Terms of Service
Last updated: June 2026
1. Agreement to Terms
These Terms of Service ("Terms") govern your access to and use of the Marque website and your purchase of any products from us (collectively, the "Services"). Marque is operated by Mark Whelan, a sole proprietor based in California, United States ("Marque," "we," "us," or "our"). By accessing this website or placing an order, you agree to be bound by these Terms. If you do not agree, do not use the Services.
2. Eligibility
You must be at least 18 years of age, or the age of majority in your jurisdiction, to make a purchase. By placing an order you represent that you meet this requirement and that the information you provide is accurate and complete.
3. Products & Made-to-Order Nature
- Print on demand. Our products are manufactured individually for each order after it is placed.
- Color & appearance. Product photographs, mockups, and on-screen colors are for illustration only. Actual colors, print placement, and garment shades may vary slightly due to screen settings, fabric, dye lots, and the printing process. Such variation is not a defect.
- Sizing. Garment measurements are provided in our size guides. Because items are made to order, it is your responsibility to consult the size guide before purchasing. See our Refund Policy regarding sizing.
- Availability. We may modify, limit, or discontinue any product at any time without notice.
4. Orders, Pricing & Payment
All prices are listed in U.S. dollars unless stated otherwise and are subject to change without notice. We strive for accuracy, but errors in pricing, descriptions, or availability may occur. We reserve the right to refuse, correct, cancel, or limit any order — including after an order confirmation has been sent — for any reason, including suspected fraud, pricing errors, or order quantity limits. If we cancel an order you have paid for, we will issue a refund for that order.
5. Shipping & Risk of Loss
Shipping, production times, and risk of loss are governed by our Shipping Policy, which is incorporated into these Terms by reference. Risk of loss passes to you when products are delivered to the carrier.
6. Returns & Refunds
Returns, exchanges, and refunds are governed by our Refund Policy, which is incorporated into these Terms by reference. Because products are made to order, we generally do not accept returns for buyer’s remorse or incorrect size selection, except where required by applicable law.
7. International Orders, Duties & Tariffs
For international orders, all customs duties, import taxes, tariffs, and related fees are the responsibility of the customer, as described in our Shipping Policy. You are responsible for ensuring that imported products comply with the laws of your destination country.
8. Intellectual Property
All content on this website — including the Marque name, logos, designs, graphics, artwork, and text — is owned by or licensed to us and is protected by intellectual property laws. You may not reproduce, distribute, resell, or create derivative works from our designs or content without our prior written permission.
9. Acceptable Use
You agree not to use the Services for any unlawful purpose, to infringe our or any third party’s rights, to submit false information, or to interfere with the operation or security of the website.
10. Third-Party Services
Our store is hosted on Shopify and orders are produced and fulfilled by third-party print-on-demand and shipping partners. The website may contain links to third-party sites. We are not responsible for the content, policies, or practices of any third party.
11. Disclaimer of Warranties
To the fullest extent permitted by law, the Services and all products are provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or secure.
12. Limitation of Liability
To the fullest extent permitted by law, in no event shall Marque, its owner, or its officers, employees, suppliers, or partners be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, or for any loss of profits, data, goodwill, or other intangible losses, arising out of or related to your use of the Services or any product. Our total aggregate liability for any claim arising out of or relating to the Services or a product shall not exceed the amount you actually paid for the product(s) giving rise to the claim. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
13. Indemnification
You agree to indemnify and hold harmless Marque and its owner from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of your breach of these Terms, your misuse of the Services, or your violation of any law or third-party right.
14. Governing Law & Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the State of California, United States, without regard to conflict-of-law principles. You agree that any dispute shall be resolved in the state or federal courts located in San Diego County, California, and you consent to their personal jurisdiction.
15. Changes to These Terms
We may update these Terms at any time. The updated version will be posted on this page with a revised “Last updated” date and is effective when posted. Your continued use of the Services constitutes acceptance of the revised Terms.
16. Contact
Questions about these Terms? Email us at hello@drivemarque.com.