Promotional Items, Promotional Products, Custom Promotional Items & Corporate Gifts

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Terms & Conditions
18 Years of Age
You must be 18 years of age or older to order from Promotional Items .net, Inc. If you are a minor and would like to place an order, please have an adult in your household make this purchase for you. When ordering merchandise from Promotional Items .net, you affirm that you are at least 18 years old and possess the legal authority to enter into a purchase agreement and to use this web site in accordance with Promotional Items .net terms and conditions.

Acceptance
Your submittal of an online order and/or your signature on our Order Acknowledgment is a conditional acceptance by Promotional Items .net of your offer to purchase our goods and your acceptance of our terms and conditions. It may contain terms that differ from or add to those expressed in your purchase order, and to the extent that this is the case, Promotional Items .net hereby expressly conditions its acceptance of your offer based on Promotional Items .net's assent to the additional or different terms. Your receipt and retention of the goods covered by this invoice shall constitute acceptance of any such additional or different terms. You and Promotional Items .net agree that any contract hereby entered into has been made and is to be construed to Arizona State Law.

Cancellations and Alterations to Existing Orders
Once an Order Acknowledgment is approved, we cannot guarantee our ability to make changes or cancellations to an order. Promotional Items .net will make every effort to comply with your cancellation request. If you have already signed your Order Acknowledgment, there will be a minimum charge of $50.00 to cover order entry and preparation expenses. In addition, you are liable to pay the agreed upon price for any work that may have been completed up to the time that we are able to cancel your order. These charges may include but are not limited to setup charges, artwork preparation charges, shipping charges and restocking fees. All completed work and costs incurred will be the responsibility of the customer.

Credit
Applicant authorizes Promotional Items .net to investigate its credit history and understands that Promotional Items .net may also utilize other sources of credit that it considers necessary. Such information will be held in strictest confidence. Applicant agrees to indemnify and hold Promotional Items .net or any other person harmless from all liability, damage, or expense arising from or relating to any and all credit investigation. Applicant allows that the findings of this investigation may not necessarily result in an approved line of credit, and may result in deposit, prepayment, or further security demand, or even termination, regardless of activity status. If you are granted payment terms, you agree that if you are late paying your invoice, a 2% finance charge or the maximum charge permitted by law may be assessed against all accounts with past due balances. You agree to pay all the company's reasonable attorney's fees and all collection agency fees incurred in the collection of any amount owed thereunder and not paid when due. If you have an existing account, there are conditions under which your account may be placed on credit hold:

  • If your account is over 30 days past due
  • If a check is returned for Non Sufficient Funds
  • In the event of a debt being turned over to third party collections
  • If the combined amount of multiple orders exceeds your approved credit limit


Check Returns
In all cases where we have a check returned for insufficient Funds we will assess a $50.00 fee.

Colors
A signed proof is required before any work begins. The computer generated proof is a good representation of how the color will appear on the final printed product. However, it is not an exact match. Color(s) designated will be matched as closely as possible. Certain ink colors can vary after certain production processes. Therefore, exact PMS color matches cannot be guaranteed.

Copyright
The entire content of the Website, including but not limited to text, graphics and code, is the property of Promotional Items .net. Copyright 2008, Promotional Items .net. ALL RIGHTS RESERVED. We grant you permission to electronically copy and print hard copy portions of the Website solely for your own personal, non-commercial use, provided that you do not change or delete any proprietary notices from downloaded or printed materials. Any other use, including but not limited to the reproduction, distribution, display or transmission of the Website content is strictly prohibited, unless authorized by us in writing.

Disputes
Your use of the Website shall be governed by the Arizona State Law, without regard to choice of law provisions. Except where prohibited, you agree that any and all disputes, claims and causes of action directly or indirectly arising out of or relating to the Website shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Maricopa County, Arizona. Any cause of action or claim you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises, or it shall be forever barred.

Electronic Notices
By using the Website, you agree to receive electronic communications from us. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Errors and Misprints on our website
We attempt to provide current and accurate information on our website. Nevertheless, errors and misprints may occur. Accordingly, we reserve the right to reject, correct, cancel or terminate any order for goods or services for which the price was incorrectly displayed or where we otherwise displayed erroneous or inaccurate information. Promotional Items .net, Inc. reserves this right at any stage of the online ordering processing, including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your order is cancelled and your credit card has already been charged, we will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. To provide you with a credit, where applicable, is our only obligation to you. Promotional Items .net, Inc. is not obligated to sell products or services based on errors or misprints on our website.

