Terms and Conditions
USE OF THE WEBSITE & PROHIBITIONS
The website allows you to shop and purchase online through various means including via email. However, you are prohibited to do the following acts, including: (a) use our sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools (b) mining or collecting information about users’ personal information; (c) manipulating the price of any item or interfering in any way with the operation of the website. (d) take any action that may damage the rating system or business in any way.
For you to complete the sign-up process on our website, you must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process or orders. You must qualify that you are 18 years or older and must be responsible for keeping your password secure and be responsible for all activities and contents that are uploaded under your account. You must not transmit any worms or viruses or any code of a destructive nature.
PAYMENTS AND PROCESSING OF INVOICES
Amaze Awards has the sole description to provide the terms of payment. Unless otherwise agreed, payment must first be received by Amaze Awards prior to the acceptance of an order. Unless credit term has been agreed upon, payment for the products shall be made by credit card, debit card, PayPal, or bank transfer. Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice. Unless otherwise noted, all invoices are required to be paid to start production on custom products. Any order may be invoiced separately. Amaze Awards has all the discretion to cancel or deny orders. Amaze Awards is not responsible for pricing, typographical, or other errors in any offer by Amaze Awards and reserves the right to cancel any orders arising from such errors. For all but consumer purchases, Amaze Awards reserves the right to charge you a late penalty charge of 1% per month applied against undisputed overdue amounts or the maximum rate permitted by law whichever is less. Every 30 days thereafter, you will continue to be charged an additional late penalty charge. Until such time that late payment orders are paid, products may be delayed in delivery with no notice to customer.
All sales on custom products are final. We do not have to provide a refund if you have changed your mind about a particular purchase, so please choose carefully. Many of our custom products are hand-made or involve hand processing and as a result, will differ slightly from piece to piece and are not capable of matching the print 100%. Slight variations, as defined as aesthetic differences on 5% or less of the product are considered normal and therefore acceptable. Additionally, if there is any issue surrounding colors or other design elements and something is not expressly detailed, Amaze will attempt to match approved images and files received from client but client is responsible for clarifying these elements before production begins. If the goods are faulty, please let us know within 5 days of receipt if you are unhappy with your products and we will gladly help.
In order to process this type of request, we must receive the goods in question to our USA office, and the shipping must be paid by the customer. After we receive the items in question we will inspect for defects in quality, manufacturing, and deviation in color or design. We will only issue a refund if 6% or more of the total ordered products fail inspection. Please keep in mind that these are hand-made items.
If goods are found to be within the 5% margin of error for hand made products, we will ship them back to you and charge you the shipping costs for returning your goods to you.
If goods are found to be defective during our inspection, we will remake the products and ship the new products to you at no cost. Production time for remakes is usually 15-20 days unless otherwise agreed upon in writing. Shipping times is dependent on your original shipping method. You may opt to place a rush on the shipping at an additional cost.
For canceled orders, there is a 10% cancellation fee which is only applicable before production starts. This fee covers the costs and fees associated with transactions and processing fees. Orders that have already started production are not cancellable. Thank you for your understanding.
RISK OF LOSS
All items purchased from our website or any other method are made pursuant to a shipment contract. We offer Incoterms 2020 DDP shipping for all international shipments unless otherwise detailed in the order/invoice. Accordingly, the rules and responsibilities following the shipment method/terms must be managed by the parties as appropriately defined to ensure the delivery and minimize the risk accordingly.
PRODUCT PRICING & DESCRIPTIONS
Any price displayed for products on our website represents the full retail price listed on the product itself, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the price may represent “open-stock” prices, which means the aggregate of Amaze Awards estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our partners, the price may be provided by the partner. In cases of mispricing or estimated pricing in our catalogs in which the item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notice you of such cancellation.
With regards to our pricing guarantee, it is subject to orders of at least 300 pieces unless otherwise specified in the terms and conditions here in this document. In addition, it applies only to manufacture’s located in the United States of America. Suppliers outside of the USA, or those that produce their products in other countries are not covered in our guarantee. Furthermore, the price guarantee only applies to inquiries before purchase, once a purchase is made we will not change our pricing, and any cancelation may incur a fee as stated in this document.
We do not warrant those product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. Please always discuss directly with us before ordering to answer all your questions before ordering to ensure the item is as expected.
