Welcome to Logos On Promos!
General Terms of Sale and Service
Please note that use of our site constitutes your unconditional
agreement to our General Terms of Sale and Service which govern the provision
by Logos On Promos of items which may or may not be decorated and graphic
design services.
The placing of an order with LOGOS ON PROMOS implies, on one
hand, acceptance of these General Terms of Sale and Service and, on the other,
the waiver by the CUSTOMER of any contrary terms in their legal and commercial
documents.
Any variation hereof shall be subject to the express written
agreement of LOGOS ON PROMOS.
In consequence, the reciprocal undertakings of the parties shall
result only from the following documents constituting each sales agreement:
documents constituting each sales agreement:
- these
General Terms of Sale and Service
- the
CUSTOMER’S order accepted by LOGOS ON PROMOS
- each sales
agreement shall take effect from the tacit or express acceptance by LOGOS
ON PROMOS of the order sent by the CUSTOMER.
- Definitions
- Order
Placement
- Product
Color and Appearance
- Site
Images
- Availability
of Products
- Delivery
- Shipping
- Returns,
Claims and Cancellations
- Personal
Protective Equipment (PPE)
- Obligations
of the Customer – Compliance with Intellectual Property Rights
- Warranty
- Limitations
of Liability
- Prices
– Payments – Late Payment Penalties
- Sales
Tax
- Check
Returns
- Net
30 Terms
- Confidentiality
- Referencing
- Indemnification
- Force
Majeure
- Protection
of Personal Data
- Entire
Agreement – Partial Invalidity – Proof
- Miscellaneous
- Special
Offers
1.
DEFINITIONS
For the understanding and interpretation hereof, each term shall
have the following precise meaning:
Products: Items offered for sale by LOGOS ON PROMOS. These
products are either featured in the LOGOS ON PROMOS site which can be consulted
online at www.LogosOnPromos.com; part of a creative item presentation of
Products offered by LOGOS ON PROMOS; or from part of a non-catalog offer made
up of custom Products which are created by LOGOS ON PROMOS, using instructions
provided by the CUSTOMER, which may be formalized in contractual specification
documents and which should be provided to LOGOS ON PROMOS at the time of
requesting a quotation.
CUSTOMER: Entity visiting the LOGOS ON PROMOS site or who LOGOS
ON PROMOS is selling a Promotional Product and Service to.
Products: Blank or decorated promotional Products upon which the
distinctive brand/logo of the CUSTOMER are added, most often, but not limited
to, their logo, contact details, visual art specific to their company or a
slogan, irrespective of the technical process chosen.
Manufacturer: The manufacturer is the person and/or factory
which assumes the responsibility for the manufacture of a promotional product.
Proof: The proof is a digital proof (reproduction of the Product
or of just the decoration to be used on the Product, or an example of the
Product by itself). A CUSTOMER approved proof formalizes the CUSTOMER’s
agreement for the launch of the production.
Creations: Items and/or models in paper or digital format
designed by LOGOS ON PROMOS, whether using instructions provided by the
CUSTOMER or not.
Designs: Graphic Services provided by LOGOS ON PROMOS. These
services include vectorizing or digitizing of logo or other images, typesetting
of text, or creation of images or logos.
2.
ORDER PLACEMENT
PRODUCT ORDERS
Product orders may be entered online using the LOGOS ON PROMOS
site at www.LogosOnPromos.com or CUSTOMER may send a complete purchase order to
LOGOS ON PROMOS electronically to the address provided by LOGOS ON PROMOS.
Where applicable, at the same time as sending the purchase
order, the CUSTOMER shall also send by email the desired decoration details
such as: brand name; logo; company name; event artwork; which the CUSTOMER
wishes to use to decorate the Products ordered.
Orders sent by the CUSTOMER shall only become binding on LOGOS
ON PROMOS after the tacit or express acceptance thereof by the latter. Purchase
orders including delivery dates or decorated Products which cannot be
accommodated, or payments terms not accepted by LOGOS ON PROMOS or incorrect prices,
may be refused by LOGOS ON PROMOS.
