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Introduction
These Terms and Conditions including the Privacy Policy and Return Policy which are incorporated by reference as if fully set forth herein shall be legally binding on all customers who access HalfPriceBanners.com ("Our Website") or otherwise engage in a "Transaction" with us as that term is defined below and shall inure to the benefit of HalfPriceBanners.com, Inc. ("Company") and Company's successors and assigns AND SUPERSEDE AND REPLACE ANY INCONSISTENT STATEMENT IN ANY OF OUR MATERIALS, ADVERTISEMENTS OR WEBSITES.
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Definitions
The terms "you" and "your" refer to the person or entity ordering product(s) from the Company, as well as accessing or using Our Websites and providing us with your personal information (collectively hereinafter referred to as “Transaction”).
"We", "our", and "us" refer to Company (through any of its divisions or affiliates) and its employees, agents, members, owners, directors, officers, successors and assigns.
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100% Satisfaction Guarantee
We are proud to offer a 100% Satisfaction Guarantee. Our production process includes our Free Design Services, which includes providing you with a proof. To ensure your 100% satisfaction, we do not produce your order until your proof is approved.
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90 Day Warranty
We provide a 90 warranty on all our Standard 13 oz, Heavy Duty 18 oz and Mesh Vinyl Banners. If we determine that a banner has a manufacturing error, we will quickly reprint and ship your product, provide a credit equal to the purchase price of the damaged items or issue a full refund of the purchase price of defective/broken product(s). For more information regarding our 90 Day Warranty, please review our Return Policy.
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Lowest Price Guarantee
If you find a lower price for the same order from any of our online national competitors within seven (7) days of placing your order with us, we will match our competitors price. To qualify, the order must be the same material, quality, size and finishing and you must include written documentation of such competitor's offer.
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Free Design Services
100% of orders submitted through Our Website have their layouts reviewed for FREE by one of our designers. Once reviewed, we will share a digital proof with you by sending you an email with a link to your proof on Our Website. Please take time to review the proof and provide feedback to our designers regarding any misspellings, mistakes or design changes. After receiving any feedback, our designers will share a new digital proof with you.
Once you are satisfied with your proof, please accept the proof by accepting it (A) on Our Website and/or (B) via email. Approvals are not accepted via telephone.
If you do not approve your proof within two weeks, we will cancel your order and refund your order.
Once you have approved a proof, we are no longer liable for any misspelling or mistakes. Any additional change requests after this point may include additional costs and, in some cases, may not be possible without producing an additional order at your expense.
In some cases, you may request additional design services (like hard copy proofs) that are in excess to our normal free design services. In those instances, we will make you aware of additional design charges that may be necessary. All additional design work must be approved by you in advance. If you would like additional information regarding additional design services please speak with your Designer.
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Production Timing
Standard orders approved before 3:00pm CST (Mon-Fri) will be sent to production the same day (excluding holidays). Standard orders approved after 3:00pm CST (Mon-Fri) will be sent to production the following business day (excluding holidays and weekends). Non-standard orders (Large Format, Fabric, Flags, Table Throws or orders over 300 square feet) must be approved by 1:00pm CST to be sent to production the same day (excluding holidays). Some large orders or special requests may require additional time in production.
If you have a tight deadline, we provide rush handling and services for an additional fee. Please call Customer Service at (866) 527-1363 to discuss your deadlines.
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Refunds
Orders cancelled prior to proof approval are entitled to a full refund. Refunds will be processed within three (3) business days of your cancellation. Please review our Return Policy for additional information.
If you requested, and we performed, any additional services which included additional charges prior to your cancellation, these costs will be deducted from your refund.
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Color Matching
We use standard industry software for designing and printing purposes. We do not guarantee any color matching or exact color print without you requesting our Color Match Services prior to proof approval. Color Match Services are not available on all products and may require additional costs. If you are interested in using our Color Match Services please call Customer Service at (866) 527-1363 and make a note in the order comments box and provide a Solid Coated Pantone color.
