TERMS AND CONDITIONS
Your use of the PlexKey.com web site (the "Site") is governed by the policies, terms, and conditions set forth below. Please read the following information carefully. By using this Site or submitting an order for products or services, you indicate your acceptance of, and agreement to be bound by, the terms and conditions set forth below. If you do not agree to these terms and conditions, please do not use this Site and please do not submit any orders for products or services.
These terms and conditions may be changed by PlexKey.com. in the future. It is your responsibility as a user to periodically return to this page to review the terms and conditions for amendments. The amended terms shall take effect automatically the day they are posted on the site. Your continued use of the PlexKey.com web site following any amendments will constitute agreement to such amendments.
CANCELLATIONS, CHANGES & RETURNS
Customized goods are not usually accompanied by guarantees, but PlexKey Promotional Marketing Group has changed that.
Our fault? It’s on us.
If we are at fault in any way, we will refund or exchange 100% of your order.
Not our fault? We’ll work with you.
We don't usually accept returns when it's not our fault, but we know mistakes happen. That's why we try to accommodate as many returns and exchanges as we can - even some that aren’t our fault.
Some orders may be eligible for returns or exchanges at our discretion if the return or exchange occurs within the first 30 days after the customer receives the package. The order must be under $1,000 (before shipping and tax) and the order must be returned or exchanged in its entirety. Shipping costs to return the merchandise are charged to the customer’s account, but in the case of an exchange, PlexKey Promotional Marketing Group covers the shipping charges for the trip back to the customer. Call us at 508-233-0546 or email your Customer Care Rep for your return authorization number to get started.
In the event of a return, all customers are relinquishing rights to said items. These items will be distributed as PlexKey.com sees fit. This includes donations, internal distribution, and giveaways.
Accepted only with prior written approval from PlexKey Promotional Marketing Group.
No cancellations will be accepted if order is in process.
Any costs incurred by Seller prior to acceptance of cancellation will be invoiced.
Changes to orders (prior to production) will usually require an extra cost.
PRICES & AVAILABILITY
Because of the fast-moving nature of our industry, prices and availability are subject to change without notice. If a product is not in stock when you place your order (for example, not yet available or sold out), we will do our best to let you know and to let you know when we anticipate the product will be available. Anticipated delivery dates are dependent upon vendor supplies and other factors and are subject to change.
PRODUCTS & COLORS
PlexKey Promotional Marketing Group MANUFACTURES CUSTOMIZED PRODUCTS AND ITEMS INTENDED FOR PROMOTIONAL AND ADVERTISING PURPOSES(“THE PRODUCT”). SERVICES INCLUDED BUT NOT LIMITED TO MANUFACTURE OF CUSTOMIZED TANGIBLE GOODS FEATURING CLIENT’S PERSONALISATION REQUEST: IMPRINT, ENGRAVING CUSTOMER LOGO, TRADEMARK OR ANY OTHER REQUEST PROVIDED BY THE CLIENT (THE “ARTWORK”) OR ANY OTHER CUSTOM REQUEST FOR A PRODUCT MADE BY THE CLIENT. NOTE THAT THE PRODUCTS WE CARRY ARE INTENDED PURELY AS PROMOTIONAL ITEMS; THEREFORE, PRODUCTS THAT MAY HAVE MINOR VISUAL IMPERFECTIONS SHOULD NOT BE CONSIDERED AS DEFECTIVE OR FLAWED ITEMS. IN THE EVENT A ‘PRODUCT’ DEFECT IS IDENTIFIED, WE WILL REPLACE THE ORDER IN ITS ENTIRETY ONLY UPON ENDORSEMENT OF THE DEFECT BY THE MANUFACTURER OF THE PRODUCT. LIKEWISE, IF AN IMPRINT DEFECT IS IDENTIFIED, WE WILL REPLACE THAT PORTION OF THE ORDER ONLY UPON CONFIRMATION OF THE DEFECT.
