Terms of Service

These Terms of Service govern your use of fivepercentcapacityapparel.com and all purchases made from Five Percent Capacity Apparel.

Throughout these Terms, “Five Percent Capacity Apparel,” “we,” “us,” and “our” refer to Five Percent Capacity Apparel. “Customer,” “you,” and “your” refer to any person who visits our website, creates an account, or places an order.

By visiting our website or purchasing a product, you agree to these Terms of Service, together with our Privacy Policy, Shipping Policy, Refund Policy, and any other policies displayed on our website.

1. ONLINE STORE TERMS

You must be the age of majority in your province, state, or territory—or have permission from a parent or legal guardian—to make a purchase through our website.

You may not use our website or products for an unlawful, fraudulent, abusive, or unauthorized purpose.

You must not attempt to introduce malicious software, interfere with the operation or security of the website, access restricted areas of the website, or collect information about other customers.

A violation of these Terms may result in the cancellation of an order, suspension of access to the website, or other appropriate action.

2. BUSINESS AND FULFILLMENT INFORMATION

Five Percent Capacity Apparel is operated remotely from Alberta, Canada.

Our products are printed on demand and fulfilled by a third-party production supplier located in the United States. As a result, orders delivered to Canadian customers are generally shipped across the Canada–United States border.

The use of a third-party production or fulfillment supplier does not reduce any consumer rights that cannot legally be excluded.

3. PRODUCT INFORMATION

We make reasonable efforts to ensure that product descriptions, photographs, digital mockups, colours, measurements, sizing information, availability, and prices are displayed accurately.

However:

Colours may appear differently depending on the customer’s screen, device, display settings, or lighting.
Product photographs and digital mockups may not represent the exact scale or placement of printed artwork.
Print placement, sizing, and colour may vary slightly between individual products.
Measurements may vary within reasonable manufacturing tolerances.
Product materials, construction, or minor design details may be changed by a supplier without notice when the overall product remains substantially similar.

Reasonable differences in colour, print placement, sizing, or manufacturing are not normally considered defects.

Customers are responsible for reviewing the applicable size chart and confirming the product, size, colour, quantity, design, and shipping information before completing checkout.

4. PRINT-ON-DEMAND PRODUCTS

Our products are created specifically after an order is submitted.

Production normally takes approximately 1–3 days, depending on the quantity ordered, product availability, supplier production volume, and other operational factors. Production times are estimates and are not guaranteed.

Because production may begin shortly after an order is placed, changes or cancellations may not be possible after an order has been submitted to our production supplier.

If you need to request a change or cancellation, contact us as soon as possible at fivepercentcapacity@outlook.com. We will make reasonable efforts to assist, but we cannot guarantee that an order can be changed or cancelled once production has started.

Nothing in this section limits any cancellation, refund, or other consumer rights that cannot legally be excluded.

5. PRICES, TAXES, AND PAYMENT

Prices are displayed in the currency shown on the website or during checkout.

Unless expressly stated otherwise, product prices do not include shipping charges, applicable sales taxes, customs duties, brokerage fees, tariffs, or import charges. Applicable charges known at checkout will be displayed before the order is completed.

You agree to provide accurate and current payment, billing, shipping, and contact information.

By submitting payment information, you confirm that you are authorized to use the selected payment method and authorize us and our payment processor to charge the total amount displayed at checkout.

We reserve the right to correct genuine pricing, description, or availability errors. If an error affects an order that has already been submitted, we will contact you before proceeding or cancel the affected item and issue an appropriate refund.

6. ORDER ACCEPTANCE AND CANCELLATION

An order confirmation means that we received your order. It does not necessarily mean that the order has been accepted or entered production.

We may refuse, limit, or cancel an order for reasons including:

Product or material unavailability.
Pricing, description, or listing errors.
Payment authorization problems.
Suspected fraud or unauthorized activity.
Suspected commercial resale of our designs.
Shipping or legal restrictions.
Circumstances outside our reasonable control.

If we cancel a paid order, we will refund the amount charged for the cancelled product or order.