Otherwise, slight color variations are possible and should be considered as acceptable and will not be considered a production mistake and will not be eligible for refund or return or re production. We use best judgment to match color but if you need to visually match color, we recommend ordering sample product by calling Customer Service at (866) 527-1363 and requesting our Color Match Service.
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Shipping
Unless otherwise noted, all our products are shipped from our Kansas and Missouri facilities in the United States.
If you have a deadline, you may request expedited shipping by calling Customer Service at (866) 527-1363. Expedited handling may require additional fees.
The turnaround maps on Our Website show the estimated time from proof approval to delivery with Ground Shipping. These dates are indicative dates only and are based on production ready orders and don't include any public holidays or shipping delays. Any shipping delays need to be directly addressed with the shipping company.
Our orders are shipped using UPS. Shipping prices are determined by the weight of the package and the destination. Additional shipping charges apply to large orders and over-sized packages. Due to UPS shipping restrictions, some banners will need to be folded for shipping. UPS will not provide shipping refunds for packages delayed due to weather or if banners larger than 5’ tall are delayed. If you have questions about your shipping, please by call Customer Service at (866) 527-1363.
Please note that UPS does not deliver ground packages on Saturday or Sunday. If you need a package delivered on Saturday, please contact Customer Service at (866) 527-1363 for more information. If you are located outside of the Continental United States, please contact Customer Service at (866) 527-1363 for a custom shipping quote.
If your package is lost and the shipping company confirms the loss, we will replace your order free of charge. This can take up to eight (8) business days after the initial lost order inquiry with us. If UPS, or any other shipping company, has a delay in the delivery of your package we will not be liable and will not refund the order. If you believe your package is lost, please contact Customer Service at (866) 527-1363 as soon as possible.
Free UPS Ground shipping for orders over $99 applies only to standard sizes (2'x2' to 5'x30) of Standard 13 oz Vinyl Banners, 18 oz Heavy Duty Vinyl Banners, and 9 oz Mesh Vinyl Banners. Subtotal must be $99 or greater before discount. We cannot apply free shipping to XL Banners or other products
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Damaged Packages
If you receive merchandise that is defective or damaged, please notify us immediately by calling Customer Service at (866) 527-1363. If we determine, in our sole discretion, that we are at fault, we will replace your order and ship it back to you free of charge.
Please review our Return Policy for additional information.
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Insurance
Standard packages are insured by the shipping company up to $100. For orders over $500, the Company will pay to insure your package. If your order is damaged in shipping, damaged goods must be returned before we supply a replacement product. We will file a claim with the shipping company and a solution may take up to eight (8) business days to resolve.
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Returns
Orders cancelled prior to proof approval are entitled to full refund (not including charges for extra design work or hard copy proofs requested by the customer). Please review our Return Policy for additional information.
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Copyrights
By using Our Website, you agree and acknowledge that you are the legal owner and/or licensee of ALL submitted artwork. You also relinquish us of any legal liability related to copyright violation and/or infringement. You assume sole responsibility and liability of ALL forms of submitted artwork to Our Website. You will retain ownership of the content uploaded or sent to us.
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Limitations on Promotions
Promotions and coupons are only redeemable once per customer per Transaction and may not be combined. Once a promotion or coupon has expired, it is no longer valid.
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Electronic Communication and Signature
You consent to receive communications electronically from the Company. Specifically, you agree and consent to be contacted by us, our agents, employees, and affiliates using email, instant messaging or live chat, and/or telephone calls and/or SMS/MMS text messages to your cellular, home or work numbers, as well as any other telephone number you have provided to us, including the use of automatic telephone dialing systems, autodialers, or an artificial or prerecorded voice. You may unsubscribe to our marketing emails at any time, however, you may not opt out of Transaction related emails. Telephone conversations with our employees, agents and independent contractors may be monitored and/or recorded.
If you have provided us an email address, you agree that any notices required by applicable federal or state law may be delivered electronically, to the extent permitted by law. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. For purposes of a Transaction, you agree that by clicking on or selecting a button or icon on Our Website, relating to any agreement, acknowledgment, consent, terms, disclosures or these terms and conditions, such selection constitutes your signature, acceptance and agreement as if actually signed by you in writing.
