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Terms of Sale

TERMS OF SALE

READ THE FOLLOWING TERMS OF SALE CAREFULLY BEFORE ORDERING. All orders placed with The Product of Design are subject to the following terms and conditions and other applicable law.

General Disclaimer

The Product of Design cannot be liable for delays in delivery or product availability due to customs, shipping or natural disasters. The Product of Design reserves the right to make minor changes to product design over time to improve quality or performance.

Authorization & Indemnification

By placing an order with The Product of Design, you represent and warrant that you have the authority to order, purchase and /or distribute merchandise containing the names, trademarks, logos, copyrights, etc. identified and/or submitted with your order. You also agree to indemnify, defend and hold harmless The Product of Design, its affiliates and representatives, from and against all claims, liabilities and expenses (including attorney fees), arising out of or related to an actual or alleged infringement or misappropriation of any trademark, copyright or any other proprietary right of such merchandise. You also agree to be responsible to provide appropriate legal lines to The Product of Design for inclusion in the art. This provision will remain in effect after delivery of your order.

Intellectual Property

General products on our catalog may be patented, have patents pending or be subject to various copyright and or property rights of The Product of Design and or it’s owners and principals. These products may NOT be reproduced in any way, (in whole or in part), without written permission from The Product of Design. Imprints, logos or trademarks displayed on products on this site are solely for the purpose of showing imprinting capabilities on these products. They are not intended to reflect or imply endorsement of the products by the companies the imprints represent and are not available for sale to anyone other than the parties authorized by the owner of such designs. The Product of Design does not endorse any goods, services, companies, manufactures of their agents and representatives.

Ordering

To ensure that your order will be processed as quickly as possible and to ensure that all ship dates will be met, please be detailed and specific on your purchase orders and include the following:


  • Provide our item number, quantity, imprint color(s) and location.
  • Advise of any required in-hand date for your order
  • Provide complete shipping information, and any other information relative to your order: special packaging, labeling, additional imprint services.
  • Advise preferred delivery dates and method. Include key “routing” instructions, lift-gate requirements etc.
  • Submit Hi-Res digital art for logos in vector format (EPS or AI) with fonts converted to outline or for images in 300dpi raster images files (TIF or PSD) color corrected.

On reorders please reference your previous order. New set up charges will be required for items being reordered beyond 18 months of last order. Also specify if there will be color or copy changes.

We cannot guarantee availability of exact matches of product color or base materials as items produced between lots may have variations. These variations are within industry standard and therefore must be considered acceptable.

Pricing

Prices are subject to change without notice. All quotes will be honored for 30 days unless otherwise noted.

Typographical Errors

In the event that a The Product of Design product is mistakenly listed at an incorrect price, The Product of Design reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. The Product of Design 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, The Product of Design shall issue a credit to your credit card account in the amount of the incorrect price.

Shipping

All shipments will be sent prepaid unless otherwise specified. Freight estimates given by The Product of Design are not guaranteed and are subject to change without notice as rates can fluctuate. Please state if you wish to use a specific carrier when ordering or The Product of Design will select the most efficient house carrier. Title for goods passes to the buyer at F.O.B. point. All goods are shipped at the buyer´s risk and all claims must be made with the freight carrier, normally within 14 days of receipt of merchandise. We do not ensure on–time delivery or safe carriage of goods. Recourse rests exclusively with the transportation company. No adjustments will be given for any delayed or damaged shipments or for any other reason beyond The Product of Design’s control. No C.O.D., Parcel Post, or Priority Mail shipments.

CPSIA & California Proposition 65 Compliance


The Product of Design is committed to upholding the highest safety standards for its products. The Product of Design requires all products purchased to meet our design specifications which are reviewed and revised as necessary. In short, samples of any products intended for use by children under the age of 12 are tested by 3rd party laboratories for compliance with CPSIA and products are reviewed to determine if they require labeling under Prop 65. In an abundance of caution, items that cannot be verified to meet all the strict requirements of Prop 65 will be labeled with Prop 65 warning label.


Indemnification

You agree to indemnify, defend, and hold harmless The Product of Design, 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.