We may limit quantities purchased by the same customer, account, payment method, billing address, or shipping address where reasonably necessary to prevent fraud or unauthorized resale.

7. DISCOUNT CODES AND PROMOTIONS

Promotional codes:

Must be entered before checkout is completed.
Cannot be exchanged for cash.
Cannot normally be combined unless expressly stated otherwise.
May be limited to one use per customer or subscriber.
Cannot normally be applied retroactively to a completed order.
May be subject to product, date, location, or minimum-purchase restrictions.

Promotional offers may be changed, suspended, or withdrawn, subject to applicable law. Orders already completed under a valid promotion will not be changed solely because the promotion later ends.

8. PRODUCTION AND SHIPPING

Production normally takes approximately 1–3 days. Once production is complete and the order has shipped, a shipping-confirmation notice will be sent to the email address provided at checkout.

Estimated delivery time is approximately 4–15 days after production is complete and shipping confirmation is provided.

Production and shipping timeframes are estimates rather than guaranteed delivery dates. Actual timeframes may be affected by:

Order quantity or product availability.
Supplier production volumes.
Carrier delays or service interruptions.
Weather or emergency conditions.
Border or customs processing.
Labour disruptions.
Changes in Canadian or United States trade requirements.
Incorrect or incomplete customer information.
Circumstances outside our reasonable control.

We are not responsible for reasonable delays caused by circumstances outside our control. Our responsibilities remain subject to any delivery deadlines or remedies required by applicable consumer-protection law.

9. SHIPPING CONFIRMATION AND TRACKING

Tracking information will be provided when the order has shipped and tracking becomes available from the carrier.

Customers are responsible for:

Providing a complete and accurate email address.
Providing a complete and accurate shipping address.
Monitoring the tracking information supplied.
Contacting us promptly if tracking appears incorrect or the shipment appears significantly delayed.

We are not responsible for delays, failed delivery, or additional shipping expenses caused by inaccurate or incomplete information supplied by the customer.

If an order is returned because of an inaccurate address, incomplete address, refusal of delivery, or failure to collect the parcel, the customer may be responsible for reasonable reshipping costs where permitted by law.

10. DELIVERED PACKAGES AND PACKAGE THEFT

Once tracking information from the shipping carrier confirms that a package has been delivered to the address provided at checkout, Five Percent Capacity Apparel is not responsible for theft, disappearance, or loss occurring after delivery, including theft commonly referred to as “porch piracy.”

Customers are responsible for providing a secure delivery location and monitoring the tracking information supplied with their order. Where available, customers may wish to arrange delivery to a secure location or use the carrier’s delivery-management options.

If a package is marked as delivered but cannot be located, the customer should:

Check the property, mailbox, entrance, or other locations where the carrier may have left it.
Ask household members, neighbours, building management, reception staff, or anyone else who may have accepted the package.
Contact the shipping carrier using the tracking number provided.
Report suspected theft to local police where appropriate.

We will provide reasonable assistance by supplying available tracking or shipping information and, where appropriate, assisting with a carrier inquiry. However, a package confirmed as correctly delivered does not automatically qualify for a refund or replacement.

This provision does not apply where the package was delivered to an address different from the address provided at checkout, where the carrier’s delivery confirmation is proven to be incorrect, or where applicable consumer-protection law requires another remedy.

11. CROSS-BORDER SHIPPING, CUSTOMS, AND IMPORT CHARGES

Orders are fulfilled and shipped from the United States, including orders delivered to customers in Canada.

At the time these Terms were last updated, our Canadian customers had generally not experienced separate customs duties, tariffs, or import charges on their deliveries. However, this is not a guarantee that future orders will remain free from these charges.

Customs requirements, tariffs, taxes, brokerage charges, duties, and import rules are determined by governments, customs authorities, and shipping carriers. These requirements may change without notice, including because of trade disputes or changes in Canadian or United States trade policy.

Unless expressly stated as included during checkout, customs duties, import taxes, tariffs, brokerage fees, or similar government or carrier charges imposed on an order are the customer’s responsibility.

