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Eco Marketing Solutions – Terms and Conditions
As a 3rd generation, women-owned family business that started in 1956, our goal is to continue to make ordering our promotional items as simple as possible "while delivering the highest value to you… and keeping you as a loyal, long-term customer that refers other business to us." We strive for 100% satisfaction on every order.
The use of the EcoMarketingSolutions.com website (this "Website") and the sale of products offered on this Website are governed by these terms and conditions, disclaimers, guidelines, and policies appearing on this Website. Your use of this Website in any manner, whether browsing, activating an account with us, or placing an order, constitutes your acknowledgement that you have read the Terms and Conditions and that you agree to follow and be bound by them. Eco Marketing Solutions reserves the right to modify or change the Terms and Conditions at any time without prior notice to you. Therefore, we recommend that you read them carefully each time you use this Website.
Submissions to EcoMarketingSolutions.com
Any remarks, suggestions, ideas, messages, and data submitted by you to Eco Marketing Solutions through this Website shall be and remain the exclusive property of Eco Marketing Solutions. Therefore, Eco Marketing Solutions discourages you from submitting messages that you do not wish to assign to Eco Marketing Solutions, including confidential information or any original creative materials such as product ideas or original works. You represent, warrant, and accept responsibility for the accuracy, appropriateness, and legality of the messages. Your submission of such messages shall constitute an assignment to Eco Marketing Solutions of all worldwide right, title, and interest in and to all copyrights and other intellectual property rights in the messages. Eco Marketing Solutions is entitled to use, copy, modify, disclose, distribute, and make derivative use of any of the messages for any purpose without restriction or compensation in any way to you.
Orders & Payment
Opening orders require a minimum product total of $1,000 (or the first column quantity, whichever is greater). Exact reorders require a $500 product minimum. First-time orders from EcoMarketingSolutions.com require prepayment in full unless prior arrangements have been made. We recommend the use of a credit card to facilitate rapid fulfillment of your order, but you may also use a company check, ACH transfer, or wire transfer. Please be aware that forms of payment that require funds to clear into our account can delay your order. We will not release orders to production or ship merchandise until our bank has cleared your funds.
Corporate Accounts & Payment Terms
We accept Visa, MasterCard, Discover, American Express, corporate checks, ACH transfers, and bank wire transfers. Payment must be made prior to order entry and production unless Net 30 corporate terms have been formally approved in writing.
A 2.9% merchant processing fee applies to credit card payments on order totals exceeding $2,000. Clients can avoid this processing fee by remitting payment via ACH, wire transfer, or corporate check. Returned checks are subject to a $35 NSF service fee.
Credit Cards & Surcharges
When paying by credit card, you will be charged 100% of the amount stated on your Order Acknowledgment plus applicable freight estimates and setup charges. Once the order has shipped, any final balance due or credit owed will be charged or refunded to your card as appropriate. Information regarding account numbers, expiration dates, and authorized signatures will be held strictly confidential by EcoMarketingSolutions.com and its authorized processing agents.
Credit Card Fraud Prevention Policy
Credit card fraud is one of the fastest-growing financial crimes in the United States. To protect both the cardholder and Eco Marketing Solutions, Inc., EcoMarketingSolutions.com has instituted a comprehensive fraud prevention protocol.
Purchasers should be aware that EcoMarketingSolutions.com captures transactional information concerning orders, including but not limited to time, date, IP address, and browser data, which may be used to locate and identify individuals attempting to commit credit or debit card fraud.
Eco Marketing Solutions, Inc. reserves the right to require photo identification, company authorization credentials, and signature confirmation prior to processing any credit card order. If requested verification is not provided within a reasonable timeframe, the order will be canceled. It is the policy of Eco Marketing Solutions, Inc. to vigorously prosecute fraudulent transactions and report unauthorized chargebacks to relevant law enforcement agencies. Once received and verified, all confidential hard-copy authorization records are destroyed in a secure manner.
Purchase Orders
A purchase order (PO) is a commercial document issued by a buyer to Eco Marketing Solutions, indicating the item specifications, quantities, and agreed pricing for merchandise to be produced. Sending a PO constitutes an offer to buy goods. Acceptance of a PO by Eco Marketing Solutions forms a binding agreement. No contract exists until a signed PO or written Order Acknowledgment is formally accepted by Eco Marketing Solutions.
Purchase orders are accepted from verified corporations, educational institutions, healthcare systems, and government agencies with approved credit. Submitting a PO affirms your corporate agreement to remit payment for all ordered merchandise, setup fees, and shipping charges. The PO itself does not constitute final payment.