LOGOS ON PROMOS shall only commence production of decorated
Products and/or Products created by LOGOS ON PROMOS after written acceptance of
the order proof by the CUSTOMER. The CUSTOMER may in writing to LOGOS ON PROMOS
waive the formalities of approving and sending the proof and its acceptance. In
this case, the production of the decorated Products and/or Products to be
created by LOGOS ON PROMOS shall only be commenced when LOGOS ON PROMOS has
received a document signed and dated by the CUSTOMER valid for agreement for
the launch of production without approval of the proof and cancelling any
claims or damages against LOGOS ON PROMOS which may have been made. Where
applicable, the proof shall be either a virtual, paper and/or actual sample of
the decorated Product and/or the Product to be created, or an example of the
decorated Product/Products to be created.
ONLINE ORDERS
By placing an order with LOGOS ON PROMOS on the Site (including
a telephone order placed with our promotional consultant team), you acknowledge
and agree that your purchase is expressly subject to all of the additional
terms and conditions set forth within and below. Please note that LOGOS ON
PROMOS is not bound by any terms or conditions written, printed, or otherwise
included in any correspondence or documentation provided by you, unless we
expressly and affirmatively accept such terms or conditions in writing.
LOGOS ON PROMOS may create an online site for users to place
orders on. Users will view available Product and will be prompted to provide
details pending the CUSTOMER’s desired ordering parameters, such as: color
selection; apparel sizing preference; ship to address. Fees may be associated
with the development and listing of a CUSTOMER branded online store specific to
CUSTOMER needs.
GRAPHIC DESIGN ORDERS
CUSTOMER may send a complete purchase order to LOGOS ON PROMOS
electronically to the address provided by LOGOS ON PROMOS for Graphic Design
services. In some cases, Graphic Design work may be necessary in the creation
of artwork for Products and will be listed on the invoice as a charge separate
from the Products and separate from Set-up Fees. Graphic Design and Set-up Fees
are separate charges for separate purposes.
Where applicable, at the same time as sending the purchase
order, the CUSTOMER shall also send by email the desired design details such
as: brand name; logo; company name; event artwork; which the CUSTOMER wishes to
use in the creation of the Graphic Design.
Orders sent by the CUSTOMER shall only become binding on LOGOS
ON PROMOS after the tacit or express acceptance thereof by the latter. Purchase
orders including delivery dates or decorated Products which cannot be
accommodated, or payments terms not accepted by LOGOS ON PROMOS or incorrect
prices, may be refused by LOGOS ON PROMOS.
LOGOS ON PROMOS shall only commence on the design services after
written acceptance of the preliminary design and invoice payment. Initial
invoice payment is for design work only and does not provide the CUSTOMER with
the art files. All design work and original files remain the exclusive property
of LOGOS ON PROMOS unless otherwise stated and released in writing to the CUSTOMER.
There is an additional fee for the written release of the art files.
3.
PRODUCT COLOR AND APPEARANCE
Every effort has been made to ensure that the products displayed
on this site appear as accurately as possible. Product colors and images may
appear distorted, or colors may not appear as they do due to configurations
with your computer system and limitations in quality of images that the factory
supplies. Please request a sample for best results. A cost
for the sample may apply, and shipping for the sample will be billed.
LOGOS ON PROMOS
cannot guarantee exact shade, color, size, texture, or construction of finished
goods as they may vary from lot to lot. Exact duplication of colors including
PMS (pantone matching system) colors is not always possible. A variation in
color of the product or imprint does not constitute a defect of the product or
design work.
4. SITE
IMAGES
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. A cost for the sample may
apply, and shipping for the sample will be billed.
5.
AVAILABILITY OF PRODUCTS
Offers of Products are valid subject to stock availability. 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 your charge card or account for up to
10% over the desired quantity. In the case of stock shortages, LOGOS ON PROMOS
shall advise the CUSTOMER of this if we are made aware.
6.
DELIVERY
All merchandise is shipped FOB origin and pricing for shipping
and handling are not included in the pricing. We are happy to provide shipping
quotes. We typically ship UPS, FEDEX or Truck pending the shipment origin,
shipment size and desired in-hands date.
Place of delivery
Deliveries shall be made to the address indicated on the
purchase order or in the case of the order placement on www.LogosOnPromos.com,
the delivery address will be captured in the shipping field online. If no
address is noted or provided or if there is a perceived problem with the
shipping details provided by CUSTOMER, the delivery will not be processed, and
the CUSTOMER contacted. Deliveries must be to a physical address, no PO Boxes
allowed.
Transport: The Products are sold ‘ex-factory’ or ex-warehouse,
the costs and risks of transport are at the sole expense of the CUSTOMER.
Delivery dates: Delivery dates are given as a guide only due to
the uncertainties of transport. LOGOS ON PROMOS undertakes to use its best
endeavors to comply with the desired delivery dates indicated, except in circumstances
beyond its control and in situations under force majeure.
