Pro Sales Mkt Inc > Terms and Conditions

WEB SITE TERMS AND CONDITIONS Pro Sales Mkt, Inc. is committed to complete and total disclosure of all its business practices. Please look over the brief list of our policies and procedures below, and if you have any questions, or need further clarification please do not hesitate to customer service at pro4sales@zoominternet.net.

Imprinting / Ink Colors

The imprint areas given for each product are approximate and may vary from piece to piece. Pro Sales Mkt, Inc. will size all artwork to utilize each items maximum imprint area unless otherwise noted in writing by the customer.

Some imprint colors will print differently, depending on the color of the product. For example: blue on yellow backgrounds may appear with a green tint, white on red backgrounds may appear with a pink tint and so forth.

Color miss-registration of the industry standard 1/16 inch is considered acceptable but may be different depending on the item. Pro Sales & Mkt, Inc uses these standards for all orders.

Exact color replication for reorders may vary. PMS matching may be available depending on item. Exact PMS matching cannot be guaranteed. Pro Sales Mkt, Inc. will advise you of the best ink color for your product at the time of ordering.

Sale Prices, Coupons and Discounts

Sale prices are valid through the stated period (or published period) and are good only while supplies last. Discounts are based on the product total only and do not apply to shipping and sales tax. Coupons cannot be combined with any other offer, with volume discounts or used for Printing Services. Only one coupon allowed per order.

Volume discounts will not appear in your shopping cart and online order form. Volume discounts are processed offline and will be reflected on your final receipt. The volume discount schedule does not apply to imprinting or blank orders for Printing Services products. Unless otherwise noted, volume discounts and coupons may not be combined with any other offer or sale items.

Requests for price/special offer adjustments are applied to purchases made within 14 days of the posted sale price.

Sample Policy

We know that it's important to be able to evaluate items first hand. So in order to help you purchase with confidence, we have developed the following sample policy:

Samples can be requested with the assistance of a promotions specialist by contacting us at 724-935-0490. You can also click “Request Sample” through our web site. Pro Sales Mkt, Inc. will provide a free sample(s) up to $5.00 in total samples. Example would be 5 samples at one dollar each would be free, but 2 samples at three dollars each would require payment. All samples over $5.00 will require payment via credit prior to sending the sample.

Pro Sales Mkt, Inc. will pay for the shipping and handling via UPS Ground service on your first sample. You can provide your shipping account number if you would like the shipment sooner/expedited. Most items available online do NOT ship from the same location. So when requesting two different samples, there is a very high likelihood that each sample will require its own shipment. The cost of shipping and handling above and beyond the initial sample, regardless of the cost of the item, is the responsibility of the customer. The necessary billing information will be collected prior to shipping multiple samples.

Pro Sales Mkt, Inc reserves the right to refuse shipment of any sample to any party at our discretion. Samples are currently only available to clients located in the continental United States who can receive regular shipments via UPS Ground.

Due to the nature of samples - samples are non-refundable and no returns or exchanges are allowed.

Samples are currently only available to clients with physical mailing address located in the continental United States who can receive shipments via UPS (we do not ship to PO boxes or mail stops). Samples cannot be returned and are non refundable. Due to frequent abuse of our sample policy, we may call to verify your sample request. We apologize in advance for any inconvenience this may cause you. Pro Sales Mkt, Inc. reserves the right to refuse shipment of any sample to any party at its own discretion.

Though we make every effort to ship the exact color and style item that you are interested in, samples are sent at the manufacturer's discretion, and randomly imprinted samples may be substituted without prior notice depending on availability of the item and color requested. If interested in a BLANK sample, please indicate so when you place your request.

Proof Policy

Pro Sales Mkt, Inc requires that all new orders receive a paper/electronic proof and order acknowledgment prior to releasing the order to final production. A paper proof will be provided at no cost, and is our best representation of what your final print/product will look like. Often the artwork is to size or to scale (as indicated on the artwork), and is only intended to provide an idea as to what the final product will look like when completed. The paper proof and order acknowledgment are checked for misspellings and other mistakes (such as item colors, sizing, imprint color, imprint locations …), but due to order volume, there is inevitably the rare instance that an error might go unnoticed. For this reason, we strongly recommend that you take part in this process by carefully checking your paperwork before signing off and submitting your approval. IT IS NOT SAFE TO ASSUME ANYTHING. Pro Sales Mkt, Inc. can not be held responsible for any wrong interpretations of the artwork or order approval, so if you have any questions or if something is unclear, please contact your sales representative to clarify the matter.