Inspection
Customer shall carefully inspect all deliveries of products as they are received and report to us promptly (but in any event within ten (10) calendar days after receipt of shipment) any alleged error, shortage, defect or nonconformity of such products. Any failure by customer to so inspect and report shall constitute a waiver by customer of any claim or right of customer against us arising with respect to any such error, shortage, defect or nonconformity which was reasonably discoverable by such an inspection. Warranty is limited to replacement of defective merchandise returned and approval by factory is required prior to return of merchandise. A return authorization number is given by the factory and must be clearly marked on all returned boxes and packing slips for those boxes.

Imprinting / Ink Colors
The imprint areas given for each product are approximate and may vary from piece to piece. Promotional Items .net, Inc. will size all artwork to utilize each items maximum imprint area unless otherwise noted in writing by the customer. Due to the density of some items, a slight wrinkle may occur when the printing pad hits the item, which may cause a slight breakup in the imprint. Some imprint colors will print differently, depending on the color of the product. For example: blue on yellow backgrounds may appear with a green tint, white on red backgrounds may appear with a pink tint and so forth. Color misregistration of the industry standard 1/16 inch is considered acceptable but may be different depending on the item. Exact color replication for reorders may vary. PMS matching may be available depending on item. Exact PMS matching cannot be guaranteed. Promotional Items .net will advise you of the best ink color for your product at the time of ordering.

Indemnification
You agree to indemnify, defend and hold Promotional Items .net, its shareholders, officers, directors, employees and agents harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and court costs, arising, directly or indirectly, in whole or in part, out of your use of the Website or your violation of these Terms of Use, any law or the rights of any third party.

Minimums
Minimum quantity requirements vary from manufacturer to manufacturer. In cases where a manufacturer's minimum order requirement exceeds your requested quantity, a Promotional Items .net Specialist will assist you. Short production runs can be arranged (at a higher cost per unit) and our team is happy to provide a special quote or other recommendations to get you the right product.

Merchandise Consistency
Please note that we encourage you to take the opportunity to review a sample of the actual product before you order in bulk quantity. It is important that you understand that these samples are representative in nature. While we are very careful about the suppliers and manufacturers we use, manufacturing variations are unavoidable and a natural result of the manufacturing process. By choosing to place and order with Promotional Items .net, you are agreeing to accept merchandise with reasonable manufacturing variances in product material, color and packaging.

Overruns & Underruns
We try to produce your order in the exact quantity ordered, but this is not always possible due to quality control efforts and fast running machines. We reserve the right to ship and subsequently bill or credit, your charge card or account, for up to 10% over or under the desired quantity.

Phone Orders
Phone orders for custom orders are not accepted. The customer is provided with a quote and terms and conditions. These apply to your order unless you have a separate written agreement.

Proof Policy
Promotional Items .net requires that all new orders receive a paper/electronic proof and order acknowledgment prior to releasing the order to final production. A paper proof will be provided at an additional cost unless otherwise stated, and is our best representation of what your final print/product will look like. Often the artwork is to size or to scale (as indicated on the artwork), and is only intended to provide an idea as to what the final product will look like when completed. The paper proof and order acknowledgment are checked for misspellings and other mistakes (such as item colors, sizing, imprint color, imprint locations …), but due to order volume, there is inevitably the rare instance that an error might go unnoticed. For this reason, we strongly recommend that you take part in this process by carefully checking your paperwork before signing off and submitting your approval. IT IS NOT SAFE TO ASSUME ANYTHING. If you elect not to have a proof of any kind on your order, Promotional Items .net cannot be held responsible for orders not printed correctly, and Promotional Items .net cannot be held responsible for any wrong interpretations of the artwork or order approval. If you have any questions or if something is unclear please contact your sales representative to clarify the matter.

At the time of proofing your order/artwork, if you do notice a mistake, please contact your account representative or note it on the paperwork accordingly. We will be more than happy to make any corrections or changes promptly and for no additional charge if the mistake is made by Promotional Items .net. If you are simply requesting a change, there may be an additional artwork charge and proof charge. All changes must be confirmed in writing (e-mail is acceptable).

