By accessing, browsing or using our websites at TotallyPromotional.com and TotallyWeddingKoozies.com, you agree to be bound by these stated Terms and Conditions. If you do not agree to these terms, please do not use or access our websites.
If at any time you have questions regarding our products, services or Terms and Conditions, please contact our customer service representatives seven days per week via live chat on our websites, call 1-866-795-4657 or email us at email@example.com.
All unsettled disputes or claims between you and Totally Promotional will be resolved through binding individual arbitration. Read details.
Totally Promotional offers a limited liability policy with exclusions to protect our customers and ourselves. Read details.
Totally Promotional has guidelines and steps in place if you wish to return products that do not meet your expectations. Read details.
All issues related to our websites, policies, products or services are subject to the appropriate jurisdiction and laws. Read details.
Totally Promotional is committed to abiding by the standards and principles of the Americans with Disabilities Act (ADA). Read details.
Totally Promotional makes every effort to remain compliance with California Proposition 65 for the safety of our customers. Read details.
Our products are meant for promotional use only. Read details.
Our Terms and Conditions and other policies remain valid even if individual provisions become invalid or are not enforced. Read details.
Our warranty policy applies to Totally Promotional products and services, website usage and other actions, with respect to the legal rights of our customers. Read details.
These Terms and Conditions and other policies explain the extent of agreement between you and Totally Promotional. Read details.
When you place an order with Totally Promotional, you have conditionally agreed to our Terms and Conditions. Read details.
You agree to accept responsibility for your actions when accessing our websites. Read details.
You are solely responsible for complying with regulations within your jurisdiction when accessing Totally Promotional's websites. Read details.
Totally Promotional by law retains all rights to materials and content on its websites. Read details.
Totally Promotional does not knowingly do business with customers under 18 years old. Read details.
We retain the right to make changes on our websites at any time. Read details.
We will not place artwork that we deem unacceptable on any of our products. Read details.
You are solely responsible for securing permission for the trademarks sent to us. Read details.
We have steps in place for you to follow if you believe a copyright infringement has occurred via our websites. Read details.
All names, logos and other text on our websites are the property of Totally Promotional or their respective owners and cannot be used unless noted. Read details.
We cannot be held liable for any user-generated content made available on our websites by us or others. Read details.
We will review requests to remove content from our websites that you believe violates your rights. Read details.
We retain the right to make corrections, revoke offers, make adjustments or take other action based on errors made by us. Read details.
We do not enhance or alter the images on our website to misrepresent our products or services. Read details.
We are not responsible for links to other websites that may appear on any of our websites. Read details.
Minor inconsistencies may occur in the color and materials of our products. Read details.
Prices on our websites are subject to change at any time. Read details.
Our customers are subject to all applicable sales tax. Read details.
We offer Net 30-Day payment options with conditions for approved customers. Read details.
You may be subject to charges or service fees if you cancel or make changes to your order. Read details.
Totally Promotional may change your production or delivery times to meet your chosen Guaranteed Delivery Date. Read details.
We are not liable for specific product delays, damages or other claims after our products leave our production facility. Read details.
Item amounts can vary per order, but you only pay for the number of items you receive. Read details.
We are not liable for actions beyond our control that may affect production or delivery of your items. Read details.
We will charge a fee for any checks we receive for insufficient funds. Read details.
Totally Promotional will take every step necessary to protect its staff from verbal abuse by customers. Read details.
You accept our most current policies when using our websites. Read details.
Totally Promotional takes all necessary actions to ensure the privacy of its customers' email addresses. Read details.
We use the latest technology to secure the information you provide us. Read details.
We use your personal information to process your order and to ensure your security. Read details.
Your personal information will be protected in the event Totally Promotional experiences any type of change to its business status. Read details.
Totally Promotional may be required to disclose personal information to comply with legal action, criminal investigations or laws. Read details.
We highly recommend that you read all terms and policies when using social media sites, including those operated by Totally Promotional. Read details.
Totally Promotional uses industry standard software technology to protect your personal information when ordering from our websites. Read details.
We do not keep records of your credit/debit card information to protect your card's security. Read details.
We now offer samples! Read details.
If you experience problems related to our products or services, please contact Totally Promotional so we may help resolve the matter to your satisfaction. Per our Terms and Conditions, you agree that any unsettled dispute or claim you may have with Totally Promotional shall be decided by binding individual arbitration, not in court (unless your claim qualifies for small claims court). This agreement means that you waive your right to file a claim in court, or participate in class arbitrations, class actions or representative actions.
