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PenImprint.com - Terms of Sale
PenImprint.com is a wholly owned subsidiary of The Executive Corporation.
PLEASE
READ THESE TERMS AND CONDITIONS OF USE ("USER AGREEMENT") VERY CAREFULLY.
TERMS AND CONDITION OF SALE
TERMS AND CONDITION OF USE: BY VISITING, BROWSING, SHOPPING, ACCESSING OR
OTHERWISE USING THIS WEB SITE (THE "SITE") OPERATED BY PenImprint.com YOU AGREE
TO BE BOUND BY THESE TERMS AND CONDITIONS.
CREDIT CARD NOTICE: PenImprint.com online store is a wholly owned
subsidiary of The Executive Corporation, The Executive Corporation will appear
on your credit card statement.
FREIGHT POLICY
Shipping and handling charges on all orders vary; contact your PenImprint.com
account manager for our most current and competitive rates, options and shipping
specials. In some circumstances, international shipping may be available.
PenImprint.com reserves the right to use FedEx or UPS shipping methods
interchangeably.
FREE SHIPPING POLICY
PenImprint.com will offer Free UPS or FEDEX GROUND Shipping if your total order
exceeds $200. Free Shipping applies to WRITING INSTRUMENTS ONLY, For Drinkware,
Bags, Stressballs, Note Pads, and other promotional products shipping and
handling charges may apply. Free Shipping DOES NOT apply for international
shipping addresses.
IN-HANDS DATE or DELIVERY POLICY
We do not guarantee any IN-HANDS or DELIVERY DATES with our products. We will do
our best to meet your In-Hands Date, however we do not guarantee our products
turn times. If your order is needed WITHIN 2-3 weeks please specify your
IN-HANDS Date with your account manager or in the CHECKOUT Questions of the
website. PenImprint.com meets most of our IN-HANDS Dates, however we simply
can't guarantee what is not in our control.
NO SETUP FEES POLICY
All of the promotional products at PenImprint.com includes AT LEAST a 1-Color
1-Location artwork or text imprint without a decoration setup fee, THAT IS the
price that you see on the website is the decorated price for that promotional
item unless otherwise stated in the product details. Setup Fees may apply to:
Additional Imprint Locations, Additional Imprint Colors, or upgrades to Full
Color Digital printing on selected products. Additional Run-Charges for product
upgrades may also apply. Please contact customer service to request exact
product upgrade pricing.
RUSH ORDER POLICY
If you pay for increased Shipping or a Rush Service, PenImprint.com will make
every attempt to meet your IN-HANDS Date, however because of circumstances
beyond our control PenImprint.com can not guarantee any IN-HANDS or DELIVERY
DATE, even if a Rush Fee is paid, we cannot guarantee any IN-HANDS Dates. If
your pay for a 3-Day Rush, you need to have your ORDER COMPLETED and ARTWORK
into us before 11am that day to ship on the 4th business day. Again the we
cannot guarantee your Delivery Date.
RETURN POLICY
Because each product is unique and customized for our customer's personal needs,
THERE ARE NO REFUNDS ON ALL SALES THAT PRODUCTION HAS BEGUN, PRODUCTS ARE
IN-PRODUCTION, SHIPPED, OR DELIVERED. In these situations, PenImprint.com has a
No Refund Policy. FULL REFUNDS May occur if the product purchased is out of
stock or discontinued, or if the customer has been mischarged. IF AN ORDER IS
CANCELLED BY THE CUSTOMER BEFORE PRODUCTION has started, a PARTIAL REFUND may be
applicable with a 20% of the Sales Price Cancellation Charge as well as a $50
Artwork Recreation Fee, for EACH Product that we have Recreated artwork for.
FREE & PAID SAMPLE POLICY
Free and Paid Samples are designed for you to see the quality of the product
before ordering. Samples under $10 are non-refundable and Samples over $10 may
be refundable depending on the product, contact customer service for details.
