Welcome to Top Banana USA! Please read these terms carefully, as they form a legal agreement between you and Top Banana USA. At the beginning of each section, you'll find a brief summary to help you navigate. Remember, these summaries don't replace the full text.
This document outlines the legally binding agreement ("Agreement") between you ("you" or "your") and Top Banana USA, Inc., a Delaware corporation. This Agreement governs your use of the TopBananaUSA.com website (the "Site") and all services offered on or through the Site (collectively, the "Services").
Top Banana USA, "we," "our," and "us" refer to Top Banana USA and all its subsidiaries and affiliated companies. Top Banana USA is a print-on-demand company that helps businesses outsource printing and delivery. We white-label print and dropship products ("Products") directly to you and your customers ("Customers").
By using our Services, you agree to these terms. If you place an order for Products or Services from the Site, you also accept and are bound by this Agreement. If you don't agree to these terms, please do not use the Site or any other Services.
If you use our Services for personal use, you are a "User."
If you use our Services to fulfill orders or deliver Products to third parties (including Customers), you are a "Merchant."
Important Note for All Users and Merchants: Section 18 of this Agreement requires that almost all disputes be resolved through individual arbitration, not jury trials or class actions. This applies even if you are in the European Economic Area or the United Kingdom, for any action you might bring against Top Banana USA in the United States.
Summary: You must be of legal age to use Top Banana USA and are fully responsible for your account. We can modify, cancel, or refuse service if you violate our terms or act in bad faith.
To fully enjoy Top Banana USA's benefits, you can register an account and become a "Member." Membership requires you to register on the Site, including providing accurate personal information. You can opt out of marketing and promotional emails at any time. You can also cancel your membership online on the Site whenever you wish.
To register, you'll need to provide your name, surname, email address, and a password. You must never use another user's Top Banana USA account without their permission. You are solely responsible for all activity on your account and must keep your password secure. You must notify Top Banana USA immediately of any security breach or unauthorized use of your account. While Top Banana USA won't be liable for your or your Customer's losses due to unauthorized account use, you may be liable for losses incurred by Top Banana USA or others.
Top Banana USA can change, suspend, or discontinue the Services, Products, fees, and terms at any time, including the availability of features or content. However, this won't affect orders already confirmed for Users in the European Economic Area or the United Kingdom. We may also limit certain features or restrict access to parts or all of the Services without notice or liability.
If you are an individual, you certify to Top Banana USA that you are at least 18 years old (or 20 years old if you reside in Japan). If you are using the Services on behalf of an organization or entity, you certify that you are legally authorized to bind that organization or entity to this Agreement and to use the Services. Regardless, you agree to take full responsibility for your choice and use of the Services. This Agreement is void where prohibited by law, and the right to access or use the Services is revoked in such jurisdictions.
Summary: We can modify our terms, services, and fees. Please check the Policy Updates section on our website for changes.
Top Banana USA reserves the right, at its sole discretion, to modify this Agreement and its terms, as well as the fees and other charges for our Services, at any time. This will not affect orders already confirmed for Users in the European Economic Area or the United Kingdom. All modifications will become effective immediately after Top Banana USA posts them on the Site.
You are responsible for reviewing and understanding all modifications. You agree to review this Agreement each time you access or use the Site to stay aware of any changes. Your continued use of the Site and other Services after modifications are posted means you accept the updated terms. If you do not agree to the modified terms, you are not authorized to access or use the Site or other Services, and you must notify Top Banana USA in writing (including via email) to close your account within 30 days of the notice.
Summary: Top Banana USA respects intellectual property rights and expects you to do the same. Anything you upload remains yours, and you're responsible for it. We'll only use your content to provide our services. If we receive a DMCA or EU illegal content notice, we may remove the content or suspend access.
All content you post, submit, upload, display, sell, or use ("post") through our Services (including information, images, pictures, data, text, photographs, graphics, messages, and other materials, hereinafter "Content") is yours. We don't claim ownership of it. This includes anything you post using our Services, such as your Content, images, shop name, customer reviews, comments, videos, usernames, etc.
Responsibility for the Content: You are solely responsible for the Content you post on or through the Services. You confirm that you have all necessary rights to the Content, including the rights to post it or use it on your Products sold, manufactured, or warehoused by Top Banana USA. You also confirm that by posting the Content or using it on your Products, you are not infringing on any third party's rights.
Permission to Use the Content: Top Banana USA agrees that any Content you post using our Services will remain yours. This means we will only use your Content with your explicit permission or as otherwise stated in this Agreement.
Rights You Grant Top Banana USA: By posting your Content, you grant Top Banana USA a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of your Content. We use this license to provide the Services, improve their quality, and to promote Top Banana USA, your Top Banana USA store, or the Services in general, across all formats and channels, including our Services, third-party websites, advertising mediums, and social media. You confirm you have the rights to grant us this license.
Reporting Unauthorized Content: Top Banana USA respects intellectual property rights and follows intellectual property laws. We are committed to using appropriate legal procedures to remove infringing content from the Service(s).