All disputes or claims between you and Totally Promotional will be handled through the American Arbitration Association (AAA) and its most current Commercial Arbitration Rules. According to AAA rules, arbitration will be handled by a sole arbitrator on an individual basis. Class actions and class arbitrations are not permitted. You and Totally Promotional each agree to waive the right to trial by jury if for any reason a claim proceeds to court.
Fees: The Consumer Arbitration Rules will dictate the payment of any and all reasonable filing, administrative and arbitrator fees. Totally Promotional will reimburse you for the reasonable administrative filing and arbitrator fees if the value of the claim is less than $10,000, unless the arbitrator finds your claim to be without substance, frivolous or filed without improper purpose.
Jurisdiction: Totally Promotional is based in Coldwater, Ohio, in Mercer County, so any legal action against us, related to our products or services, except when arbitration is required, must be filed/handled and/or take place in Mercer County, Ohio, or the federal court in Toledo, Ohio, known as the United States District Court Northern District of Ohio.
Our liability to you is limited, as stated in our Terms and Conditions and other policies. Nothing in our policies limits liability for fraudulent misrepresentation or our liability to you in the event of death or personal injury resulting from our negligence.
Because some jurisdictions do not allow the exclusion of implied warranties or certain types of limitations or exclusions of liability, the limitations and exclusions set out in our policies or Terms and Conditions may not apply to you.
Exclusion of Liability:
We are not liable or responsible in any way for any user-generated content. We provide strict guidelines on the use and reproduction of trademarks, logos and other user-generated content but we do not control and are not responsible for what users submit on or through our websites. We also are not responsible for offensive, obscene, unlawful or objectionable user-generated content, or any content that infringes on others' rights that may be found when using our websites.
On behalf of our company's executives, employees, agents, suppliers and service providers, and to the fullest extent permitted by law, we exclude and disclaim liability for any and all losses and expenses of all types, however they arise, including but not limited to any general, special, direct or indirect, incidental, extraordinary, exemplary, punitive or consequential damages such as: loss due to a virus, loss of data, loss of use, business interruption, loss of or damage to property, loss of profit or revenue, claims by third parties, or any other loss, whether such damages are alleged in tort, contract, strict liability, or any other legal or equitable theory, whether we are aware of the possibility of such damages, from or in connection with the use of our websites or any websites linked to us, or any products available on our websites. You are 100 percent responsible for ensuring proper procedures are established for data backup and virus checking.
If our Liability Limitations policy is found to be invalid or cannot be enforced for any reason, the aggregate liability of the released parties for liabilities that otherwise would have been limited, will be a maximum of ten dollars ($10.00). Totally Promotional's maximum liability for products is limited to the purchase price of the products sold. We will not under any circumstance be held liable for any claim or action that exceeds this liability limit. We also will not be 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.
All claims for incidental, consequential or special damages are hereby excluded.
This Liability Limitations policy gives you certain legal rights. You may also have other liability rights, which can differ depending on your location or address. Certain types of limitations or exclusions are not allowed in some jurisdictions or may be subject to conditions, so not everything in this policy may apply to you. In such a case, the limitations and exclusions in this policy shall be applied to the fullest extent permitted by the laws of the applicable jurisdiction. Your statutory rights as a consumer are not affected by this policy, and we do not exclude or limit our liability for fraudulent misrepresentation.
Totally Promotional is dedicated to providing high-quality, customized products for you and your event. Although we strive for perfection, we understand that mistakes happen! If we make a mistake, we will review the issue and do our very best to remedy the situation. However, due to the customized nature of our products, Totally Promotional cannot accept returns for printed items that pass our production quality standards. ***Once shipped, orders meeting Totally Promotional’s satisfactory standard are NON RETURNABLE***. There may be an opportunity to make changes to the order while still in production, however, applicable fees will be assessed. Once the order has begun printing it cannot be cancelled. Please see Cancellation or Changes to Existing Orders for more details.
We are committed to offering top notch customer service, so please notify us within 48 hours of receipt if there is an issue with your order. No credits will be issued for returned merchandise without our prior consent.
If you have problems with your order, go to the Place A Ticket page on our website to fill out and submit a Ticket. The completed form will be sent to either our Warranty or Order Change Department and an agent will contact you within two business days, during department hours, Monday-Friday. A Return Authorization will be sent to you via email with the correct delivery address if you are instructed or approved to return the product(s). Please do not return merchandise to us without a Return Authorization or the product(s) will be refused.