DUE TO THE NATURE OF THE PRODUCTION PROCESS, SLIGHT VARIATIONS AND IMPERFECTIONS IN CERAMIC AND GLASS WARES ARE NOT CONSIDERED FLAWS. VARIATIONS IN RAW MATERIALS, GLAZES, PRODUCTION EQUIPMENT AND FIRING TEMPERATURES MAY ALSO RESULT IN VARIATIONS OF SIZE, SHAPE, GLAZE, COLOR, POCK MARKS, ETC. THESE CONDITIONS ARE WITHIN ACCEPTABLE INDUSTRY STANDARDS.
PlexKey Promotional Marketing Group cannot guarantee exact shade, color, size, texture, or construction of finished goods as they vary from lot to lot. Customer may check actual product prior to ordering if this is a concern or issue. Exact duplication of colors including PMS (pantone matching system) colors is not always possible, PlexKey Promotional Marketing Group will match the colors as closely as possible.
OVERRUN & UNDERRUN
In certain instances you may receive an overage or a shortage on your order. Due to manufacturing quality and production standards there will be overruns and occasionally underruns. PlexKey.com will do everything possible to reduce this occurrence. The industry standard on most products is +/- 10%. For instance, if you order 1000 mugs, you could potentially receive between 900 and 1100 mugs. Exceptions to the above are paper and plastic bags. which may vary +/- 25%. We will bill either your account or credit card only for the actual quantity shipped.
Customer assumes complete responsibility for artwork and warrants that they have the right to use the marks, symbols, or designs depicted in the artwork. PlexKey Promotional Marketing Group relies on the customer’s representation that they are authorized to utilize any copy or marks and Customer holds PlexKey Promotional Marketing Group harmless and will indemnify PlexKey Promotional Marketing Group for any and all claims resulting from printing, embroidery or other embellishments performed for customer by PlexKey Promotional Marketing Group.
Title to the goods shall pass to Customer upon delivery to customer or common freight carrier at the shipping point. PlexKey Promotional Marketing Group is not responsible for delays, lost goods or damages caused by the freight carrier but will assist in tracking shipments. Shipping dates are estimated and not guaranteed.
In the event PlexKey Promotional Marketing Group shall be unable or fail at any time to make or supply the goods ordered due to any condition, contingency, delay, failure or cause beyond the control of the PlexKey Promotional Marketing Group and whether or not any such contingency is presently occurring, PlexKey Promotional Marketing Group SHALL NOT BE LIABLE TO BUYER FOR FAILURE TO SUPPLY DURING THE PERIOD AND TO THE EXTENT OF SUCH DISABILITY INCLUDING SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING PROFITS OR PROFITS LOST).
LIMITATION OF LIABILITY
In no event shall PlexKey Promotional Marketing Group be liable to Customer for any amount greater than the amount paid to PlexKey Promotional Marketing Group to provide goods or services.
All transactions are subject to and governed by the laws of the State of Massachusetts.
TYPOGRAPHIC, PHOTOGRAPHIC & TECHNICAL ERRORS
Although we do our best to achieve 100% accuracy, occasionally errors & inaccuracies do occur. Should you encounter an error or inaccuracy, please inform us so it can be corrected. Products & packaging depicted may differ from stock available at time of shipment. We reserve the right to substitute equivalent items.
WARRANTY DISCLAIMER AND LIMITATION ON LIABILITY
PlexKey.com passes through to its customers all manufacturers warranties and guarantees that are provided for the products it sells. PlexKey.com makes no additional or independent warranties. To the full extent permissible by applicable law, PlexKey.com disclaims all warranties, Express or Implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
PlexKey.com shall under no circumstances be liable for special, incidental, consequential (including lost profits or opportunities) or punitive damages, even if it has been advised of the possibility of such damages. The maximum liability of PlexKey.com for all damages shall be limited to an amount not to exceed the purchase price of the product. Likewise, PlexKey.com will not be liable for any damages of any kind arising from the sue of its catalog or web site, including but not limited to direct, indirect, incidental, punitive and consequential damages. PlexKey.com makes no warranty as to the performance of any merchandise sold. We are not responsible for system downtime, lost data, etc. This disclaimer by PlexKey.com in no way affects the terms of any applicable manufacturers’ warranties or guarantees. PlexKey.com will provide copies of such warranties and guarantees upon request by calling 1-877-368-5678. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights and remedies that vary from state to state.
