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 Penny Promotions YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Acceptance of Contract Terms: This User Agreement, and all of its terms and conditions, constitutes a legal contract between you and Penny Promotions (References to “you” or “your” shall relate to a customer of Executive Advertising or other party that visits, browses, shops, accesses or otherwise uses the Site or approves an Order (the “Customer”); references to “Penny Promotions” shall relate to Penny Promotions and its affiliates.) By visiting, browsing, shopping, accessing or otherwise using this site (“Site”) or placing an order via e-mail, 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 Penny Promotions 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 Penny Promotions from its offices within the United States. Penny Promotions 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 CA without regard to conflict of law rules. You consent to jurisdiction of the federal and state courts located in Orange County, CA to hear any such claims.
Net 30 Terms
If you are granted payment terms, you agree that if you are late paying your invoice, a 1.5% 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.
Customer agrees that it will not hold Penny Promotions accountable for delays in delivery occasioned by acts of God or other circumstances over which we have no direct control. Factory shipment or delivery dates are the best estimates of our suppliers, and in no case shall Penny Promotions be liable for any consequential or special damages arising from any delay in delivery.
Penny Promotions warrants that all goods sold are free of any security interest and will make available to you all transferable warranties made to Penny Promotions by the manufacturer of the goods. Penny Promotions makes no other express or implied warranties, and specifically makes no implied warranties of merchantability or fitness for purpose.
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 Penny Promotions, you are agreeing to accept merchandise with reasonable manufacturing variances in product material, color and packaging. The most common example of this is apparel dye-lots.
Transfer of Ownership of Merchandise
All goods become your property at the time they are accepted by the carrier.
Your submittal of an online order and/or your written approval or signature on our Estimate/Order Acknowledgment is a conditional acceptance by Penny Promotions 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 contained in your purchase order, should you have one, and to the extent that this is the case, Penny Promotions hereby expressly conditions its acceptance of your offer on Penny Promotions 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 Penny Promotions agree that any contract hereby entered into has been made and is to be construed to California State Law.
Penny Promotions is required by law to collect all applicable state and local taxes for services and goods shipped to California. Customers in other states may be required to remit use taxes. Please consult your tax advisor. Companies, individuals and organizations who are exempt from sales tax should provide us with a copy of their resale certificate by email to firstname.lastname@example.org
Cancellations and Alterations to Existing Orders
Once an Estimate or Order Acknowledgment is approved, we cannot guarantee our ability to make changes or cancellations to an order. Penny Promotions will make every effort to comply with your cancellation request. If you have already signed or sent your written approval of your Estimate/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.
Claims, Adjustments and Returns
If you have any problems with your order please contact customer service at 714-328-5205 or email email@example.com within 15 days of receipt. We advise opening your merchandise to review its quality if you do not intend to use it right away. After this time we will be unable to go back to our suppliers for credit. Please have your order number available. WE DO NOT ACCEPT UNAUTHORIZED RETURNS. If any problem arises, please call customer service immediately. If necessary we will issue an RMA number (Return Material Authorization) and provide you with a special shipping address.
Return Policy: Promotional Products
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, Penny Promotions 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 the customer may only be charged an artwork recreation fee of $20-30 per artwork revision.
Return Policy: Decorated Apparel
Decorated apparel that is decorated in any way, such as screen printing or embroidery, is not returnable or refundable unless there is a manufacturing or damage to the item. We always recommend ordering blank/non-printed apparel to make sure that you are satisfied with the garment quality and sizes before ordering a full decorated order. NOTE: If the wrong sizes are ordered on decorated apparel, the items are not refundable.
Return Policy: Blank / Non-Printed Apparel
BLANK / NON-PRINTED GARMENTS ARE RETURNABLE AND REFUNDABLE FOR THE FULL PRICE OF THE GARMENTS as long as the items are in the original condition as they were received and returned within 15 calendar days from the delivery date. THE CUSTOMER IS RESPONSIBLE FOR SHIPPING TO AND FROM for any blank apparel orders UNLESS there is a manufacturing issue with the garments in which you will need to contact customer service to start a claim if your order is defective.
FOR ANY RETURNS OR EXCHANGES OF BLANK APPAREL A RETURN AUTHORIZATION NUMBER IS REQUIRED: Please contact customer service for the shipping address and the Return Authorization Number (RA#). The RA# MUST BE LISTED ON THE OUTSIDE OF THE PACKAGE BEFORE SHIPPING BACK OR THE RETURN MAY BE REFUSED. Executive Advertising is not responsible for shipping or product replacement on returned orders sent without an assigned return authorization number.
Overages and Shortages
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.
Penny Promotions will always provide proofs before an order proceeds to production. Please review proofs carefully before approving. NO CREDIT WILL BE ISSUED FOR ANY ART ERRORS AFTER APPROVAL.
We make every effort to accurately estimate shipping charges. From time to time, we may underestimate the shipping charges on your order. In such event we may make reasonable adjustments to your shipping charges. You always have the option to provide us with a shipping account number (a small handling charge may apply).
While we make best efforts to keep our site up to date, from time to time actual market conditions may change the price of a product. We reserve the right to change published prices of product offered on our site at anytime. If a published site price is incorrect on an item your have quoted or ordered, we will contact you immediately with the most updated price or help you choose a different item that is within your budget.
We make best efforts to provide clear and color-correct product images on our site that best reflect the true nature of the products. However, web site images are inherently limited in their ability to communicate color, scale, and detail. We want to remind 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 evaluate a physical sample, we cannot be held responsible for the difference between the image as it appears on your monitor and the final product.
In all cases where we have a check returned for insufficient Funds we will assess a $50.00 fee