ACCEPTANCE OF TERMS
Our goal is to ship all standard personalized items within 3 to 7 business days after the your art has been approved (if you choose no proof then we will ship 3-7 business days from date of order), Monday through Friday, with the exception of any US holiday or company holidays which will be shipped the following business day. All orders will be shipped Ground Service unless otherwise specified to the address specified in the order. We do offer special shipping methods such as Next Day and Second Day Air services for those special orders that are needed in a rush. Additional freight charges would apply. Please note that currently our Site is set up to ship within the contiguous United States only.
Our expected delivery date is not guaranteed. Your order may arrive late due to unforeseen delays in delivery service, the breakdown of equipment, illness, etc. Title for finished work passes to the client upon delivery to the carrier at shipping point.
We accept the following payment options: Visa, MasterCard and American Express.
Applicable sales tax will be added to shipments being made to any location within New York State and such other states where ShopModPac may from time to time be required to charge sales tax. Tax is charged on the entire order including amounts charged for shipping and handling.
RETURN POLICY FOR PERSONALIZED PRODUCTS
ShopModPac is not responsible for typographic errors. We will use our professional judgment with regard to placement of text, design, and the appropriate size and position on printed items. We cannot accept returns on personalized items. If you have a question regarding your order, please contact us within 5 days of receiving your order and have your order number for referencing. If we are in error, we will reprint and ship your order immediately at no cost to you. ShopModPac is not responsible for any consequential damages as a result of an error. Our liability is specifically limited to the value of the personalized product we manufactured. Shipping charges cannot be credited and return shipping is the customer's responsibility.
RETURN POLICY FOR UNPRINTED PRODUCTS
Please contact us and we will provide you with a return authorization number. We will not accept returns without a return authorization number. Returns are subject to round-trip freight charges and a 10% or minimum $10.00 restocking fee, whichever is greater.
SHADE VARIATIONS IN PRODUCT OR IMPRINT COLORS
ShopModPac is not responsible for shade variations. Due to inconsistencies in dye lots, we cannot assume responsibility for shade variations in ink, paper or stock colors. Colors may vary from the samples illustrated depending on the lettering style and color of product selected. The imprint color will also appear darker if used with a bold lettering style and lighter if used with a fine line lettering style. Paper, like fabric, has a tendency to vary in shade and texture from one dye lot to another. As a result, certain products may vary slightly from the matching product.
CANCELLATION OF ORDERS, ORDER CHANGES, CORRECTIONS, ADDITIONAL ORDERS
Cancellation, order changes or corrections cannot be guaranteed once an order has been submitted online to us. You may call our Customer Service Department with your request and we will try to accommodate you. For cancelled or corrected orders that have been partially or totally completed, you will be charged for the portion already printed.
USE OF ShopModPacs' STOCK DESIGN CONTENT
This Site contains templates, information, images, illustrations, designs, icons, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively the "Content") for the purpose of designing, personalizing and ordering print products. This Site and all the Content is copyrighted, or the copyrighted property of third parties from whom ShopModPac has licensed such property. Except as expressly authorized or allowed in these Terms, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit or otherwise use any portion of the Content, in whole or in part. ShopModPac reserves the right to add, delete or modify any part of the Content at any time without prior notice. Under no circumstances will ShopModPac be liable to you in any way for any Content you may be exposed to that you may find offensive, indecent or objectionable.
