Elan Industries LLC DBA “Diamond S Spiritwear” is making available our website to you under certain terms and conditions. This page of the website is called the “Terms and Conditions” page although some terms and conditions also appear on other pages of our site.

Returns and Exchanges

Customizing apparel and accessories involves substantial effort and costs once production (including design) has begun. For this reason, we cannot offer refunds or exchanges on customized products such as embroidered, chenilled or screen printed items after the product is in production. If you determine that an order has an error, we make all efforts to stop before production and to either make the change or provide for a refund. Once production has begun on customized apparel or accessories, we are unable to refund your order. As a general rule, it’s always best to actually “try on” a garment before purchasing it. However, since this cannot always be the case, please call us at 972-255-2702 or toll free at 866-544-9638 for sizing information if you have any questions about the proper fitting for the apparel you are purchasing. Sweats and Tie-Dyes run small and we recommend that the customer order a size larger. In general, we suggest ordering a size larger if the customer has concerns about how sizes run. Sorry, NO refunds or exchanges of customized apparel as a result of sizing problems.

Sales Tax

Sales tax on all sales delivered to Texas locations must be charged unless a current Texas Sales & Use Tax Exemption or Resale Certificate is on file with our offices.

Reselling Our Products

You may not resell our products and you agree that you will not, including samples we may provide to you. We reserve the right to cancel any orders from you that we believe, in our sole discretion, may be a breach of any of our “Terms and Conditions”.

Your Obligations and Responsibilities

You agree to abide by the “Terms and Conditions”. You agree that all information provided to us shall be truthful and accurate. You agree that you won’t use any part of this site without our written permission. You agree that you will do nothing to change, impair or disrupt the operation of our site. You agree that if you do any of the above willfully, or negligently, you’ll be liable for our losses and damages that you caused to us.

Uploading Your Text, Graphics or Images

When you upload text, graphics, or images to us, you are responsible for the digital transmission. You agree not to upload anything that is unlawful, vulgar or obscene, racially or ethnically objectionable, or defamatory. In addition, you agree not to violate any patent, trademark or copyright. You agree you will not knowingly transmit any software viruses, unsolicited materials of any sort not related to our site (no spam).

Your Account

Only individuals at least eighteen (18) years of age are eligible to register on our site so don’t sign up if you are under eighteen (18) years of age. Make sure to keep information about your account, like your password and username confidential. When you register, make sure the information you provide is complete and accurate. You agree to accept responsibility and financial liability for your account activity including all orders placed under your account, username and/or password. If you are using this site on behalf of somebody else, you represent that you have the authority to bind to all “Terms and Conditions”, and, if you don’t have their authority, then you agree to accept all financial liability for any orders placed on our site or any harm caused by your wrongful use of the site.

Terminating of Your Account

We reserve the right to terminate your account without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in our best interests to do so.

Accuracy of Information on Our Site

We believe all information provided on our site related to our product offerings is accurate. However, to the extent permitted by law, we do not warrant that the product descriptions, colors, information or other content available on the site are accurate, complete, reliable, current, or error-free.

Third Party Links

We are not responsible for any sites that may link to ours. Links appearing on our site are for convenience only and we do not endorse these links merely because they appear on our site. We do not evaluate any of the sites linked to or from out site and so we don’t warrant any product or service on these linked sites.

Representations and Warranties; Limitation of Liability

THE SITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.

Disputes

If a dispute arises regarding the use of our site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of Texas. Disputes resulting from your use of our site shall be submitted to binding arbitration in Texas. Arbitration under this agreement shall be conducted under the Consumer-Related Disputes Supplementary Rules as set forth by the American Arbitration Association and the arbitrator's award shall be binding on the parties.

Delivery Times on Certain Products

Most of our products ship within a week of your order. However, some products involve a lengthy customizing effort that can take from 6 to 8 weeks to complete. For example, customized letterman’s jackets with accompanying chenille letters, monograms, chevrons, names, etc. usually takes 2 weeks to design and chenille. Additional customization usually takes place beyond the creation of the letter such as an embroidered name, word or emblem. Producing these items requires us to manually match your custom-orders (for example, thread color, letter size, patch shape,etc.) and so it’s impossible to mass produce any of these items. As a result, there is an inevitable length of time involved to properly craft the product to your specifications. Depending on the complexity of your order, the start to finish time ranges from 6 to 8 weeks. In addition, depending on the method of delivery, allow an additional week for shipping which means that, on average, a letter jacket takes 7 to 9 weeks to deliver to your home following receipt of your order. Although we can arrange for faster delivery, the production time of your custom-made letter jacket products is invariably a 6 to 8 week process.