SITE DISCLAIMER AND LIMITATIONS OF LIABILITY
This site, including any content or information contained within it or any site-related service, or any product or service licensed or purchased through the site, is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or non infringement or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement. You acknowledge that any warranty that is provided in connection with any of the products or services described herein is provided solely by the owner, advertiser, manufacturer or supplier of that product and/or service, and not by PlexKey.com. PlexKey.com does not warrant that your access to the site and/or related services will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available is free of viruses or other harmful components. PlexKey.com does not warrant or make any representations regarding the use or the results of the use of any product purchased in terms of its compatibility, correctness, accuracy, reliability or otherwise. You assume total responsibility and risk for your use of this site and site-related services.
You agree that, except as provided under the PlexKey.com return policy, PlexKey.com and its directors, officers, employees, agents, sponsors, consultants or other representatives ("service providers") shall not be responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages (including without limitation loss of profits, loss or corruption of data, loss of goodwill. work stoppage, computer failure or malfunction, or interruption of business) under any contract, negligence, strict liability or other theory arising out of or relating in any way to the site, site-related services, or any products or services offered, sold or displayed on PlexKey.com site.
If the foregoing limitation is held to be unenforceable, the maximum liability of PlexKey.com and its service providers to you shall not exceed the amount of fees paid by you for the products or services you have ordered through the site. Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so the above limitations and exclusions may not apply to you to the extent such jurisdiction's law is applicable to this agreement.
Any claims against PlexKey.com relating in any way to your purchases from PlexKey.com shall be submitted to confidential arbitration in Boston, Massachusetts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. In any such arbitration, the parties shall be responsible for their own costs, expenses and attorney's fees. [This clause can be made more specific concerning the method and manner of dispute resolution.] In the event that this arbitration provision is unenforceable, any litigation regarding this agreement or any transaction between the customer and PlexKey.com shall be brought in the state or federal courts located in Boston, Massachusetts, and the customer hereby agrees and submits to such jurisdiction and venue as exclusive and proper.
Transactions between you and PlexKey.com, and any disputes arising between you and PlexKey.com related to any interaction between you and PlexKey.com, including but not limited to claims relating to the content of its catalogs and Web site, shall be governed by and construed in accordance with the laws of the State of Massachusetts without regard to the laws regarding conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed sever-able from this agreement and shall not affect the validity and enforce-ability of any remaining provisions.
Title - Risk of Loss
Title to items being purchased passes from PlexKey.com to purchaser at the time of shipping. Customer takes on full liability for safety and validity of delivery address given to us at the time of purchase. PlexKey.com will not incur any forwarding costs on shipments. PlexKey.com shall not be responsible for damages or delays resulting from Acts of God, war, riot, seizure, terrorist activities, embargo or other acts or events outside of the reasonable control of PlexKey.com.
PlexKey.com policies are subject to change without notice. We do our best to ship all orders as rapidly and accurately as possible; however, PlexKey.com is not liable for late or delayed shipments or system failures. Title to items being purchased passes from PlexKey.com to purchaser at the time of shipping. If you purchase items for export, you must obtain from the Federal government certain export documentation. Terms of PlexKey.com's agreements with numerous vendors in the catalog forbid us from exporting product. Some products are not available for sale to schools. All trademarks and registered trademarks are used to benefit of their respective owners.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed sever-able from this agreement and shall not affect the validity and enforce ability of any remaining provisions. This agreement constitutes the entire agreement between the parties relating to the subject matter herein and cannot be modified except in a written agreement signed by both parties. Any heading, caption, or paragraph title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof.
PlexKey Promotional Marketing Group reserves the right to refuse any order that may transmit any offensive, harmful, unlawful, threatening, libelous, defamatory, obscene, abusive, hateful, inflammatory, discriminatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate the law.