ACKNOWLEDGMENT OF RIGHTS
By using or shopping from this website or through email and phone, buyer asserts that they own, licensed, or have purchased rights to any and all registered trademarks and copyrighted images, logos or content contained within their artwork reproduced by Amaze Awards. With full knowledge of the above, the Buyer hereby releases and shall indemnify and hold harmless Amaze Awards and its successors, legal representatives, licensees and assigns from any and all claims or damages resulting from or associated with the use of the artwork. You hereby acknowledge that all rights, titles, and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that you will not acquire any right, title, or interest in or to the program except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through the use of or access to the Program or proprietary information related thereto.
Amaze also produces artwork according to customer requests. This artwork remains the property of Amaze Awards at all times and is for use only on the intended artwork which is produced by Amaze. If a customer wishes to purchase the design for use on other materials they should request Amaze to quote said design and after purchasing the rights will transfer to customer.
In addition, customers also grant Amaze Awards the right to use associated artwork, products, and similarly designed items for any purpose as it relates to advertising and information sharing unless specifically noted and confirmed by Amaze or customer in writing before production. In the event customer wants to discontinue granting the rights, Amaze will attempt to discontinue use where possible in timely fashion. If there is an associated cost related to this, we will inform you for your consideration.
EDITING, DELETING, AND MODIFICATION
We may edit, delete, or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, and by posting a notice or a new agreement on our site. YOUR CONTINUED PARTICIPATION IN OUR PROGRAM, VISIT AND SHOPPING IN OUR SITE, OR THROUGH EMAILS AND PHONE CALLS FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
FRAUDULENT ACTIVITIES are highly monitored on our site and if fraud is detected AMAZE AWARDS shall resort all remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.
WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY
We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program, or purchase of our products will not exceed $2,000USD or the total price of the subject products paid or payable to you, whichever is less.
In addition, we produce items for the use they are intended for, and you accept full responsibility for making sure products are safe, used only for the intended purpose, and will not be given to anyone that should not have them, and includes but is not limited to the whole or part of an item that may or may not be suitable for children or any other person, animal, or otherwise.
We make no express or implied warranties or representations with respect to the Program or any products sold and offered in our website (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. This site and its information, contents, materials, products, and services are provided on an “as is” and “as available” basis. You and understand and agree that your use of this site is at your own risk.
DELAYS IN ORDER DELIVERY
AMAZE AWARDS will always give 100% to make sure we deliver in time for your event. AMAZE AWARDS will NOT be responsible for delays caused by:
CUSTOMS – Our products are hand-manufactured and imported. Customs (the US and other countries) from time to time inspect international shipments at random. If your products are held for a customs inspection, we will not be responsible for any delays.
SHIPPING – Because our products are imported, we cannot be held responsible for delays incurred AFTER we have given the products to our international shipping carrier. Weather, War, Changes in international shipping laws, and carrier delays can all cause your order to arrive late. Please give yourself enough time for production and shipping your product. AMAZE AWARDS will not be responsible for carrier and shipping delays. In addition, sometimes Amaze uses currier service agents to support the speed of transportation. If we use this type of service for an order, we can only supplier the accurate tracking information once the agent has arrived in the destination country. As such, we will only supply domestic shipment tracking details. Finally, Amaze ships without signature confirmation required. Customers who require signature confirmation on packages must request this in writing, and have it confirmed by Amaze before the order is placed.
CHANGES – Including additions and various other change requests to your order, Amaze Awards will not be responsible for delays in production caused by the client making changes to the design, adding additional quantity, or requests for pre-production samples or ship date changes made after the order is accepted by Amaze through any form of payment.
FORCE MAJEURE – Including other unforeseeable issues that cause Amaze Awards to be unable to fulfill the order on time.
AMAZE AWARDS is ONLY responsible for delays resulting in late delivery to the shipping carrier. Our maximum liability for shipping delay is 1% of the order price per day, up to 20% maximum of the total price, from the day you receive the full product order, compared to the original delivery deadline. This will be calculated based on agreed terms as discussed by the parties if any delay is known.
You agree not to disclose information you obtain from us and or from our clients, advertisers, and suppliers. All information submitted to by an end-user customer pursuant to a Program is proprietary information of Amaze Awards. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
Failure of Amaze Awards to insist upon strict performance of any of the terms, conditions, and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions, and covenants shall continue to be in full force and effect.
No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
This Agreement shall be governed by and construed in accordance with the substantive laws of the United States of America, without any reference to conflict-of-laws principles.
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Washington State, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.
The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein.
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.