This agreement (referred to herein as "Agreement") is made between BrandNex.com (sometimes referred to interchangeably on this Website and herein as "Company" "BrandNex", "BrandNex.com", "we", or "us"), a Texas limited liability company and the user of this Website. The aforementioned "user of this website" refers to any individual or entity viewing, browsing, or purchasing from this Website in his, her, or its capacity as an agent, representative, or principle on behalf of some other individual or entity (sometimes referred to herein as "User" "Customer" or "you"). User accepts and enters into the terms of this Agreement by any instance of use of this Website; that is, the User accepts and enters into this Agreement by viewing or browsing any portion of this Website or by purchasing from this Website. We encourage you to read these terms prior to placing your order with BrandNex.com or any of its affiliated websites. This agreement is in lieu of a written consent, and will be binding on both the customer and/or their representatives(s).
BrandNex.com specializes in custom promotional products such as custom buttons, custom lanyards, custom silicone wristbands, custom coolies, custom tattoos, custom bottles, custom cups, custom apparel, custom keychains, and more (hereinafter referred to as the "Products"). Our Company's number one priority is customer satisfaction. We strive to provide exceptional service and quality at the upmost competitive pricing on the market today. While BrandNex.com is committed to meet every need and expectations of our customers, we do wish to notify the customer of certain limitations that are essential within the promotional products business.
In all circumstances, BrandNexs' maximum liability is limited to the purchase price of the products sold. BrandNex will not, under any circumstance, be held liable for any claim or action that exceeds this liability limit. BrandNex is not liable for any third party claims for damages against the customer, or for malfunction of product, cause of delays, interruption of service, or loss of business. Due to fluctuating manufacturer costs, prices may change without notice.
This Agreement shall be construed as if both you (customer) and BrandNex.com and/or any of its affiliates jointly wrote all terms set forth herein. Additionally, this Agreement shall be governed exclusively by Texas Law and all claims arising out of or relating in any maner, directly or indirectly, to this Agreement shall be litigated exclusively in Federal or State Courts of Fort Bend County, Texas, USA. Further both you (customer) and BrandNex.com and/or any of its affiliates consent to personal jurisdiction in those Courts in Texas. Both you (customers) and BrandNex.com agree that should suit be brought in a Texas court, the exclusive venue shall be Fort Bend County, Texas if suit shall be brought in Federal Court, exclusive venue shall be in the Southern District of Texas - Houston division.
All payments are due in full prior to start of production. Company accepts payments in the form of PayPal, Money Orders, Checks and Credit Cards, including: Visa, MasterCard, and American Express. We do not ship orders Cash On Delivery (COD); company does not offer credit terms or Net 30 credit accounts. BrandNex.com will only ship orders once payment is processed. We will not accept any other forms of payment other than those listed above. Purchase Orders are accepted but can only be used once full payment is received prior to production. There will be a 2.5% service fee for any credit card payment of $2000 or above.
When paying by check, the Customer must place the order number on the check. Any check without the order number will be deposited, and the order may be delayed until identified. Once a check is cleared, the order will be placed into production. If for any reason a check has Nonsufficient funds and/or is declined, the order will not be processed and an additional fee of 17% will be added to the total amount of the order to compensate BrandNex for the declined check.
BrandNex.com is not responsible for delays in order processing including: declined credit cards, PayPal payment clearance, pending checks, or delays in PO's received by fax. Declined payments of any type will remain in pending status until the payment is cleared. Customers will be contacted via phone and email regarding declined payments, however the order will remain pending if no reply is received. The customer assumes responsibility for on time order placement and cleared payments. The company is not responsible for any late orders to due to declined or delayed payments of any kind.
When submitting an online order, if you press the "Submit Order" more then once your order might be Duplicated. We will credit back the full amount to you once you inform us as long as the order is not in production. When placing an order online or by telephone via the proprietary automated email system the customer is giving BrandNex.com the permission to charge the credit card you provide. By agreeing to this policy the customer can not charge back the amount of the order to avoid payment.