Important Information About This Legal Contract: You agree to this User
Agreement, and all of its terms and conditions, by visiting, browsing, shopping,
accessing or otherwise using the Site. These terms and conditions are subject to
change without prior notice at any time, in PenImprint.com's sole discretion. By
visiting, browsing, shopping, accessing or otherwise using the Site after a
change has been posted to the Site, the Customer accepts that change. Customers
should check this User Agreement and the Privacy Pledge frequently.
Acceptance of Contract Terms: This User Agreement, and all of its terms and
conditions, constitutes a legal contract between you and PenImprint.com
(References to "you" or "your" shall relate to a customer of PenImprint.com or
other party that visits, browses, shops, accesses or otherwise uses the Site
(the "Customer"); references to "PenImprint.com" shall relate to PenImprint.com
and its affiliates.) By visiting, browsing, shopping, accessing or otherwise
using this site ("Site"), you acknowledge that you have read, understand, and
agree to be bound by this User Agreement and comply with all applicable laws and
regulations, including U.S. export and re-export control laws and regulations.
If you do not agree to this User Agreement, as it may be changed by
PenImprint.com from time to time, do not use this Site. The material provided on
this Site is protected by law, including, but not limited to, United States
copyright law and international treaties. This Site is controlled and operated
by PenImprint.com from its offices within the United States. PenImprint.com
makes no representation that materials in the Site are appropriate or available
for use in other locations, and access to them from territories where their
contents are illegal is not authorized. Those who choose to access this Site
from other locations do so on their own initiative and are responsible for
compliance with applicable local laws. Any claim relating to, and the use of,
this Site and the materials contained herein is governed by the laws of the
state of NC without regard to conflict of law rules. You consent to jurisdiction
of the federal and state courts located in SUMNER COUNTY, TN to hear any such
claims.
Access, Interference and Linking: PenImprint.com grants you a limited license to
access and make personal use of the Site and not to download (other than page
caching) or modify it, or any portion of it, except as provided below under "Use
Restrictions," or with express written consent of PenImprint.com.
The following activity on the Site is expressly prohibited: Any non-personal or
commercial use of any robot, spider, other automatic device, or manual process
to monitor or copy portions of the Site or the content contained herein without
prior written permission by PenImprint.com; collection or use of any product
listings, descriptions, or prices, from the Site for the benefit of another
merchant that supplies products competitive with or comparable to those offered
on the Site; and, Any use of, visits to, or other action that imposes an
unreasonable or disproportionately large load on the Site, or otherwise
interferes with its proper and timely functioning.
Any unauthorized use terminates the license granted by PenImprint.com. You are
granted a limited, revocable, and nonexclusive right to create a hyperlink to
the home page of the Site so long as the link does not portray PenImprint.com,
its affiliates, or their products or services in a false, misleading,
derogatory, or otherwise offensive matter. You may not use any of
PenImprint.com's logos or other proprietary graphics or trademarks as part of
the link without express written permission.
PenImprint.com does not review or control third-party sites that link to or from
the Site, and is not responsible for the contents of any third-party sites
linked to or from the Site.
Use Restrictions: The copyright in all material provided on this Site is held by PenImprint.com or by the original creator of the material. Except as stated
herein, none of the material may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted in any form or by any
means, including, but not limited to, electronic, mechanical, photocopying,
recording, or otherwise, without the prior written permission of PenImprint.com
or the copyright owner. Permission is granted to display, copy, distribute and
download the materials on this Site for personal, non-commercial use only,
provided you do not modify the materials and that you retain all copyright and
other proprietary notices contained in the materials. This permission terminates
automatically if you breach any of these terms or conditions. Upon termination,
you must immediately destroy any downloaded or printed materials. You also may
not, without PenImprint.com's prior written permission, "mirror" any material
contained on this Site on any other server. Any unauthorized use of any material
contained on this Site may violate copyright laws, trademark laws, the laws of
privacy and publicity, and communications regulations and statutes. All trademarks and registered trademarks are the sole property of their
respective owners. Photographs courtesy of respective manufacturers.
