Terms & Conditions

Terms of Service

OVERVIEW

Welcome to YayDay Design Co., LLC. Throughout these Terms of Service, the terms "we," "us," "our," and "YayDay Design Co., LLC" refer to YayDay Design Co., LLC. These Terms of Service govern your access to and use of our website, products, services, and all related content, features, communications, and functionality (collectively, the "Services").

By accessing our website, browsing our products, requesting a quote, placing an order, or otherwise using our Services, you agree to be legally bound by these Terms of Service and our Privacy Policy. If you do not agree with these Terms, you should not access or use our Services.

These Terms apply to all visitors, customers, users, and others who access or use our Services.

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SECTION 1 – ACCESS AND ACCOUNT

By using our Services, you represent that you are at least eighteen (18) years of age or the age of majority in your state of residence. If you allow a minor to use our Services, you accept full responsibility for that minor's use.

Certain features of our website may require you to provide personal information, including your name, email address, billing information, shipping address, and payment information. You agree that all information you provide is accurate, current, and complete. You also agree to promptly update your information if it changes.

You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You may not transfer, assign, or sell your account to another person without our written consent.

We reserve the right to suspend or terminate accounts, refuse service, or cancel orders at our sole discretion if we believe a user has violated these Terms or engaged in fraudulent, abusive, unlawful, or harmful conduct.

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SECTION 2 – PRODUCTS AND SERVICES

YayDay Design Co., LLC specializes in custom embroidery, decorated apparel, personalized gifts, promotional products, and related services.

We make every reasonable effort to accurately display our products, colors, thread selections, garment styles, and designs. However, due to differences in computer monitors, mobile devices, lighting, photography, fabric dye lots, and embroidery materials, actual colors and finished products may vary slightly from images displayed on our website.

Embroidery is a handcrafted manufacturing process. Minor variations in stitch direction, thread density, placement, garment sizing, color shade, and finished appearance are normal and do not constitute defects.

All product descriptions, pricing, availability, specifications, and images are subject to change without notice. We reserve the right to discontinue products or modify specifications at any time.

We reserve the right to refuse or limit sales to any individual, business, geographic region, or jurisdiction whenever necessary.

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SECTION 3 – CUSTOM ORDERS, ARTWORK, AND CUSTOMER RESPONSIBILITY

Most products offered by YayDay Design Co., LLC are custom-made specifically for each customer.

Customers are solely responsible for ensuring that all submitted information—including names, spelling, grammar, dates, sizes, quantities, colors, logos, artwork, embroidery placement, and design specifications—is accurate before production begins.

If digital proofs, mockups, or artwork approvals are provided, customers must carefully review every detail before approving production. Approval of a proof constitutes acceptance of the design exactly as shown. Once approval has been received, YayDay Design Co., LLC is not responsible for errors that were approved by the customer.

Because embroidery is produced using specialized equipment, slight variations in placement, thread color, stitching, fabric texture, and finished appearance are considered standard industry variations and are not grounds for refunds or replacements.

Customers represent and warrant that they own or have obtained all necessary rights, licenses, and permissions to reproduce any logos, trademarks, copyrighted artwork, business names, photographs, graphics, or other materials submitted for production.

YayDay Design Co., LLC assumes no responsibility for determining ownership of submitted artwork. Customers agree to indemnify and hold harmless YayDay Design Co., LLC from any claims, damages, liabilities, expenses, or legal actions arising from the use of customer-provided artwork or intellectual property.

 

SECTION 4 – ORDERS, PAYMENT, PRICING, AND BILLING

Submitting an order constitutes an offer to purchase our products or services. Acceptance of an order occurs only after payment has been received (when applicable) and YayDay Design Co., LLC confirms the order.

We reserve the right to refuse, cancel, modify, or limit any order at our sole discretion, including orders containing pricing errors, suspected fraud, unavailable inventory, or other unforeseen circumstances.

Prices are subject to change without prior notice. Applicable taxes, shipping charges, customization fees, artwork charges, setup fees, and other charges will be calculated during checkout or included in your invoice unless otherwise stated.

Full payment may be required before production begins unless alternative arrangements have been approved in writing.

You agree to provide accurate and current billing and payment information. If payment authorization is declined or later reversed, we reserve the right to suspend production or cancel your order.