Five Percent Capacity Apparel does not control these charges and cannot guarantee whether they will apply or what amount may be charged.

Delays caused by customs or border processing are outside our reasonable control. Nothing in this section limits any rights or remedies available under applicable consumer-protection law.

12. RETURNS, EXCHANGES, AND ORDER PROBLEMS

Returns, exchanges, damaged products, defective products, and incorrect orders are governed by our Refund Policy, which forms part of these Terms.

If an item arrives damaged, defective, misprinted, or different from the confirmed order, contact us within 14 days of delivery at fivepercentcapacity@outlook.com.

Please include:

Your name.
Your order number.
A clear description of the problem.
Clear photographs of the product.
Photographs of the packaging and shipping label where relevant.

Do not return an item unless we have provided return instructions.

Depending on the circumstances and applicable legal requirements, an approved remedy may include a replacement, store credit, partial refund, or refund to the original payment method.

13. SIZING AND CHANGE-OF-MIND RETURNS

Customers are responsible for reviewing the applicable size chart and choosing the correct product, size, colour, and design before submitting an order.

Because products are printed on demand specifically for each customer, we do not generally accept returns or exchanges solely because:

The customer ordered the wrong size.
The customer selected the wrong colour or design.
The customer no longer wants the product.
The product fits differently than expected but matches the listed size and measurements.
The customer made an error when submitting the order.

Nothing in this section limits any return, refund, cancellation, or other rights that cannot legally be excluded under applicable consumer-protection law.

14. GIFT CARDS AND STORE CREDIT

Gift cards and store credits:

Cannot be exchanged for cash except where required by law.
Must not be reproduced, resold, or obtained fraudulently.
May be cancelled if obtained or used through fraudulent or unauthorized activity.
Are subject to any additional conditions displayed when issued.

Customers are responsible for protecting gift-card and store-credit information from unauthorized use.

15. INTELLECTUAL PROPERTY

Our website and its content—including the Five Percent Capacity Apparel name, logos, artwork, slogans, product designs, graphics, photographs, videos, written content, and branding—are owned by or licensed to Five Percent Capacity Apparel.

You may not copy, reproduce, manufacture, modify, publish, distribute, sell, license, or commercially use our content or designs without prior written permission.

Purchasing a product does not transfer ownership of the artwork, design, trademark, copyright, or other intellectual property appearing on that product.

Our products may not be reproduced or resold as counterfeit, unauthorized, or modified Five Percent Capacity Apparel merchandise.

16. CUSTOMER REVIEWS AND SUBMITTED CONTENT

If you submit a review, photograph, testimonial, social-media tag, comment, suggestion, or other content, you confirm that:

You own the content or have permission to submit it.
The content does not violate another person’s privacy or intellectual-property rights.
The content is not unlawful, threatening, discriminatory, deceptive, defamatory, or malicious.
The content does not contain malware, spam, or misleading commercial material.

We will not use identifiable customer photographs in advertising or promotional materials without permission.

If you expressly authorize us to use submitted content, you grant Five Percent Capacity Apparel a non-exclusive, royalty-free licence to reproduce and display that content for the purposes explained when permission was obtained.

We may remove content that violates these Terms or applicable law.

17. MENTAL-HEALTH AND MISSION DISCLAIMER

Five Percent Capacity Apparel promotes awareness, resilience, community, and support surrounding PTSD and mental health.

Our products, website content, social-media posts, journal articles, and other materials are not medical advice, diagnosis, counselling, treatment, or crisis-support services.

Purchasing or using our products does not create a healthcare, therapeutic, counselling, or professional relationship.

Anyone experiencing a medical or mental-health emergency should contact local emergency services or an appropriate crisis-support service.

Unless expressly stated for a specific product or campaign, purchasing from Five Percent Capacity Apparel does not mean that a fixed amount or percentage of the purchase price will be donated to a charity or other organization.