We cannot accept any returned merchandise after 30 days from the date the invoice was created.
Packages that have been returned to sender will be held for 30 calendar days. Reshipment fees will be assessed for delivery.
You may be subject to a reasonable restocking fee for blank products you return. We cannot accept returns of blank table covers, blank lanyards and most blank can coolers because they are custom made. Blank face masks and neck gaiters cannot be returned due to the nature of these products.
Claims for merchandise damaged in transit must be handled by the shipping carrier. Totally Promotional is held free and harmless from damages of this kind.
We want you to be satisfied with your order and enjoy your shopping experience with us! Please feel free to contact our customer service department, at any time, for clarification of these terms.
Our stated Terms and Conditions and other policies shall be subject to, governed by and construed under the laws of the State of Ohio in the United States of America, without regard to conflict of law principles, except to the extent that transactions via our websites are governed by the EU Directive on the Protection of Consumers in Respect of Distance Contracts, in which case the provisions of the Directive shall be deemed controlling.
You consent and waive all objection to the exclusive jurisdiction of the federal and state courts of Ohio and venue therein to resolve any controversy or claim of whatever nature arising out of or relating to use of our websites. However, we retain the right to bring legal proceedings in any jurisdiction where we believe an infringement of this agreement is currently taking place or is originating.
Orders placed via U.S. websites are subject to the U.S. Federal Arbitration Act for all matters relating to arbitration.
Totally Promotional is committed to abiding by the standards and principles of the Americans with Disabilities Act (ADA). By clicking on the gray handicap icon, in the bottom right hand corner, our website becomes easily accessible and customizable for users suffering from visual impairments. Totally Promotional strives to create a website that is accessible for all users and we welcome any feedback that helps us meet this goal. If at any time you have questions regarding our products, services or Terms and Conditions, please contact our customer service representatives seven days per week via live chat on our websites, call 1-866-795-4657 or email us at firstname.lastname@example.org.
Totally Promotional strives for complete compliance pursuant to California’s Safe Drinking Water & Toxic Enforcement Act, also known as “Proposition 65” or “Prop 65.”
Enacted in 1986 and updated in August 2016, Prop 65 seeks to protect California residents from exposures to chemicals classified as carcinogens or reproductive toxicants. The State of California has comprised a list of more than 850 chemicals known to cause cancer, reproductive harm or birth defects.
A large number of chemicals on the list are given safe harbor levels by the Office of Environmental Health Hazard Assessment (OEHHA), which are used to determine overall exposure risks. These levels include No Significant Risk Levels (NSRLs) for cancer causing chemicals, and Maximum Allowable Dose Levels (MADLs) for chemical reproductive toxicity.
For a complete list and other information regarding these chemicals please visit https://www.p65warnings.ca.gov/chemicals
If a product contains a chemical composition that surpasses safe harbor levels or if no safe harbor level exists, a warning label is affixed to the product alerting Californian consumers of potential risks. Persons are in violation of Prop 65 for failing to provide adequate warnings. Totally Promotional complies with this requirement by: 1.) providing a Prop 65 warning, within the product description, on our Totally Promotional website and 2.) providing labels on all necessary items shipped to California. Totally Promotional manufactures high-quality, safe products that meet all applicable federal safety and warning requirements, regulations and standards as enforced by the Consumer Product Safety Commission, the Federal Communications Commission and the U.S. Food and Drug Administration. For your safety, Totally Promotional continues to monitor products regularly to ensure Prop 65 compliance. The Prop 65 warning shall resemble the image below.
SELLING OR DISTRIBUTING TOTALLY PROMOTIONAL PRODUCTS:
If you plan to sell a Totally Promotional product for use in California, you must comply with Prop 65. Totally Promotional only affixes a Prop 65 warning to the necessary products shipped directly to the State of California. You MUST affix an appropriate warning to EACH product for which a warning is required. Totally Promotional products affected by Prop 65 are identified on our website in the product description. You are responsible for adding the appropriate Prop 65 warning to these products if you plan to redistribute them in the State of California. You shall indemnify, defend, and hold Totally Promotional free and harmless against and in respect of any and all actions, claims, judgments, losses, liabilities, or demands, and against all costs, expenses and attorney’s fees, arising, directly or indirectly, out of your failure to comply with these requirements as provided in Prop 65.
Please refer to https://www.p65warnings.ca.gov/new-proposition-65-warnings for help constructing appropriate warnings.