Customers are responsible for all applicable taxes, duties, customs fees, and import charges associated with international orders.

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SECTION 5 – PRODUCTION TIMES, SHIPPING, AND DELIVERY

Estimated production and delivery dates are provided solely as estimates and are not guaranteed.

Production schedules may vary depending on order size, product availability, artwork approval, supply chain delays, equipment maintenance, holidays, weather conditions, labor shortages, or other circumstances beyond our reasonable control.

Shipping times are estimates provided by the shipping carrier. Once your order has been delivered to the carrier, ownership and risk of loss transfer to the customer.

YayDay Design Co., LLC is not responsible for shipping delays, lost packages, damaged shipments, weather events, customs delays, carrier errors, incorrect shipping addresses provided by customers, or other delays beyond our control.

Customers are responsible for verifying that shipping information is accurate before submitting an order.

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SECTION 6 – CUSTOMER-SUPPLIED GARMENTS AND MATERIALS

Customers may choose to provide their own garments, hats, bags, jackets, or other items for embroidery or decoration.

Although we exercise reasonable care while handling customer-supplied items, embroidery involves mechanical equipment that may occasionally encounter thread breaks, needle strikes, fabric defects, or other unforeseen production issues.

YayDay Design Co., LLC is not responsible for hidden manufacturing defects, fabric flaws, shrinkage, dye inconsistencies, or damage resulting from the condition or quality of customer-supplied items.

If damage occurs solely due to our negligence, our liability shall be limited to the replacement cost of the blank garment or material only. We are not responsible for sentimental value, business losses, lost profits, replacement of discontinued items, or consequential damages.

Customers acknowledge and accept these risks when providing their own merchandise for customization.

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SECTION 7 – INTELLECTUAL PROPERTY

All content available through our website and Services—including but not limited to logos, trademarks, business names, graphics, photographs, embroidery designs, text, videos, icons, product images, layouts, website design, and other materials—is the exclusive property of YayDay Design Co., LLC or its licensors and is protected by United States copyright, trademark, and other intellectual property laws.

No portion of our website or Services may be copied, reproduced, distributed, published, modified, transmitted, displayed, sold, or otherwise used without our prior written permission.

Nothing contained in these Terms grants any license or ownership rights in any intellectual property belonging to YayDay Design Co., LLC.

All third-party trademarks, logos, and copyrighted materials remain the property of their respective owners and are used only as authorized by customers or otherwise permitted by law.

 

SECTION 8 – OPTIONAL TOOLS AND THIRD-PARTY SERVICES

Our website may provide access to third-party services, software, payment processors, design tools, social media platforms, shipping providers, or other external resources.

These services are provided solely for your convenience. YayDay Design Co., LLC does not own, control, endorse, monitor, or guarantee the performance, accuracy, security, or availability of any third-party services.

Your use of any third-party website, software, or service is entirely at your own risk and is governed by the applicable third party's own terms, privacy policies, and conditions.

YayDay Design Co., LLC shall not be liable for any damages, losses, interruptions, or claims arising from your use of any third-party products, services, websites, software, or content.

We reserve the right to add, remove, or modify optional features or third-party integrations at any time without notice.

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SECTION 9 – PRIVACY POLICY

Your privacy is important to YayDay Design Co., LLC. Our collection, use, storage, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms of Service by reference.

By using our Services, you acknowledge that you have read, understood, and agreed to our Privacy Policy. We collect only the information necessary to process orders, communicate with customers, improve our Services, and comply with applicable laws. We do not sell your personal information to third parties. However, we may share necessary information with trusted third-party service providers, such as payment processors and shipping carriers, to fulfill your orders and operate our business.

Please review our Privacy Policy for additional information regarding how your personal information is collected, used, and protected.

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SECTION 10 – RETURNS, REFUNDS, EXCHANGES, AND CANCELLATIONS

Because the majority of our products are custom-made and personalized specifically for each customer, all sales are generally final.

Custom orders are not eligible for return, refund, or exchange unless the product contains a manufacturing defect or an error caused by YayDay Design Co., LLC.