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Limitation of Liability
BY AGREEING TO THESE TERMS AND CONDITIONS AND/OR ENGAGING IN A TRANSACTION WITH US, YOU AGREE AND UNDERSTAND THAT THE LEGAL LIMIT OF OUR LIABILITY TO YOU FOR ANY CLAIM, LAWSUIT, ACTION, DISPUTE, CONTROVERSY OR OTHER MATTER YOU MAY ASSERT AGAINST US FOR LOST, DAMAGED, OR DESTROYED MERCHANDISE SHALL NOT EXCEED THE AMOUNT PAID FOR THE ORDER. YOU AGREE AND UNDERSTAND THAT WE WILL NOT BE LIABLE FOR (A) ANY MONETARY, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE, OR OTHER SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST INCOME, REVENUE, PROFIT OR OPPORTUNITY, WHETHER OR NOT FORESEEABLE AND HOWEVER ARISING AND WHETHER BASED IN CONTRACT, EQUITY, TORT, STATUTE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY; OR (B) CLAIMS, DEMANDS, OR ACTIONS FOR ANY SUBROGATION CLAIM BROUGHT BY YOUR INSURANCE CARRIER, AND YOU EXPRESSLY AND SPECIFICALLY WAIVE ANY SUBROGATION CLAIM ON YOUR BEHALF AS WELL AS ON BEHALF OF YOUR INSURANCE CARRIER. WE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, THAT ARE NOT EXPRESSLY STATED HEREIN. EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE DISCLAIM ALL, AND WILL NOT HAVE NOR ASSUME ANY LIABILITY, WHETHER ARISING IN CONNECTION WITH A TRANSACTION, THE USE OF OUR SERVICE, OUR WEBSITE(S) OR ANY MATERIALS PROVIDED BY US, THE LOSS OF ANY MERCHANDISE, OR FOR ANY OTHER REASON, INCLUDING, WITHOUT LIMITATION, OUR OWN INTENTIONAL, ACCIDENTAL OR NEGLIGENT ACTS OR OMISSIONS.
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Indemnification
You agree to and will indemnify, defend and hold us harmless from and against any and all claims, lawsuits, investigations, disputes, controversies, judgments, liabilities, obligations and damages relating to or arising out of any (A) Transactions with us, (B) any noncompliance with these Terms and Conditions, or (C) ownership or licensing issues with ANY submitted artwork.
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Miscellaneous
Any time frame set forth above may be extended in our discretion with or without notice to you in the event that we encounter technical difficulties concerning Our Website or otherwise, or encounter any other delays attributable to acts of God, including but not limited to fires, hurricanes, and other weather events.
Headings in these Terms and Conditions are for convenience only and shall not be used to interpret or construe the same. The invalidity, in whole or in part, of any provision of these Terms and Conditions shall not affect the validity of the remainder of the provisions of the Terms and Conditions.
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Governing Law
All transactions and services with Company shall be deemed to occur in the State of Kansas and be regulated thereby, regardless of where you may reside, be situated or access Our Website. The Transactions, services and all claims or causes of actions shall be governed, construed and enforced in accordance with Kansas law and applicable federal law, in accordance with the laws of the State of Kansas without reference to or application of Kansas’ conflict of law principles.
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Waiver of Jury Trial; Choice of Forum
IF ANY CLAIM, ACTION OR LAWSUIT ARISES BETWEEN YOU AND THE COMPANY, YOU EXPRESSLY (A) WAIVE YOUR RIGHT TO A JURY TRIAL; AND (B) CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF EITHER THE STATE OR FEDERAL COURTS LOCATED IN KANSAS CITY, KANSAS and you expressly agree that any such Court has personal jurisdiction over you. You waive all defenses of lack of personal jurisdiction and forum non-conveniens.
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Observed Holidays
We observe the following holidays annually – New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day After Thanksgiving, Christmas Eve, Christmas Day and New Year’s Eve.
Company reserves the right to modify, alter or update these terms at any time. Such modifications shall be effective immediately upon posting. By continuing to use Our Website after we have posted such modifications or updates, you agree to be bound by the terms as revised.
Revised November 20th, 2017