In the event LOGOS ON PROMOS shall be unable or fail at
any time to make or supply the goods ordered due to any condition, contingency,
delay, failure or cause beyond the control of LOGOS ON PROMOS whether by stock
availability, production process or shipment, and whether or not any such
contingency is presently occurring, LOGOS ON PROMOS SHALL NOT BE LIABLE TO
BUYER FOR FAILURE TO SUPPLY DURING THE PERIOD AND TO THE EXTENT OF SUCH DISABILITY
INCLUDING SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING PROFITS OR PROFITS LOST).
Quantities delivered: Given the uncertainties of manufacturing
and decorating, the CUSTOMER is advised that the quantities delivered, in the
case of blank and decorated Products by LOGOS ON PROMOS, may vary by plus or
minus 10% compared to the quantities ordered by CUSTOMER.
7.
SHIPPING
While we will make every effort to prepare your order to ship within
a reasonable timeframe, you should be aware that we cannot be held responsible
for delays on the part of the carrier who is delivering your merchandise even though
you are paying for shipping costs. All merchandise is shipped FOB which means
that you own the merchandise when it leaves the factory.
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). If there are additional carrier charges which occur
at any point which are associated to your order such as residential shipping
fees and product re-directs, we reserve the right to charge you as those
carrier expenses become known.
8.
RETURNS, CLAIMS AND CANCELLATIONS
LOGOS ON PROMOS is focused on service excellence. Please contact
your LOGOS ON PROMOS contact immediately with any questions you have regarding
your order.
All sales are final. No
returns or exchanges on imprinted items, blank products or graphic design work.
No cancellations will be accepted if order is already in process. Order changes
must be submitted to LOGOS ON PROMOS in writing and must receive written
response and approval from LOGOS ON PROMOS. Changes to orders (prior to
production) will usually require an extra cost and are not guaranteed. Any
costs incurred by Seller prior to acceptance of changes or cancellation prior
to production will not be refunded.
Damage due to transport: In the case of damage due to transport
(theft of Products, disappearance or destruction of Products, damaged Products,
etc.), the person or entity responsible for receipt of the promotional Products
shall precisely note their name in capital letters and reiterate these to the
transporter in writing by recommended letter within three (3) days of delivery
(not including public holidays) pursuant to the provisions of local Commercial
Codes, and inform LOGOS ON PROMOS in writing within three (3) business days
following delivery.
General provisions: In the case of claims, these shall be
brought to the attention of your Sales contact at LOGOS ON PROMOS in writing,
with acknowledgement of receipt or by any other equivalent method. The claim
shall be sent to LOGOS ON PROMOS within three (3) business days following the
date of delivery of the Products. No claim shall be accepted in the case of
non- compliance with these formalities and deadlines. Claims to LOGOS ON PROMOS
can only be made on Product, which is unused, unspoiled, and remain in the same
original packaging as Product was shipped.
Due to health and safety concerns, Personal Protection Equipment
(PPE) products cannot be returned. This includes disinfectant spray, masks,
sanitizer, and sanitizing wipes.
Exceeding delivery deadlines: Since delivery deadlines are
provided as a guideline only, even when these delivery dates are related to an
event, seminar, demonstration, Product launch, etc. if these delivery deadlines
are exceeded this shall not give rise to any compensation in favor of the
CUSTOMER of any kind or be grounds for refusal of the Product ordered.
Order Cancellation: Orders may only be cancelled prior the start
of production and may incur costs leading up to the date of cancellation for
services or work already performed. Please be sure to carefully proof your
order to ensure the promotional product produced meets and exceeds your
expectations.
9.
PERSONAL PROTECTIVE EQUIPMENT (PPE)
We want you to be completely satisfied with your order, but for
reasons of health and safety, PPE Products cannot be returned.
Does Personal Protective Equipment (PPE) have an expiration
Date?
Yes. Disposable face masks and sanitizers will have an
expiration date on their packaging.
10. OBLIGATIONS
OF THE CUSTOMER- COMPLIANCE WITH INTELLECTUAL PROPERTY RIGHTS
Documents and products provided by the CUSTOMER pr referenced by
the CUSTOMER for or during the manufacture of decorated Products: For the
purposes of the manufacture of decorated Products, the CUSTOMER shall provide LOGOS
ON PROMOS with documents or products which it shall itself have created in full
or in part or which shall have been produced by a known or unknown third party,
which maybe in the form of a model, a drawing, an image, a logo, a product
medium, a request sufficiently detailed and precise to produce the Products, a
sample or a template (hereafter referred to as the “Elements Provided”), this
list is not exhaustive.
