12Bagger Terms & Conditions of Use

1. Introduction

These Terms and Conditions of Use (the “Terms”) govern your access to and use of 12bagger.com (the “Site”) and your purchases from 12Bagger, whether made on the Site or by phone. By using the Site or making a purchase, you agree to these Terms. If you do not agree, please do not use the Site.

Some 12Bagger services carry their own additional terms, which apply alongside these Terms for those services: the 12Bagger Privacy Policy. Contests and giveaways we run carry their own official rules, and those rules govern them. If a service-specific term or official rule conflicts with these Terms for that service or promotion, the service-specific term or rule controls.

2. Your Use of the Site

The Site is intended for individuals who are at least 18 years old, or who use it with the involvement of a parent or guardian. You may use the Site for personal, lawful purposes. You agree not to: use the Site in a way that violates any law; interfere with the Site’s operation or security; use bots, scrapers, or automated tools to access the Site or its content without our written permission; attempt to access accounts or systems you are not authorized to access; or misrepresent your identity.

If you create an account, you are responsible for your login credentials and for activity under your account. Give us accurate information and keep it current. We may suspend or close accounts that violate these Terms.

We work to make the Site accessible to everyone. If you have difficulty using the Site, contact us as described in Section 16 and we will help you complete your purchase or find the information you need.

3. Placing Your Orders

Order acceptance. Your order is an offer to buy. Our order confirmation email acknowledges that we received your order; it is not acceptance. For stock items, we accept your order when we ship it. For custom and made-to-order items, we accept your order when we begin production, which happens after you approve your design (see Section 4). We may decline or cancel any order before that point, including for suspected fraud, errors in pricing or product information, artwork we cannot lawfully print, or stock limitations, and if we do, we will notify you and refund any amount you paid.

Pricing and errors. We work hard to keep prices and product information accurate, but errors happen. If an item’s correct price is higher than the price displayed when you ordered, we will contact you before charging or shipping so you can confirm at the correct price or cancel for a full refund. We are not obligated to honor a price that is the result of an obvious error.

Payment. You agree that your payment information is accurate and that you are authorized to use the payment method you provide. Optional services offered at checkout are presented as choices; you are never required to add them to complete a purchase.

Production times and rush options. Standard production is 22 to 28 business days at no additional charge. Rush options are offered at checkout: semi-rush at 15 to 21 business days for $15, rush at 7 to 14 business days for $25, and super rush at 2 to 4 business days for $50. Production time is separate from delivery time and is measured from the date you approve your design, not from the date you order. Production and delivery estimates are estimates, not guarantees; if an estimate moves, we will tell you.

Shipping. Standard shipping within the fifty United States is free on every order, with no minimum purchase. Delivery is typically 1 to 5 business days after production, and every order ships with tracking and insurance. Shipments to Alaska, Hawaii, Puerto Rico, Guam, and APO/FPO military addresses carry an additional charge, shown at checkout. The shipping information posted on the Site at the time of your purchase applies to that purchase.

Gift cards. 12Bagger gift cards do not expire, and we do not charge fees on them. Gift cards can be applied toward purchases where accepted, cannot be reloaded, and are not redeemable or exchangeable for cash except where the law requires it. Treat a gift card like cash: except where the law requires otherwise, we cannot replace lost or stolen gift cards or restore value spent without your permission. You can check a gift card balance at https://www.12bagger.com/balance/.

Returns and exchanges. Our returns and exchanges policy, available at https://www.12bagger.com/return-policy/, is incorporated into these Terms by reference, and the version posted at the time of your purchase applies to that purchase. In summary, and subject to that policy: stock apparel may be returned within 60 days of delivery in new and unused condition with tags attached, return shipping is free, there is no restocking fee, and refunds are processed within 2 to 3 business days of our receiving the item. Custom and personalized items are treated differently, as described in Section 4.

Sales tax. Applicable sales tax is calculated and shown at checkout.

4. Custom and Personalized Products

Most of what 12Bagger makes is produced to order from a design you choose or supply. This Section governs those items. It applies in addition to Section 3, and where the two differ for a custom item, this Section controls.

Your artwork, names, numbers, and logos. When you send us artwork, a logo, a team or sponsor name, a player name, a number, or any other content to be printed on a product (“Your Content”), you confirm that you own it or have permission from its owner to use it this way, and that printing it will not infringe anyone’s copyright, trademark, right of publicity, or other rights. You give us permission to reproduce Your Content on the products you order and on any samples, mockups, and proofs needed to produce them.

You are responsible for having the rights to Your Content. We do not verify ownership, and we cannot give you legal advice about whether a design is yours to use. We may decline or cancel any order whose content we believe we cannot lawfully print, or that we consider obscene, hateful, or otherwise inappropriate, and we will refund you in full if we do. Declining an order is a judgment we are entitled to make and is not a determination about your rights.