BrandNex.com will send the Customer a sales invoice and/or order confirmation via our automated system immediately by email after an order is placed over the phone. Once approved in writing via email, the Customer agrees that all the information is correct and accurate. The order will then be processed "AS IS" and cannot be changed or modified. If Customer does not reply and approve the automated email, production may be delayed. BrandNex.com is not liable, or inclined to redo, refund, or discount any order, which is approved by error. We recommend that you verify the sales invoice and/or order confirmation before approving the order.
We make every attempt to deliver the exact quantity ordered. However, due to nature of manufacturing, shipments may have an over-run or an under-run. All orders are subject to a 10% over-run or under-run. No redo or remake will be given for missing or defective products if the amount in question is less than 10% of the order.
If we fail to meet a promised delivery date on a 24 hour rush order with expedited shipping, but you will still accept the order, then credit will be promptly issued for the difference between the 24 hour (per piece) price and the 2nd day rush (per piece) price.
If we fail to meet a promised delivery date on a 2nd day, 3rd day, or 4th day rush order with expedited shipping, but you will still accept the order, then credit will be promptly issued for the difference between the following rush day (per piece) price.
Standard production orders with estimated delivery dates are not guaranteed.
From time to time BrandNex.com will have promotions on free rush production. When this promotion is ran BrandNex does not guarantee an in hands date. We do try our best to produce the order as fast as we can. We recommend that you give us a call and speak to our customer service team before placing an order.
*Please note that once you submit your order, any changes, delayed artwork submissions, or delayed proof approvals will void our guarantee policy.
A repeat/re-order may not be the exact band color, font size or ink color (Please see our PMS Color Matching Policy) as in the "original" order. The debossed/engraved size of a re-order may also not match the debossed/engraved size of the original order. This is do to each order having a new mold each time. We will try to replicate orders as precise as possible of the images or reorders/duplicate orders that are given to us, but there will be no guarantee given on them.
BrandNex.com has the ability to produce in the United States & China. When selecting the "Customize In China" option your order is not guaranteed and allows us to use either Country to produce the order. The only way to guarantee the order is to choose the "Made in USA" option. Most of our products will have a logo of our website or our logo embossed or printed slightly on the inside. Orders placed over the phone can have this option removed only if its stated on the approved invoice. BrandNex.com & its affiliates are not liable if this prevents resale of the products.
Customers are advised to immediately check goods upon receipt to ensure accuracy. If there is an error a claim must be reported to our Customer Service department within 3 Business Days upon receipt of goods. BrandNexs' Customer Service team will then open a claims ticket for you or you can do this on our website to expedite the process. If the message/artwork matches the order and/or proof we will not redo the order.
If the claim is concerning a "misspelling" we will first investigate the order.
If the claim is concerning a message or artwork we will request a high-resolution image or a sample sent via mail.
If the claim is concerning a color issue we will require a sample to be sent via mail.
Once the sample or visual is received, BrandNex will immediately redo the affected quantity. If the quantity to be replaced is less then 10% of the entire order, BrandNex reserves the right to process a credit for the amount rather then reproducing the item.
All redo items will be shipped standard ground shipment. The Customer can request expedited shipment for an additional charge. If for any chances the order is lost during transit by Fedex, UPS, USPS, or DHL. The order will only be remade once the shipping courier confirms that the order has been misplaced or lost. Once courier confirms the status, the order will be remade in the same manner as the original order.
All orders of any size or type fall under our over/under policy in section 7 of this agreement.
All sales are final. Custom printed products cannot be restocked or resold. The industry standard for customized products states a no return and a no refund policy.
If a production error occurs and is confirmed by our claims department (follow steps in section 10) we will make every effort to redo the order in a timely manner. The order will be re-processed exactly how the order was submitted minus any errors made on our behalf.
When a replacement is no longer practical, (either due to event date timelines, out-of-stock or quantity issues) BrandNex.com will issue a store credit for up to the same value as the original order minus any shipping fees. Shipping charges will not be credited back as this charge is made on behalf of the shipping company. The store credit may be treated as cash, and may be used at any time and on any product we sell.