Net 30 Terms
If credit terms are formally approved, invoices are due Net 30 days from the invoice date. Past-due balances are subject to a 1.5% monthly finance charge (18% per annum) or the maximum legal rate allowed by law. In the event default occurs, the purchaser agrees to pay all reasonable collection agency fees, legal expenses, and attorney fees incurred in the collection of delinquent balances.
Sales Tax Policy
Eco Marketing Solutions is required by law to collect all applicable state and local sales taxes on orders delivered to New York, California, Texas, New Jersey, and Florida. Tax amounts are calculated based on the destination delivery address, applicable shipping and handling fees, and prevailing state or municipal tax rates.
Clients located in jurisdictions where Eco Marketing Solutions does not collect sales tax may be required to remit state and local use taxes directly to their respective state departments of revenue. Please consult your accounting professional or tax advisor regarding your local reporting responsibilities.
Tax-Exempt Organizations & Resellers
Companies, nonprofit organizations, educational institutions, and commercial resellers exempt from sales tax must submit an official, valid state resale certificate or tax-exempt exemption certificate prior to order placement and billing. Exemption documentation should be submitted directly to lauren@ecomarketingsolutions.com. Taxes billed prior to receiving approved state certificates cannot be refunded or credited retroactively.
Artwork Approval, Digital Proofs & File Requirements
Accurate imprinting requires clean, high-resolution vector artwork. Artwork files must be submitted in vector EPS, AI, or vector PDF format with all fonts and typography converted to outlines or curves. Placed raster images (JPEG, PNG, or GIF) embedded inside a vector file do not constitute production-ready vector art and may incur artwork recreation fees.
For all standard orders, Eco Marketing Solutions provides an electronic digital proof illustrating imprint dimensions, placement, and color breakdowns. Production schedules and factory ship dates do not take effect until formal written proof approval is received. Delays in proof sign-off will automatically push back estimated delivery dates.
Proof Sign-Off Responsibility: Please inspect all digital proofs thoroughly before signing off. Your written approval (via email or electronic signature) constitutes complete acceptance of the layout, copy, font, spelling, punctuation, and imprint positioning. Eco Marketing Solutions cannot be held liable for any typographical errors, misspellings, or layout discrepancies that were depicted on an approved digital proof. Once a proof is approved, production begins immediately and changes cannot be made without incurring factory reprint costs.
PMS Color Matching
PMS (Pantone Matching System) color matching is available on many items for an additional factory service fee. Factories make every effort to closely match specified coated PMS spot colors. However, because product substrates vary widely (including sustainable bamboo, wheat straw, organic cotton, recycled plastics, metals, and colored fabrics), an exact 100% color match cannot be guaranteed, particularly on non-white, natural, or textured surfaces.
Rush Service
When working on urgent deadlines, Eco Marketing Solutions offers select expedited items that can be produced and transferred to the carrier within 3 to 5 business days. Contact us directly at lauren@ecomarketingsolutions.com or 512-299-5375 for immediate rush assistance.
Rush orders often incur factory expediting surcharges, air freight expenses, and artwork complexity limitations. Artwork for rush orders must be supplied in production-ready vector format with fonts outlined. On ultra-rush production schedules (under 5 days), physical or digital paper proofs may not be feasible; production will proceed using your submitted vector art interpreted to standard factory specifications.
Shipping, Carrier Transit & Delivery Terms
FOB Origin / Factory Shipping:
All orders ship FOB Factory (Origin). Title and risk of loss transfer entirely to the purchaser once merchandise is accepted into the custody of the common carrier (typically UPS, FedEx, DHL, or dedicated freight lines).
Production Ship Dates vs. Carrier Transit:
Eco Marketing Solutions guarantees that orders will be completed and tendered to the selected carrier on or before the agreed factory ship date confirmed on your Order Acknowledgment. Factory delivery dates and transit times are good-faith estimates provided by freight carriers. Eco Marketing Solutions is not liable for carrier delivery delays, missed in-hands event dates, mechanical disruptions, international customs delays, or adverse weather events beyond our operational control. Expedited air transit is strongly recommended for all time-critical event deadlines.
Freight Charges & Third-Party Accounts:
Freight charges are billed based on carrier dimensional weight, carton count, fuel surcharges, insurance, and delivery accessorials (e.g., liftgate, residential delivery, or inside delivery fees). If you request billing to your own third-party UPS or FedEx account, you assume full responsibility for insuring the shipment, filing carrier loss claims, and resolving any freight billing disputes.
