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PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics, logos, button icons, image, audio clips, digital downloads, data compilations, software, or code is copyrighted as a collective work under the United States and Canada and other copyright laws, and is the property of Joypromotion. All software used on this site is the property of joypromotion or its software suppliers and is protected by Canadian, U.S., and International copyright laws. The collective work includes works that are licensed to joypromotion. Copyright 2008, JOYPROMOTION. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with joypromotion or purchasing joypromotion products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with joypromotion or to purchase joypromotion products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by joypromotion. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks, logos and trade names of joypromotion and its subsidiaries used in the site are trademarks or registered trademarks of joypromotion and its parent company.
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, joypromotion disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Joypromotion does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Joypromotion does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states and provinces do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
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Limitation of Liability
Joypromotion shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if joypromotion has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
We, at joypromotion.com, strive for product and pricing accuracy on our Web site. However, in the event that a joypromotion product is mistakenly listed at an incorrect price, joypromotion reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Joypromotion reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Joypromotion shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by joypromotion without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Joypromotion may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to joypromotion.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the province of New York State, United States, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of joypromotion products) shall be in the provincial or federal courts located in New York State, United State. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of joypromotion products) must be commenced within one (1) year after the claim or cause of action arises. Joypromotion's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Joypromotion may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a joypromotion or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offence, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
Joypromotion does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Joypromotion is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, joypromotion reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to joypromotion in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless joypromotion, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, joypromotion may link to sites operated by third parties. However, even if the third party is affiliated with Joypromotion, Joypromotion has no control over these linked sites, all of which have separate privacy and data collection practices, independent of joypromotion. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, joypromotion seeks to protect the integrity of its Web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Rights to Use Trademarks
When submitting a design to joypromotion, please ensure that you warrant and represent that you are the sole, legal owner, authorized agent, or licensee of all rights, including copyright, to each copyright, trademark, service mark, trade name, or logo. Use of any logo for promotional purposes without the prior written consent of the authorized agent or affiliate of the registered owner may constitute trademark infringement under federal, state, or provincial law. Joypromotion will not accept liability for clients who have misrepresented their ownership of licensees or trademarks.
Reproduction of Trademarks and Logos on Our Web Site
All items shown on our Web site containing corporate logos or registered trademarks are shown only to illustrate the logo reproduction capabilities of the companies that produce the respective merchandise displayed on our site. The illustration on any trademark does not constitute any endorsement by joypromotion on behalf of the owner of the said trademark or design.
Product Images Displayed on our Web Site
We warrant that we have not altered or enhanced any images shown on our Web site to misrepresent the true nature of the product displayed. Customers are encouraged to request samples of the products they are considering for purchase to ensure that the color and quality meet their requirements.
Over/Under Runs
During the production process, products may be discarded that do not meet our factories’ high standards. Some factories run extras to be sure to have enough properly imprinted pieces to fill the order. Therefore, you may receive an overage or shortage on your order. The industry standard on most products is +-5%. You will be billed for the actual quantity shipped.
Terms & Conditions for 100% Satisfaction Guarantee
Returning Imprinted Products
In order for us to return, re-run or offer credit on imprinted products that do not meet order specifications, the following steps must have been followed in the order process:
Step 1: Order a Product Sample.
Joypromotion encourages all customers to take the opportunity to review a product sample before ordering a bulk quantity with decoration. Product samples are representative in nature and in certain instances there may be slight variations in the product received. Note that production and shipping of samples can add 5-10 days to the order process.
Step 2: Order a Pre-Production Sample (i.e. decoration on one item).
Joypromotion can produce a decorated sample of an item prior to running an entire order. This is highly recommended for all orders. Pre-production samples involve additional charges and production and shipping can add 5-10 days to the order process.
Step 3: Approve the Order Confirmation.
When you place an order with joypromotion, an order confirmation and payment authorization form is sent via email. This form provides details on your order such as products ordered, quantity, colour and decorating information and allows for any changes to be made. This form must be approved with your signature and faxed back to joypromoton in order for us to proceed with your order (regardless of whether you have opted to order a product sample and/or pre-production sample).
Step 4: Approve the Electronic Art Proof.
Following the order’s confirmation, an art proof showing the placement of the logo on the product will be sent by e-mail prior to production. Customers are required to initial the proof, complete and sign an art proof approval form, and fax both documents to joypromotion.
Production of imprinted products will not begin until the order confirmation and electronic art proof have been checked and signed by off by the customer. Although this process may seem burdensome, it is for your benefit as it gives you the opportunity to ensure that you are getting exactly what you expect through ordering our products.
If you are not completely satisfied with your promotional products purchase, please email us at yahooapple@gmail.com within 15 days of delivery of your goods and we will work with you to resolve the issue.
Returning Unimprinted (Blank) Products
Some blank products can be returned; for example, if a sample is ordered (blank or random imprint). Returned blank products are subject to a 25% restocking fee. All blank products must be returned within 30 days of receipt of goods. Please note that returned items will not be accepted without a Return Authorization (RA) number issued by joypromotion.
