Last Updated: 25/08/15
Any Promo Plus ("we," "our," or "us") operates the website anypromoplus.com. These Terms & Conditions ("Terms") govern your access to and use of our website and the purchase of promotional products and services (collectively, "Services") through our site.
Please read these Terms carefully before placing an order or using our website. By accessing our site, requesting a quote, or placing an order, you acknowledge that you have read, understood, and agree to be bound by these Terms and our [Privacy Policy]. If you do not agree to all of these Terms, you must not use this website.
1. Account Registration
You may be required to register for an account to access certain features. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate. You are responsible for safeguarding your account password and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.
2. Orders & Acceptance
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Quotations: All quotations provided are valid for a specified period (e.g., 30 days) and are subject to product availability.
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Placing an Order: Your order constitutes an offer to purchase our products. All orders are subject to acceptance by us. We will send you an order confirmation by email. A contract between us ("Contract") is formed only when we send you the order confirmation, not when you submit your order.
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Order Accuracy: You are solely responsible for ensuring the accuracy of your order (including product selection, quantity, shipping address, and artwork). Changes to correct errors after final approval of your order confirmation or proof may result in additional charges and delays.
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Order Cancellation: We reserve the right to refuse or cancel any order at any time for reasons including, but not limited to, product unavailability, errors in pricing, or suspected fraud. You may request to cancel an order before production has begun; however, once production has started, the order cannot be canceled and is subject to full payment.
3. Artwork & Intellectual Property
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Your Responsibility: You represent and warrant that any artwork, logos, designs, and other materials you submit ("Artwork") are owned by you or that you have the legal right to use them, and that they do not infringe upon any third party's copyright, trademark, or other intellectual property rights. You will be solely responsible for any claims, liabilities, and costs arising from infringement related to your Artwork.
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License: By submitting Artwork, you grant Any Promo Plus a limited, non-exclusive license to use, reproduce, and modify the Artwork solely for the purpose of fulfilling your order.
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Proofs: We will typically provide a digital proof for your approval before production begins. It is your responsibility to carefully review the proof for all details, including spelling, color, size, and layout. An approved proof is the final authority for production. Any Promo Plus is not liable for any errors that remain after you have approved the proof.
4. Pricing & Payment
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Pricing: Prices are listed in US Dollars. We reserve the right to adjust prices at any time due to miscalculations, changes in supplier costs, or fluctuations in shipping rates. The price confirmed on your invoice is the final price.
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Payment Terms: Full payment is required before production commences, unless other credit terms have been expressly agreed upon in writing. We accept major credit cards and other designated payment methods. Late payments may be subject to interest charges and suspension of Services.
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Taxes: You are responsible for all sales taxes, use taxes, duties, or other governmental charges associated with your order, if applicable.
5. Production, Shipping & Delivery
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Lead Times: Estimated production and shipping times are provided as guides only and are not guaranteed. We are not liable for any delays caused by circumstances beyond our reasonable control, including but not limited to supplier delays, carrier issues, labor disputes, weather, acts of government, or any other force majeure event.
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Shipping Risk: Title and risk of loss for the products pass to you upon our delivery of the items to the carrier. Shipping costs are non-refundable.
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Inspection: You must inspect the products upon delivery. Any claims for damaged, missing, or incorrect items must be reported to us within 7 days of receipt.
6. Returns & Refunds
As our products are custom-manufactured, all sales are final. Returns or exchanges are generally not accepted unless an item is defective or we have made an error. If a valid issue is confirmed, we will, at our sole option, replace the product or issue a partial or full refund. Refunds for custom products may exclude original shipping costs. Please see our [Return Policy] for details.
7. Limitation of Liability
To the fullest extent permitted by law, Any Promo Plus shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of the site, our Services, or products. In no event shall our total liability to you for any claim exceed the amount you paid for the products that gave rise to the claim.
8. Indemnification
You agree to indemnify, defend, and hold harmless Any Promo Plus, its officers, directors, employees, and agents from and against any claims, demands, losses, liabilities, damages, or expenses (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms, your infringement of any third-party intellectual property rights, or your use of the Artwork.
9. Website Use & Acceptable Conduct
You agree not to use the website in any way that could damage, disable, overburden, or impair the site or interfere with any other party's use of the website. You may not engage in any illegal, fraudulent, or harmful activity.
10. Governing Law & Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of [Insert Your State, e.g., California], without regard to its conflict of law principles. Any legal suit, action, or proceeding arising out of or relating to these Terms or your shopping experience shall be instituted exclusively in the state or federal courts located in [Insert Your County/City].
11. Changes to Terms
We reserve the right to update and modify these Terms at any time. Any changes will be effective immediately upon posting the revised Terms on this page with an updated "Last Updated" date. Your continued use of the website or Services following the posting of changes constitutes your acceptance of such changes.