Totally Promotional is a promotional products company. Very few items on our website are intended to be used by children. These items are identified by using the term “Youth” in the product name. Otherwise, we do not directly market to children or target children under the age of 13, and will never knowingly solicit information from them. All other items are intended for advertising and promotional purposes ONLY.
All youth items will be labeled with the Totally Promotional name along with an identifying number associated with the PO# and product creation date. This is in compliance with the Consumer Product Safety Improvement Act (CPSIA), which requires children's products to be affixed with tracking labels. We have also affixed this label to other items, although not intended, that may end up in the hands of a child.
The following SKUs are affixed with a compliant tracking label;
If you have questions regarding tracking information or product testing please email email@example.com for more information.
Our failure to enforce any portion of our Terms and Conditions or other policies will not be deemed a waiver of such provisions, nor a wavier of the right to enforce those provisions. A waiver by us of any rights under these Terms and Conditions on any occasion will not in any way constitute a waiver of such rights or any other right on any other occasion. If any provision of these Terms and Conditions or our other policies is determined to be invalid, such invalidity will not affect the validity of the remaining sections of these Terms and Conditions. The parties will substitute for the invalid sections a provision which most closely resembles the intent and economic effect of the invalid section. These Terms and Conditions will apply in lieu of, and notwithstanding, any specific legend or statement associated with any document or information exchanged.
We warrant that all merchandise sold to you by Totally Promotional is free of any security interest. We do not express or imply any warranties as to the fitness for purpose of the merchandise you purchase from us.
We offer no warranties or representations regarding our websites or their content, or any product or service provided by or offered through our websites. Our websites and all content found within are provided for use as is, and as available. We disclaim, to the fullest extent allowed by law, all express or implied warranties, arising by statute, custom, course of dealing and performance, or in any other manner, including without merchantability, quality and fitness for a particular purpose, in regard to our websites, content, product or services available or offered through our websites, and/or any site to which they are linked.
We do not warrant that our websites, the servers we use or the transmissions sent by us or through our websites are free of harmful components, such as viruses. We also do not warrant that the information accessible from our websites, or any sites from which they are linked, is accurate, complete or up-to-date. We cannot be held responsible for any errors or omissions in any content on our websites.
Opinions, advice, comments and statements made on our websites by users, as well as user-generated content, is not endorsed by us and does not in any way reflect our opinion, statement or advice. We do not provide any warranties against the possibility of deletion, misdelivery or failure to store communications, personalized settings or other information. We also do not warrant continuous, uninterrupted or secure access to, or use of, our websites. You accept that our owners, executives, employees and other representatives receive the benefit of this clause.
Without limits to the previous statement, some merchandise offered by us on our websites may be covered by a product warranty from the manufacturer, and the limitations and disclaimers set forth herein will not restrict or limit any such warranty for products purchased on our websites.
No information in our Terms and Conditions policies will affect any statutory rights to which you may be entitled as a consumer to the extent your ability to alter or waive such rights by contract is limited by applicable law.
Our Terms and Conditions, as well as other policies on our websites, contain the complete understanding between you and our company, with respect to the use of our websites. No statement, representation or inducement oral or written, not contained herein, shall bind any party to this agreement.
Your submission of an online order or telephone order to Totally Promotional is considered a conditional acceptance of your consent to purchase merchandise from us, and confirms your acceptance of our terms and conditions of sale as set forth. You, the buyer, and Totally Promotional agree that any contract entered into shall be interpreted and governed by the laws of the state of Ohio.
Access and use of our websites and all information, products, services and materials available is subject to all applicable laws and regulations, including our stated Terms and Conditions.
If you do not agree to the discreet and secure collection, use and disclosure of your personal information on our websites, as explained in our Terms and Conditions and other policies, please do not use our websites.
You agree to use all of our websites in a manner consistent with any and all rules and regulations that apply. You also agree not to transmit or upload to our websites any computer viruses, worms, trojan horses or anything that may interfere, disrupt or interrupt the normal operations of a computer. We strictly prohibit any unauthorized modifications, tampering or altering of information or any interference with the availability or access of our sites. In response to such unlawful acts, we reserve all rights and remedies available to us.
You also agree to indemnify, release and hold harmless our executives, agents, representatives, employees and owners from any claim, loss, liability and expense, including legal fees, that may be related to a violation of our Terms and Conditions, or your access or use of our websites.
Access or use of our websites or information, materials, products and/or services may be prohibited by law in certain countries or jurisdictions. You alone are responsible for compliance with any applicable laws of the country from which you are accessing our websites.