At the time of proofing your order/artwork, if you do notice a mistake, please contact your account representative or note it on the paperwork accordingly. We will be more than happy to make any corrections or changes promptly and for no additional charge. All changes must be confirmed in writing (e-mail is acceptable).

Orders approved “As-Is” will be printed exactly as stated, and no new proof will be sent/required. Orders approved “with changes” will be printed according to the change(s) and no new proof will be sent/required. Orders marked “Additional Proof Required” will receive a new proof, and final production will not begun until an order “Approved As Is” or “Approved with Changes” is received.

PRO SALES MKT, INC. IS NOT RESPONSIBLE FOR ANY TYOGRAPHICAL MISTAKES OR ERRORS THAT ARE OVERLOOKED AND LATER APPROVED BY THE CUSTOMER. In addition, Pro Sales Mkt, Inc cannot be held responsible for any damages that may be incurred as a result of the error or mistake after the order has been printed and accepted by the customer.

For example, if an order is supposed to read “Happy Birthday”, but the customer approves the artwork with a typographical error so the artwork reads “Hapy Birthday” (missing a “p” in “Happy”), Pro Sales Mkt, Inc. cannot be held responsible for the misprint as a result of the error. Once the customer approves the proof and order acknowledgment, we are not at liberty to make ANY changes to the order. Whether correct or with errors, the order is printed exactly as approved by the customer. For this reason, it is VERY IMPORTANT to carefully look over ALL the paperwork before replying with your approval.

Payment Terms

All outstanding balances must be paid in full before production can begin. By signing the provided order acknowledgment the buyer acknowledges that they are entering into a contractual agreement with Pro Sales Mkt, Inc. and gives Pro Sales Mkt, Inc. permission to apply any outstanding balance to the payment method provided first, until paid in full, and then proceed with the payment terms as outlined in this section below.

All new customers are required to pay a 50% deposit before production can begin on their order. The balance is charged once the order has shipped.

Terms are given at the discretion of Pro Sales Mkt, Inc. The full amount of an invoice may and can be charged to the supplied credit card on file at any point before, during, or after the order. There is a $35 service fee for each returned check.

Shipping Policy

Under normal circumstances Pro Sales Mkt, Inc. will guarantee to ship your merchandise on or before your specific deadline; however you should be aware that we will not be held responsible for delays on the part of the carrier who is delivering your merchandise. In rare instances, we may actually ship the item after the intended ship date by a faster shipping method in order to meet the intended receipt date. The additional cost for this will be at our expense. While Pro Sales Mkt, Inc. does guarantee that your goods will arrive by a certain day, we are unable to guarantee an exact time of delivery.

Polyurethane Products

Please note, no two stress balls or shapes are exactly the same because they are made by hand. The density of the polyurethane varies from item to item. Therefore, it is impossible to guarantee a consistent uniform imprint or item color. Although we feel our imprint quality is the best in the industry, a certain amount of distortion is unavoidable. We will make every effort to recommend the best layout of your ad copy for maximum quality.

Products Shown

The products shown are for demonstration purposes only. Actual product and color may vary slightly from what is displayed on your computer monitor.

Over Runs / Under Runs

Due to the nature of production and manufacturing standards, over runs and under runs may occur within a 5% - 10% range. This means that you may receive an overage or shortage on your order.

If you require a specific quantity, we strongly encourage you to order 10% more than your target quantity.

We will charge you for the quantity shipped. You will not be charged for products you do not receive.

Cancellations and Changes

Once your order is placed, it will be processed and shipped quickly. If you need to make any changes to your order, please contact us immediately. Otherwise, we may not be able to make changes before your order ships.

Once you approve the order acknowledgment and artwork approval, the order is initiated and production begins. If you require additional information or clarification, please contact your sales representative.

Cancellations are charged a $30 service fee plus any production charges accrued at the time. Production charges include, but are not limited to, art charges, paper or product proofs, setup charges, digitizing (embroidery), restocking fee (15% of item price), or shipping charges. These fees will be billed at Pro Sales Mkt, Inc discretion.

The best way to avoid cancellation fees is to be 100% confident that you want to move forward with your order. Please make your selections carefully and thoughtfully.

Returns & Claims

No returns of imprinted goods are accepted. Un-imprinted merchandise returns are subject to a 15% restocking fee and the necessary freight costs to return the product do apply. Incomplete or partial returns will not be accepted. Unauthorized returns are not accepted.

Any imprinted products returned in violation of this policy will be discarded at Pro Sales Mkt, Inc discretion.