If you decide to cancel your order for any reason after submitting payment you will still be responsible for 50% of the order total. If you decide to change your order after we received artwork or proof approval there will be a Change Order fee. This fee varies depending on your order's current stage of production.
It is the customer's responsibility to ensure that emails from brandnex.com are received and not placed in spam or deleted folders due to firewalls or spam filters on their computers. If the customer does not receive notice of order placement it is encouraged that they call Brandnex.com's customer service line to ensure the order was received. Brandnex.com will not be responsible for any failure of email communication resulting from spam filters, firewalls, misspelled email address or non working email addresses.
Many images placed on Brandnex.com are animated to resemble a product, therefore, exact match of images online and actual product cannot be guaranteed.
When placing an order online the customer may request an email proof for a $20 charge. The purpose of a proof is to help the customer to get an idea of what the final product will look like. This will not guarantee the exact match of the final product for it will be a computer-generated image. Proofs do not need to be approved for the order to be placed into production. Proofs will extend production time and may delay orders that have specific in-hands dates. The proof will not override what is invoiced to the customer.
All pre-production samples will be treated as and priced as regular orders. They will be placed in the standard production schedule unless an expedited option is selected for an additional charge.
Customers have the option to upload custom artwork on their selected items. It is the customers responsibility to ensure the artwork has been correctly uploaded and or received by a customer service representative when placing an order online. Accent marks, wingdings, webdings, Unicode symbols or other languages should be submitted as artwork or clip art.
Brandnex.com will try it's best to match product colors with provided PMS colors however not all colors may be matched exactly depending on the product and material used. Remakes and refunds will not be made due to color variances.
There will be absolutely no changes allowed on any 24 hour, 2 day, or 3 day rush orders. Once any order, including standard orders are placed into the production stage they cannot be changed. Phone orders can only be changed prior to payment. Online orders can be changed within 5 minutes of placement but cannot be guaranteed.
All sales are final. Once payment is processed orders placed online or over the phone cannot be canceled for any reason.
Production time is calculated with working business days and does not include ship time. Standard production time is considered to be 7 to 10 business days. This time frame is an approximate number and cannot be guaranteed. Order will not be considered late if production exceeds 10 business days. If orders are placed during our Chinese Holiday's orders may be delayed. Customers may select to place their order under a rush production schedule to ensure they receive their item by a specific date. It is recommended to have the product produced and shipped a day or more before the actual date needed. Brandnex.com will not be responsible for delays in shipments due to unforeseeable circumstances due to out of stock items, weather related issues, lengthier proofing time, or delays related to a shipping company.
All shipping times and estimates are calculated with working business days. Shipping rates available on Brandnex.com are for continental US and exclude Alaska, Hawaii, and Puerto Rico. Shipping to these areas will have added shipping charges.
Standard ground shipping may take approximately 3 to 7 business days. When placing a rush production order, if the customer chooses a standard ground shipping method the delivery date cannot be guaranteed only estimated.
Customers may choose rush shipping options to guarantee a product delivery date for an additional charge.
International shipping rates are based on a flat fee. International shipments including Hawaii, Alaska, Canada, and Puerto Rico may require additional local duties and or taxes upon delivery. It is the customers responsibility to contact the local customs office to determine these charges. Brandnex.com will not be responsible for these charges.
Delivery dates outside the U.S. should be considered as estimates and cannot be guaranteed by Brandnex.com. If a package is being shipped internationally, and the international shipping option is not selected while placing an order, the package will be held in the shipping department for up to 6 business days. After that time period, the additional international charges will be processed to the customers account.
Brandnex.com manufactures products in both the U.S. and China. Customers have the option to choose if they would like their item to be made in the U.S.A. This assures the client that the selected product will be made in the U.S.A. If the customer chooses to have their item produced overseas, Brandnex.com has the option to produce the order overseas or upgrade the order to be made in U.S.A according to Brandnex.com's production schedule.