Intellectual Property: Top Banana USA respects your work and empowers your expression. We ask that you respect the work and creative rights of others. You must either own the Content you post to Top Banana USA or have express authority to post it. Content must comply with publicity rights, trademark and copyright laws, and all other applicable national, state, and federal laws.
Trademarks and Infringement of Intellectual Property: We are committed to following legal procedures to remove infringing content from the Services. Top Banana USA will try to accommodate and not interfere with standard technical measures used by copyright owners to identify and protect their works. Top Banana USA reserves the right, at its sole discretion, to do any or all of the following at any time: (i) immediately suspend your use of the Services; and/or (ii) remove, block, and disable access to any of your Content that is alleged to infringe the intellectual property rights of others. When we receive notice of intellectual property infringement (via the form available [here](insert link to form)), Top Banana USA strives to respond quickly by removing, blocking, or disabling access to the allegedly infringing material. When Top Banana USA takes such action, we make a reasonable attempt to contact the allegedly infringing party, provide information about the notice and removal, and, in cases of alleged copyright infringement, provide information about counter notification.
DMCA Cooperation: Top Banana USA's copyright infringement notice and Content removal policies are intended to comply with the Digital Millennium Copyright Act (DMCA). Our policies may change in accordance with DMCA requirements. More information about DMCA procedures is available [here](insert link to DMCA info).
Counter DMCA Notifications: If Top Banana USA receives a DMCA counter notification, we will send a copy to the original complaining party. Unless the copyright owner files a court action against the allegedly infringing party and informs Top Banana USA, the removed, blocked, or disabled material may be replaced or access restored 10-14 business days after the counter notice is delivered. If an action is filed, the Content will remain removed, blocked, or disabled at Top Banana USA's sole discretion.
Repeat Infringement: Top Banana USA may terminate account privileges for Members who are subject to repeat notices of intellectual property infringement, as determined by Top Banana USA at its sole discretion.
Copyright and Trademark Responsibility: By accepting this Agreement and using our Services, you agree and confirm that you own all rights (including copyrights) for the Content you post. If you are not the owner, you confirm that you have permission to use and reproduce the Content in connection with the Services and that you have all necessary rights to post your Content. Likewise, by accepting this Agreement and using our Services, you agree and confirm that you own or have permission to use all copyrights, trademarks, service marks, trade dress, and trade names incorporated into the Content you post or use in connection with any Content and the Services provided under this Agreement.
Inappropriate, False, or Misleading Content: There are certain types of Content we do not want submitted to our Services for legal or other reasons. You agree not to post any content that is abusive, threatening, defamatory, obscene, vulgar, illegal, or otherwise offensive or in violation of any part of this Agreement. You also agree not to post any Content that is false or misleading or uses the Services in a fraudulent or deceptive manner.
European Union Illegal Content: We have implemented a complaint mechanism to comply with the Digital Services Act (Regulation (EU) 2022/2065). This allows anyone to report content they suspect to be illegal using the European Union illegal content notice available [here](insert link to EU illegal content notice). We are committed to evaluating reported allegations and striving to make appropriate decisions, which may include terminating Services. If you are not satisfied with our decision, you have the right to appeal, and you will be informed of appeal options along with our decision.
Summary: By using Top Banana USA, you agree to use our services according to our terms and to respect our brand. We will contact you via email.
We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services, platforms, and integrations, subject to this Agreement and the following restrictions:
Don’t Use Our Services to Break the Law: You agree not to violate any laws in connection with your use of the Services. This includes all local, state, federal, and international laws that apply to you or Top Banana USA. For example, it's your responsibility to obtain any necessary permits or licenses for your store. You must not engage in fraud, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Top Banana USA, another Top Banana USA user, or a third party. You also confirm that you are not subject to trade, financial, or economic sanctions, and you do not appear on any sanctions-related lists (including those maintained by the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), the U.S. Department of State, the U.S. Department of Commerce, the European Union, or Her Majesty’s Treasury of the United Kingdom). You also agree not to export, reexport, or otherwise transfer Top Banana USA’s Products to countries or territories subject to comprehensive embargoes or sanctions, or to parties on the sanctions-related lists mentioned above. You agree not to use the Services: (i) to impersonate or attempt to impersonate Top Banana USA, any other Top Banana USA Party (as defined below), or any other person or entity; or (ii) to exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content or otherwise. The "Top Banana USA Parties" collectively refer to: (a) Top Banana USA; (b) Top Banana USA’s subsidiaries, affiliated companies, and joint ventures; and (c) the officers, directors, members, managers, equity holders, agents, and employees of Top Banana USA and its subsidiaries, affiliated companies, and joint ventures.
Don’t Try to Harm Our Systems: You agree not to interfere with or disrupt our Services, for example, by distributing viruses or other harmful computer code into our platforms, third-party services, or other programs or systems our clients may use to promote their Products. You agree not to use the Services: (i) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with this Agreement; or (ii) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm any Top Banana USA Party or expose them to liability. You agree that Top Banana USA reserves the right to audit our platforms (systems) to ensure integrity and compliance with this Agreement, at Top Banana USA's sole discretion.
