Terms of Service

Terms of Service

Acme Promotional Productsis absolutely committed to maintaining the highest quality products and the utmost integrity in business practices. These Terms and Conditions shall govern the purchase of all goods (Items) described in your Order.

General

The Order, inclusive of the Terms and Conditions, constitutes the entire Agreement between the parties, superseding all prior or collateral agreements, discussions and/or understandings, whether written or oral. This Agreement may only be amended in writing, signed by both parties and may only be waived by a writing signed by the party. Acceptance of this Agreement may be in counterparts, which together shall constitute one and the same instrument. This Agreement and performance hereunder shall be governed by the laws of the State of Florida, to the exclusion of the United Nations Convention on Contracts for the International Sale of Items (Vienna Convention of 1980). The exclusive jurisdiction of and venue for any disputes shall be in the State and Federal Courts in Miami-Dade County, Florida. If any provision of this Agreement shall be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remainder shall be in no way be affected or impaired.

Product Descriptions & Pricing

In regards to product descriptions, product labels, individual facts and various other informational content found throughout our website and included pages, we try our best to provide current and accurate information. If typographical errors appear on or within our website, we sincerely apologize and appreciate all help in identifying such errors so as to correct them as quickly as possible. Nonetheless, Acme Promotional Products cannot be held responsible for typographical errors and assumes no responsibility for said errors.

For our website and catalog, the MSRP is the “Manufacturer’s Suggested Retail Price.” The MSRP is understood to mean the price at which a manufacturer will recommend a retailer sell a product for in stores, on the internet, or in catalogs. The MSRP of national brand items are dictated to Acme Promotional Products by each manufacturer. For Acme Promotional Products brand items, the MSRP is calculated based on a varying percentage above the product’s base price.

Warranties & Intellectual Property Rights

Acme Promotional Products warrants that neither the items nor any underlying technology or properties violate or infringe upon the rights created under, arising out of or related to any Trademark or Patent or other intellectual property issued in favor of any third party (“Rights”), provided that Customer notifies Acme Promotional Products, in writing, of any notice or claim of which it becomes aware.

Acme Promotional Products agrees that it shall indemnify, save harmless and defend Customers from and against any and all claims that sale of any item constitutes a violation of or infringement upon any Rights. Such indemnity shall include, but not be limited to, all damages, expenses and attorney’s fees. Acme Promotional Products shall not enter into any settlement, adjustment or compromise that affects Customer’s rights or interest without Customer’s prior written approval. The parties shall provide such assistance and cooperation as reasonably requested by the other or its counsel in connection with such indemnified claim at Acme Promotional Products ‘s expense.

Duty to Correct

In addition to Acme Promotional Products’s indemnity obligations, Acme Promotional Products will, upon mutual agreement with Customer, and where commercially practicable to do so, either: (i) procure for Customer from the person(s) claiming infringement the right to use, distribute and sell the products, or any affected part thereof, or (ii) modify the allegedly infringing item to make it non-infringing, or substitute the allegedly infringing item with a non-infringing one, provided that the functionality or performance of the modified or substituted item remains substantially the same and is satisfactory, in Customer’s exclusive discretion.

Risk of Loss

Risk of loss, damage or destruction of or to any Item remains with Seller until receipt of possession thereby by Customer.

Returns

Please refer to our Refund & Returns Policy to obtain detailed information on simple return procedures.

We may require additional information or verification before accepting an order. We will contact you if additional information is required to accept and process your order. We appreciate your patience, and regret any inconvenience this may cause.

 

Terms & Conditions Regarding Online Promotions

Coupons and promo offers found on other, third-party websites may or may not be valid. Many promo offers and coupons are posted to these sites without their corresponding expiration dates, while others are simply invalid or fraudulent. Acme Promotional Products has no control over these third-party sites, and in no way can we guarantee or honor coupons or promo offers that are invalid, fraudulent or have expired. To avoid any confusion or potential frustration, please sign up for Acme Promotional Products emails to receive coupons and promo offers directly from us. Limit one promo offer per order. Online prices and offers are valid for online purchases only and may be different from those available in catalogs. We reserve the right to limit quantities available for purchase. We reserve the right to charge additional shipping on overweight orders.

Please note that we reserve the right to refuse or cancel any order for any reason. Some reasons for possible order cancellations include, but are not limited to, the following:

  • Inaccuracies in product availability status, limitations or prices
  • Restricted products or ingredients based on state, national or international regulations.
  • Credit or fraud concerns, as determined by our loss prevention group

Limit one promo offer per order. Some exclusions apply as noted on specific items and certain brands, including but not limited to:

Product prices and availability are subject to change. Promotional offers may not be applied to items already marked down (Instagram promos, email signup promos, Facebook promos, Deal of the Day discounts, buy-one-get-one-free (BOGO) offers, etc.). Customers should always refer to each specific email offer for promo offers, if applicable, and valid dates of the sale. Offers end at 11:59 pm Eastern Time on the stated expiration date.

Free standard shipping may be offered seasonally and/or in accordance with certain promotions. Orders eligible for free standard shipping will ship via the carrier of our choice. Merchandise total excludes gift certificates, delivery insurance, charitable donations and non-applicable items. Expedited orders and orders shipping outside of the 48 contiguous United States are subject to additional shipping fees.

In addition to the above, the following promotions have specific terms as stated below:

E-Mail Coupons: Single use e-Coupon will be sent via email within 48 hours of complete order shipment. May be redeemed online or by phone through the specified date in your email. Not redeemable for cash or on the same order through which it was awarded. Limit one coupon per customer during the promotion’s valid dates.

Fixed Dollar-Off Discounts: Redeemable once per customer during the promotion’s valid dates. Must meet or exceed qualifying threshold before shipping and sales taxes have been applied.

Percentage-Off Discounts: Available on orders $1,000.00 or less. Redeemable once per customer during the promotion’s valid dates. Must meet or exceed qualifying threshold before shipping and sales taxes have been applied.