The CUSTOMER warrants that the brand marks, logos, designs,
elements provided to LOGOS ON PROMOS, irrespective of their form, do not
contain any reproduction, resemblance or counterfeiting which may adversely
affect the rights of a third party (copyright, brand, patents, design and
template, etc.) and it shall hold LOGOS ON PROMOS harmless against any action
in this respect. Consequently, any damages suffered by a third party due to its
rights being adversely affected shall be the exclusive liability of the
CUSTOMER.
The CUSTOMER undertakes to comply with the intellectual property
rights of LOGOS ON PROMOS in respect of these Creations, as well as those which
may belong to manufacturers of the Products. The CUSTOMER may not,
consequently, reproduce the Creations in whole or in part. It may only do this
for information purposes after having obtained the written agreement of LOGOS
ON PROMOS.
To use any logo a customer MUST have written permission from the
registered owner of the logo or trademark or be an authorized agent or
affiliate of the registered owner of the logo. A customer may NOT use any logo
in a manner that may infringe copyright laws. A customer also may NOT use any
logo in a vulgar, illegal, and/or unlawful manner. LOGOS ON PROMOS assumes no
responsibility for damages or any wrongdoing that the purchaser may cause using
a logo. LOGOS ON PROMOS shall not be held liable for the unauthorized,
improper, or illegal use of any logo or trademark that is applied to
promotional merchandise purchased through LOGOS ON PROMOS. LOGOS ON PROMOS will
also not accept responsibility or liability for the actions of CUSTOMER who
have misrepresented their ownership of licenses or trademarks. LOGOS ON PROMOS
will reserve the right to refuse orders from any customer who has violated or
otherwise infringed upon the intellectual rights of others. We reserve the
right to refuse to print or process an order without reason.
Creations by LOGOS ON PROMOS, is hereby expressly authorized by
the CUSTOMER to create derivative or composite works using the brand marks,
logos, designs, elements provided by the CUSTOMER. It shall also be likely to
create any part of the decoration of the Products and/or templates of the
Products. LOGOS ON PROMOS shall be the sole owner of the intellectual property
rights which may result, occur or arise from these Creations, these rights are
recognized by international conventions.
The designs, trademarks, artwork, and logos shown on products on
the Site are for illustration purposes only and do not represent endorsements
by – or production for – the owners of such marks, designs, artwork, or logos.
Such illustrations are not meant to be advertisements. Items as pictured with
third-party designs, trademarks and logos are not for sale to anyone other than
those expressly authorized by the owners of such designs, artwork, trademarks and
logos.
Obligation to return samples: LOGOS ON PROMOS shall be likely to
provide random and/or custom decorated samples to the CUSTOMER which may or may
not be charged upfront to CUSTOMER. The CUSTOMER undertakes to return blank
damage-free and unspoiled Product samples which LOGOS ON PROMOS provided,
within thirty (30) days of Product sample shipment arrival, on the date
indicated by LOGOS ON PROMOS and should LOGOS ON PROMOS make the request to do
so. Decorated samples created specifically for CUSTOMER are not returnable for
credit under any circumstances. If LOGOS ON PROMOS charges for a sample, it is
at the discretion of LOGOS ON PROMOS to provide a credit to the CUSTOMER when
an actual order for the same Product sample is realized.
11.
WARRANTY
The Products are sold at the CUSTOMER’S risk. The only warranty
from which the CUSTOMER may benefit is the warranty that may have been granted
by the manufacturer or the supplier. The manufacturer’s warranty is set out
either on the order confirmation sent to the CUSTOMER or on, or in, the
promotional Product packaging.
The benefit of this warranty is subject to the presentation of
the purchase order by the CUSTOMER.
The delivery and transport costs for defective or exchanged
Products shall be paid for by the CUSTOMER.
Generally, the warranty shall be excluded in circumstances where
the defect is caused by: damage related to transport, improper handling or use
of the Product, an accident, a modification or adaptation of the Product, of
any kind, use of the Product which does not comply with the instructions and
conditions for use in its associated documentation.
12.
