Your submittal of an online order and/or your agreement/offer to purchase products and services provided by Eclipse Marketing, CustomPrintedFans.com, FanPrinter.com, CataliDesigns.com, Cat805.com and CustomWineBags.com (herein referred to as EMG, We, Us and Our) is a conditional acceptance of Our Terms and Conditions. It may contain terms that differ from or add to those contained in your purchase order, should you have one, and to the extent that this is the case, you hereby expressly assent to Our additional or different terms. Your receipt and retention of the goods covered by this agreement shall also constitute acceptance of any such additional or different terms. You and EMG agree that any contract hereby entered into has been made and is to be construed to California State Law.
In all cases where we have a check returned for insufficient Funds we will assess a $75.00 fee. Each declined credit card charge will be subject to a $10 processing fee.
Factory shipment and delivery dates are the best estimates of our suppliers, and in no case shall We be liable for any consequential or special damages arising from any delay in delivery. We make every effort to ship your products to your desired destination in the most economical way possible given your specified date and production limitations. The most economical means of transportation is typically UPS Ground. In some cases where product is extremely heavy, another common carrier may be used.
All orders are shipped FOB (freight on board) from the factory. This means that you own the merchandise from that point on. Customer agrees that We cannot be held responsible for goods lost or delayed by the carrier, international or US Customs departments or by 'acts of God'. Carrier tracking numbers are available the business day after your order ships. We will typically notify you with tracking information within 24 to 48 hours of shipment or you can contact us for the shipper tracking number. If you have any questions or problems, please call customer care toll-free at 800-680-0378.
We are able to ship to most locations in the US and abroad although individual carriers have restrictions regarding PO and APO boxes.
All orders will be shipped using the factory's shipper account and billed to you at published rates for that carrier. If you prefer to use your own account, in most cases, we can accommodate your request depending on where the product is shipping from. Please provide us with the carrier name and your account number either via email or in the 'additional instructions' section of the order form. If you choose to use your own account, you will be solely responsible for the insuring of your shipment. If your shipment is damaged or lost in transit, you will be responsible for the full invoiced amount of the items. Please note that some of our factories charge for uising a 3rd party account number to cover additional processing fees.
Saturday Deliveries are generally not available.
Because We ship our products from a network factories around the country and abroad, orders placed on the same day may arrive at different times. If you have unique needs regarding arrival of products, please be sure to notify us of those needs.
Do you have a trade show in San Francisco and a sales meeting in New York? Just let us knopw that you need your order sent to multiple locations at the time of order. A Customer Care Representative will call you or send you an email in order to obtain the details. We require that at least one full carton of product is shipped to each location. Freight will be billed individually for each shipment on your final invoice and a handling charge of $15.00 for each additional location may be added depending on which factory the product ships from.
A documentation fee of $25 will be charged in order to cover the added expenses involved with processing the paperwork for international orders.
Unless otherwise specified, most international shipments will be sent using UPS or FedEx International service. If you require faster delivery, please let us know upon ordering so that we can arrange to send your merchandise by your preferred method or carrier. We work with customers all over the globe and ships to most countries outside the U.S. International customers should be aware that due to factors beyond our control such as customs clearance and national and international regulations regarding importing, delivery times for international shipments can not be guaranteed. We will do everything in our power to get your order SHIPPED on time but we will not accept responsibility for delays on overseas shipments provided your order leaves the factory in a timely manner. You own the merchandise when it leaves the factory. Duty, Taxes and Fees - your invoice will not include duty, taxes, brokerage fees or other charges relating to your international shipment and may be payable upon delivery by the carrier or the Carrier may invoice you separately.
Customer agrees that it will not hold Us accountable for delays in delivery occasioned circumstances over which we have no direct control, such as acts of God, customs and carrier delays and losses, etc. Factory shipment or delivery dates are the best estimates of our suppliers, and in no case shall We be liable for any consequential or special damages arising from any delay in delivery.
We warrant that all goods sold are free of any security interest and will make available to you all transferable warranties made to Us by the manufacturer of the goods. We make no other express or implied warranties, and specifically makes no implied warranties of merchantability or fitness for purpose.
Please note that we highly encourage you to take the opportunity to order a sample of the actual product before you place your order. Once a product has been printed it cannot be returned for a refund. It is important that you understand that materials, colors and print processes can change from one order to the next and the samples are only representative in nature. While we are very careful about the suppliers and manufacturers we use, product, material and print variations are unavoidable and a natural result of the manufacturing process. Unfortunately, we have no control over this and our suppliers are under no obligation to inform us of any changes they make to the products they manufacture. By choosing to place and order with Us, you are agreeing to accept merchandise and re-orders with manufacturing and printing variances in product material and color, packaging, and imprint placement and color. We make the best effort to provide accurate descriptions and clear and color-correct product images on our site that best reflect the true nature of the products. However, web site images are inherently limited in their ability to communicate color, scale, and detail. We want to remind customers to be careful about making assumptions about products from the product information and site image alone. We strongly urge our customers to order actual samples. If you choose not to evaluate a physical sample, we cannot be held responsible for the difference between the product descrption and image as it appears on your monitor and the final product.
Many of our decoration methods allow for the opportunity to closely match the imprint color to a specific requirement. Customers who require specific color matching must request this in writing and provide us with the Pantone PMS color. PMS stands for Pantone Matching System ®. We have an online pantone color chart that you can use to compare colors relative to themselves. Where PMS matching is available, there may be an additional charge per color for this service as inks need to be carefully blended to achieve a close match to your color. PMS color matches are not possible for digital full color / 4 color process printing.