In the case that you believe you received a product or order in error, please contact customer service within 5 working days of receipt of the merchandise. Claims made after this time will not be reviewed. Before Pro Sales Mkt, Inc. can begin to process a claim, a sampling of the goods (quantity will be determined at Pro Sales Mkt, Inc. discretion) must be provided for us to review. Pro Sales Mkt, Inc. reserves the right to take up to seven working days to process/review a claim from the date of receipt of the goods in question. Any credits, returns, or refunds will be processed within two business days after review, unless otherwise noted. Please see our payment policy for further information.

In the case of a customer error or unauthorized return (including rejected shipments), the customer is responsible for the return freight back to Pro Sales Mkt, Inc. unless otherwise noted.

Not Intended for Children or for Animals

Our products are not intended as toys for children. These products are a novelty items and our intended for promotional use only. No item should be given to small children or pet to be used as a toy.

18 Years of Age

You must be 18 years of age or older to order from Pro Sales Mkt, Inc. If you are a minor and would like to place an order, please have an adult in your household make this purchase for you.

When ordering merchandise from Pro Sales Mkt, Inc. you affirm that you are at least 18 years old and possess the legal authority to enter into a purchase agreement and to use this web site in accordance with Pro Sales Mkt, Inc. terms and conditions.

Trademarks

All the logos and trademarks are registered trademarks and logos of their respective owners and copyright holders. They are provided only as a convenience for their lawful use, and should be used only by owner of the logo or trademark, authorized agents or affiliates, with proper permission from the copyright holders.

Any customer of Pro Sales Mkt, Inc. represents and warrants to Pro Sales Mkt, Inc. that he or she has the unrestricted right to use, copy and distribute each copyright, trademark, service mark, trade name, logo, statement, graphic, artwork, name, photograph, portrait, picture or illustration of any person or any other intellectual property in the way it is to be printed on or otherwise applied to the promotional merchandise ordered by the customer. All customers must agree to defend, indemnify and hold Pro Sales Mkt, Inc. and its parent company harmless from any claims, suits or actions alleging that the promotional merchandise ordered by the customer violates or infringes upon any rights of any third party.

All customers are solely responsible for obtaining proper permissions and licenses from third parties whose rights may be violated or infringed. To use any logo, trademark or copyrighted items, a customer MUST have written permission from the owner of the logo or trademark or copyright, or be an employee or authorized agent or affiliate of the owner. A customer may NOT use any logo or other graphic material in a manner, which may infringe copyright. A customer also may NOT use any logo or trademark in a vulgar, libelous, disparaging or otherwise unlawful manner. Pro Sales Mkt, Inc. assumes no responsibility for damages or any wrong doing that the customer may cause using a logo, trademark or copyrighted items. Pro Sales Mkt, Inc. shall not be held liable for the unauthorized, improper, or illegal use of any logo or trademark or copyright that is printed on or otherwise applied to promotional merchandise ordered or purchased by the customer through Pro Sales Mkt, Inc.

Unauthorized use of trademarks and copyrights found on this web site is illegal.

Artwork and Intellectual Property Ownership

Unless otherwise arranged prior to production, all artwork and digitizing created by Pro Sales Mkt, Inc. for your order remains the property of Pro Sales Mkt, Inc. and will be maintained at our facility for our exclusive usage in executing your orders. Because our policy is to render art/digitizing/etc. services for production orders solely on a cost-recovery basis, any transfer to the client of rights to creative works and materials prepared or contracted by our personnel is subject to reasonable release fees, commensurate with the creative services rendered and at a value as determined solely by us.

Right to Refuse Service

Pro Sales Mkt, Inc. reserves the right to refuse service to anyone for any reason. Should Pro Sales Mkt, Inc. (at its own discretion) determine that an order may be fraudulent, we reserve the right to refuse or cancel any such order for any reason at any time. We enforce this policy to ensure a secure, professional and convenient online shopping environment for all of our customers.

Copyright Statement

All of the content on this web site, including, but not limited to, text, graphics, logos, button icons, images, and data, is the property of Pro Sales Mkt, Inc. or its content suppliers. All of the content is protected by the United States and International copyright laws. It is illegal for anyone to violate any of the rights provided by the copyright law to the owner of the copyright.

Copyright is secured automatically when the work is created. Copyright is a form of protection provided by the laws of the United States (title 17, U.S. Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship immediately becomes the property of the author who created the work.

Pro Sales Mkt, Inc. considers the violation of its copyright protection to be a very serious offense and will take the necessary steps to correct any illegal misuse of its proprietary content.