Follow Brand Guidelines: The name “Top Banana USA,” our iconography, phrases, logos, and designs used in connection with our Products or Services are trademarks, service marks, or trade dress of Top Banana USA in the US, European Union, and all other countries, used for proprietary purposes at our sole discretion. Except as expressly provided in this Agreement, Top Banana USA does not grant you any rights to use its trademarks, service marks, or trade dress. You may state in connection with the Services or Products provided by Top Banana USA that Top Banana USA provided such Services or Products. If you use any of our trademarks in reference to our Products or Services, you must include a statement attributing that trademark to us. You must not use any of our trademarks: (i) in or as the whole or part of your own trademarks; (ii) in connection with activities, Products, or Services that are not ours; (iii) in a manner that may be confusing, misleading, or deceptive; or (iv) in a manner that disparages us or our information, Products, or Services (including the Site). Top Banana USA reserves the right to request you to immediately remove any such misused iconography, phrases, logos, and designs at our sole discretion.
Share Your Ideas: We welcome your suggestions and ideas to improve our Services. Any unsolicited ideas or materials you submit to Top Banana USA (excluding your Content or Products you sell or warehouse through our Services) are considered non-confidential and non-proprietary to you. By submitting these ideas and materials, you grant us a non-exclusive, worldwide, royalty-free, non-revocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
Communication Methods: Top Banana USA will provide you with certain legal information in writing. By using our Services, you agree to our communication methods, meaning we reserve the right to send you information electronically (e.g., by email) instead of mailing paper copies. For Pennsylvania Users: If you have a complaint regarding the Services, you may contact the Pennsylvania Bureau of Consumer Protection in writing at Strawberry Square, 16th Floor, Harrisburg, PA 17120, or by telephone at (717) 787-9707 or (800) 441-2555 (toll-free in PA). You can contact us at: Top Banana USA, Inc. 11025 Westlake Dr., Charlotte, NC 28273, or support@Top Banana USA.com.
Digital Items: Digital items (like mockups, templates, images, and other design assets) and texts created in connection with the Products and/or Services we offer, along with their intellectual property rights, belong exclusively to Top Banana USA. Digital items and any results may only be used to advertise, promote, offer, and sell Top Banana USA’s Products and cannot be used for other purposes or with products from other manufacturers. If Top Banana USA provides the ability for Users to modify or customize any Digital Items, you must ensure that the Content used complies with intellectual property laws and our Acceptable Content guidelines.
Summary: You are responsible for communicating with your customers and handling their claims. We provide our services "as is," and they may have errors or interruptions.
Items Your Clients Purchase Through Our Sites: You understand that Top Banana USA cannot and does not make any warranties about your Content, stores, or what you sell to your Customer that we may warehouse. Any legal claim related to a Product your Customers purchase must be brought directly against you as the seller of the Product. You release Top Banana USA from any claims related to Products sold by you through our Services, including claims for misrepresentations by you to your Customers or claims for physical injury or property damage caused by any of your Products warehoused by Top Banana USA.
Content You Access: Your Customers may encounter offensive or inappropriate materials while using our Services. We make no representations concerning any content posted by others through the Services. Top Banana USA is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by others that you access through the Services. You release us from all liability relating to that content.
Third-Party Services: Our stores on our Site(s) may contain links to third-party websites or services that we don't own or control (e.g., Facebook, Twitter, Pinterest). You may also need to use a product or service from one of our subcontractors or other third parties to use some of our Services (e.g., a compatible mobile device for our mobile apps). When you access these third-party services, you do so at your own risk. These third parties may require you to accept their own terms of use. Top Banana USA is not a party to those agreements; they are solely between you and the third party. You agree that Top Banana USA will not be liable to you in any way for your use of these third-party services.
Services: Top Banana USA strives to make our Services the best they can be, but we are not perfect, and sometimes things can go wrong. You understand that our Services are provided “as is,” with all faults and without any warranty (express or implied), except for the warranties provided for Products in Section 6 below. To the fullest extent permitted by law, we expressly disclaim any and all warranties or conditions of non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties or conditions implied by a course of performance, course of dealing, or usage of trade, with respect to our Services, except for the warranties or conditions provided for Products in Section 6 below. Some jurisdictions do not allow limitations on implied warranties or conditions, so the above limitations may not apply to you. We do not guarantee that:
the Services will be secure or available at any particular time or location – Top Banana USA will not be liable for any delays, interruptions, or loss of data in connection with the use of our Site and Services. Top Banana USA will strive to ensure that Services are carried out in other locations if they cannot be performed at the initially intended location.
any errors for which Top Banana USA is responsible will be corrected;
the Services will always be free of viruses or other harmful materials; or
the results of using the Services will meet your expectations. You use the Services solely at your own risk.
