Terms of service
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable laws. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Engrave With Purpose. The collective work includes works that are licensed to Engrave With Purpose. Copyright 2020, Engrave With Purpose
ALL RIGHTS RESERVED.
Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with the Engrave With Purpose or purchasing Engrave With Purpose products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Engrave With Purpose or to purchase Engrave With Purpose products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited unless authorized by Engrave With Purpose. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All Engrave With Purpose trademarks, service marks and trade names used in the site are trademarks or registered trademarks of Engrave With Purpose. All trademarks and registered trademarks are the property of their respective owners.
In the event that a Engrave With Purpose product is mistakenly listed at an incorrect price, Engrave With Purpose reserves the right to refuse or cancel any orders placed for a product listed at the incorrect price. Engrave With Purpose reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Engrave With Purpose shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Engrave With Purpose without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Engrave With Purpose may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Engrave With Purpose.
Your use of this site shall be governed in all respects by the laws of the state of Florida, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Engrave With Purpose products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Engrave With Purpose products) must be commenced within one (1) year after the claim or cause of action arises. Engrave With Purpose s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Engrave With Purpose may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including Engrave With Purpose or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Engrave With Purpose does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Engrave With Purpose is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Engrave With Purpose reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Engrave With Purpose in its sole discretion.
You agree to indemnify, defend, and hold harmless Engrave With Purpose, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Engrave With Purpose may link to sites operated by third parties. However, even if the third party is affiliated with Engrave With Purpose, Engrave With Purpose has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Engrave With Purpose. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Engrave With Purpose seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Terms and Conditions of Sale
“Products” means the parts, goods, and/or services purchased by the customer (Buyer) to Iconic Engrave With Purpose(company).
Terms and Conditions
Unless otherwise agreed to in writing prior to order placement, Engrave With Purpose’s terms and conditions detailed herein, together with any other specified terms on Engrave With Purpose’s Quote and/or Sales Order Confirmation, apply to all transactions and shall be the sole governing terms and conditions.
Pricing is subject to change prior to order placement and is exclusive of all present or future sales, revenue or excise tax, value added tax, turnover tax or any other tax or duty applicable to the manufacture or sale of any product. Such taxes, when applicable, shall be paid by the Buyer unless the Buyer provides a valid tax exemption certificate. All freight charges F.O.B. in and collect out unless otherwise agreed. Prices are subject to change anytime for any reason and will become effective after a written notice to the Buyer. All prices are in US Dollars (USD).
Payment is due at time of product order unless otherwise agreed in writing.
Delivery & Title
All delivery and pick-up dates are approximate dates, unless otherwise directed by our customer in writing at time of order. Engrave With Purpose is not bound, obligated or in anyway liable for meeting estimated dates. Delivery of product either early or late are to accepted by the customer. Engrave With Purpose reserves the right to make partial or installment deliveries. Engrave With Purpose will be held harmless for any monetary penalties or payments based on failure to meet promised or approximated delivery dates. Engrave With Purpose will arrange for shipment of Products to the customer, Free On Board (FOB) shipping point, meaning title to the Products and risk of loss passes to the customer upon tender to the carrier. The Buyer shall be responsible for any change in shipping documentation and/or specifications. The recipient is responsible for any duties, tariffs, and/or taxes.
NEVER SIGN FOR ANY PACKAGE BEFORE YOU INSPECT IT.
You must look at the package(s) to see if there is any damage. We recommend that you open each package regardless of the exterior of the carton(s) look like since there can be concealed damage. Once you signed for package(s) it becomes your sole responsibility. If the driver will not let you open the package(s) then fully inspect the outside of each carton and note any damages on the bill of landing such as the following: “Driver would not allow inspection prior to signing”. If there is sign of damage it is your discrete to received the package(s) or refuse it. If you are intentionally refused the shipment you are RESPONSIBLE for any additional shipping fee that may occurs. However, the damaged is too obvious please document as much as possible including taking pictures if it is necessary and refuse the shipment and call us immediately. All damages claims must be filed within 48 hours of delivery. No claim can be processed after that time. IF YOU DO NOT MAKE NOTE OF DAMAGES ON THE DELIVERY TICKETS OR FOLLOW OUR GUIDELINES, IT BECOMES YOUR SOLE RESPONSIBILITY AND IT UP TO YOU TO FILE THE CLAIM WITH THE CARRIER.
Cancellation and Changes
Orders shall not be canceled and/or changed unless authorized by Engrave With Purpose. Orders for stock items can be canceled up to 24 hours after your order has been placed as long as the item has not be packaged, boxed and/ or shipped from the factory. Customized orders CANNOT be cancelled once placed, this is no exception. Additional charges may be applied based on cancellation and/or change to the original order.
Artwork & Photographs
Unless requested otherwise, we will process your design exactly how it appears in the digital file. We will always check over your file and let you know if we notice any obvious issues. However, we are not responsible for ensuring that your design doesn’t contain parts that won’t engrave, etch, or imprint well.
By submitting an artwork, logo or photograph for use in a custom product to Engrave With Purpose you certify that you have the right to use the artwork, logo or photographs in your files. You agree not to supply Engrave With Purpose any items consisting of the following: material that could give rise to any civil or criminal liability; and any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights. You accept full legal liability for the content of material processed and printed on your behalf and under your instructions.