Orders approved “As Is” will be printed exactly as stated, and no new proof will be sent/required. Orders approved “with Changes” will be printed according to the change(s) and no new proof will be sent/required. Orders marked “Additional Proof Required” will receive a new proof, and final production will not begun until an order “Approved As Is” or “Approved with Changes” is received.

PROMOTIONAL ITEMS .NET IS NOT RESPONSIBLE FOR ANY TYOGRAPHICAL MISTAKES OR ERRORS THAT ARE OVERLOOKED AND LATER APPROVED BY THE CUSTOMER. In addition, Promotional Items .net cannot be held responsible for any damages that may be incurred as a result of the error or mistake after the order has been printed and accepted by the customer.

For example, if an order is supposed to read “Merry Christmas”, but the customer approves the artwork with a typographical error so the artwork reads “Mery Christmas” (missing a “r” in “Merry”), Promotional Items .net cannot be held responsible for the misprint as a result of the error. Once the customer approves the proof and order acknowledgment, we are not at liberty to make ANY changes to the order. Whether correct or with errors, the order is printed exactly as approved by the customer. For this reason, it is VERY IMPORTANT to carefully look over ALL the paperwork before replying with your approval.

Quotes
The quote is valid for 30 days. If the purchase order deviates from the quote, Promotional Items .net reserves the right to review and modify quote once order configuration is confirmed. This includes but not limited to size, quantity, copies, and artwork.

Returns & Claims
No returns of imprinted goods are accepted. Non imprinted merchandise returns are subject to a 15% restocking fee and the necessary freight costs to return the product do apply. Incomplete or partial returns will not be accepted. Unauthorized returns are not accepted. Any imprinted products returned in violation of this policy will be discarded at Promotional Items .net discretion. In the case that you believe you received a product or order in error, please contact customer service within 5 working days of receipt of the merchandise. Claims made after this time will not be reviewed. Before Promotional Items .net can begin to process a claim, a sampling of the goods (quantity will be determined at Promotional Items .net discretion) must be provided for us to review. Promotional Items .net reserves the right to take up to seven working days to process/review a claim from the date of receipt of the goods in question. Any credits, returns, or refunds will be processed within two business days after review, unless otherwise noted. Please see our payment policy for further information. In the case of a customer error or unauthorized return (including rejected shipments), the customer may be responsible for the return freight back to Promotional Items .net.

Right to Refuse Service
Promotional Items .net reserves the right to refuse service to anyone for any reason. Should Promotional Items .net (at its own discretion) determine that an order may be fraudulent, we reserve the right to refuse or cancel any such order for any reason at any time. We enforce this policy to ensure a secure, professional and convenient online shopping environment for all of our customers.

Sample Policy
We know that it's important to be able to evaluate items first hand. So we have developed the following sample policy in order to help you purchase with confidence:

Samples can be requested with the assistance of a Promotional Items .net specialist by contacting us at 888-887-8087. Promotional Items .net will provide a free sample up to $5.00 (in the topmost pricing column shown on the product page). All samples over $5.00 will require payment via credit prior to sending the sample. Shipping will be additional, and you may provide your shipping account number if you would like the shipment to be placed on your account for faster processing. Most items available online do NOT ship from the same location. So when requesting a sample stress ball and a sample pen, there is a very high likelihood that each sample will require its own shipment. The cost of shipping and handling above and beyond the initial sample, regardless of the cost of the item, is the responsibility of the customer. The necessary billing information will be collected prior to shipping multiple samples.

Promotional Items .net reserves the right to refuse shipment of any sample to any party at our discretion. Samples are currently only available to clients located in the continental United States who can receive regular shipments via UPS Ground.

Sales Tax
Promotional Items .net is required by law to collect all applicable state and local taxes for services and goods. Customers in other states may be required to remit use taxes. Please consult your tax advisor. Companies, individuals and organizations (including charities) who are exempt from sales tax should provide us with a copy of their resale certificate by fax to 480-393-7440.

