AGREE TO THE TERMS & CONDITIONS STATED BELOW. MIEDEMA ENTERPRISES INC./ DBA GIANT PROMOTIONS RESERVES THE RIGHT TO CHANGE, MODIFY OR AMEND THESE TERMS AND CONDITIONS WITHOUT ANY NOTICE.
LIMITATION OF LIABILITY
In no event shall MIEDEMA ENTERPRISES INC./ DBA GIANT PROMOTIONS. or its licensors, suppliers, or vendors, their officers, directors, employees, or agents, be liable for any special, incidental, indirect, or consequential damages of any kind, or for any damages whatsoever resulting from loss of use, data or profits, whether or not Miedema Enterprises Inc./ DBA Giant Promotions. has been advised of possibility of the damage, arising out of or in connection with the use or performance of the site or of failure to provide services that you order from Miedema Enterprises Inc./ DBA Giant Promotions. or its affiliates, including without limitation, damages arising from mistake, omission, virus, delay, or interruption of service. In no event shall Miedema Enterprises Inc./ DBA Giant Promotions. be liable or responsible for any damages or consequences arising from or related to your inappropriate or unauthorized use of the site or its content.
OFFICE HOURS
Miedema Enterprises Inc./ DBA Giant Promotions.’s office hours are 8:30 AM to 4:00 PM Monday – Thursday & Friday 8:30 AM to 12:00 PM EST. Excludes National Holidays.
TURNAROUNDS
No orders will be processed until FULL payment is rendered, unless other arrangements have been made directly with a customer service representative. In addition, large orders may require additional processing time. All of our “Standard Sale in a Box Kits” have an average processing time of two (2) to five (5) business days.
Customer orders will require more time and direct contact (phone or email) with a customer service representative. Various other factors such as equipment failures, technical difficulties, large production days, or anything else outlined under the “ORDER SHIPPING AND DELIVERY” section of this document may impede on our turnaround time.
RETURNS / REFUNDS
All Sales Are Final. If we verify that we made an error, we will issue a replacement.
No Refunds will be issued.
Customer must notify Miedema Enterprises Inc./ DBA Giant Promotions. within 2 business days of order acceptance to notify any defects discovered in the ordered product or the claim will be denied. In order to receive replacement Customer must return 100% of the received product within ten (10) days (on their own expense) from the time when the ordered product was accepted.
We will only take products back if there are defects.
A photograph of the problem may be required for documentation purposes and/or for proper assessment of the problem.
If your package arrives damaged, we suggest reporting the damage to your UPS driver. Make sure to take photos of the damage to the package as well as the damage to the product. If we are not given proper documentation to file a claim (photos of the product AND package), the claim and reorder will be the customer’s responsibility and we cannot guarantee that you will be reimbursed for your order by UPS.
We cannot guarantee any warranty on damage after the product has been accepted.
If an exchange is authorized and return of the product is requested, product must be returned within ten (10) business days. We reserve the right to flag your account and/or charge your account for the replacement if the product is not returned.
GOVERNING LAW
Miedema Enterprises Inc./ DBA Giant Promotions. is based in Lecanto, FL and all transactions take place on Miedema Enterprises Inc./ DBA Giant Promotions.’s. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in Lecanto, FL. You agree to submit to the jurisdiction of the city of Lecanto, the county of Citrus, the state of Florida and the United States of America, their courts and agree that venue in these courts is proper in any such legal action or proceeding.
ACCOUNT INFORMATION
All account information submitted during the account creation process is subject to be used by Miedema Enterprises Inc./ DBA Giant Promotions. for marketing/advertising purposes within the Miedema Enterprises Inc Family of companies. Miedema Enterprises Inc./ DBA Giant Promotions. respects our customers’ privacy and will not resell their account information.
INDEMNITY
You agree that you shall indemnify and defend Miedema Enterprises Inc./ DBA Giant Promotions. and all parties from whom Miedema Enterprises Inc./ DBA Giant Promotions. has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms of Use or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated into Products.
COLOR PROOFING & MATCHING
Miedema Enterprises Inc./ DBA Giant Promotions. is not liable for color matching or ink density on screen proofs approved by the customers. Screen proofs will predict design layout, text accuracy, image proportion and placement, but not color or density.
Application of UV Coating may affect or change the appearance of the printed colors. Miedema Enterprises Inc./ DBA Giant Promotions. is not liable for the final color appearance of a UV product.
ORDER CANCELLATION
Miedema Enterprises Inc./ DBA Giant Promotions. will be happy to help you cancel your order prior to shipping. However, orders may be eligible for cancellation upon request via email (emails must be sent to: cancellations@giantpromotions.com). Our Customer Service Team will inform you of any cancellation charges depending on the stage of the order.
Orders may not be cancelled or refunded once they have been shipped or any process thereafter. Absolutely no refunds will be issued once an order has been shipped or any process thereafter. Miedema Enterprises Inc./ DBA Giant Promotions. is not responsible for any duplicated orders that are placed on our web site due to the customer mistake.