Access to our websites or portions of our websites and the use of information, materials, products and/or services provided through our websites is not intended and is prohibited where such access or use violates applicable laws or regulations.
Our websites, all of the software and codes used, the text, images, video and audio-video, photographs, illustrations and graphics, sound recordings and other materials and user-generated content, fall under the protection of applicable intellectual property and other proprietary laws, including without limitation to those of the United States. All the content and intellectual property rights are the sole ownership of Totally Promotional, and are protected pursuant to all applicable trademark and copyright laws.
The content displayed on our websites does not constitute a waiver of right to anyone for that content. Ownership rights are not acquired to content viewed on any of our websites. Unless provided otherwise, none of the content on any of our websites may be used, reproduced, copied, distributed, downloaded, republished, modified, posted, displayed or transmitted in any form or by any means, including but not limited to mechanical, electronic, photocopying, recording without our prior written permission.
We do grant permission to the extent necessary to lawfully access and/or use our websites and to display, download or temporarily print sections of our websites for personal or noncommercial use, if the content is not modified, if all copyright and other proprietary notices are kept in the content, and if the content is not copied or posted on any network computer or broadcast in any type of media.
We require that our customers be over 18 years of age to purchase products on any of our Totally Promotional websites. If you are under 18 years old, you must have authority from either a parent or guardian to purchase products from any of our websites.
We have the right at any time to modify, delete, edit, suspend or discontinue, permanently or temporarily, our websites or portions of our websites and/or the information, materials, services and/or products we provide through our websites, with or without notice. You agree that we will not be liable to you or any third party for any type of modification, deletion, editing, suspension or discontinuance of our websites.
Totally Promotional has the sole discretion to reject any orders or submissions that contain text or design that could be considered libelous, profane, obscene or defamatory (as established by the Federal Communications Commission), displays or portrays irresponsible use of alcohol and/or other substances, promotes persecution based on race, age, gender, disability or national origin, or contains explicit sexual content or is in any way inappropriate for Totally Promotional's production.
You agree not to use Totally Promotional or the services it provides to create any materials or products that are threatening, abusive, unlawful, tortuous, harassing, vulgar, defamatory, obscene, libelous, hateful or racially, ethnically or otherwise objectionable.
You, individually, or any company ordering custom, imprinted merchandise from Totally Promotional, warrants and represents that you are the sole legal owner or licensee of all rights, including copyright, to each trademark, logo, statement or any other intellectual property included in the design that you instruct us to imprint on the merchandise you order. You also warrant that the designs you approve for reproduction are in accordance with the guidelines of the owner of the trademark or logo. You warrant and represent that no part of the design violates or infringes upon the rights of any person or entity, and that there are no restrictions or rights of any kind or nature that would prevent Totally Promotional from legally reproducing the images or text that you submit. You agree to defend, at your sole expense, any claim, lawsuit or proceeding brought against Totally Promotional for reproduction of the trademarks, logo or written information that you supply to us, which causes wrongful use of any copyright, trademark or other right of any third party. Totally Promotional shall not be held liable for the unauthorized, improper or illegal use of any logo or trademark that is imprinted on promotional products purchased from us. Totally Promotional will not accept liability for the actions of customers who have misrepresented their ownership of licenses or trademarks. You agree to indemnify and hold Totally Promotional harmless from any loss or damage associated with any such claim, lawsuit or proceeding.
We reserve the right to request written permission from the owner of all copyrighted or trademarked materials before reproducing them for your order. We also reserve the right to refuse your order, at our sole discretion, if it appears the final product would violate applicable laws. Failure on our part to obtain legal permission to reproduce copyrighted or trademarked materials could result in legal action by the owner of the copyrighted or trademarked materials.
Most social media channels do not allow their logos to be printed on merchandise. However, Totally Promotional can print phrases such as "Follow us on Facebook" in plain text. We also can print our customers' Facebook URL or tag onto our products.
We also reserve the right to refuse subject matter that is deemed by us to contain derogatory, inflammatory or objectionable remarks, symbols or images. Examples of these include derogatory, inflammatory or objectionable content about an individual or a group's race, religion, physical attributes, national origin, sexual preference, or content that contains profanity or pornography.
