Terms and Conditions for Nevear Apparel LLC
These Terms and Conditions (“Terms”) apply to your use of nevear.com and to quotes, samples and orders for custom apparel placed with Nevear Apparel LLC, a limited liability company based in Wyoming, USA (“Nevear”, “we”, “us”, “our”). By using this website, requesting a quote or placing an order, you agree to these Terms.
If you and Nevear have signed a separate written agreement, or we have sent you a written quote or order confirmation, that document applies together with these Terms. If they conflict, the signed agreement comes first, then the quote or order confirmation, then these Terms.
Our Privacy Policy explains how we handle personal information. If you have questions about these Terms, please contact us.
1. Our services
Nevear provides custom apparel manufacturing services, including product development, sampling, bulk production, branding, packaging and shipping.
Production is carried out by Nevear and its network of partner factories. We choose the production location that suits your product, quantity and timeline, unless we have agreed a specific location with you in writing.
2. Quotes and orders
Quotes are based on the information you give us, such as designs, tech packs, fabrics, quantities, sizes and delivery destination. If any of these change, the price and timeline may change.
Unless a quote says otherwise, it is valid for 30 days from the date it is issued.
An order is accepted only when we confirm it in writing and have received any payment due at that stage. We may decline an order for any lawful reason before it is accepted.
Minimum order quantities depend on the product, fabric and production process, and are stated in your quote.
3. Samples and approvals
Where a sample is part of your order, we produce it for your approval before bulk production. Sample fees and sample shipping costs are stated in your quote and are non-refundable once the sample has been made.
Bulk production is made to the approved sample and the specifications confirmed in writing. Please check samples, artwork, sizing and labels carefully: you are responsible for errors in anything you have approved.
Changes requested after approval may affect the price and delivery dates, and need our written agreement.
4. Prices and payment
Prices are stated in your quote or invoice, in the currency shown there. Unless the quote says they are included, prices do not include shipping, insurance, import duties, taxes, or bank and payment charges.
Payment terms, including any deposit, are stated in your quote or invoice. Production starts, and goods ship, only after the payments due at that stage have been received.
If a payment is late, we may pause work and adjust delivery dates. Goods remain the property of Nevear until they have been paid for in full.
5. Production and delivery times
The timelines we give for sampling, production and shipping are estimates, not guarantees. They depend on product complexity, order size, material availability, how quickly approvals are given, and shipping conditions.
We will tell you if we expect a significant delay to your order.
6. Quantity, color and measurement tolerances
Custom apparel is made in batches, and small variations are normal. The quantity delivered may be up to 5% above or below the quantity ordered, and you will be invoiced for the quantity actually delivered.
Reasonable variations in color, shade, fabric weight, print placement and measurements within normal industry tolerances are not defects. Colors shown on a screen may differ from the finished product.
7. Shipping, customs and risk
We arrange shipping to the destination in your order and can assist with customs clearance. The delivery terms that apply are stated in your quote.
Unless your quote says they are included, import duties, taxes and customs fees charged in the destination country are your responsibility.
Risk of loss or damage passes to you under the delivery terms in your quote. If none are stated, it passes when the goods are delivered to the address in your order.
Please inspect deliveries when they arrive and record any visible transit damage with the carrier.
8. Quality and defect claims
We check goods before they ship. If goods are defective, or do not match the approved sample and written specifications, tell us in writing within 14 days of delivery. Include your order number, a description of the problem and photographs, and keep the affected goods so that we can assess them.
For a valid claim we will, at our choice, repair or remake the affected items, or credit or refund the price paid for them. This is our entire responsibility for defective goods.
We are not responsible for problems caused by wear, washing or handling that does not follow the care instructions, alterations made by others, materials or artwork you supplied, or variations within the tolerances described above.
9. Cancellations, returns and refunds
Because products are made to your specifications, they cannot be returned or exchanged unless they are defective as described above.
You may cancel an order before production starts. We will refund what you have paid, less any costs already incurred, such as sampling, materials and set-up.
Once production has started, an order cannot be cancelled and payments are non-refundable.
10. Your designs and intellectual property
You keep ownership of the designs, artwork, logos and trademarks you give us. You give us permission to use them only to produce your samples and orders.
You confirm that you own, or have permission to use, everything you ask us to produce, and that it does not infringe anyone else’s rights. You agree to cover any claims, losses and costs that arise because materials you supplied infringe someone else’s rights.
We may refuse to produce anything we reasonably believe is counterfeit, infringes another party’s rights, or is unlawful.
We do not sell or share your designs with other customers. Unless you ask us in writing not to, we may show photographs of finished products in our portfolio and marketing.
11. Confidentiality
We treat the non-public designs, tech packs and business information you share with us as confidential, and use them only to provide our services. We share them only with the partner factories and suppliers that need them to produce your order.
12. Using this website
The content on nevear.com, including text, images, graphics and logos, belongs to Nevear or its licensors. It may not be copied or reused for commercial purposes without our written permission.
Information on this website, such as product descriptions, images, minimum quantities and typical lead times, is general information and not an offer. The details that apply to your order are those in your quote.
You agree not to misuse the website. This includes attempting to gain unauthorized access, interfering with how it works, or collecting contact details or other content by automated means.
The website may link to third-party websites. We are not responsible for their content or practices.
13. Warranties and limitation of liability
Except as stated in these Terms or in your quote, the website, services and products are provided without warranties of any kind, whether express or implied, including implied warranties of merchantability and fitness for a particular purpose, to the fullest extent permitted by law.
To the fullest extent permitted by law, Nevear is not liable for indirect, incidental, special or consequential losses, including lost profits, lost sales or loss of business. Our total liability for any claim relating to an order is limited to the amount you paid for that order.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, or takes away rights you have under mandatory consumer protection laws.
14. Events outside our control
We are not responsible for a delay or failure to perform that is caused by events beyond our reasonable control, including natural disasters, epidemics, war, strikes, shortages of materials, transport or port disruption, customs delays and government action. We will tell you as soon as we reasonably can, and resume once the event has ended.
15. Governing law and disputes
These Terms are governed by the laws of the State of Wyoming, USA, without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Please contact us first so that we can try to resolve any concern. If a dispute cannot be resolved informally, it will be brought in the state or federal courts located in Wyoming, and you and Nevear consent to the jurisdiction of those courts.
16. General
- If any part of these Terms is found to be unenforceable, the rest remains in effect.
- If we do not enforce a right under these Terms, that does not mean we have given it up.
- You may not transfer your rights under these Terms to someone else without our written consent.
17. Changes to these Terms
We may update these Terms from time to time. The version posted on this page when you place an order applies to that order. The date at the top of this page shows when the Terms were last updated.
Contact Us
If you have any questions about these Terms, please contact us.
Nevear Apparel LLC, 5830 E 2nd St, Ste 7000 #28647, Casper, Wyoming 82609 USA. Email: