This policy statement applies to all website owned and operated by Advertising Elements.
Definition
- Seller (Advertising Elements and all websites operated by Advertising Elements) refers to the party to whom the order for purchase has been given.
- Client refers to the person or organization placing the order.
- Goods or services refer to the product for which the seller has placed an order with the client.
- Company (Advertising Elements) refers to the website owner.
Application
- The terms and conditions are valid for any goods or services provided by the Seller to the Client.
Pricing
- The pricing, quantity of goods, and time of delivery mentioned in the articles are not binding on the Seller, but the Seller will make all efforts to fulfill the stated estimates.
Payment
- Advertising Elements accepts online or telephone payment via credit card or debit card. Non web based orders can be paid via company check (with prior approval required). All payments sent electronically are securely transmitted.
- Prepayment in full is required on all orders before the order is entered into the order process. Some orders for decorated product may not include the shipping charges at the time the order is placed. In these instances, the shipping charges are due and payable at the time of shipment and the customer will be contacted to make payment arrangements.
- All prices shown are exclusive of sales taxes and shipping and handling charges which will be added to invoices where appropriate.
- The Seller reserves the right to increase a quoted fee in the event that the client requests a variation to the work agreed.
Delivery
- Delivery by the Seller will be deemed to have taken place when the materials are handed to the custody of the Client at his premises or to a deputed messenger or courier when posted.
- If an order is, at the Client's request, sent electronically, the time recorded on the sending equipment shall be deemed the time of delivery, system delays notwithstanding. (nb - electronic dispatch can be provided only on request and at the Client's risk. The Seller reserves the right to substitute conventional delivery methods without notice or penalty should electronic dispatch prove inconvenient.)
Refund, Return and Cancellation Policies
Notice
- All written notices to be served on or given to the client shall be sent or delivered to the client's principle place of business and shall be treated as having been given upon receipt.
Loss or Damage to Goods
- The Company will take all reasonable steps to ensure the protection from loss, damage or destruction of the services or materials it supplies to the Client (or which may be received from the Client).
Usage of Goods or Services
- The Client shall bear responsibility for ensuring that all usage of information contained within any samples is in accordance with and does not contravene any Data Protection or other laws, regulations or other trade customs and practices. The Company bears no liability for any omissions or faults in these respects.
Confidentiality
Warranty
- The Company warrants that it has the right to provide the Goods but otherwise the Goods are provided on an "as-is" basis without warranty of any kind, express or implied, oral or written including, without limitation, the implied conditions of merchantable quality, fitness for purpose and description, all of which are specifically and unreservedly excluded. In particular, but without limitation, no warranty is given that the Goods are suitable for the purposes intended by the Client.
- The Company warrants that the Goods will be supplied using reasonable care and skill. The Company does not warrant that the Goods supplied are error-free, accurate or complete.
Limitation of Liability
- The Company shall not be liable for any claim arising out of the performance, non-performance, delay in delivery of or defect in the Goods nor for any special, indirect, economic or consequential loss or damage howsoever arising or howsoever caused (including loss of profit or loss of revenue) whether from negligence or otherwise in connection with the supply, functioning or use of the Goods. Any liability of the Company shall in any event be limited to the license fees paid by the Client in the year in which the event of default arises.
- Nothing herein shall limit either party's liability for death or personal injury arising from the proven negligence by itself or its employees or agents.
- The Client shall fully indemnify the Company against any liability to third parties arising out of the Client's use of the Goods.
Indemnity
- You agree to defend, indemnify and hold Advertising Elements and its affiliates harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or relating to your use of Advertising Elements's Site and the Service, your violation of this Agreement, or your violation of any rights of another.
Governing Law
- This Agreement shall be governed by the laws of the State of Texas and, where applicable, by federal law.
Contact Customer Service
For any questions, please contact Customer Service at
1-903-845-5581 (M-F 9-6 CST).
Or email questions to customerservice@adelements.com .
Last updated on: 9/26/2012 © 2012 Advertising Elements. All rights reserved.
|