The Digital Millennium Copyright Act of 1998 (known as the DMCA) provides recourse for copyright owners who believe material on the Internet infringes their rights under U.S. copyright law. If you believe your own work, or the work of a third party that you represent, is displayed on any of our websites or has been otherwise copied or made available on our websites in a manner that constitutes copyright infringement, we request you send us a notice of the alleged infringement and include:
Any notification to us by a copyright owner or a person acting on a copyright owner's behalf that fails to comply with DMCA requirements shall not be considered sufficient notice, and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Notice of claims for alleged copyright infringement should be sent to: Totally Promotional, 450 S. Second St., Coldwater, OH 45828.
TotallyPromotional.com and TotallyWeddingKoozies.com, and any other names and logos, product names, page titles, custom graphics, button icons, trademarks and service marks appearing on any of our websites, unless noted, are trademarks, service marks and trade dress of Totally Promotional.
All other trademarks, product and company names, logos, service marks and trade dress shown, cited or indicated on any of our websites, is the property of their respective owners, and solely used by Totally Promotional to illustrate the production capabilities of our company or other companies that produce the respective merchandise exhibited on our sites. You are not permitted to display or use the displayed trademarks, product or company names, logos, service marks or trade dress of others shown on our websites, in any manner without express written permission from the owners.
Use or misuse of trademarks, product and company names, logos, service marks and trade dress or other items contained on our websites, unless legally permitted, is expressly prohibited.
Totally Promotional is not liable for any damage or loss of any kind that you claim was incurred through the use of any user-generated content emailed, posted, displayed, transmitted or otherwise made available on any of our websites, by us, individual users of our websites or third-party vendors, contractors or licensors.
We retain the right at any time to disclose any user-generated content, data or information if necessary to abide by any law, regulation or government agency request. We also reserve the right, without assuming obligation, to remove at our sole discretion, all or portions of any user-generated content without notice and for any reason, including without limitation, content that does not meet our standards or violates our Terms and Conditions.
If it is your opinion that content on any of our websites violates your rights and you want it removed, we ask you to send us a written request via email to firstname.lastname@example.org explaining why you wish to have the content removed. Even though we do not have an obligation to remove any content in lieu of a request, we will review your request and remove content that we solely determine should be removed in accordance with our Terms and Conditions, other policies and applicable law.
We strive for complete accuracy but typographical errors and/or inaccuracies may occur at times. Information may not be complete or current. Errors are subject to correction by us.
We reserve the right to revoke any stated offer, and to change prices and/or specifications without notice, even after an order has been submitted, whether or not it was confirmed and your credit card charged. If your credit card has been charged and your order is canceled, Totally Promotional will issue a credit to your credit card account in the total amount of the charge. Bank policies determine when amounts are credited to accounts.
We also reserve the right to correct any and all errors, inaccuracies or omissions, and to adjust or update information at any time without prior notice, including after you have placed an order. These errors, inaccuracies and/or omissions may be related to pricing, product descriptions and availability. We apologize for any inconvenience you may experience.
We warrant that we have not altered or enhanced any images shown on our websites to misrepresent the products displayed. We urge our customers to request samples of the products they are considering for purchase to ensure their color and quality specifications are met.
We cannot guarantee that all products purchased from Totally Promotional will be 100 percent consistent in color and material. Minor variations in dye lots, material thickness and finish may occur in the manufacturing process. You understand that by placing your order with Totally Promotional, you agree to accept the product with possible minor manufacturing variations.
We work hard to keep our websites' pricing current. However, from time to time market conditions may change the price of a particular product. We reserve the right to change prices on the website at any time. If a site price is not correct on an item that you order, we will contact you at once with the current price or help you choose a different item, if you prefer.
The Ohio sales and use tax applies to the retail sale of tangible personal property in Ohio. In transactions where sales tax was due but not collected by the vendor or seller, a use tax of equal amount is due from the customer.
As established in South Dakota v. Wayfair Inc., applicable state tax now applies to online orders. Totally Promotional calculates sales tax at the time of purchase, in accordance with applicable state and local laws. The tax percentage is generally based on the type of item being purchased and the location where the item is being delivered or picked up. The sales tax shown at checkout represents an estimated sales tax. This amount could change based on post-tax configuration software. The final sales tax charged will be reflected in the order confirmation sent to your email. Any tax overpayment will be applied back to the credit card used at the time of purchase. Items delivered to the following states may be subject to tax:
Alabama, Arkansas, Illinois, Indiana, Kentucky, Maine, Maryland, Michigan, Minnesota, New Jersey, North Dakota, Washington, Wisconsin, Mississippi, Vermont, Ohio, Pennsylvania, Oklahoma, South Carolina, South Dakota, Colorado, Connecticut, Massachusetts, Nevada, North Carolina, Rhode Island, Georgia, Iowa, Nebraska, Utah, West Virginia, Wyoming, Louisiana, Washington DC, New York, California, Idaho, Texas, Arizona, Kansas
A state-appropriate sales tax exemption or resale certificate may be submitted in lieu of this tax. This documentation should be provided to an account representative at the time of purchase. All forms should be completed in full. Totally Promotional reserves the right to reject any form that raises the question of legitimacy. Totally Promotional is unable to reimburse sales tax once an order has been approved. Totally Promotional’s tax collection process is automated and pulled by a third party at the point of sale. If a customer wishes to receive a reimbursement, Totally Promotional shall provide support to direct the customer to the state-appropriate tax agency for fund reimbursement.