Brandnex.com offers a large variety of custom imprinted items. It is the responsibility of the customer to proof and check all of the details entered such as but not limited to: colors of fonts, spelling, grammar and placement of wording. Our company accepts NO RESPONSIBILITY for any mistakes made by the customer. Once a proof provided by our art department has been approved by the client, returns, credits and refunds will NOT be issued for any custom and/or imprinted item.
FONT SIZES & DETAILS: All font sizes vary. Arial is the default font used by our art department because it is proven to be the easiest to read. A custom font on file may be provided to us by the customer. All details regarding font type, style, and print color must be specified on the Purchase Order. Proofs will be generated to reflect and specified instructions on the purchase order. It is the clients responsibility to ensure all details on the proof are correct before approving. NOTE: Some font sizes will be smaller than others; Brandnex.com is not responsible for the final outcome of a small font chosen by the client.
SEGMENTED / SWIRL WRISTBANDS: All of our swirl and segmented wristbands will bleed a mix of colors that result from the colors that are selected by the client. For example: Red and Orange swirl wristbands will have some yellow mixed in the band. These mentioned effects cannot be controlled and is not considered to be defective. Segmented bands will have two or more sections of the band in solid colors. In some cases when two colors are made together a fade of the colors might happen, resulting in a faint mix of colors. Locations for the message can not be guaranteed but can be attempted. The pattern for the colors for segmented bands will be random for any order with more than two colors. We cannot promise an exact match of color sequence.
DEBOSSED WRISTBANDS: The engraved depth of our debossed or laser engraved wristbands cannot be guaranteed. If a client would prefer to have a message engraved deeper than our standard size they may request so, and we will try to accommodate such requests.
INK INJECTED / SCREEN PRINTED WRISTBANDS: Ink color must be carefully chosen and specified while placing order. We recommend using contrasting ink and band colors to ensure message is clearly legible. Printed wristbands are used best as promotional products. With time, they do fade. For a longer lasting message we recommend ink injected wristbands.
Our Screen Printed & CMYK Digital Printed Mobile Cases are used for promotional items. We offer two types of printing methods: Digital print, and heat sublimation. When choosing the digital CMYK print method, the colors shown on the proof are to be used as a guide and may not print exactly as it appears on the computer monitor. The imprinted logo or photo will only be printed on the back of the case and may fade in less then 14 days. We do recommend choosing our Heat Sublimation Mobile Cases for a longer lifespan.
Custom temporary tattoos are a great inexpensive promotional item to distribute at school and fundraising events. Brandnex.com prints and ships all tattoos in sheets. If the customer would like to have them individually cut they may select that option for an additional charge when placing their order. Custom tattoos are to be applied by following the provided instructions.
All Rush Order Tattoos are printed with our proprietary digital technology. Our Tattoos have a coating on top and are not die cut. When the tattoos are applied a clear film will be around each tattoo unless you cut around it before applying.
Brandnex.com assumes no liability for rashes or inflammation in result of rare sensitive skin conditions. It is recommended to apply and remove temporary tattoos gently with clean sanitary materials to avoid any irritation.
We reserve the right to refuse service to anyone at any time for any reason. We also reserve the right to not produce phrases on products that we determine to be offensive, vulgar, violent, or in any way disagree with our policies, procedures, morals, and ethics.
All orders go into production the following business day of the payment transaction. No faxed/emailed PO's will be referred to by the customers PO number. We will only refer to our order number. For customers that live in a state without sales tax the amount can be refunded. Sales tax can also be removed with a valid tax exemption number.
100 Free Wristbands are available with a handling fee applies ($15 for regular half inch wristbands / $30 for 3/4" and 1" wristbands, $25 for swirl or glow half inch wristbands) and will be produced with Standard Production and Regular Shipping only. The Free Wristbands must have identical size and messages (including fonts and artworks) with the original order. Additional colors, options and rush services cost extra. Once the order is in production the offer will not be valid. Offer valid while supplies last.
100 Free tattoos are available with a handling free ($1 for set up & $5.99 for shipping) and will be product with a Standard Production and Regular shipping only. Offer valid while supplies last.