LIMITATION OF LIABILITY
BY USING THE SITE OR PLACING AN ORDER WITH LOGOS ON PROMOS, YOU
EXPRESSLY ACKNOWLEDGE AND AGREE LOGOS ON PROMOS SHALL NOT HAVE ANY LIABILITY TO
CUSTOMER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, LOSS OF PROFITS,
EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS
OF USE, REVENUE, BUSINESS INTERRUPTION OR LOSS OF INFORMATION), WHETHER ARISING
OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE,
REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE OR WHETHER SUCH PARTY HAD
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LOGO ON PROMO’S
LIABILITY TO CUSTOMER FOR ANY CLAIM RELATED TO THIS ORDER EXCEED THE TOTAL
AMOUNT DUE TO LOGOS ON PROMOS PURSUANT TO THE ORDER.
LOGOS ON PROMOS reserves the right to discontinue or change
specifications and prices on blank or decorated merchandise and services
offered without prior notice and without incurring any obligation to the
CUSTOMER. Promotional products displayed on this site are available only
while supplies last. LOGOS ON PROMOS is not responsible for any typographical
errors.
Once the blank or decorated promotional Products have been
supplied, the CUSTOMER shall be liable for any damage they may incur or caused.
CUSTOMER shall insure them against the risks of theft or deterioration. Generally,
LOGOS ON PROMOS shall not be liable for material or immaterial damage, whether
consequential or not, related to the use or immobilization of the Products.
13.
PRICES – PAYMENTS – LATE PAYMENT PENALTIES
Prices and terms of payment for the Product by the CUSTOMER:
Amount – Costs – Taxes – Price reviews: Unless stated otherwise,
the prices indicated are unit prices, exclusive of any set-up fees, graphic
design services, taxes, shipping and import fees, if applicable. The ancillary
costs of transport, packaging and additional insurance shall be invoiced to the
CUSTOMER as supplements, unless the parties agree otherwise. In the case of a
modification of price between the quotation being drafted or the sending of the
order and the processing thereof, LOGOS ON PROMOS shall advise the CUSTOMER of
this. The CUSTOMER shall then have the option either to confirm its order,
having been informed of the new applicable pricing or to request cancellation
of its order.
Payment terms: All payments to be in US dollars. The CUSTOMER
undertakes to settle the invoice for the order in full on the date of sending
the purchase order unless other exceptional terms of payment have been accepted
in writing by LOGOS ON PROMOS. Every CUSTOMER acknowledges that it is aware of
the fact that its future orders shall only be registered and processed after
receipt of any past due amount payables on the date of sending of the purchase
order. LOGOS ON PROMOS reserves the right to modify or change CUSTOMER credit
terms and permissible form of payment.
Late payment penalties and fixed compensation for recovery
costs: In the case of payment after the due date, late payment penalties at the
statutory interest rate may be applied, as well as fixed compensation for any
debt recovery costs of shall be payable. The late payment penalties and fixed
compensation of recovery costs shall be payable automatically, without reminder
or legal or extrajudicial formalities being necessary.
14.
SALES TAX
LOGOS ON PROMOS is required by law to collect all applicable
state and local taxes for services and goods shipped to Alabama, Alaska,
Arizona, Arkansas, California, Colorado, Connecticut, District of Columbia,
Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine,
Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, Nevada, New
Jersey, New York, North Carolina, North Dakota, Ohio, Pennsylvania, Rhode
Island, South Carolina, Tennessee, Texas, Utah, Virginia, Washington, and
Wisconsin. 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
or tax- exempt certificate by sending to the LOGOS ON PROMOS sales contact you
are working with.
15.
CHECK RETURNS
In all cases where we have a check returned for insufficient
funds we will assess a $50.00 fee.
16. 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.
17.
CONFIDENTIALITY
The CUSTOMER undertakes to comply with and ensure that its
members of staff and company representatives comply with the confidentiality of
information relating to the conditions of manufacture and use of the
promotional Products proposed for sale by LOGOS ON PROMOS, which it may become
aware of within the framework of placing an order.
However, the CUSTOMER shall not be held liable for any
disclosure if the disclosed elements were in the public domain or if it was
aware of or obtained these from third parties by lawful means.
You are solely responsible for the confidentiality of your
account and password when using this site. You accept responsibility for all
activities that occur when using your account or password.
18.
REFERENCING
The Parties authorize each other to mention the company name of
the other party in their commercial documents as a reference should they wish
to do so, unless either CUSTOMER or LOGOS ON PROMOS states in writing
otherwise. By placing an order with LOGOS ON PROMOS
you agree to allow us to use representations or photographs of any Products
presented to you showing your logo for any future marketing and advertising to
include but not limited to email, social media or in print to other CUSTOMERS
and prospects.