Further tax inquiries can be submitted to email@example.com.
Totally Promotional highly recommends that its customers consult their state agency's website to obtain additional information.
We may grant “Net 30-Day” payment terms after reviewing your completed credit application. By placing your order under these terms with Totally Promotional, you agree to pay reasonable attorney or collection fees incurred for the collection of any past due balances on your account.
The Net 30-Day form can be accessed here.
Once an order has been submitted to production, Totally Promotional cannot guarantee that you will have the option to make changes or the ability to cancel your order. Applicable fees will be assessed to process any changes or a cancellation made at this point. Charge amounts depend on the extent of work already completed. We will advise you in writing of any and all costs incurred prior to making changes or cancellations with us. You will be responsible for payment of those charges without dispute.
If you cancel your order with Totally Promotional prior to the commencement of production, you will be charged a fee for the work we have completed to place your order into production.
Totally Promotional cannot always guarantee products will be fulfilled once an order has been approved. Some items contain limited quantities that make completion impossible. In these cases, Totally Promotional has the complete discretion to cancel the order and perform a reverse funds transfer. If cancellation occurs, a Totally Promotional representative will work with you to provide applicable product alternatives.
Please note: Orders are extremely difficult to change or cancel after you have approved your order.
To request changes or to cancel your order, please fill out our Place A Ticket form.
A Guaranteed Delivery Date is the date you will likely receive your order when choosing rush production and/or rush shipping times. The order must be finalized by the cutoff time (Noon Eastern Standard Time.) Fees for rush services will be refunded if an order misses the Guaranteed Delivery Date. However, merchandise remains subject to the Product Return Policy. If a Guaranteed Delivery Date is chosen by you for your order, we reserve the right to increase/ decrease either production or delivery times to meet that Guaranteed Delivery Date. Totally Promotional attempts to produce and ship all guaranteed orders as quickly as possible to ensure each customer receives their order by that Guaranteed Deliver Date. If production time is shorter or longer than the customer chose, the delivery time will be adjusted accordingly to meet that Guaranteed Delivery Date.
Totally Promotional will not be held liable for any specific damages or consequential claims that exceed the invoiced value of the merchandise purchased if the merchandise is not delivered on a specified date or is delayed in transit based on circumstances beyond our control. Delivery dates are “estimates” made in conjunction with freight carriers. “Guaranteed” dates are also considered estimates and should not be mistaken for an absolute in hands date. Although, we promise to meet production deadlines, Totally Promotional is not responsible for delays due to our shipping carriers. Our products are sold Freight on Board (FOB) and are owned by the purchaser once they are picked up by the shipping company.
Products may be discarded during the manufacturing process that do not meet our factories' high standards. Sometimes extras are produced to ensure enough properly imprinted pieces to fill your order. We invoice for the exact quantity shipped. Usually the range is between 5 percent under and 5 percent over, but for certain products it can be 10 percent or higher. After your order ships, Totally Promotional will adjust your invoice or credit your account or credit card for the exact quantity delivered to you. Please be sure to order a large enough quantity in case there is an under shipment. This will ensure that you will receive an adequate quantity of products for your needs.
We cannot be held liable or in breach of contract via force majeure, an event or effect that cannot be reasonably anticipated or controlled, such as an act of God. Results of force majeure may include production or delivery delays. Examples of force majeure, without limitation, include acts of God, criminal acts, worker strikes, health epidemics, lockouts, riots, power failure, water shortage, weather conditions, fire or earthquake.
Any checks returned for insufficient funds that were submitted to Totally Promotional for payment of an invoice(s) will result in a $50 charge to the entity we issued the invoice(s).