PenImprint.com and the Circle of Service logo are trademarks of PenImprint.com
Copyright © 2011 PenImprint.com.
Privacy Policy
You are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept
responsibility for all activities that occur under your account or password. If
you are under 18, you may use the Site only with a parent or guardian.
PenImprint.com reserves the right to refuse service, terminate accounts, remove
or edit content, or cancel orders in its sole discretion.
Communications to PenImprint.com
Any communication or material you transmit to the Site by electronic mail or
otherwise, including any data, questions, comments, suggestions, or the like is,
and will be treated as, non-confidential and non-proprietary. Anything you
transmit or post may be used by PenImprint.com for any purpose, including but
not limited to reproduction, disclosure, transmission, publication, broadcast,
and posting. Furthermore, PenImprint.com is free to use any ideas, concepts,
know-how, or techniques contained in any communication you send to
PenImprint.com or the Site for any purpose whatsoever, including but not limited
to developing, manufacturing and marketing products using such information.
Copyright Complaints
If you believe that your work has been copied in a way that constitutes
copyright infringement, please contact:
PenImprint.com
1050 Glenbrook Way
Suite 480-102
Hendersonville, TN 37075
Phone: 877-622-1062
Email: [email protected]
Disagreement with These Terms and Conditions
If you disagree with any of the terms and conditions of this User Agreement,
please do not visit, browse, shop, access or otherwise use this site.
PenImprint.com Terms and Conditions of Sale
PLEASE READ THESE TERMS AND CONDITIONS OF SALE ("SALE AGREEMENT") VERY
CAREFULLY.
THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS TERMS AND
CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT
WITH PENIMPRINT.COM IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN).
This Sale Agreement is a legal contract between the Customer and PenImprint.com.
The Customer accepts this Sale Agreement by making a purchase, placing an order,
or otherwise shopping on the Site. (References to "you" or "your" shall relate
to the Customer; references to "PenImprint.com" shall relate to PenImprint.com
and its affiliates.) The terms and conditions of this Sale Agreement are subject
to change without prior notice, except that the terms and conditions posted on
the Site at the time the Customer initially places or modifies an order will
govern the order in question.
This Sale Agreement constitutes the entire agreement between the Customer and
PenImprint.com relating to the purchase or sale of goods or services on the
Site. The Sale Agreement may only be modified or terminated with regard to goods
or services that have been purchased or sold on the Site in a writing signed by
PenImprint.com. Electronic records (including signatures), that are otherwise
valid, shall be accepted under the Sale Agreement. The Customer consents to
receiving electronic records, which may be provided via a web browser or e-mail
application connected to the Internet; consumers may withdraw consent to
receiving electronic records or have the record provided in non-electronic form
by contacting PenImprint.com at the address provided below.
In the event of any conflict between the terms and conditions stated on your
purchase order and this Sale Agreement or any terms and conditions on our
invoice, you agree that the provisions of this Sale Agreement and our invoice
shall control.
Governing Law
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE
STATE OF TENNESSEE, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE CUSTOMER
CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN WAKE
COUNTY, NC FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS
SALE AGREEMENT.
Title: Risk of Loss
Title to goods herein being purchased is retained by the seller until goods are
paid for by the purchaser and at that time title passes to the purchaser. Loss
or damage that occurs during shipping by a carrier selected by PenImprint.com is
PenImprint.com's responsibility. Loss or damage that occurs during shipping by a
carrier selected by Customer is Customer's responsibility. Title to software
will remain with the applicable licensor(s).
Export Sales
If goods herein being purchased are being purchased for purposes of export, the
Customer must obtain from the federal government certain export documentation
before shipping to a foreign country. In addition, manufacturers' warranties for
exported goods may vary or even be null and void for goods exported outside the
United States. The Customer should inquire further regarding any questions. Any
and all liability is only for the products purchased.