Liability Limits: To the fullest extent permitted by law, neither Top Banana USA nor any other Top Banana USA Party will be liable to you or your Customers for any lost profits or revenues, diminution in value, or for any consequential, incidental, indirect, special, exemplary, enhanced, or punitive damages arising out of or relating to the Services or this Agreement, regardless of (i) whether any of the foregoing damages were foreseeable, (ii) whether or not you were advised of the possibility of incurring any of the foregoing damages, (iii) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based, and (iv) any specific circumstances of you and/or your Customer. The liability of the Top Banana USA Parties will under no circumstances exceed the actual amount paid by you for the Service that you have purchased or used through the Site. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential, or certain other damages, so the above limitations and exclusions may not apply to you.
Summary: This section covers our obligations for Top Banana USA products. If you have an issue with your order, you may be eligible for a replacement or refund, so contact us as soon as possible. This section does not apply to Users residing in the European Economic Area or the United Kingdom (see Section 7).
Limited Warranty: We warrant that, at the time of delivery of a Product to a User or the Merchant’s Customer, the Product will not be materially defective or damaged (the “Limited Warranty”). Customers residing in Brazil have the right to cancel and return their order within 7 days, for any reason.
Who May Use This Warranty? Top Banana USA extends the Limited Warranty only to Users and Merchants. All Limited Warranty coverage terminates if the User or the Merchant’s Customer sells or otherwise transfers a Product.
What Does This Warranty Not Cover? This Limited Warranty does not cover any damage to or defect in a Product caused by any of the following: (a) you or third parties; (b) any improper handling (including during shipping), use, or storage of the Product; (c) any failure to follow any Product instructions; (d) any modifications to the Product; (e) any unauthorized repair to the Product; or (f) any external causes such as accidents, fire, flood, “acts of God,” or other actions or events beyond our reasonable control; or (g) any costs or expenses related to the loss of use of the Product or any other costs or expenses not covered by this Limited Warranty. This Limited Warranty does not cover any items supplied by third parties, size exchanges, or buyer’s remorse. Finally, as noted elsewhere in this Agreement, we cannot guarantee that the colors and details in our website images are 100% accurate representations of a Product, and sizes might in some cases be approximate. Accordingly, this Limited Warranty does not cover such matters.
What Is The Period Of Coverage? This limited warranty starts on the date of the delivery of the Product to the User or the Merchant’s Customer and lasts for thirty (30) days (the “Warranty Period”). For the avoidance of doubt, Top Banana USA acknowledges that according to some jurisdictions the User may be entitled to a longer Warranty Period.
What Are Your Remedies Under This Warranty? With respect to any materially defective or damaged Product, we will, in our sole discretion, either: (a) replace such Product (or the defective or damaged part of the Product) free of charge, or (b) refund the purchase price paid to us by the User or the Merchant along with the shipping fees corresponding to the defective or damaged Products.
How Do You Obtain Warranty Service? Promptly following delivery of a Product, you or your Customer (if you are a Merchant) will inspect the Product. If a Product is materially defective (including any error by Top Banana USA in printing) or damaged upon receipt, or if you received the wrong Product, then to be eligible for service under this Limited Warranty, you must submit a claim within the Warranty Period in compliance with our Return Policy. If you are a Merchant, your Customer should contact you regarding any defective or damaged Product and with respect to any delivery of the wrong Product.
Limitation of Liability: The remedies described in this Section 6 are your sole and exclusive remedies (and our entire liability) for any breach of this Limited Warranty. Our liability for a defective or damaged Product will under no circumstances exceed the actual amount received by us for the Product, nor will we under any circumstances, to the fullest extent permitted by law, be liable for any lost profits or revenues, diminution in value, or for any consequential, incidental, indirect, special, exemplary, enhanced, or punitive damages or losses arising out of our Products, regardless of (i) whether any of the foregoing damages were foreseeable, (ii) whether or not you were advised of the possibility of incurring any of the foregoing damages, (iii) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based, and (iv) any specific circumstances of you and/or your Customer. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights, and you may also have other rights, which vary from jurisdiction to jurisdiction. We limit the duration and remedies of all implied warranties or conditions with respect to our Products, including without limitation the warranties or conditions of merchantability and fitness for a particular purpose, to the duration of the Warranty Period. Some jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you.
Summary: If you're in the European Economic Area or the United Kingdom, this section explains your rights when there's an issue with your order.
If you're a User residing in the European Economic Area or the United Kingdom, legal guarantees under Directive 1999/44/EC on consumer sales and guarantees (or similar consumer contract regulations) apply to the sale of our products. This means you have the right to get products repaired or replaced free of charge, within legal limits. If those remedies fail, you can receive an appropriate price reduction or cancel the contract. Top Banana USA will cover the delivery costs for returning a product for repair or replacement under this clause, as well as the costs for delivering the repaired or replaced product back to you.
You won't have the right to cancel your order or change your mind as outlined in our Return Policy if the Products we supply are:
Made to your specific designs and clearly personalized; or
Sealed for health protection or hygiene reasons, or both.