Shipping Policy
Under normal circumstances Promotional Items .net, Inc. will guarantee to ship your merchandise on or before your specific deadline; however you should be aware that we cannot be held responsible for delays on the part of the carrier due to acts of God or other circumstances over which we have no direct control. In rare instances, we may actually ship the item after the intended ship date by a faster shipping method in order to meet the intended receipt date. The additional cost for this will be at our expense. While Promotional Items .net does guarantee that your goods will arrive by a certain day depending on your method of shipment, we are unable to guarantee an exact time of delivery. Please contact Promotional Items .net if you need to drop ship or split shipments. For "Bill Third Party" transactions, if the third party account number is incomplete, inaccurate, or invalid, all charges and fees, plus a $10 handling fee, will be added to the final bill. UPS Standard to Canada Rates do not include charges for customs clearance. Customs brokerage charges, duties, and taxes will be billed to the importer. *Promotional Items .net reserves the right to make partial shipments. Partial shipments are to be paid on standard terms upon receipt of invoice.

Site Pricing
While we attempt to keep our site as up to date as possible, occasionally market conditions may change the price of a product. We reserve the right to change prices on the site at anytime. If a site price is incorrect on an item that you ordered, we will contact you immediately with the most current price or help you choose a different item that is within your budget.

Site Images
We attempt to provide accurate images on our site that best reflect the true nature of the products. However, web site images are inherently limited in their ability to display color, scale, and detail. We want to make clear to customers to be careful about making assumptions about products from the site image alone. We strongly urge our customers to order actual samples. If you choose not to order a physical sample, we cannot be held responsible for the difference between the image as it appears on our site and the final product.

Special Offers
We regularly provide valuable special offers to our customers. Unless stated otherwise, all special offers are subject to the following standard terms and conditions:

  • Each offer may only be used one time per customer.
  • Special offers may not be combined on a single order.
  • Special offers may not apply to certain items.
  • Each product purchased is treated as a separate order, even when multiple orders are placed at the same time.
  • Special offers and coupons are only valid on orders purchased at web site pricing.
  • To redeem any special offer, the coupon code must be given at the time of ordering.
  • When qualifying for special offers, orders do not include shipping or tax.
  • Sale prices are valid through the stated period (or published period) and are good only while supplies last.


Volume discounts will not appear in your shopping cart and online order form. Volume discounts are processed offline and will be reflected on your final receipt. The volume discount schedule does not apply to imprinting or blank orders for Printing Services products. Unless otherwise noted, volume discounts and coupons may not be combined with any other offer or sale items.

These terms allow us to create special offers that are valuable for our customers. If you have any questions about these terms, please contact your Customer Support at 888-887-8087.

Termination
We reserve the right in our sole discretion to terminate or restrict your use of the Website, without further notice, for any or no reason, and without liability to you or any third party.

Trademarks
All trademarks, service marks and trade names of Promotional Items .net used on the Website are trademarks or registered trademarks of Promotional Items .net in the U.S. and/or other countries. They may not be used without our prior express written permission. All other trademarks that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to or endorsed by us. Unauthorized use of trademarks and copyrights found on this web site is illegal.

Transfer of Ownership of Merchandise
All goods become your property at the time they are accepted by the carrier.

Use of Information Submitted
You agree that we are free to use any comments, information or ideas contained in any communication you may send to us, without notice, compensation or acknowledgement to you, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services and creating, modifying or improving the Website or other products or services.

Warranties
Promotional Items .net warrants that all goods sold are free of any security interest and will make available to you all transferable warranties made to Promotional Items .net by the manufacturer of the goods. Promotional Items .net makes no other express or implied warranties, and specifically makes no implied warranties of merchantability.

Warranty Disclaimer & Liability Limit
WE PRESENT THE WEBSITE "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. We assume no liability or responsibility for any errors or omissions on the Website; any failures, delays or interruptions in the Website’s accessibility; any losses or damages arising from the use of the Website; or any conduct by other users of the Website. We reserve the right to deliver the Website in our sole and absolute discretion. IN NO EVENT SHALL PROMOTIONAL ITEMS .NET, ITS AFFILIATES, SUBSIDIARIES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR THESE TERMS OF USE, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE. Some states do not allow the exclusion of certain damages, so the above may not apply to you. If any authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by law.

General
If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be omitted, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such provision. Our failure to enforce any provision of these Terms of Use shall not constitute a waiver of that or any other provision. These Terms of Use set forth the entire understanding and agreement between you and Promotional Items .net with respect to the subject matter hereof.

ENTIRE AGREEMENT
These terms and conditions constitute the entire agreement between Promotional Items .net and the customer. No amendments of these terms and conditions shall be valid unless made in writing and accepted by Promotional Items .net.


Contact Us
If you have any questions about these Terms of Use, please contact us at: customersupport@promotionalitems.net