19.
INDEMNIFICATION
Indemnification by You: BY USING THE SITE, YOU AGREE TO DEFEND,
INDEMNIFY AND HOLD LOGOS ON PROMOS AND OUR OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, ACCOUNT EXECUTIVES, SALES REPRESENTATIVES, SUPPLIERS, AND FULFILLMENT
PARTNERS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, SUITS, ACTIONS,
PROCEEDINGS, JUDGMENTS, ORDERS, DAMAGES, LIABILITIES, PENALTIES, LOSSES, COSTS
AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES AND COURT COSTS)
(COLLECTIVELY “CLAIMS”) ARISING FROM OR IN CONNECTION WITH: (I) YOUR USE OR
MISUSE OF THE SITE OR ANY SITE CONTENT; (II) ANY USER MATERIAL FURNISHED BY
YOU; (III) YOUR USE, MISUSE, RESALE OR FURTHER DISTRIBUTION OF ANY PRODUCTS YOU
PURCHASE FROM US; OR (III) YOUR BREACH OR VIOLATION OF ANY OF THESE TERMS OF
USE OR ANY APPLICABLE LAW.
20.
FORCE MAJEURE
LOGOS ON PROMOS shall be freed of its obligations in the case of
force majeure, in other words due to any event which occurs through no fault of
its own or is partially outside of its control. As a guide, but not limited to
this list, the following shall be considered to be cases of force majeure: a
prohibition on export or import issued by a government authority, employment
conflicts leading to a general or sectoral strike, demonstrations blocking
methods of transportation and supply, fires, floods, earthquakes, storms,
insurgency, pandemics, suspension of external telecommunications networks,
parcel referral errors by a transporter.
21.
PROTECTION OF PERSONAL DATA
Personal information and data are provided by the CUSTOMER
enabling LOGOS ON PROMOS to process orders, to better know its CUSTOMER and to
continuously optimize the choice of communications and services offered to it.
They may be communicated to partner, manufacturer, subcontractor companies of LOGOS
ON PROMOS involved in the fulfilment of orders and in particular, to transport
companies.
In the absence of opposition by the CUSTOMER, LOGOS ON PROMOS
may communicate by letter and/or by email and/or by telephone, offers of
imprinted promotional Products and services and information on its promotional
Products and services.
22.
ENTIRE AGREEMENT – PARTIAL INVALIDITY – PROOF
These General Terms of Sale and Service represent the entire
agreement entered into by the parties and replace any agreements or
correspondence entered into or exchanged by the parties prior to the drafting
of these General Terms of Sale and Service. If one or more provisions of the
General Terms of Sale and Service are deemed to be invalid or declared invalid
under a law, a regulatory provision or following a final court decision, the
other provisions shall retain their force and their scope.
The files, data, messages and computerized directories stored in
the computer systems of each party are accepted as proof of communications and
agreements which have taken place between the Parties, provided that the party
sending them may be identified and that they are drafted and stored in
conditions able to guarantee their integrity. Their storage shall be presumed,
unless proven otherwise, to have taken place in reasonable conditions of
security if the files, messages, data and documents are automatically
registered on a durable and unalterable medium.
23.
MISCELLANEOUS
These Terms of Sale and Service, together with our Privacy
Policy (click here), constitute the entire agreement between you and us
concerning your use of the Site, including any purchase you make on the Site.
If any provision of these Terms of Sale and Service is deemed invalid by a
court of competent jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of these Terms of Sale and
Service, all of which shall remain in full force and effect. No waiver of any
provision of these Terms of Sale and Service shall be deemed a further or
continuing waiver of such provision or a waiver of any other provision, and our
failure to assert any right or provision under these Terms of Sale and Service
shall not constitute a waiver of such right or provision. These Terms of Sale
and Service and the order shall be governed by the laws of Texas.
24.
SPECIAL OFFERS
We enjoy providing 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.
- Each product
purchased is considered a separate order, even when multiple orders are
placed at the same time.
- When
qualifying for special offers, order size does not include shipping, tax,
or golf ball orders.
- Special
offers and valid coupons are only valid on orders purchased at website
pricing.
- Special
offers may not be valid on certain items.
- To redeem
any special offer, a valid offer code must be given at the time of
ordering.