Customers are responsible for carefully reviewing all order details, artwork, proofs, spelling, quantities, colors, garment selections, embroidery placement, and sizing before approving production. Once production has begun, orders cannot be canceled or modified.

Cancellation requests made before production begins may be approved at our sole discretion. Any artwork, digitizing, setup, administrative, or design fees already incurred may be deducted from any refund.

Customers must inspect their order immediately upon delivery. Any claims regarding defects, shortages, damaged items, or production errors must be submitted in writing within seven (7) calendar days of receiving the order. Failure to notify us within this period constitutes acceptance of the completed order.

YayDay Design Co., LLC reserves the right to determine the appropriate resolution for approved claims, including repair, replacement, store credit, or refund.

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SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information on our website or within our Services may contain typographical errors, inaccuracies, omissions, or pricing mistakes relating to product descriptions, customization options, availability, shipping charges, promotional offers, or other information.

YayDay Design Co., LLC reserves the right to correct any errors, inaccuracies, or omissions at any time without prior notice, including after an order has been submitted.

We also reserve the right to cancel or refuse any order placed using incorrect pricing or inaccurate information, regardless of whether payment has already been received. If payment has already been processed for a canceled order, a refund will be issued using the original method of payment.

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SECTION 12 – PROHIBITED USES

You agree to use our website and Services only for lawful purposes and in accordance with these Terms of Service.

You agree not to:

Use the Services for any unlawful, fraudulent, abusive, or malicious purpose.

Violate any applicable federal, state, local, or international law or regulation.

Infringe upon our intellectual property rights or the intellectual property rights of others.

Submit copyrighted materials, trademarks, logos, or artwork that you do not have legal permission to use.

Harass, threaten, intimidate, defame, or otherwise harm YayDay Design Co., LLC, its employees, contractors, or other users.

Upload or transmit viruses, malware, ransomware, or other malicious code.

Attempt to gain unauthorized access to our website, servers, databases, or systems.

Use bots, automated software, artificial intelligence agents, web crawlers, scraping tools, or similar technologies to collect information from our website without our written permission.

Interfere with the security, operation, or functionality of our website or Services.

Submit false, misleading, or fraudulent information.

Use our website in any manner that could damage, disable, overburden, or impair our Services.

Violation of this section may result in immediate suspension or termination of your access to our Services without prior notice.

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SECTION 13 – ELECTRONIC COMMUNICATIONS

By visiting our website, submitting an inquiry, placing an order, or communicating with YayDay Design Co., LLC electronically, you consent to receive communications from us electronically.

These communications may include order confirmations, invoices, payment receipts, production updates, shipping notifications, customer service responses, policy updates, promotional emails (where permitted by law), and other notices relating to your use of our Services.

Electronic communications satisfy any legal requirement that such communications be in writing.

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SECTION 14 – FORCE MAJEURE

YayDay Design Co., LLC shall not be liable for any delay or failure to perform its obligations under these Terms of Service when such delay or failure results from events beyond our reasonable control.

These events include, but are not limited to, natural disasters, severe weather, fire, flood, pandemics, epidemics, governmental actions, labor disputes, power outages, internet service interruptions, equipment failure, material shortages, transportation delays, shipping carrier delays, supplier disruptions, acts of terrorism, civil unrest, or other unforeseen circumstances.

In the event of such delays, performance shall be extended for a reasonable period of time necessary to resume normal operations.

 

SECTION 15 – DISCLAIMER OF WARRANTIES

The information, products, and Services provided by YayDay Design Co., LLC are offered on an "as is" and "as available" basis without warranties of any kind, either express or implied.

To the fullest extent permitted by law, YayDay Design Co., LLC disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, and uninterrupted operation.

We do not guarantee that our website will always be available, secure, error-free, or free from viruses or other harmful components.

We do not warrant that products will precisely match colors displayed on electronic devices due to variations in screen settings, lighting, thread dye lots, garment manufacturing processes, or embroidery production methods.

Customers acknowledge that minor variations in embroidery placement, stitching, colors, sizing, and garment appearance are normal characteristics of custom manufacturing and do not constitute defects.

Some jurisdictions do not allow limitations on implied warranties; therefore, certain portions of this disclaimer may not apply to you.

