These Terms of Service ("TOS") govern the relationship between IDProductsource ("Supplier," "we," "us," or "our") and its distributors and resellers ("Distributor," "you," or "your") concerning the purchase and resale of promotional products supplied by IDProductsource. By placing an order with IDProductsource, you agree to be bound by these TOS.
IDProductsource supplies a variety of promotional products, including but not limited to lanyards, silicone wristbands, patches, challenge coins, lapel pins, drinkware, stickers, health products, home & travel items, general promotional products, tote bags, and lip balms.
2.1. Order Submission: All orders must be submitted through our designated ordering system or as otherwise agreed upon in writing. You are responsible for ensuring the accuracy of all order details, including product specifications, quantities, shipping information, and artwork.
2.2. Order Acceptance: All orders are subject to acceptance by IDProductsource. We reserve the right to accept or reject any order for any reason. An order is not binding until confirmed by IDProductsource in writing.
2.3. Minimum Order Requirements: Minimum order quantities may apply and will be communicated at the time of order or listed on our product pages.
3.1. Pricing: Product prices are as quoted by IDProductsource and are subject to change without prior notice. Prices do not include applicable taxes, shipping, handling, or other charges, which will be added to your invoice.
3.2. Payment: Unless otherwise agreed in writing, full payment is required upon order placement or as per the agreed credit terms.
4.1. Shipping Method: Products will be shipped via IDProductsource's preferred carriers unless otherwise specified and agreed upon in writing. Shipping costs are your responsibility.
4.2. Delivery Dates: Any delivery dates provided are estimates only and are not guaranteed. IDProductsource is not liable for any delays in delivery.
4.3. Risk of Loss: The risk of loss and title for products pass to you upon our delivery to the carrier. You are responsible for filing any claims with the carrier for damaged or lost shipments.
4.4. Inspection: You must inspect all shipments immediately upon receipt. Any claims for shortages, defects, or damages must be reported to IDProductsource in writing within 14 business days of delivery. Failure to do so constitutes acceptance of the products as delivered.
5.1. General Policy: All sales are final. Returns are generally not accepted unless the product is found to be defective due to our manufacturing process or an error in fulfillment by IDProductsource, and reported within the inspection period specified in Section 4.4.
5.2. Authorization: Any authorized returns must be accompanied by a Return Merchandise Authorization (RMA) number issued by IDProductsource. Products returned without an RMA number may be refused. What is your Product Return Policy?
6.1. Prop 65 Compliance by IDProductsource: IDProductsource is committed to complying with California Proposition 65 (The Safe Drinking Water and Toxic Enforcement Act of 1986). All products supplied by IDProductsource, where applicable, will comply with Prop 65 regulations.
6.2. Affixing of Prop 65 Warning Labels: IDProductsource will affix all necessary Prop 65 warning labels to relevant products before shipment to the Distributor. These labels are designed to inform consumers about potential exposures to chemicals listed under Prop 65.
6.3. Distributor Acknowledgment: You acknowledge and agree that products received from IDProductsource may arrive with Prop 65 warnings affixed to them.
6.4. Handling of Prop 65 and Other Warning Labels - STRICT PROHIBITION ON REMOVAL:
* Distributor Responsibility: You must not remove, obscure, alter, or deface any Prop 65 warning labels, product safety warning labels, identification labels, or any other labels affixed by IDProductsource to any product. This prohibition applies throughout the entire distribution chain under your control, up to the point of delivery to the ultimate end-customer.
* Sole Authorization for Removal: You acknowledge and agree that the sole party authorized to remove any Prop 65 warning label, product safety warning label, or other identification label affixed by IDProductsource is the final end-customer after they have legitimately received and taken possession of the product.
* Consequences of Unauthorized Removal: Any unauthorized removal, obscuring, alteration, or defacement of labels by you, your agents, employees, or any party within your supply chain prior to the product reaching the end-customer, constitutes a material breach of these TOS.
6.5. Indemnification for Label Tampering: You agree to indemnify, defend, and hold harmless IDProductsource, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your failure to comply with Section 6.4, including but not limited to any claims resulting from the unauthorized removal, obscuring, alteration, or defacement of Prop 65 warning labels or any other labels by you or any party in your supply chain prior to the product reaching the end-customer. You shall be solely responsible for any non-compliance or liability arising from such unauthorized actions.
ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IDPRODUCTSOURCE DOES NOT WARRANT THAT THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR THAT THEIR OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IDPRODUCTSOURCE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS; (C) ANY CONTENT OBTAINED FROM THE PRODUCTS; AND (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS SHALL IN NO EVENT EXCEED THE AMOUNT YOU PAID IDPRODUCTSOURCE FOR THE SPECIFIC PRODUCTS GIVING RISE TO THE CLAIM.
You acknowledge that all intellectual property rights, including copyrights, trademarks, trade names, and designs, associated with the products (excluding any intellectual property provided by you for custom orders) and IDProductsource's branding, logos, and website content, are owned by or licensed to IDProductsource. You agree not to use, reproduce, distribute, or create derivative works from any such intellectual property without our express written permission.
10.1. Governing Law: These TOS shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles.
10.2. Dispute Resolution: Any dispute, controversy, or claim arising out of or relating to these TOS or the breach, termination, or validity thereof shall be resolved through good faith negotiations between the parties. If the parties are unable to resolve the dispute informally, it shall be submitted to binding arbitration in Port Saint Lucie, Florida, in accordance with the rules of the American Arbitration Association. The decision of the arbitrator shall be final and binding upon both parties.
IDProductsource shall not be liable for any delay or failure to perform its obligations under these TOS due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
If any provision of these TOS is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
These TOS constitute the entire agreement between you and IDProductsource concerning the subject matter hereof and supersede all prior or contemporaneous communications, understandings, and agreements, whether oral or written.
IDProductsource reserves the right to amend these TOS at any time by posting the revised terms on its website or providing written notice to you. Your continued placement of orders after such changes constitutes your acceptance of the revised TOS.
For any questions regarding these Terms of Service, please contact IDProductsource at CustomerService@IDProductsource.com.