Be aware that the color you see on the screen will surely be different when viewed in person. The colors on monitors, tablets and cell phones or cameras and some scanners are created using RGB color mode. It is possible to see colors in RGB that can not be created in CMYK or PMS; therefore, what you see on a screen may be different and not as vibrant as the the actual printed product. Also, all monitors are different and colors on one monitor may view differently on another. There is no guarantee of a color match since the conversion between color modes will often result in a very different color.
If your artwork is to be embroidered, we will select a thread which most closely matches your PMS color and you will have the opportunity to see this choice when you approve your "sew-out." Exact color matches can not be guaranteed. We can not be held responsible for formatting errors in customer supplied artwork.
- For artwork created by us: You will receive a proof via email for your review and approval prior to printing. Please note that proofs are for layout purposes only and are not for color proofing. Be sure to review all of your proofs carefully and, if possible, ask more than one person to proof them as well. Changes, cancellations or revisions after your artwork has been approved or after your order has been sent to production will be subject to additional charges that may include graphic design service charges, artwork change fees and possible rush production charges and/or expedited shipping. Please note that proofs are not to scale and are for layout purposes only and not color proofing, as colors can appear different on different monitors.
- For print ready artwork supplied by customer: Please note that we cannot be held responsible for artwork formatting errors. We print your supplied artwork "as is". Proofs are not to scale and are for layout purposes only, not color proofing, as colors can appear different on different monitors. Changes, cancellations or revisions after your order has been sent to the factory will be subject to additional charges, including (but not limietd to) art fees and possible rush production charges and expedited shipping.
Artwork is kept on file for 2 years and then deleted from our system. Therefore, if you have a re-order and it has been longer than 2 years since your last order, changes are that we will no longer have your artwork on file. It is important that you understand that materials, colors and print processes can change from one order to the next. While we are very careful about the suppliers and manufacturers we use, product, material and print variations are unavoidable and a natural result of the manufacturing process. Unfortunately, we have no control over this and our suppliers are under no obligation to inform us of any changes they make to the products they manufacture.
All goods become your property at the time they are accepted by the carrier/leave the factory.
We are required by law to collect all applicable state and local taxes for services and goods shipped to California. Customers in other states and countires may be required to remit use taxes. Please consult your tax advisor. Companies, individuals and organizations who are exempt from sales tax should provide us with a copy of their resale certificate by fax to 888-503-0637.
All cancellations and changes are subject to approval by the factory and customer will be responsible for the cost of all work performed by Us and the factory up to the point of cancellation / change request. Once an order has been submitted to the factory for production, we cannot guarantee our ability to make changes or cancellations. We will make every effort to comply with your change/cancellation request. There will be a minimum charge of $50.00 per change request to cover order entry and processing. Additional charges and fees may include, but are not limited to, product samples supplied to customer, file downloads relating to order, graphic design services, factory cancellation/change fees, factory art department fees, factory rush production fees, factory set up fees, factory restocking fees, shipping etc. All completed work and costs incurred will be the responsibility of the customer. Should you choose to cancel your order, you will be invoiced or your credit card will be charged for the costs incurred for all work performed by Us and the factory up to the point of cancellation. If a customer requests to cancel his or her order and credit card payment has been made than we will refund your card less the cost for charges incurred up to that point. Due to the fact that these charges include charges from the factory, it may take up to 45 days for the processing of your refund, depending on when we receive the final invoice from the factory.
If you have any problems with your order please contact customer service at 800-680-0378 within 5 days of receipt of merchandise. We advise opening all of your packages immediately upon receipt to review your products. After this time we will be unable to go back to our suppliers for resolution. Please have your order number available. WE DO NOT ACCEPT UNAUTHORIZED RETURNS. If any problem arises, please call customer service immediately. If necessary we will issue an RMA number (Return Material Authorization) and provide you with a special shipping address. Please note that we can not be held responsible for print quality issues resulting in formatting errors of customer supplied artwork.
We try to produce your order in the exact quantity ordered, but this is not always possible due to quality control efforts and fast running machines. We reserve the right to ship and subsequently bill or credit, your charge card or account, for up to 5% over or under the desired quantity.
Payments can be made via PayPal for an upcharge of 3% of the total order about. So if the total order amount is $100, your PayPal invoice will be for $103.
Rush orders, by their very nature, will not allow time for a proof from the factory. Therefore, we cannot be responsible for art discrepancies.
While we make the best effort to keep our site up to date, from time to time actual market conditions may change the price of a product. We reserve the right to change prices on the site at anytime. If a site price is incorrect on an item that you ordered, we will contact you immediately with the most updated price or help you choose a different item that is within your budget.
We do not make guarantees of stock availability and can not hold/reserve stock. In cases where items or colors you wish to order are out of stock, we will do our best to present to you a comparable item to take it's place.
Site Images and Product Information
We make the best effort to provide accurate descriptions and clear and color-correct product images on our site that best reflect the true nature of the products. However, web site images are inherently limited in their ability to communicate color, scale, and detail. We want to remind customers to be careful about making assumptions about products from the product information and site image alone. We strongly urge our customers to order actual samples. If you choose not to evaluate a physical sample, we cannot be held responsible for the difference between the product descrption and image as it appears on your monitor and the final product.