Terms and Conditions

Terms and Conditions 

Agreement between Users and Vivid Raven, Inc 

Welcome to https://www.vividraven.com. The https://www.vividraven.com website (the "Site") is comprised of various web pages operated by Vivid Raven, Inc ("Vivid Raven"). https://www.vividraven.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of https://www.vividraven.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference. 

https://www.vividraven.com is an E-Commerce Site. 

Vivid Raven provides one-of-a-kind apparel and collectables in our shop.  We feature top quality unisex Gildan, Port & Company, and Bella-Canvas t-shirts. We offer a variety of colors and sizes ranges from Adult X-Small to 5X and Youth sizes from X-Small to X-Large. All of our t-shirts come 100% preshrunk and are double-needle stitched throughout. Please allow 2 - 4 WEEKS (special order items require additional processing times and not all colors are available for all sizes) for delivery, as we construct and make every apparel, tie-dye, and t-shirt item as they are ordered. We offer tie-dye items and prints which may or may not be exactly what is seen on our website. We do our best to provide exceptional customer service to our customers. All Vivid Raven’s products are guaranteed against defects for 30 days from the date of the invoice. EXCEPT AS EXPRESSLY STATED HEREIN, VIVID RAVEN, INC MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THE VIVID RAVEN, INC SITE. EXCEPT AS EXPRESSLY STATED HEREIN, VIVID RAVEN, INC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO VIVID RAVEN, INC ARISING FROM ANY PRODUCT SOLD ON THE VIVID RAVEN, INC SITE SHALL BE THE PRICE OF THE PRODUCT ORDERED. IN NO EVENT SHALL VIVID RAVEN, INC, ITS DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO PRODUCT SOLD.

Electronic Communications 

Visiting https://www.vividraven.com or sending emails to Vivid Raven constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. 

Your Account 

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Vivid Raven is not responsible for third party access to your account that results from theft or misappropriation of your account. Vivid Raven and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. 

Children Under Thirteen 

Vivid Raven does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://www.vividraven.com only with permission of a parent or guardian. 

Cancellation/Refund Policy 

RETURNS, REFUNDS. AND DISPUTES

We feel confident that you'll love your Vivid Raven purchase, but if you have concerns about your merchandise, you may send it back to us within 30 days of the original shipping date and we'll be happy to arrange an exchange, or a refund. All you need to do is call customer service (760) 531-0040 and we will take care of you. Please read through our policies below to answer any questions beforehand.

What you cannot Return

Unfortunately, we are unable to accept certain items for return. These include:

• Items which have been damaged or modified, beyond manufacturer defect
• Items that are obviously used
• Special orders made to customer specifications (custom product)
• Products modified as per customer requests (trimming, cutting, etc…)
• All items returned after 30 days may not be accepted for return.
• Items altered in color or appearance due to swimming pools (chemicals) or other environmental      situations beyond our control.

What you can Return

• We accept returns on items in new or unused condition with the original packaging and materials. 
• Upon receipt of a returned item, our managers inspect the product’s condition for quality control. 
• After the product’s original condition has been verified, we will issue a refund, store credit, or      perform an exchange. Most refunds are processed within 7-10 business days of receipt. 
• Please note that if you simply do not like your purchased item, Vivid Raven will still refund your      purchase cost within the 30-day warranty period, however Vivid Raven will not be able to assist you in covering the associated return shipping costs.
• You have 30 days from the actual shipping date to make a return or exchange.
• We must receive your returned item(s) within 45 days of the actual shipping date. If we receive your item 30 days after the original shipping date, we may refuse the return and ship it back to you. Return shipping fees may apply.

What you need to know

• Return shipping is the sole responsibility of the customer.
• A restocking fee may apply, contact Vivid Raven for details.
• We inspect all returned items upon arrival.
• Refunds will be in the original form of payment, except for wire transfers, which we will refund with a company check.
• Your refund should arrive within three weeks (depending on your financial institution) (usually      sooner), after the carrier issues your tracking number.
• Refunds on purchases made with a credit card will only be credited to the same card.
• Unless applicable, delivery charges are not refunded.
• If you return a partial order, we will only refund you for the returned items.
• Refunds will be applied to any unpaid balances first.
• For exchanges and returns, if the product is not found to be defective, shipping fees may apply and/or a partial refund may be issued.

Make sure that you inspect your merchandise for damages that might have occurred during shipping. In the case that you receive a damaged or defective item, contact customer service immediately. (760) 531-0040. 

How to Return an Item

U.S. Customers

1. Call our Customer Service Department (760) 531-0040 or email sales@vividraven.com to obtain return      shipping instructions and a return authorization number (RAN). Please read the information on the back of your original shipping document and enclose it with your purchase in the original packaging. Re-pack your product with the RAN number, original shipping document, in the original packaging. If you do not have your original shipping document, please print, and      complete the return purchase form. Unfortunately, we cannot accept any returned merchandise without a RAN, so please be sure to enclose this number with your return item(s).
2. 
   