Design approval. Before production begins on a custom item, we prepare a mockup and send it to you for approval. The design you approve is the design we produce. Please check spelling, names, numbers, sizes, colors, and placement carefully at that stage, because approval is the point at which the design becomes final.

Changes and cancellation. Once you approve a design and production begins, an order cannot be changed or cancelled, because the item is being made specifically for you and cannot be resold. Before you approve, you can change or cancel a custom order for a full refund by contacting us.

Returns on custom items. Custom and personalized items are not returnable for a change of mind, and they are not returnable because the size you selected and approved is not the size you wanted. They are returnable, and we will remake or refund them, when the fault is ours: a production error, a design printed differently from the one you approved, or a quality defect in the printing or the fabric. If we made the mistake, we fix it at our cost.

Team, league, and bulk orders. If you order on behalf of a team, league, or organization, you confirm that you are authorized to do so, that you have the rights to any team or sponsor marks in the design, and that you are responsible for payment for the whole order. Sizes and quantities are produced as approved.

5. Product Information on the Site

We do our best to describe products accurately. Actual product appearance can vary from photos: colors vary by screen, and sublimated printing can vary slightly between production runs and across fabric types, so a reasonable variation from a photo or a mockup is not a defect.

Sizing is described on our size chart at https://www.12bagger.com/bowling-jersey-size-chart/. Because our apparel is cut for bowling rather than to a general apparel standard, please use the chart rather than the size you usually wear. If something about a product matters to your purchase, contact us before ordering and we will confirm what we can.

Content on the Site, including fit guides, jersey type guides, and articles, is provided for general information. It is not a guarantee of results on the lanes.

6. Intellectual Property

The Site and its content that we created, including our text, layouts, graphics, logos, designs, and photographs, belong to CoolWick LLC or our licensors and are protected by copyright, trademark, and other laws. 12BAGGER and our logos are our trademarks. You may not copy, republish, or commercially exploit Site content without our written permission, except that you may share links to the Site and use Site features intended for sharing.

Nothing in these Terms transfers ownership of Your Content to us, and nothing transfers ownership of our designs, patterns, or artwork to you. If you buy a product carrying a design we created, you own the product; you do not acquire the right to reproduce that design.

Brand names and logos of other companies that appear on the Site are trademarks of their respective owners. Their appearance identifies genuine products or licensed designs and does not imply any other affiliation or endorsement.

If you believe content on the Site infringes your copyright or other intellectual property rights, contact us as described in Section 16 with the details and we will review it promptly.

7. Links to Other Sites

The Site may link to websites we do not operate, and other sites may link to us. We are not responsible for the content or practices of sites we do not operate. A link is not an endorsement.

8. Reviews and User Content

We invite customers to submit product reviews, photos, questions, and similar content (“User Content”), directly and through Shopper Approved, the independent review platform we use to collect and display verified customer reviews. By submitting User Content, you give 12Bagger a perpetual, worldwide, royalty-free license to use, reproduce, display, and adapt it in connection with our business, including on the Site and in our marketing, with or without your name as submitted. Reviews you submit through Shopper Approved are also subject to Shopper Approved’s own terms and privacy policy.

You agree that your User Content is your own honest experience, does not infringe anyone’s rights, and contains nothing unlawful, deceptive, or abusive. You must have actually purchased or used a product to review it. We may decline to post, or may remove, User Content at our discretion, but we do not suppress reviews just because they are negative: honest reviews, good and bad, are what make reviews worth reading.

9. Privacy

The 12Bagger Privacy Policy, available at https://www.12bagger.com/privacy-policy/, explains what information we collect and how we use it, and is incorporated into these Terms by reference.

10. Email and Text Messages

Email. When you sign up for our emails, create an account, or make a purchase, we may send you marketing emails about 12Bagger. You can opt out of marketing emails at any time using the unsubscribe link in any marketing email. Opting out of marketing does not stop service and transactional messages about your orders, your design approvals, your account, or your Cool Cash Points activity. We use email service providers to send email on our behalf; the Privacy Policy describes how your information is handled.

Text messages. If you give us your mobile number and opt in, you agree to receive recurring automated marketing text messages from 12Bagger at that number, including messages sent using an automatic telephone dialing system. Consent is not a condition of any purchase. You must be at least 18 years old and the account holder for the number, or have the account holder’s permission, to sign up.

Message frequency varies. Message and data rates may apply, and those charges are between you and your mobile carrier. Text STOP to any message from us to stop receiving marketing texts; we will send one confirmation that you have been unsubscribed. Text HELP to any message from us, or contact us as described in Section 16, for help. Opting out of marketing texts does not stop service and transactional messages about your orders, your design approvals, or your account, and it does not affect your email preferences.