Drop Shipments & Address Accuracy:
For distribution programs, employee onboarding kits, and multi-address drop shipments, the purchaser is solely responsible for supplying accurate, complete delivery addresses in our required spreadsheet template. Any carrier address correction fees, rerouting surcharges, residential reclassifications, or returned carton fees billed by carriers will be invoiced to the client’s account.
Damaged Freight & Carton Shortages:
Please inspect all cartons immediately upon delivery before signing carrier receipts. If visible carton damage exists, instruct the delivery driver to note "Damaged Outer Packaging" on the delivery receipt or scanner. Retain all original shipping cartons and interior packaging materials. Any claims for transit-related damage or concealed shortages must be documented with digital photos and submitted to lauren@ecomarketingsolutions.com within 5 business days of delivery receipt.
Cancellations and Alterations to Existing Orders
Because custom imprinting and production schedules move quickly, cancellation or alteration requests must be submitted in writing via email to lauren@ecomarketingsolutions.com. Verbal cancellations are not accepted. Once an order is scheduled into production, the purchaser is responsible for all costs incurred up to the point of cancellation, including setup fees, art preparation charges, restocking fees, and completed merchandise.
Claims, Adjustments and Returns
Custom decorated merchandise cannot be returned once imprinted, embroidered, or packaged, except in cases of factory defect or manufacturing imprint error. All claims for shortages, damaged goods, defective merchandise, or imprint errors must be reported in writing within 5 business days of delivery receipt. Claims submitted after this 5-day window cannot be honored.
Please inspect all cartons immediately upon delivery. To file a claim, email lauren@ecomarketingsolutions.com with your order number, a clear description of the issue, and supporting digital photos showing the defect or imprint variance. Unauthorized returns will be refused. When a return or adjustment is approved, Eco Marketing Solutions will provide a Return Merchandise Authorization (RMA) number along with specific factory routing instructions.
Adjustments: On verified product shortages or minor carrier transit losses, Eco Marketing Solutions reserves the right to issue a financial credit for the shortage amount rather than remanufacturing a partial run.
Overruns and Underruns (Overages and Shortages)
Due to the high-speed nature of custom decorating equipment and rigorous factory quality control inspections, industry-standard manufacturing variances of up to ± 5% to 10% may occur on select customized production runs.
Orders will be billed or credited based on the exact quantity shipped. For higher-value sustainable tech products and executive gifts, Eco Marketing Solutions makes every effort to ship exact quantities ordered. If your corporate event or distribution list requires an exact count with zero under-delivery, please notify us in writing prior to order confirmation so an exact-quantity run can be specified with the factory (additional manufacturer surcharges may apply).
Merchandise Consistency
We encourage clients to review physical samples before placing bulk orders. Physical samples are representative in nature. While we partner with reputable manufacturers, minor manufacturing variations in natural material grain, recycled material textures, dye lots, surface finishes, packaging, and composite materials are standard industry occurrences. By placing an order with EcoMarketingSolutions.com, you agree to accept merchandise within commercially acceptable manufacturing tolerances.
Product Samples & Pre-Production Proofs
Random & Blank Evaluation Samples:
To assist in evaluating product weight, build quality, and materials prior to bulk production, samples are available upon request for qualified corporate buyers. Due to the value of sustainable drinkware, recycled apparel, and eco-tech accessories, sample units are billed at end-column unit pricing plus applicable freight. If an order meeting our minimum order quantity is placed for that specific item within 30 days of sample shipment, the product cost of the sample unit will be credited toward your final production invoice (freight charges are non-refundable).
Sample Shipping:
Sample orders ship via UPS Ground or FedEx Ground. Clients may provide their corporate shipping account number to cover carrier transit costs, or freight will be billed directly to the credit card on file.
Pre-Production Decorated Samples:
A pre-production sample consists of a single finished unit decorated with your specific custom artwork prior to running the complete bulk order. Pre-production proofs incur standard screen, laser, or setup charges, individual sample running charges, and expedited freight. Because pre-production samples require a dedicated machine setup and decorator run, these charges are non-refundable even if the full bulk order is subsequently canceled or altered.
Site Images & Product Display
We endeavor to provide clear, color-accurate product images on our website. However, computer monitors and display devices represent colors and textures differently based on individual screen calibration and lighting. We urge clients to order physical samples if exact material feel or subtle color tone is critical. Eco Marketing Solutions cannot be held responsible for perceived color variances between online screen previews and physical products.