Rush Orders
Due to processes to be followed and time limitations, rush orders cannot be guaranteed.
Disclaimer
Price quotes are subject to change, as are supplier's prices.
Order Cancellation Policy
Once your Order Confirmation & Payment Authorization form has been signed and submitted to joypromotion, the materials necessary for you order are set aside and your order production begins. Should you need to make changes or cancel your order at this point, please be aware that setup and/or restocking charges may apply. Occasionally, a situation calling for a change may arise. Should such a situation occur, we will do our best to notify the production team before production begins. However, please note that you may incur additional setup and/or other charges if your order production has begun.
Because of the customized nature of promotional products, once production has begun, we can no longer cancel or change your order. Should you no longer require your ordered items once production is finalized, please note that you will be liable for the full cost of your order.
Payment Policy
Payment of Goods
Because promotional products are of a complex and customized nature, Joypromotion requires the full payment of goods prior to production start.
Payment is accepted by credit card (VISA, Mastercard or American Express), Paypal, check or cash.
Ordering from a Quote
Once you have received our quote and to confirm your order, please sign and fax us the form as prescribed; you will then receive an Order Confirmation & Payment Authorization form, which you must also sign and fax back, including payment information, to begin your order processing and production. Please note that for payments made using credit cards, a written authorization is needed, which means that any card number called in by phone will still require an authorization form to be signed and faxed back.
When the full payment is received, your order processing begins. For orders requiring quick delivery, payment using a credit card is the fastest way to have them processed. Please note that if orders are paid by check or cash, processing will not begin until USB Depot receives full payment, which can delay order processing by up to several days.
Shipping & Adjustments Payment
Payment for your order’s shipping and for any adjustments will be collected at the time of order; unless otherwise stated at that time, the same method of payment used for goods will be used for any outstanding adjustments and shipping.
NSF Checks
A $50.00 fee will be charged for any checks returned for Non Sufficient Funds.
Questions/Information
Should you have any question regarding payments or billing, please do not hesitate to contact us billing department via email at yahooapple@gmail.com
Sample Policy
Because promotional products are of a complex and customized nature, joypromotion highly recommends to its customers the ordering of samples prior to purchasing a bulk quantity of customized products. This allows customers to ensure they are getting exactly what is expected.
2 types of samples are offered:
1) Product sample: product without logo or message;
2) Pre-production sample: an exact sample of a product with the customer’s logo/message imprinted on it.
PRODUCT SAMPLES
Product samples are used to show customers the exact product they intend to later imprint with their logo; they do not include the customers’ logo/message. They are blank products or, sometimes, products that may be imprinted with another company’s logo/message. They are required as part of our guarantee policy.
Sample Cost
Joypromotion is pleased to provide up to 2 product samples, free of charge (maximum value of $5 each), to legitimate business customers. Samples valued at more than $5 or samples above the 2 free allowed will be charged at the price listed for the minimum quantity.
Shipping
Customers are responsible for shipping charges. We can use our shipping account and then bill the charges to customers that do not have a shipping account (such as UPS, FedEx).
How to Order
To obtain a product sample, please contact and discuss your request with our Sales Department. Note that adequate time is necessary to receive and review the product sample as it can add up to a week or more to the overall process.
The following information is required for sample order:
1. Product name(s);
2. Company name, billing and shipping addresses, telephone number;
3. Shipping account number (if available).
Payment
All samples that do not qualify as free samples must be paid for by credit card at the time of request. Sample orders will not be processed until written credit card authorization is received.
Returning Samples
Some sample items may be returned within 15 days of receipt. To do so, contact our Customer Service by email prior to shipping back to ensure that items can be returned. Please note that a 25% restocking fee will be applied for all returned samples and that any shipping costs remain the customer’s responsibility. To prevent sample policy abuse, Joypromotion reserves the right to decline any sample request.
PRE-PRODUCTION SAMPLES
Pre-production samples are an exact replica of the requested product, in the chosen color(s), with imprint and decoration.
Pre-production samples are highly recommended as they ultimately can become time and cost saving: changes can still be made before the entire production process is started. Pre-production samples are required as part of our guarantee policy.
Pre-Production Sample Cost
The cost of a pre-production sample can vary depending on the product ordered. A pre-production sample may seem expensive, but this is mainly due to the setup and preparation involved in producing one customized item. But more often than not, when the bulk order is placed and produced, the cost of a pre-production sample is offset, as setup charges may be lower or non-existent.
Think of it as an investment: when ordering $5,000 worth of customized products, is it not worth it to spend $100-200 to ensure that the entire order exactly meets expectations?
Please do not hesitate to inquire with our Sales Department for further information on pre-production samples.
Shipping
Customers are responsible for shipping charges. We can use our shipping account and then bill the charges to customers that do not have a shipping account (such as UPS, FedEx or Purolator).
How to Order
To obtain a pre-production sample, please contact and discuss your request with our Sales Department.
Payment
All pre-production samples must be paid for at the time of request. Pre-production sample orders will not be processed until written authorization with payment is received.
Returning Pre-Production Samples
Because of the pre-production samples’ customized nature, no returns are accepted.
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