At Totally Promotional we have both a duty to serve our customers as well as, ensure the safety and welfare of our staff. We are committed to high quality customer service by providing extensive means of communication. Customers have the ability to contact customer service reps, during service hours, with questions regarding their order. However, Totally Promotional will not tolerate unacceptable behavior on behalf of the customer. This includes, but is not limited to, verbally abusive language, harassing communications, and threats made towards sales representatives.
When a customer’s behavior is deemed unacceptable, Totally Promotional representatives are advised to communicate the intolerable nature of the conversation. If actions continue, representatives are required to terminate the conversation and limit further correspondence to email. A Representative may also notify the caller that the conversation is now being recorded as documentation of the encounter. In extreme instances, Totally Promotional may seek legal recourse for a customer’s actions. Totally Promotional may refuse future orders for repeat offenders. Providing a warning is considered a courtesy and is not guaranteed. Warnings shall be given at the representative’s discretion.
We will use your email address solely for the following purposes:
At times, for security reasons such as detecting intrusions in our network, we may review our server logs, which contain website visitors' IP addresses. If criminal activity is suspected, we may share our server information with the appropriate authorities so they may trace and ID suspected individuals.
Visitors are encouraged to browse our site as often as possible. At no time will we ask you to register your information until you request a sample or place an order with us.
You may be able to access, manage and/or update your personal information on our websites. However, in most cases you will need our assistance and we encourage you to contact us. We may ask you for additional information to verify your identity before helping you make changes to your personal information. Generally, we will provide you with access to make changes to your personal information, but we may limit or deny your request if the law permits or requires us to do so, or if we cannot verify your identification.
Totally Promotional uses “cookies” and other software programs to collect information, authenticate clients, provide time-saving shortcuts and support certain features on our websites. The information helps us learn how visitors use our sites, which pages they visit, the links they use and how long they visit each page. It also can help track the items in your shopping cart, prevent you from having to re-enter data into our system, prompt the settings you established on prior visits and personalize your shopping experience.
The information collected through our Web technology does not identify you personally and does not compromise your privacy or security. However, if you have created a user identity, for example, by signing up for a password-protected section of our websites, we may link this information to other data that personally identifies you.
To avoid receiving cookies, you may adjust your browser to reject them or alert you when a cookie is placed on your computer. You also have the option of deleting our cookies immediately after leaving our websites. You are not required to accept our cookies when visiting our websites. But if you set your browser to reject cookies, you will not have access to all of the features and functionality our websites offer.
The personal information we receive from you will only be shared when necessary for security, credit or fraud prevention or delivery purposes. Email addresses that you provide us will not be shared by us, unless required by law. When visitors request a sample or place an order, we will request minimal contact information consisting of your name, company name, phone, fax number, email address, and delivery and billing address.
If for strategic or other reasons we decide to sell, buy, merge or reorganize any or all of our businesses, the transaction may involve the disclosure of personal information to prospective buyers. If this happens, we will take reasonable measures to protect the personal information we disclose by requiring prospective buyers to sign a non-disclosure agreement that limits the use and protects the confidentiality of personal information.
We may in good faith disclose personal information when appropriate to comply with the law, a court order, subpoena or other legal action, possibly without notice to you. It also may be necessary to disclose personal information to prevent or aid in the investigation of a possible crime such as identity theft or fraud, to enforce or apply our Terms and Conditions or similar agreements, or to protect our own rights or property or the rights, property or safety of our users or others.
Shipping companies, fulfillment houses and our vendors will only be supplied your information on an as-needed basis to fulfill your order(s). This is generally limited to delivery addresses and recipient phone numbers, when needed.
The security of your personal information is important to us. We work daily to insure your order is processed with the utmost protection. We follow generally accepted industry standards to protect the personal information submitted to us during transmission and after we receive it. When you enter sensitive information, such as a credit card number, on our order forms, we encrypt it using secure socket layer (SSL) technology. We guarantee that we will never share your personal information with outside sources, except to the extent necessary to complete and deliver your order.
Despite our best efforts, no method of transmission over the Internet or method of electronic storage is 100 percent secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
We do not maintain a record of the credit/debit card you submit to us for payment once all order charges are complete. Submission of your card number to the appropriate credit/debit card company is via encrypted transmission. Each time you place an order with us, we will ask you for your current credit card information to protect your card's security.
In order to guarantee customer satisfaction, samples are available upon request. Please use the following link to receive your samples today!
**Limitations apply based on quantity and unit pricing. The sample program is considered a courtesy. Totally Promotional reserves the right to deny sample requests due to suspected malfeasance.