Engrave With Purpose reserves the right to use submitted artwork and/or photographs of final products for marketing, including but not limited to: website, social media, printed materials, and advertisements.
All customized product sales are final. Engrave With Purpose will reproduce your order if we verify that we made an error. We must be notified within 24 hours from delivery of any defects. We may request that you return 100% of a defective order within 5 business days before we agree to redo your order.
Liability for errors
We are not liable for errors committed by you during the course of personalizing a product. These errors, though not limited to, may be a result of the following: misspelling, bleeds, grammar, punctuation, or image resolution. We are not liable for customer supplied items that may have special coatings, lack of protective coatings, or other materials, known or unknown that may be marred, damaged or destroyed by any and all processes used in the engraving, marking, cutting, cleaning, storage or any other process used in the production of a customized item in our possession.
Customer Supplied Parts: Storage & Packaging
Engrave With Purpose reserves the right to modify the order based on the number of parts supplied. Unless otherwise agreed, all customer-supplied parts shall be packaged in their original containers/boxes in a manner suitable for re-shipment to the end destination. If the customer does not, in Engrave With Purpose’s opinion, supply suitable packaging the customer agrees to pay for additional packaging materials. While Engrave With Purpose will do it’s best to properly package parts, Engrave With Purpose is not liable for damage that may occur in the storage of items or shipping to the customer. All containers/boxes shall be labeled with the customer name, part, quantity and Purchase Order if applicable.
Unless stated otherwise, this site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Engrave With Purpose disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Engrave With Purpose does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Engrave With Purpose does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Note: Products sold by Engrave With Purpose which do not bear Engrave With Purpose’s Brand name(s) are serviced and supported exclusively by their manufacturers in accordance with any terms and conditions package with the products. Any Engrave With Purpose Warranty does not apply to products that are not Engrave With Purpose -Branded, even if packaging is sold with Engrave With Purpose products.
For customized products, Engrave With Purpose’s liability is limited to the cost of the value added by Engrave With Purpose to the part. Engrave With Purpose’s value-added service shall be free from defects in material and workmanship for a period of 14 days from date of shipment. This warranty is limited to the direct Buyer only and is not extended to any third party. Engrave With Purpose is not liable for the cost of the customer-supplied parts or any associated freight cost. Any other warranties express and/or implied are null and void. The Buyer is solely responsible for product design and performance.
Claims and Actions
Engrave With Purpose is not liable for incorrect counts or shortages in shipping to a customer or receiving from a customer of customer-supplied parts or products. Engrave With Purpose is not responsible for customer-supplied product that may be lost, damaged, or destroyed regardless of the reason for the said loss, damage, or destruction. The Buyer shall not return any non-conforming goods without written notification to Engrave With Purpose. Engrave With Purpose will reject any unauthorized returns and the Buyer will be responsible for all associated costs and expenses, including freight costs, and will bear the risk of loss or damage to such products. Engrave With Purpose, at its sole discretion, may accept or reject the claim after inspection of returned products at its facility. Engrave With Purpose’s policy is credit and replace after acceptance of a claim.
Limitation of Liability
Engrave With Purpose shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Engrave With Purpose has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Limitation of Liability: Customized Products
Engrave With Purpose, at its option, shall repair and/or rework defective parts or refund the value-added cost of the purchase price. In no event shall Engrave With Purpose be liable for any special, indirect/direct, incidental or damage arising out of the sale. In no event shall Engrave With Purpose’s liability under any claim exceed the value added of the work performed on the parts by Engrave With Purpose. Engrave With Purpose is not responsible for, and does not insure, customer supplied items or any other objects or tools supplied by the customer and held at Engrave With Purpose’s location from fire, theft, water damage or any other hazards. It is the customer’s responsibility to ensure their property while located in Engrave With Purpose.
Buyer’s Obligation: Rights to Seller
Buyer shall follow terms and conditions in order to settle monies owed. Engrave With Purpose shall retain a security interest in products supplied until payment is received under the Uniform Commercial Code. Engrave With Purpose shall have a security interest in, and lien upon, any property of the Buyer’s in its possession to secure payments of monies owed.
In the event of contingencies beyond the reasonable control of Engrave With Purpose, the obligation of Engrave With Purpose shall be suspended, and quantities so affected may be eliminated from the contract without liability. If Engrave With Purpose invokes Force Majeure, Engrave With Purpose shall give prompt notice of, and utilize best efforts to terminate or remove, the Force Majeure conditions.
This agreement contains the entire agreement between Engrave With Purpose and the Buyer and constitutes a final, complete, and exclusive expression of the terms of the agreement.
Waiver and Severability
Failure to enforce any provision of this agreement will not waive that provision nor will any such failure prejudice Engrave With Purpose’s right to enforce that provision in the future.
Engrave With Purpose reserves the right to cancel this agreement for any reason at any time.
This agreement and the sale and delivery of products shall be deemed to have taken place in and shall be governed and construed in accordance with the laws in the State of Florida. Disputes between the parties shall settled by arbitration first, unless both parties agree in writing.
Changes to the Terms
Engrave With Purpose reserves the right to modify these Terms from time to time at our sole discretion and without any notice. Changes to our Terms become effective on the date they are posted and your continued use of this sited and any changes to Terms will