Use of Trademarks & Display Rights
Logos and brand trademarks shown on products throughout this website appear strictly to illustrate decorating capabilities, imprint locations, and product quality. Display of these marks does not imply endorsement by, sponsorship by, or commercial affiliation with the trademark owners, nor does it imply that Eco Marketing Solutions owns the intellectual property rights to those marks.
By submitting an order to us, you grant Eco Marketing Solutions permission to photograph and display finished decorated items containing your corporate mark in our online portfolio, digital catalog, trade marketing, and promotional case studies, unless you expressly decline this permission in writing at the time of order placement.
Customer Intellectual Property Representations & Indemnification
By submitting an order for custom-decorated merchandise to EcoMarketingSolutions.com, you represent and warrant that you hold the unrestricted legal right, authorization, and license to use, reproduce, and distribute all trademarks, service marks, logos, copyrighted artwork, and slogans provided for reproduction.
You agree to defend, indemnify, and hold harmless Eco Marketing Solutions, Inc., its directors, officers, employees, affiliates, successors, assigns, and representatives from and against any claims, damages, liabilities, judgments, settlements, costs, and expenses (including reasonable attorney fees) arising from any claim of trademark infringement, copyright infringement, unauthorized licensing, or improper use of artwork provided by the purchaser.
Special Offers & Promotional Coupons
Unless explicitly stated otherwise in written promotions, all special offers are subject to the following standard criteria: offers may only be redeemed once per customer, cannot be combined with other discounts, and apply only to product merchandise totals (excluding freight, setup fees, rush fees, and applicable sales taxes). Promo codes must be presented at the time of order placement.
Website Use & Intellectual Property
All website layout, graphics, text, icons, software, and collective content on EcoMarketingSolutions.com are copyrighted assets of Eco Marketing Solutions, Inc. You are granted permission to view and print pages of this website solely as a commercial purchasing resource for your business. Modifying, reproducing, framing, scraping, or distributing content from this site for other commercial uses without prior written authorization is strictly prohibited.
Limitation of Liability
IN NO EVENT SHALL ECO MARKETING SOLUTIONS, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, OR REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, EVENT CANCELLATION, LOSS OF DATA, OR REPUTATIONAL HARM) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE, PRODUCTION DELAYS, OR ANY PRODUCTS ORDERED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF ECO MARKETING SOLUTIONS FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO ANY PURCHASE, MERCHANDISE, DELAY, DEFECT, OR BREACH SHALL NOT EXCEED THE ACTUAL AMOUNT PAID BY THE CUSTOMER TO ECO MARKETING SOLUTIONS FOR THE SPECIFIC ORDER GIVING RISE TO THE CLAIM.
Disclaimers
ALL CONTENT, SERVICES, AND MERCHANDISE OFFERED ON THIS WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ECO MARKETING SOLUTIONS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED.
TO THE FULL EXTENT PERMISSIBLE BY LAW, ECO MARKETING SOLUTIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ECO MARKETING SOLUTIONS DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR EMAILS SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ECO MARKETING SOLUTIONS DOES NOT ASSUME LIABILITY FOR MANUFACTURING OR DECORATION VARIANCES WITHIN REASONABLE FACTORY TOLERANCES, NOR FOR LOSSES OR DELAYS CAUSED BY COMMON CARRIERS, CUSTOMS AUTHORITIES, ADVERSE WEATHER, RAW MATERIAL SHORTAGES, OR OTHER CIRCUMSTANCES BEYOND OUR DIRECT OPERATIONAL CONTROL.
Enforcement & Governing Law
By accessing this Website or submitting an order, you agree that all matters relating to your access, use of this Website, and purchase of products shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles. Any legal action, suit, or proceeding arising out of or related to these Terms and Conditions or transactions with Eco Marketing Solutions shall be instituted exclusively in the state or federal courts located in Travis County, Texas.
California Proposition 65
California Proposition 65 requires special notification for products containing chemicals recognized by the State of California to cause cancer, birth defects, or other reproductive harm. Eco Marketing Solutions works with suppliers who adhere to applicable federal and state product safety standards. Where required by California regulations, merchandise delivered to California addresses will include appropriate Proposition 65 warning labels on packaging or individual units.
Severability & Miscellaneous
These Terms and Conditions constitute the entire legal agreement between you and Eco Marketing Solutions with respect to transactions conducted through this Website. If any provision of these Terms is determined by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, that specific provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.