International Shipments: Duties and Taxes Customer agrees
to pay for all duties and taxes associated with the cost of shipping their goods
outside of the United States. If Duties and Taxes are NOT PAID directly to the
government agency / Shipping agency when goods are delivered AND IF
PenImprint.com is billed for the Duties/Taxes. In ALL CASES PenImprint.com will
attempt to notify you for 15 Days, if there is no response from the customer
PenImprint.com reserves the right to charge your credit card without additional
notice for the billed duties. A Receipt for any taxes and duties will be emailed
within 5-7 Business Days.
General Legal Disclaimer
PENIMPRINT.COM HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY PENIMPRINT.COM IN NO WAY
AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
Internet Disclaimer
Internet connectivity requires access services from an Internet access provider.
Contact your local access provider for rates, terms and conditions.
California Shipments
For ceramic/glassware shipments going into California, Proposition 65 warnings
must be used. Any ceramic and glassware products shipped to California will have
a Proposition 65 sticker warning sticker. All Customers must notify
PenImprint.com that the shipment is going to California.
Pricing and Information Disclaimer
All pricing subject to change without notice. For all prices, products and offers, PenImprint.com reserves the right to make adjustments due to changing market
conditions, product discontinuation, manufacturer price changes, errors in
advertisements and other extenuating circumstances. High volume bids are
welcome! If you check out an item and the pricing is incorrect (Product or
Shipping), PenImprint.com reserves the right to charge your credit card for the
difference in your check, this action would only occur within 48-hours of your
checkout. While PenImprint.com uses
reasonable efforts to include accurate and up-to-date information on the Site,
PenImprint.com makes no warranties or representations as to the Site's accuracy.
PenImprint.com assumes no liability or responsibility for any errors or
omissions in the content on the Site.
Limitation of Liability
PenImprint.com WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER
CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS
EXPRESSLY PROVIDED HEREIN. PenImprint.com WILL NOT BE LIABLE FOR PRODUCTS OR
SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE.
CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR
SERVICES, PenImprint.com IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES
ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER
THIS AGREEMENT.
Arbitration
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE,
WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW,
INTENTIONAL TORT AND EQUITABLE CLAIMS) arising from or relating to this Sale
Agreement, its interpretation, or the breach, termination or validity thereof,
the relationships which result from this Sale Agreement (including, to the full
extent permitted by applicable law, relationships with third parties who are not
signatories to this Sale Agreement), PenImprint.com's, or any related purchase
SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY
THE NATIONAL ARBITRATION FORUM (NAF) under the Code of Procedure of ARBITRATION-FORUM.COM
(the "Code") in effect at the time the claim is filed. The Code is available at
http://www.arbitration-forum.com or can be obtained by calling 1-800-753-9448.
Notwithstanding any choice of law provision included in this Sale Agreement,
this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C.
§§ 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9
U.S.C. §§ 201-208 or as codified in the jurisdiction where enforcement of the
award is sought). Hearings shall be held as provided by the Code and if any
In-person Hearing is required, it shall be held in Hendersonville, TN. Judgment on the
award rendered by the arbitrator(s) may be entered by any court having
jurisdiction. Each party shall bear its own cost of any legal representation,
discovery, or research required to complete arbitration.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon PenImprint.com until accepted by PenImprint.com.
Terms of payment are within PenImprint.com's sole discretion. Invoices are due
and payable within the time period noted on the invoice, measured from the date
of the invoice. PenImprint.com may invoice parts of an order separately.
Customer agrees to pay interest on all past-due sums at the highest rate allowed
by law. The Customer is responsible for sales and all other taxes associated
with the order.
RIGHT OF REFUSAL
PenImprint.com reserves the right to refuse any customer's order without
explanation, if your order is refused and production has not started you will be
granted a full refund for your order.
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