For other Products, you have the right to cancel and return your order for any reason within 14 days of the Product's delivery date. You must inform us of your decision to cancel by sending us written notice before this cancellation period expires. You can contact us at info@TopBananaUSA.com.
Within 14 days of notifying us of your cancellation decision, you must also return the product to us using the return address on the original package. You'll be responsible for the direct cost of returning the goods.
Within 14 days of receiving your written cancellation notice, we will promptly issue a refund for the Product and the delivery costs (excluding any extra costs if you chose a delivery method more expensive than our least expensive standard option). We may delay the refund until the Product is returned or we receive proof of return, whichever happens first. The refund will be made to your Top Banana USA Wallet or to the original payment method you used. You may be liable for any decrease in the Product's value resulting from handling beyond what's necessary to determine its nature, characteristics, and function.
Summary: When you use Top Banana USA services, it's your responsibility to follow our policies. If you don't, we might limit or even end your access.
If you violate this Agreement or any other rules, your Top Banana USA account may be terminated. Top Banana USA and its designees have the right (but not the obligation) to pre-screen (using automated and/or manual methods), refuse, or remove any Content available through the Services, at their sole discretion. This includes the right to remove, block, and disable any Content.
You agree that you must evaluate and, to the extent permitted by law, bear all risks associated with using any Content, including relying on its accuracy, completeness, or usefulness. You acknowledge that you cannot rely on any Content created by Top Banana USA or submitted to Top Banana USA, including information in Top Banana USA collaborations, posts, and all other parts of the Top Banana USA Services.
Without limiting other remedies, we may limit, suspend, or terminate our Services and your account, prohibit access to our Site, delay, remove, block, or disable hosted Content, and take technical and legal steps to keep you off the Site if we believe you are causing problems, creating potential legal liabilities, breaching this Agreement, or acting inconsistently with our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for extended periods.
You are responsible for providing Top Banana USA with accurate and truthful information (including, but not limited to, your name and surname if you are a User, or retail price if you are a Merchant). If you provide Top Banana USA with inaccurate or false information:
You will be liable to Top Banana USA for damages and losses (including, but not limited to, taxes) arising from such inaccurate or false information.
You must reimburse such damages and losses (including, but not limited to, taxes) to Top Banana USA.
Top Banana USA will have the right to charge you for such damages and losses (including, but not limited to, taxes) and otherwise limit or suspend your access to the Services.
Summary: To pay for Top Banana USA services, you need a valid, authorized payment method. All fees will be charged to your payment method, which may update automatically. You might need to reimburse us for chargeback fees for returns or claims that don't follow our policies.
You can choose to save your billing information for future orders and charges associated with Top Banana USA Products and/or Services. If you do, you acknowledge and agree that this information will be stored and processed by third-party PCI DSS compliant service providers.
Top Banana USA may participate in Account Updater programs. These programs can automatically update your payment card information if there's a change, such as to the card number or expiration date. If Top Banana USA participates and your financial institution or payment card provider is a participant, you agree to automatic updates to your payment card information. However, Top Banana USA cannot guarantee these updates will be made, so you are ultimately responsible for ensuring your payment card information is current.
When you order a Product or use a Service with a fee, you will be charged, and you agree to pay, the fees in effect at the time the order is placed. We may change our fees from time to time (for example, for holiday sales or discounts on base product prices). The fees for Products and Services (if applicable), along with any associated delivery costs, will be shown on the Site when you place an order or pay for the Service. We may temporarily change fees for promotional events or new Services, and these changes are effective when we post the temporary promotion or new Service on the Site or inform you individually.
The sale will be submitted for processing, and you will be charged as soon as you confirm it. You may then receive an email from us. By placing an order or paying for Services, you confirm that you are legally entitled to use the payment method provided and, for card payments, that you are either the cardholder or have their express permission. In case of unauthorized use of a payment method, you will be personally liable for, and must reimburse Top Banana USA for, damages resulting from such unauthorized use.
Regarding payment methods, you represent to Top Banana USA that:
The billing information you supply to us is true, correct, and complete.
To the best of your knowledge, charges you incur will be honored by your financial institution (including credit card company) or payment service provider.
If you or your Customer make any return or claim that doesn't comply with our policies, you will reimburse Top Banana USA for its losses, which include fulfillment costs and chargeback handling fees (up to $15 USD per chargeback), if applicable. We may refuse to process a transaction for any reason or refuse to provide Services to anyone at any time, at our sole discretion. We will not be liable to you or any third party if we refuse or suspend any transaction after processing has begun.
Unless stated otherwise, you can choose the currency from the options available on the Site in which all fees and payments will be quoted. You are responsible for paying all fees, payments, and applicable taxes associated with our Site and Services. After receiving your order, you may get an email from us with details and a description of the Products ordered. Full payment of the total price, plus taxes and delivery, must be made before your Products are dispatched. Top Banana USA, at its sole discretion, may offer various discounts and change, suspend, or discontinue them at any time. More information about available discounts can be found on the Site, in marketing and promotional emails, or through other channels or events Top Banana USA may use or participate in.