18. THIRD-PARTY SERVICES

We may use third parties to provide services such as:

Website hosting.
Payment processing.
Product manufacturing and printing.
Order fulfillment.
Shipping and delivery.
Analytics.
Email communications.
Marketing or advertising.

These third-party services may have their own terms, policies, and privacy practices.

We are not responsible for independently operated third-party websites or services merely because our website links to or integrates with them. This does not remove any responsibility we have under applicable law for our own conduct or handling of customer information.

19. PRIVACY AND CUSTOMER INFORMATION

We collect, use, store, and disclose personal information according to our Privacy Policy and applicable Canadian privacy laws.

By submitting an order, you authorize us and our service providers to use the information reasonably necessary to:

Process payment.
Verify and fulfill the order.
Manufacture and ship products.
Provide tracking information.
Prevent fraudulent transactions.
Communicate about the order.
Provide customer service.
Meet our legal and accounting obligations.

Marketing messages will be sent only in accordance with applicable consent requirements. Recipients may unsubscribe using the link included in marketing messages.

20. PROHIBITED USES

You may not use the website to:

Commit fraud or violate applicable law.
Submit false or misleading information.
Introduce malware or interfere with website security.
Scrape, harvest, sell, or misuse website or customer information.
Infringe intellectual-property, privacy, or other legal rights.
Impersonate another person or business.
Attempt to gain unauthorized access to accounts or systems.
Circumvent product limits, promotion conditions, or security measures.
Reproduce or commercially resell our designs without authorization.
Harass, threaten, abuse, or discriminate against another person.

21. DISCLAIMER AND LIMITATION OF LIABILITY

To the fullest extent permitted by law, the website and its content are provided without guarantees beyond those expressly stated in these Terms.

Five Percent Capacity Apparel is not responsible for indirect, incidental, special, or consequential losses arising from the use of the website or purchase of a product where such liability can legally be limited.

Where liability may legally be limited, our total liability relating to a particular purchase will not exceed the amount paid for the product giving rise to the claim.

Nothing in these Terms excludes or limits:

Consumer rights that cannot legally be waived.
Liability for fraud, intentional misconduct, or gross negligence.
Any warranty, condition, duty, remedy, or liability that cannot lawfully be excluded.

22. INDEMNIFICATION

To the extent permitted by law, you agree to indemnify Five Percent Capacity Apparel against reasonable third-party claims arising from:

Your unlawful use of the website.
Your infringement of another party’s intellectual-property or privacy rights.
Your material violation of these Terms.
Content you submit without the required ownership or permission.

This provision does not apply to losses caused by the unlawful conduct, negligence, or misconduct of Five Percent Capacity Apparel.

23. GOVERNING LAW

These Terms are governed by the laws of the Province of Alberta and the applicable federal laws of Canada.

Any dispute may be brought before a court with lawful jurisdiction in Alberta, subject to any consumer right to bring a claim elsewhere or use another remedy that cannot legally be restricted.

Nothing in these Terms requires a customer to waive rights, benefits, protections, or remedies provided by applicable consumer-protection legislation.

24. CHANGES TO THESE TERMS

We may update these Terms from time to time to reflect changes in our business practices, suppliers, shipping arrangements, trade requirements, website services, or legal obligations.

The updated version will be posted on this page with a revised “Last updated” date.

Changes apply prospectively and do not reduce rights already attached to a completed purchase unless permitted by law.

25. SEVERABILITY

If any portion of these Terms is found to be unlawful or unenforceable, that portion will be limited or removed only to the extent necessary.

The remaining portions will continue to apply.

26. NO WAIVER

If we do not immediately enforce a provision of these Terms, that does not mean we have waived the right to enforce it later.

A waiver relating to one situation does not automatically apply to another situation.

27. ENTIRE AGREEMENT

These Terms, together with the policies referenced in them and the information displayed during checkout, form the agreement between the customer and Five Percent Capacity Apparel concerning use of the website and purchases made through it.

If there is a conflict between these Terms and a specific written promise displayed during checkout, the more specific checkout information will apply to that order, subject to applicable law.