RUSH PROCESSING
Rush processing may be available upon request. Additional fees may apply to a rush processing job. The fees and the ability to produce a rush job will depend on numerous things, including: setup time; the time of day you are placing the order; quantity of the order, and the other orders we are producing that day.
If you want to rush process an order you must do so when you go to place the order by calling (888) 781-8300.
RE-ORDERS
All online orders are stored in your online account. Re-orders can be done through your online account with Miedema Enterprises Inc./ DBA Giant Promotions.
ORDER SHIPPING AND DELIVERY
Miedema Enterprises Inc./ DBA Giant Promotions. will always act to make sure that any production difficulties do not delay delivery schedules. In no case shall Miedema Enterprises Inc./ DBA Giant Promotions. be liable for any consequential or damages resulting from any delay in shipment or delivery.
All Miedema Enterprises Inc./ DBA Giant Promotions. customers agree not to hold Miedema Enterprises Inc./ DBA Giant Promotions. liable for delays in shipments caused by weather conditions, shipping company delays, international customs issues or any other circumstances beyond Miedema Enterprises Inc./ DBA Giant Promotions.’s direct control. Miedema Enterprises Inc./ DBA Giant Promotions. shipment and delivery dates are calculated based upon estimates provided by our suppliers.
Miedema Enterprises Inc./ DBA Giant Promotions. will always act to make sure that delivery schedules are met. However, unexpected equipment failure, malfunction and or technical problems may delay the printing process. In case of delay caused by technical difficulty, rush charges/fees will be refunded or waived where applicable. However, technical difficulty will not be the grounds for order cancellation or a refund.
Miedema Enterprises Inc./ DBA Giant Promotions. will not be held liable for any and all “Acts of God” which may impede on our ability to process and ship your order. Acts of God includes anything that is out of human control or prevention. This includes, but is not limited to, flooding, earthquakes, impromptu end of life for Miedema Enterprises Inc./ DBA Giant Promotions. management, epidemics, plagues, tornados, hurricanes, rapid climate shift, fire, lightning strikes, or a change in the earth’s gravitational pull.
In addition, Miedema Enterprises Inc./ DBA Giant Promotions. will not be held responsible for any and all “Acts of Society” which may impede on our ability to process and ship your order. Acts of Society includes anything that is created by other humans that is beyond our control (of both the labor and management) and will hinder our work process. This includes, but is not limited to, acts of war, foreign invasion, acts of terrorism, heinous criminal acts (such as arson or murder), sabotage on our equipment, computers, or vehicles, bio terrorism/anthrax, labor strikes, management lockouts, being denied physical entrance to our work place by any means (a riot, mob, motor vehicle has crashed into our building, the building is surrounded by a blockade, etc), or any changes in the local, state, federal, or global political spectrum and all legislative, executive, or judicial law enacted by these bodies that may affect our work.
Miedema Enterprises Inc./ DBA Giant Promotions. can only use its own shipping account and will not use customer provided account numbers for any couriers. Orders must be shipped at whole quantities and may not be split up.
PAYMENT AND PROCESSING
Miedema Enterprises Inc./ DBA Giant Promotions. will not process any order until we have received payment for it, that means that your credit card is charged when you place your order with us, not when it ships. Please understand if there are any other charges we will contact you to charge your card again either over the phone or online. We do NOT keep your credit information on hand for any reason, once it is charged it goes through our credit card processor. We keep the last 4 digits only so that you can reference the credit card you used to make your purchase.
If you choose to pay via check, Miedema Enterprises Inc./ DBA Giant Promotions. will wait until the check clears before we process and ship your order. Until then it will remain in our system on hold
SHIPPING ERRORS & LOST PACKAGES
Miedema Enterprises Inc./ DBA Giant Promotions. is not responsible for 3rd party shipping errors, omissions or damaged shipments.
CUSTOMER SUPPLIED INCORRECT ADDRESS
When a package is not delivered due to an error made by the customer in submitting the proper shipping address, Miedema Enterprises Inc./ DBA Giant Promotions. will reship the package with the corrected address and charge an additional shipping fee for the shipment once the original shipment has returned to our warehouse.
TECHNICAL DIFFICULTIES
In the event of technical difficulties pertaining to Miedema Enterprises Inc./ DBA Giant Promotions, we can not be held liable for any technical difficulties that are the result of error on part of the hosting company, the upstream provider or the end user. For example, issues or mistakes with the hosting account can be faulted to Liquid Web Incorporated. of Lansing, Michigan. Data center issues including any power outages or hardware failures can be faulted to Liquid Web Incorporated. of Lansing, Michigan (www.liquidweb.com). End user issues including operating system faults, virus or spyware problems, browser incompatibilities are not the responsibility or problem of Miedema Enterprises Inc./ DBA Giant Promotions. We recommend that you keep all of your software and virus definitions up to date to successfully avoid any issues.