Summary: You are responsible for paying any applicable taxes to your local taxing authority, unless we inform you otherwise.
Except for the limited circumstances mentioned below, you are responsible for (and shall charge) all applicable taxes, such as, but not limited to, sales taxes, VAT, GST, and other duties associated with the Products (if applicable). In some states in the US and other countries, Top Banana USA may collect the applicable taxes from you as the seller and pay this to the relevant tax authority (if applicable). In certain cases, you may need to provide a valid exemption certificate, such as, without limitation, a Resale certificate, VAT ID, or ABN.
Summary: Once you've placed an order, you might not be able to edit the details or cancel it. If there's a shipping issue, contact us within 30 days of the delivery or estimated delivery date. Sometimes, you may need to contact the shipping carrier directly.
Once you have confirmed your order, it may not be possible to edit or cancel it. If you want to change parameters, customer addresses, etc., please check if such an option is available in your account. While we are not obligated to make such modifications, we will do our best on a case-by-case basis.
The risk of loss, damage to, and title for Products pass to you upon our delivery to the carrier. It is your (if you are a User) or your Customer's (if you are a Merchant) responsibility to file any claim with a carrier for a lost shipment if carrier tracking indicates that the Product was delivered. In such a case, Top Banana USA will not issue refunds or resend the Product.
For Users in the European Economic Area or the United Kingdom, the risk of loss, damage to, and title for Products will pass to you when you or a third party you indicated have acquired physical possession of the Products.
If you are a Merchant sending orders to your Customers in Germany, the risk of loss and damage to Products passes to you at the moment after the shipment with the Products has crossed the German border (“Moment of Risk Transfer”). In such a case, Top Banana USA will bear full legal responsibility for the loss of or damage to Products sent to your Customers in Germany if such loss or damage has verifiably occurred before the Moment of Risk Transfer.
If carrier tracking indicates that a Product was lost in transit, you or your Customer may make a written claim for replacement of (or credit to the Member’s account for) the lost Product in compliance with Top Banana USA’s Return Policy. For Products lost in transit, all claims must be submitted no later than 30 days after the estimated delivery date. All such claims are subject to Top Banana USA's investigation and sole discretion. Top Banana USA cannot guarantee delivery to P.O. boxes.
Summary: We strive for excellence in our product development, but we can't guarantee 100% accuracy in product representations or that manufacturing won't result in damages. To speed up fulfillment, we may offer product alternatives if your original choice is out of stock.
While many component parts of our Products are standard, all Products available for purchase are described on their specific page on our Site. We always try to represent each design as accurately as possible through photography and copy points provided by designers, artists, or photographers. We have a policy of continuous Product development to provide you with what we consider the best design combined with the best performance. Therefore, we reserve the right to amend the specifications of Products, their price, packaging, and any associated Service at any time, without prior notice.
Before ordering, we encourage you to carefully review the Product description and design. We do our best to provide accurate images and descriptions, but unfortunately, we cannot guarantee that colors and details in website images are 100% accurate representations of the product, and sizes might be approximate in some cases.
Sometimes, Products can be damaged during the manufacturing process. While we won't knowingly ship damaged items to you (or your Customers), these damaged items may still be used for charitable purposes. Top Banana USA reserves the right to donate all damaged items with full or partial designs to charity, and you hereby waive your right to collect royalties or other fees regarding donated damaged Products.
If a Product the Merchant has ordered goes out of stock and the Merchant has not opted out of Product alternatives in their store settings, the Product might be substituted at Top Banana USA's own discretion and without express notification with the most appropriate Product alternative in the order to avoid fulfillment delays. However, if we cannot find a comparable replacement, the Merchant will still need to wait for the original Product to be restocked. If the Product alternative costs more than the original Product being substituted, Top Banana USA will charge the price the Merchant paid for the original Product. For Product alternatives that cost less, we'll refund you the difference. If you wish to opt out of alternative Products, you can change this in your store settings. Unless the Merchant has opted out of Product alternatives, the Merchant is solely responsible for informing their Customers about any substituted Product.
Summary: To ensure your orders arrive quickly, please provide accurate order details at checkout. Top Banana USA is not responsible for missed deliveries due to typos in delivery information.
Your order is a purchase of a Product for which you have paid the applicable fee and/or other charges that we have accepted and received. Any Products in the same order that we have not accepted do not form part of that contract. We may choose not to accept any orders at our sole discretion.
Orders are placed and received exclusively via the Site. Before ordering from us, it's your responsibility to check and confirm your full ability to receive the Products. The correct name of the recipient, delivery address, postal code/zip code, up-to-date telephone number, and email address are absolutely necessary to ensure successful delivery of Products. All information requested on the checkout page must be filled in precisely and accurately. Top Banana USA will not be responsible for missed delivery due to a wrong or misspelled recipient name or surname, delivery address, or an inappropriate phone number. If you wish to request a change in the delivery address, phone number, or any other special requirements, please contact Top Banana USA.