Canadian Customers

1. Call our Customer Service Department (760) 531-0040 or email sales@vividraven.com to obtain return shipping instructions and a return authorization number (RAN). Please read the information on the back of your original shipping document and enclose it with your purchase in the original packaging. Re-pack your product with the RAN number, original shipping document, in the original packaging. If you do not have your original shipping document, please print and complete the return purchase form. Unfortunately, we cannot accept any returned      merchandise without a RAN, so please be sure to enclose this number with      your return item(s).
2. Please bring your package to a Canada Post location for delivery to our return facility.

Exchanges and Store Credit

• Vivid Raven customers seeking to make a return may elect to receive an exchange in lieu of a refund. A customer service specialist will be in contact if there are any additional charges for the exchanged item. To receive store credit, simply call our Customer Service line to initiate this transaction. 
• Customer Service representatives will help you arrange return shipping and place an exchange request. Once Vivid Raven receives a return item, we will arrange for your exchange to be delivered. 

**The original shipping date refers to the date the item is shipped from Vivid Raven to the customer. Vivid Raven grants a grace period of one week (7 days) whereupon the customer actually and/or potentially receives the delivered purchase item(s); this is considered the actual shipping date. Vivid Raven recognizes the actual shipping date to be 7 days after the original shipping date and will accept returns according to the warranty extended from the actual shipping date.

*** Please note that credit card disputes fall under the “What you cannot Return” ABOVE. We apologize for any inconvenience this causes; however, Vivid Raven, Inc. has strict policies when it comes to fraud, and falsifying “bogus” reports. We intend to complete our investigation and ensure that our due diligence is completed promptly and accurately. If we find the charges to be true and correct, Vivid Raven, Inc reserves the right to prosecute those who clearly falsify “bogus” disputes with their credit card company and intend to pursue litigation against the individual or individuals who falsify reports. If you are unsure what this entails, please contact us immediately either through email at sales@vividraven.com or by phone at (760) 531-0040. Thank you for your understanding and cooperation.   

Links to Third Party Sites/Third Party Services 

https://www.vividraven.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Vivid Raven and Vivid Raven is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Vivid Raven is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Vivid Raven of the site or any association with its operators. 

Certain services made available via https://www.vividraven.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://www.vividraven.com domain, you hereby acknowledge and consent that Vivid Raven may share such information and data with any third party with whom Vivid Raven has a contractual relationship to provide the requested product, service, or functionality on behalf of https://www.vividraven.com users and customers. 

No Unlawful or Prohibited Use/Intellectual Property 

You are granted a non-exclusive, non-transferable, revocable license to access and use https://www.vividraven.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Vivid Raven that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. 

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Vivid Raven or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Vivid Raven content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Vivid Raven and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Vivid Raven or our licensors except as expressly authorized by these Terms. 

Use of Communication Services 

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the Communication Service. 

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations. 

Vivid Raven has no obligation to monitor the Communication Services. However, Vivid Raven reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Vivid Raven reserves the right to terminate your access to any or all the Communication Services at any time without notice for any reason whatsoever. 

Vivid Raven always reserves the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Vivid Raven's sole discretion. 

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Vivid Raven does not control or endorse the content, messages or information found in any Communication Service and, therefore, Vivid Raven specifically disclaims any liability regarding the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Vivid Raven spokespersons, and their views do not necessarily reflect those of Vivid Raven. 

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials. 

Materials Provided to https://www.vividraven.com or Posted on Any Vivid Raven Web Page 

Vivid Raven does not claim ownership of the materials you provide to https://www.vividraven.com (including feedback and suggestions) or post, upload, input or submit to any Vivid Raven Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Vivid Raven, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. 

No compensation will be paid with respect to the use of your Submission, as provided herein. Vivid Raven is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Vivid Raven's sole discretion. 

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Third Party Accounts 

You will be able to connect your Vivid Raven account to third party accounts. By connecting your Vivid Raven account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature. 

International Users 

The Service is controlled, operated, and administered by Vivid Raven from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Vivid Raven Content accessed through https://www.vividraven.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations. 

Indemnification 

You agree to indemnify, defend and hold harmless Vivid Raven, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Vivid Raven reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Vivid Raven in asserting any available defenses. 

Arbitration 

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. If any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions. 

Class Action Waiver 

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Vivid Raven agree otherwise, 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. 

Liability Disclaimer 

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VIVID RAVEN, INC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. 

VIVID RAVEN, INC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. VIVID RAVEN, INC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VIVID RAVEN, INC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VIVID RAVEN, INC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. 

Termination/Access Restriction 

Vivid Raven reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California, and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Vivid Raven because of this agreement or use of the Site. Vivid Raven's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Vivid Raven's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Vivid Raven with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. 

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Vivid Raven with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Vivid Raven with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English. 

Changes to Terms 

Vivid Raven reserves the right, in its sole discretion, to change the Terms under which https://www.vividraven.com is offered. The most current version of the Terms will supersede all previous versions. Vivid Raven encourages you to periodically review the Terms to stay informed of our updates. 

Contact Us 

Vivid Raven welcomes your questions or comments regarding the Terms: 

Vivid Raven, Inc 

15036 Roadrunner Rd. 

Weldon, California 93283 

Email Address: 

vivid@vividraven.com 

Telephone number: 

(760) 531-0040 

Effective as of October 01, 2023