projects, the scope, timeline, and fees will be defined in a separate project proposal or agreement. These Terms supplement such agreements.

5. Payment

Payment terms are specified on your invoice or Order confirmation. Unless otherwise agreed:

Full payment is required before production or delivery of Products/Services begins.
We accept major credit cards, bank transfers, and other payment methods as indicated on the Site.
If payment is not received by the due date, we may suspend performance or cancel the Order.

For ongoing or large‑volume projects, we may require a deposit (e.g., 50%) with the balance due upon completion prior to shipment.

6. Production, Delivery & Shipping

Production Lead Times: Estimated production times are provided upon Order confirmation. Delays may occur due to material availability, design revisions, or other unforeseen factors. We will make reasonable efforts to notify you of any material delays.
Delivery: Delivery dates are estimates only. We are not liable for delays caused by carriers, customs, weather, or other events beyond our reasonable control.
Shipping & Risk of Transfer: For physical Products, risk of loss and title pass to you upon delivery to the carrier. Claims for lost, damaged, or misdirected shipments are your responsibility to file with the carrier. We will assist by providing necessary shipping documentation.
International Shipments: You are solely responsible for all customs duties, taxes, and import clearance fees. We are not responsible for delays or seizure by customs authorities.
Inspection: You must inspect all Products upon receipt and notify us within [7] days of any defects, shortages, or damage. Failure to notify within that period constitutes acceptance of the Products.

7. Returns, Refunds & Cancellations

Because many Products are custom‑made or branded specifically for you, our return policy is limited:

Custom/Branded Products: Non‑returnable and non‑refundable unless they arrive defective or not as specified in the approved design proof. If a defect exists, we will either replace the affected Products or issue a refund, at our discretion.
Non‑Custom Products/General Merchandise (if any): May be returned in original condition within [14] days of receipt, with return shipping costs borne by you. A restocking fee of up to [20%] may apply.
Service Cancellation: For design or consulting services, cancellation fees apply based on the stage of work. If you cancel before work begins, deposits may be refunded minus a handling fee. If work is in progress, you will be charged for all work completed up to the cancellation date.
Order Cancellation by Customer: Orders for custom Products cannot be cancelled once production has started. For non‑custom items, cancellation is possible within [24] hours of Order placement without penalty.

To request a return or refund, contact us at [insert email] with your Order number and detailed reason.

8. Limitation of Liability

To the maximum extent permitted by law, Pacific Crest Branding and its owners, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business interruption, arising out of or related to your use of our Site, Services, or Products.

Our total aggregate liability for any claim arising from these Terms or your use of the Site/Services shall not exceed the total amount you paid to us in the three (3) months preceding the event giving rise to the claim.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you.

9. Indemnification

You agree to indemnify, defend, and hold harmless Pacific Crest Branding and its affiliates from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or relating to:

Your use of the Site or Services in violation of these Terms.
Your violation of any applicable law or third‑party right.
Any content or materials you provide to us that infringe or misappropriate any intellectual property.

10. Disclaimer of Warranties

Except as expressly stated in these Terms, the Site, Services, and Products are provided “as is” and “as available” without warranties of any kind, either express or implied. We disclaim all implied warranties, including but not limited to merchantability, fitness for a particular purpose, title, and non‑infringement.

We do not warrant that the Site will be uninterrupted, error‑free, or free of viruses or other harmful components. No advice or information obtained by you from us shall create any warranty not expressly stated in these Terms.

11. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of California, USA , without regard to its conflict of laws principles.

Any dispute arising from or relating to these Terms or your use of our Services shall first be attempted to be resolved through good‑faith negotiation. If the dispute cannot be resolved within 30 days, it shall be submitted to binding arbitration in San Jose, California accordance with the rules of the American Arbitration Association. Judgment upon the arbitration award may be entered in any court having jurisdiction. Either party may seek injunctive relief in court to protect its intellectual property rights.

12. Changes to These Terms

We may update these Terms from time to time. The “Last Updated” date at the top indicates when changes were made. Your continued use of the Site or Services after any modification constitutes your acceptance of the revised Terms. If a change materially affects your rights, we will make reasonable efforts to notify you (e.g., via email or a notice on the Site).

13. Privacy

Your use of the Site and Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your personal information.

14. Miscellaneous

Entire Agreement: These Terms, together with any invoices, project proposals, or written agreements between you and us, constitute the entire agreement regarding your use of our Site and Services.
Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Waiver: Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign these Terms freely in connection with a merger, acquisition, or sale of assets.