We reserve the right to place your order on hold due to print file issues, security concerns, if we need to confirm your address, or in case of other issues. If your order is placed on hold, we will give you 30 days to resolve the issue. If you do not resolve the issue or cancel your order within 30 days, we will cancel the order. If your order is canceled, we will only issue a refund if work on your order has not yet started.
Summary: While we may provide delivery estimates, we cannot guarantee delivery dates. Once Top Banana USA receives payment, we fulfill the order and pass it to the carrier. This is also when you or your customer legally own the products. We deliver worldwide, and you cover delivery costs.
We deliver to most places in the world. You are responsible for covering delivery costs. Delivery prices are additional to the Product’s price and may vary depending on the delivery location and/or type of Products. Additional charges may be added to the order for remote or difficult-to-access locations that require special attention. Flat rate delivery charges are shown on our checkout page; however, we reserve the right to inform you of any additional delivery charges that apply to your specific delivery address. Some Products are packaged and shipped separately.
We cannot guarantee delivery dates and, to the extent permitted by law, accept no responsibility, apart from advising you of any known delay, for Products that are delivered after the estimated delivery date. Average delivery times may be shown on the Site, but these are only estimates, and some deliveries may take longer or be much faster. All delivery estimates given at the time of placing and confirming an order are subject to change. In any case, we will do our best to contact you and inform you of all changes.
We try our best to make Product delivery as simple as possible. Ownership of the Products will only pass to you/Customer after we receive full payment of all sums due in respect of the Products, including delivery charges and taxes, and deliver the Products to the carrier. We make no guarantees regarding any collaboration we undertake with you, including any collaboration with respect to Services, Products (including new Products), or any integration with a vendor platform.
Summary: You cannot sue us for anything we have disclaimed or for which you have released us under this Agreement.
To the fullest extent permitted by law, you release us and all other Top Banana USA Parties from any and all claims and demands, as well as any and all damages, losses, liabilities, judgments, costs, reasonable attorneys' fees, and other expenses incurred or suffered by any Top Banana USA Party, of every kind and nature, known and unknown, relating to or arising out of any right, claim, or matter:
(a) Which is disclaimed by Top Banana USA (or for which Top Banana USA provides no guarantees) under this Agreement; or
(b) For which Top Banana USA is otherwise indemnified or released by you under this Agreement.
Summary: Top Banana USA is not responsible for any damages or liabilities you incur if you break the law, violate these terms, or infringe on the rights of third parties, especially if it leads to legal action (this includes misrepresentations you make and any product liability claims).
To the fullest extent permitted by law, you will defend, indemnify, and hold Top Banana USA and the other Top Banana USA Parties harmless from any claim or demand made by any third party (including, but not limited to, your Customer), as well as any and all damages, losses, liabilities, judgments, costs, reasonable attorneys' fees, and other expenses of every kind and nature, known and unknown, incurred or suffered by the Top Banana USA Parties, relating to or arising out of:
(a) Your breach of this Agreement;
(b) Your use (or misuse) of our Services;
(c) Your Content;
(d) The infringement by your Content or your account of someone else’s intellectual property or other rights;
(e) Your violation of any law or the rights of a third party; or
(f) If you are a Merchant, any claims related to products or items sold by you through our Services, including claims for misrepresentations by you to your Customers and claims for physical injury or property damage by any of your products or items that are warehoused for you by Top Banana USA.
We reserve the right to handle our legal defense as we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
Summary: If a dispute arises between us, we'll apply the laws of the State of North Carolina to resolve it. However, if you are a consumer residing in the European Economic Area, Switzerland, or the United Kingdom, we'll follow the laws of the Republic of Latvia.
This Agreement, and all disputes and claims arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes and claims), are governed by the laws of the State of North Carolina, without regard to its conflict of laws rules. These laws will apply no matter where in the world you live or are located. However, if you are a User living in the European Economic Area, Switzerland, or the United Kingdom, the laws of the Republic of Latvia will apply to any dispute arising out of or relating to this Agreement.
Despite the above, nothing in this Agreement, including the aforementioned choice of law provision, affects your rights as a User living in the European Economic Area or Switzerland to rely on any mandatory provisions of the law of the country in which you are resident.
For Users in the European Union and the United Kingdom: Alternatively, you can contact the consumer center in your country, or you can choose to access the platform for alternative extra-judicial resolution of disputes provided by the European Commission.
Summary: Any legal dispute involving our services (excluding specific situations below) will be resolved by arbitration as per this Section. By using our services, you waive any rights to a jury trial or class actions.
"Disputes" refers to all disputes and claims arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes and claims), excluding only claims under the Limited Warranty and claims brought by Users living in the European Economic Area, Switzerland, or Users in the United Kingdom against Top Banana USA in the European Economic Area or in the courts of England and Wales.