CUSTOMER'S USE OF PERSONAL DESIGN CONTENT
Yes, ShopModPac allows its customers to upload their own designs and artwork for incorporation in a variety of ShopModPac products. Instructions for preparing and uploading your own designs and artwork, as well as system and file requirements are found at Artwork Specifications. You are solely responsible for the use of any materials not part of the Site's standard Content that you incorporate into your product. This means that you, and not ShopModPac, are entirely responsible for any text, image, graphic, design, trademark, service mark, or any copyrighted work of any third party that you send, upload, post or otherwise transmit via the Service. This also means that you, and not ShopModPac, are entirely responsible for any text, image, graphic, design, or other material that is unlawful, illegal, harassing, threatening, libelous, defamatory, obscene, pornographic, harmful or malicious that you send, upload, post or otherwise transmit via the Service. ShopModPac does not control the materials posted by customers and does not guarantee the accuracy, integrity or quality of the materials. You agree that you will not include any text, image, graphic, design, trademark, service mark, or any copyrighted work of any third party in your products unless you have obtained the appropriate authorizations from the owners. You warrant that your products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your products. You also recognize that subject matter does not have to bear a copyright or trademark notice in order to be protected by copyright or trademark law, so absence of such notice does not necessarily assure a right to reproduce. You further warrant that no copyright or trademark notice has been removed from any material used in preparing your content for reproduction. By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize ShopModPac to produce the products on your behalf. Although ShopModPac does not pre-screen content, you acknowledge that ShopModPac shall have the right (but not the obligation) in its sole discretion to remove any content that violates the Terms or may otherwise be objectionable. You further acknowledge and agree that ShopModPac may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal actions or claims, enforce the Terms, respond to claims that the content violates the rights of third parties, or protect the rights, property, or personal safety of ShopModPacs' business, users and the public. You understand that you control the privacy of any content you elect to post by granting access under your personal password. When you, or someone to whom you have given access, orders a print item using your password, you grant ShopModPac the world-wide, royalty free and non-exclusive license to use, reproduce, sublicense, modify, adapt, publish, display and create derivative works from the content on the Service and on the printed product for the purposes of storing designs or processing print orders. This license exists only for the length of time necessary for ShopModPac to complete your order or until you delete the content from the Service.
USE OF SITE AND SERVICE
You are granted permission to access this Site and its Content for the sole purpose of designing, personalizing and ordering print products solely through ShopModPac. Permission is granted to download and use ShopModPacs' Content on the Site for your use, without alterations. Obtaining products from ShopModPac does not entitle you to use any portion of the Content apart from the finished products as they are supplied by ShopModPac. You agree to use this Site in a responsible manner that is in full compliance with these Terms and with your local laws and regulations regarding online conduct and acceptable content. No portion of the Content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person's right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity. You agree that you will not use the Site to produce products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable. You agree not to use the Site to send, upload, post or otherwise transmit any material that violates any applicable federal or state laws. You agree that we may, in our sole discretion, and at any time, terminate your access to and use of the Site, or any part thereof, with or without notice, if you are found to be using ShopModPac to engage in undesirable activities. You agree to abide by these Terms and not to use these products and services or related messages for any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account. When you, or someone on your behalf, orders a print item under your account, you grant us the license to access and store the digital files for use in processing print orders. You agree that we have no responsibility or liability for the deletion or failure to store any Content transmitted to our Site.
You agree to indemnify, defend and hold harmless ShopModPac, and all parties from whom ShopModPac has licensed portions of Content, and their officers, directors, employees, affiliates, licensors, suppliers, information providers, and agents, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, arising out of or related to your violation of these Terms, your violation of the rights of a third party, your use of the Service, or your use of materials not part of the Site's standard Content. This will apply regardless of responsibility for negligence.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SITE AND ALL RELATED SERVICES AND CONTENT IS AT YOUR SOLE RISK. THE SITE AND ALL RELATED SERVICES AND CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT SOPMODPAC MAKES NO WARRANTY THAT (i) THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE OR USE THEREOF WILL NOT INRINGE THE RIGHTS OF THIRD PARTIES, (iii) THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iv) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (v) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
LIMITATION OF LIABILITY
GOVERNING LAW & OTHER TERMS
The laws of the State of New York will govern these Terms and the relationship between you and ShopModPac, without giving effect to any principles or conflicts of laws. You and ShopModPac consent to submit to the personal and exclusive jurisdiction and venue of the courts located in New York in all disputes arising out of or relating to the use of our website. The failure of ShopModPac to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The Terms constitute the entire agreement between you and ShopModPac, and govern your use of the Site and ShopModPac Service, superseding any prior agreements between you and ShopModPac.