Mobile carriers are not liable for delayed or undelivered messages, and we cannot guarantee that every message will arrive. If you change or give up your mobile number, please update your account or opt out, so that messages meant for you do not reach someone else.

We use a messaging service provider to send text messages on our behalf. The 12Bagger Privacy Policy describes how your information, including your mobile number, is handled, and we do not sell mobile numbers or text-message consent to anyone.

11. Warranty Disclaimer; Limitation of Liability

THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not promise that the Site will be uninterrupted, error-free, or secure.

Products we make are covered by our returns and exchanges policy, and by the remake commitment for our own production errors described in Section 4. Nothing in this Section limits the warranties, remedies, or rights the law gives you that cannot be disclaimed, including your rights under our posted returns policy.

To the fullest extent the law allows, CoolWick LLC and its owners, affiliates, and employees are not liable for indirect, incidental, special, consequential, punitive, or exemplary damages arising out of or relating to the Site or your purchases, and our total liability for any claim arising out of or relating to the Site or a purchase will not exceed the greater of the amount you paid for the purchase giving rise to the claim or $100. Some states do not allow certain warranty disclaimers or damages limitations, so parts of this Section may not apply to you; in those states, our liability is limited to the smallest amount the law allows.

12. Indemnification

You agree to indemnify and hold harmless CoolWick LLC and its owners, affiliates, and employees from claims, damages, and reasonable costs (including attorneys’ fees) arising out of your violation of these Terms, Your Content, your User Content, or your unlawful use of the Site, except to the extent caused by our own breach of these Terms.

This includes any claim that Your Content, as you supplied it and we printed it, infringes someone else’s copyright, trademark, right of publicity, or other rights.

13. Governing Law and Dispute Resolution

These Terms, and any dispute arising out of or relating to the Site, your purchases, or these Terms, are governed by the laws of the State of Florida, without regard to conflict-of-law rules, except that the agreement to arbitrate below is governed by the Federal Arbitration Act. For any claim that under subsection (b) below may be brought in court, you and we agree to the exclusive jurisdiction of the state and federal courts located in Hernando County, Florida, except that a small-claims action may be brought in your local small claims court where its rules require.

(a) General. In the interest of resolving disputes between you and 12Bagger in the most expedient and cost effective manner, you and 12Bagger agree that any dispute arising out of or in any way related to these Terms, the Site, or your purchases from 12Bagger will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms, the Site, or your purchases, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE TERMS, YOU AND 12BAGGER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THIS AGREEMENT TO ARBITRATE SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.

(b) Exceptions. Notwithstanding subsection (a) above, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of you or 12Bagger to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.

(c) Arbitrator. Any arbitration between you and 12Bagger will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting 12Bagger. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

(d) Notice; Process. If you or 12Bagger intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail (“Notice”). 12Bagger’s address for Notice is: 14910 Edward R Noll Dr, Spring Hill, Florida 34609, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). You and 12Bagger will make good faith efforts to resolve the claim directly, but if you and 12Bagger do not reach an agreement to do so within 30 days after the Notice is received, you or 12Bagger may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or 12Bagger must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.

(e) Fees. If you commence arbitration in accordance with these Terms, 12Bagger will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse 12Bagger for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and 12Bagger agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or 12Bagger made within 14 days of the arbitrator’s ruling on the merits.

(f) No Class Actions. YOU AND 12BAGGER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and 12Bagger agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

(g) Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Terms, if 12Bagger makes any future change to this arbitration provision, other than a change to 12Bagger’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to 12Bagger’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and 12Bagger.

(h) Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of this Section 14 is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Terms shall remain in full force and effect.

14. Changes to the Terms

We may update these Terms from time to time. When we do, we will post the updated Terms on this page and update the “Last updated” date above, and where the law requires it we will give you additional notice. A change takes effect when we post it unless we state a later date, and it applies to your use of the Site and purchases made after it takes effect; changes do not apply retroactively to purchases you already made. If you continue to use the Site after a change takes effect, you accept the change.

15. Miscellaneous

These Terms, together with the policies they incorporate by reference, are the entire agreement between you and us about the Site and your purchases, and they replace any earlier terms posted on the Site. If any part of these Terms is found unenforceable, the rest remains in effect, and the unenforceable part is enforced to the greatest extent permitted. If we do not enforce a part of these Terms on one occasion, that is not a waiver of our right to enforce it later.

You may not assign these Terms. We may assign them, including in connection with a merger, acquisition, reorganization, or sale of all or part of our business.

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and us.

Contact us. If you have questions about these Terms, your order, or the Site, you can reach our customer service team through the contact form at https://www.12bagger.com/contact-us/, by email at [email protected], or by phone at (352) 587-4106. You can write to us at 12Bagger, 14910 Edward R Noll Dr, Spring Hill, Florida 34609.