All Disputes will be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules (“Commercial Rules”) in effect at that time. The Rules are incorporated by reference into this Agreement. As of the date of this Agreement, you can find them here or by calling the AAA at 1–800–778–7879. The Federal Arbitration Act applies to this Agreement.
The arbitration will be administered by the AAA and conducted by a sole arbitrator selected in accordance with the Commercial Rules unless mutually agreed otherwise by the parties. Unless Top Banana USA and you agree differently, any arbitration hearings will take place in Charlotte, North Carolina, except that, for Users, any arbitration hearings will take place in the county of your residence. Judgment on any arbitration award may be entered and enforced by any court with jurisdiction to do so.
Any arbitration will occur on an individual basis, and neither the arbitrator nor AAA is empowered to conduct a class arbitration, class action, or resolve claims of more than a single claimant in anything other than a single proceeding, unless both parties consent. You and Top Banana USA acknowledge that AAA may conclude that the Consumer Arbitration Rules or the Rules for the International Centre for Dispute Resolution may be more appropriate in certain cases. You and Top Banana USA agree to abide by the AAA's decision regarding the applicable rules when a party asserts that the Commercial Rules are not appropriate.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND TOP BANANA USA KNOWINGLY, VOLUNTARILY, IRREVOCABLY, AND ABSOLUTELY WAIVE ALL RIGHTS TO A TRIAL BY JURY OF ANY AND ALL DISPUTES (AS DEFINED ABOVE). THIS JURY TRIAL WAIVER IS INTENTIONALLY MADE AS YOU AND TOP BANANA USA WOULD PREFER TO RESOLVE ALL DISPUTES (AS DEFINED ABOVE) AS PROVIDED BY THIS SECTION 18. THIS JURY TRIAL WAIVER IS A MATERIAL INDUCEMENT TO ENTERING INTO THIS AGREEMENT. FURTHERMORE, YOU AND TOP BANANA USA KNOWINGLY, VOLUNTARILY, IRREVOCABLY, AND ABSOLUTELY WAIVE ALL RIGHTS TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER FORM OF JOINT DISPUTE RESOLUTION WITH OTHER PARTIES.
Notwithstanding the foregoing, you may instead assert your claim in any Dispute in “small claims” court if you provide us with written notice of your intention to do so before any claim is submitted to arbitration, provided that (a) your claim qualifies, (b) your claim remains in such court, and (c) your claim remains on an individual, non-representative, and non-class basis. Also, each party will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.
You and Top Banana USA will each bear 50% of all fees and expenses of the AAA and the arbitrator, except as otherwise provided by the Commercial Rules (or, if applicable, the Consumer Arbitration Rules or the Rules for the International Centre for Dispute Resolution). The arbitrator may award such fees and expenses of the AAA and the arbitrator, as well as other expenses and reasonable attorneys’ fees, to a prevailing party consistent with the provisions of the Commercial Rules (or, if applicable, the Consumer Arbitration Rules or the Rules for the International Centre for Dispute Resolution).
Summary: Top Banana USA's Privacy Policy is a key part of our Terms of Service, explaining how your information is used when you use our services. Please read it carefully.
Top Banana USA collects your personal data to provide our Services. We are committed to protecting your personal data and privacy, and our Privacy Policy details and explains how we process Site visitor and User personal information. By accepting this Agreement, you are also accepting and acknowledging our Privacy Policy. If you are a Merchant and provide us with your customers' personal data, our Data Processing Terms, which are incorporated into this Agreement by reference, apply.
Summary: Using our services doesn't make you an agent, partner, or employee of Top Banana USA. We're not responsible for violations of these terms if they're beyond our control. If you have questions about our Terms of Service, contact us.
No agency, partnership, joint venture, employee-employer, franchisor-franchisee relationship, etc., is intended or created by this Agreement. Top Banana USA will not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in Top Banana USA's performance under this Agreement when such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, such as any:
Fire
Flood
Earthquake
Governmental action
War, invasion, or hostilities
National emergency
Explosion
Terrorist threat or act
Riot or other civil unrest
Insurrection
Epidemic
Lockout, strike, or other labor dispute (whether or not relating to our workforce)
Inability or delay in obtaining supplies
Telecommunication breakdown
Power outage
You represent that you have all necessary permits to grant us Customer’s personal data to fulfill this Agreement.
Contact Us
If you have any questions about this Privacy Policy, you can contact us:
By email: info@topbananausa.com
We’re ecstatic to work from our home in Philadelphia, America’s sixth-largest city. Top Banana USA prides itself in excellence, both in quality and customer service.
If you have any inquiries about large quantity direct to garment orders or if you are interested in exploring other printing services, please contact us via our email: info@topbananausa.com. Please provide us your order quantity, design and design specifications in your email so that we can better assist you.
Monday: 12:00pm – 6:00pm
Tuesday: 12:00pm – 6:00pm
Wednesday: 12:00pm – 6:00pm
Thursday: 12:00pm – 6:00pm
Friday: 12:00pm – 6:00pm
Saturday – Sunday: CLOSED