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BNoticed Terms and Conditions
On-Line Catalog Accuracy
BNoticed makes every effort to maintain the most accurate and current information on this website including but not limited to product descriptions, options, lead times, images and pricing. With regard to product image and descriptions accuracy, while errors may occur, even highly accurate images and descriptions can be open to interpretation. For example, the relative size of a product can be difficult to judge from an image alone and color accuracy can vary with monitors used by site visitors. While we can provide dimensions of products and approximate PMS colors to aid in assessments, Buyers are encouraged to request samples of products as time permits to ensure products meet their specific needs as well as to verify accuracy and interpretation of product information.
It is also important to note that pricing, including product, options and services can fluctuate at any time. While most pricing updates take place at the start of each new year, pricing may be adjusted at any time and certain commodity-type products (e.g. those containing memory) are subject to routine price fluctuations. As such, BNoticed reserves the right to modify published prices of any product offered on our website at any time including unit prices, set up charges, run charges and any other associated charge. If site pricing has changed or is not accurate, we will advise you of any price updates in a your Quote or, for purchases, in your Sales Order prior to finalizing the order to confirm your desire to continue with the order or to aid you in identifying potential alternatives.
Where applicable, Buyer agrees to pay seller sales tax and other taxes (e.g. duties, tariffs, etc.) imposed on goods and services, or to provide acceptable tax exemption certificate. In the event BNoticed ships to Buyer’s overseas destination, Buyer may be subject to additional taxes and fees associated with destination’s laws and practices. While BNoticed will estimate such taxes and fees to the extent feasible, any incremental taxes and fees will be the responsibility of the Buyer.
BNoticed accepts all major credit cards including Master Card, Visa, Discover and American Express, also including PayPal. Payments are required in advance of order processing. BNoticed may, at its sole discretion, extend 30-day payment terms to established customers upon approved credit. Consult a Customer Service Representative for other payment options and terms (e.g. wire transfer, check, etc.).
Due to quality control and manufacturing requirements, some products may be subject to factory overruns or underruns of the order quantity of 5-10% (or as noted on your Sales Order Confirmation) as determined by the factory. For example, an order for 2000 pens may be overrun or underrun by 100-200 pens. BNoticed strives to limit these occurrences. We reserve the right to ship and subsequently bill or credit Buyer’s credit card or account in accordance with the actual quantity delivered.
Cancellations and/or Changes to Existing Orders
Once production has been initiated, changes or cancellations to an order cannot be guaranteed and fees may be assessed to cover any costs incurred by BNoticed or its suppliers. These costs may include but are not limited to charges associated with order processing, set up, artwork preparation, production, shipping and restocking. Buyer is responsible for all costs incurred and associated cancellation/change fees. Order cancellation requests must be received in writing. Verbal and voice mail cancellations are not accepted.
Claims, Adjustments and Returns
BNoticed values our customers and wants our customers to value our products and services. BNoticed has processes in place to ensure Customers receive high quality products and services. BNoticed utilizes suppliers who demonstrate they share the same values that we hold and our customers expect. As such, we hold ourselves and our suppliers accountable for delivering value to our customers. Buyers are advised to:
1) Immediately upon delivery to inspect packaging for evidence of damage during transit and note any such damage on the courier’s documentation.
2) Open packaging immediately upon receipt and inspect merchandise. Inspect for accuracy, shortages, defects, damages, misprints, etc. to include appearance and functionality as applicable.
Buyers must advise BNoticed at 877.300.5005 of any claim within 3 calendar days of receipt of the merchandise. After this period of time, BNoticed will be unable to process claims through suppliers. If no claim is made within 3 days, the Buyer and BNoticed will understand the order to be complete and accepted in satisfaction of the sales order and all associated terms and conditions. If a claim is submitted, Buyer may be asked to provide order number and evidence of claim (e.g. photo, sample, etc.). Return of merchandise may be required, however, BNoticed does not accept unauthorized returns. If return of merchandise is required, BNoticed will advise Buyers of a Return Material Authorization (RMA) number and return shipping address.
Bottomline: If we make a mistake or a product is damaged, call us within 5 days of receipt. We’ll fix it, exchange it or refund your money when products are returned within 15 days of delivery of claim approval.
BNoticed warrants that all goods sold are free of any security interest and will make available to Buyer all transferable warranties made to BNoticed by the manufacturer of the goods. Further, BNoticed’s website and its content is provided and made available as-is, with all faults and on an as-available basis. BNoticed makes no other express or implied warranties, and specifically makes no implied warranties of merchantability or fitness for purpose.