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SECTION 16 – LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, YayDay Design Co., LLC, its owners, officers, employees, contractors, affiliates, representatives, licensors, service providers, and agents shall not be liable for any indirect, incidental, consequential, exemplary, punitive, or special damages arising out of or relating to your use of our website, Services, or products.

This limitation includes, but is not limited to, claims involving lost profits, los

t revenue, business interruption, loss of business opportunities, loss of goodwill, data loss, replacement costs, shipping delays, production delays, customer dissatisfaction, or any other economic or consequential damages.

In no event shall the total liability of YayDay Design Co., LLC exceed the total amount actually paid by the customer for the specific order giving rise to the claim.

Customers agree that the exclusive remedy for any approved claim shall be repair, replacement, store credit, or refund, as determined solely by YayDay Design Co., LLC.

Nothing contained in these Terms of Service shall limit any liability that cannot legally be excluded under applicable law.

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SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless YayDay Design Co., LLC, its owners, officers, employees, contractors, affiliates, agents, licensors, successors, and assigns from and against any and all claims, demands, actions, liabilities, damages, judgments, settlements, losses, costs, and expenses, including reasonable attorneys' fees and court costs, arising out of or relating to:

Your violation of these Terms of Service;

Your misuse of our website or Services;

Your violation of any applicable law or regulation;

Your infringement of the intellectual property, privacy, publicity, or other legal rights of any third party;

Any artwork, logos, trademarks, photographs, graphics, or other materials submitted by you for customization; or

Your negligent, fraudulent, or willful misconduct.

YayDay Design Co., LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate fully with our defense of any such claim.

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SECTION 18 – SEVERABILITY

If any provision of these Terms of Service is determined by a court of competent jurisdiction to be unlawful, invalid, or unenforceable, that provision shall be enforced to the maximum extent permitted by applicable law. The remaining provisions shall remain in full force and effect and shall not be affected by the invalidity or unenforceability of any individual provision.

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SECTION 19 – ENTIRE AGREEMENT AND WAIVER

These Terms of Service, together with our Privacy Policy, Refund Policy, Shipping Policy, and any other policies posted on our website, constitute the entire agreement between you and YayDay Design Co., LLC regarding your use of our Services.

These Terms supersede all prior or contemporaneous agreements, communications, representations, negotiations, and understandings, whether oral or written, relating to the Services.

Our failure to exercise or enforce any right or provision under these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of YayDay Design Co., LLC.

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SECTION 20 – ASSIGNMENT

You may not assign, transfer, delegate, or otherwise transfer your rights or obligations under these Terms of Service without the prior written consent of YayDay Design Co., LLC.

YayDay Design Co., LLC may assign, transfer, or delegate its rights and obligations under these Terms without restriction or notice in connection with a merger, acquisition, sale of assets, business reorganization, or by operation of law.

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SECTION 21 – GOVERNING LAW AND JURISDICTION

These Terms of Service and any disputes arising from or relating to your use of our website, Services, or products shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.

You agree that any legal action, claim, or proceeding arising out of or relating to these Terms of Service shall be brought exclusively in the state or federal courts located within the State of Texas. You hereby consent to the exclusive jurisdiction and venue of those courts and waive any objection based on inconvenience or improper venue.

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SECTION 22 – HEADINGS

The section headings contained in these Terms of Service are provided solely for convenience and reference. They do not affect the interpretation, meaning, or enforceability of any provision contained herein.

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SECTION 23 – CHANGES TO THESE TERMS OF SERVICE

YayDay Design Co., LLC reserves the right to update, revise, modify, or replace these Terms of Service at any time, in its sole discretion.

Any changes will become effective immediately upon posting to our website unless otherwise stated. It is your responsibility to review these Terms periodically to remain informed of any updates.

Your continued use of our website or Services following the posting of revised Terms constitutes your acceptance of those changes.

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SECTION 24 – CONTACT INFORMATION

If you have any questions regarding these Terms of Service or any of our policies, please contact us using the information below:

YayDay Design Co., LLC

Email: yaydaydesignco@yahoo.com

Phone: (409) 718-0598

Location: Texas, United States

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We value our customers and will make every reasonable effort to respond to inquiries in a timely and professional manner.

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Effective Date: 07/20/2026

Last Updated: 07/20/2026