BNoticed is not liable for any damages, including but not limited to lost profits, lost savings, or any other incidental, indirect or consequential damages arising out of any services provided or made available to Buyer.
BNoticed strives to provide accurate estimated shipping and handling costs whenever possible on quoted products. In the event that shipping estimates are not available at the time an order is placed, BNoticed will bill shipping and handling separately. In addition, any incremental shipping costs may be billed separately if actual costs are materially different than originally estimated by the factory and as reflected on the Sales Order confirmation.
Whenever possible, BNoticed identifies Estimated Delivery Dates (EDDs) based on our supplier’s best estimate of the shipping date plus Shipping Carrier (e.g. UPS, FedEx, etc.) standard lead times based on standard ground shipping. All production and shipping lead times are in business days (excluding weekends and holidays). Neither BNoticed, nor Shipping Carrier, guarantee delivery by the Estimated Delivery Date. Buyers typically have the option to upgrade shipping (e.g. Next Day, Next Day Early Morning, etc.) if required. BNoticed is not accountable for delivery delays caused by the Shipper, acts of God or other circumstance over which BNoticed has no direct control. In particular, BNoticed cannot guarantee delivery dates of orders produced overseas due to the potential of Custom’s delays. In no case shall BNoticed be liable for any consequential or special damages arising from any delay in delivery.
Transfer of Ownership
All goods become Buyer’s property at the time they are accepted by shipping carrier.
BNoticed’s Sales Order confirmation is a conditional acceptance by BNoticed of the Buyer’s offer to purchase BNoticed’s goods. It may contain terms, which differ from or add to those contained in the Buyer’s purchase order, and to the extent that this is the case, BNoticed hereby expressly conditions its acceptance of the Buyer’s offer on the Buyer’s assent to the additional or different terms. The Buyer’s receipt and retention of the goods covered the Sales Order shall constitute acceptance of any such additional or different terms. By submitting a purchase order to BNoticed, you agree to all terms and conditions as set forth by our terms and conditions.
BNoticed or its suppliers own the title, copyright and other intellectual property rights in the content of the BNoticed.com website including the design, content, graphics, text and integration. The names and/or logos of other companies and/or products included on this website may be the trademarks or service marks of their respective owners. The depicition of any trademark(s) on this site is for illustration purposes only and shall not be construed as any endorsement by the owner of such mark(s) or an indication that they are a customer of BNoticed or its supplier(s). All such use is without intended implications of any kind pertinent to the particular trademar(s) illustrated.
In addition to respecting the copyrights and intellectual property of BNoticed, by placing an order on this site, Buyers represent that they have the right to use all logos, text, graphics, images and/or artwork submitted for imprinting on merchandise. BNoticed reserves the right, under the appropriate circumstances and at our sole discretion, to refuse to accept orders from customers who we have reason to believe are infringing upon or otherwise violating the intellectual proper rights of others.
Except as expressly provided above, nothing contained herein shall be construed as conferring on the user including through inference or implication any license or right under any patent, trademark, copyright, or other intellectual property of BNoticed, its suppliers and affiliats or any third party.
BNoticed reserve the right for BNoticed or its Suppliers to feature Buyer’s imprinted products as examples of merchandise and imprinting capabilities unless otherwise requested by the customer in writing.
The failure of BNtoiced to insist on the performance of any of the terms and conditions of this contract or to exercise any right thereunder shall not be deemed to be a waiver of such terms and conditions or rights in the future, nor shall it be deemed to be a waiver from any other term, condition or right under this contract. No terms and conditions other than those stated herein, no agreement or understanding, in any way purporting to modify these terms and conditions shall be binding on BNoticed without BNoticed’s written consent.
All prices and descriptions are subject to change without notice. If the price listed is different from the actual price, we will notify you before processing your order. All pricing shown is in US dollars. Unit price as it appears in the pricing table is for merchandise with standard imprint as identified (or blank goods as specified) and does not include required set-up charges, shipping costs, taxes, etc. In addition, pricing does not include costs associated with optional services including but not limited to imprint in additional location or additional colors, artwork services, rush production or delivery costs, optional packaging, etc. Also, for items shipped overseas, additional taxes, duties, tariffs and fees may be applicable.
Information, data, and/or screens (the "Material") from this site may not be data scraped, copied, duplicated, saved, archived, or captured by any means except that the Material may be used as part of the normal browser caching and printing performed in the course of using the site for its indended purpose.
BNoticed may, at any time, revise these terms and conditions by updating this page. Buyers are bound by any revisions and should periodically visit this page to review the current terms and conditions that apply to their use of this site. The effective date of this current revision is 27 July 2013.