888.773.6280

Terms & Conditions of Use

Thank you for visiting Branding Iron Studios. We know you have a choice on where to buy your customized advertising specialties and we appreciate the opportunity to service you.

We provide our promotional products and brand marketing services based on the following terms and conditions. Your submittal of an order to us is a conditional acceptance by Branding Iron Studios of your consent to purchase merchandise from us and confirms your acceptance of our terms and conditions, so we encourage you to take a moment to review the details below.

Copyrights & Trademarks

All logos and trademarks shown on the products on our Web site appear solely for illustrative purposes. The illustration of logos and trademark on our site does not constitute any endorsement of Branding Iron Studios on behalf of the owner of said trademark, nor does it grant anyone permission to reproduce said logos and trademarks.

By ordering custom-imprinted products from Branding Iron Studios, you warrant and represent that you are the sole, legal owner or licensee of all rights, including copyright, to each trademark, logo, statement, or other intellectual property included in the design you instruct us to have imprinted on the products you purchase. You also warrant that the designs you approve for reproduction are in accordance with the guidelines of the owner of said logo or trademark.

You warrant and represent that no part of the design violates or infringes upon the rights of any person or entity nor is it subject to any restriction or right of any kind or nature whatsoever which would prevent Branding Iron Studios from legally reproducing the images or text submitted.

You agree to defend, at your sole expense, any claim, suit, or proceeding brought against Branding Iron Studios which relates to, or is based upon, a claim that any portion of the design you submit to Branding Iron Studios infringes or constitutes wrongful use of any copyright, trademark, or other right of any third party. Branding Iron Studios will not accept liability for the actions of customers who have misrepresented their ownership of licenses or trademarks and you agree to pay any damages and costs assessed against Branding Iron Studios pursuant to such a suit or proceeding. Further, you agree to indemnify and hold Branding Iron Studios harmless for any loss or damage associated with any such claim, suit or proceeding.

The contents of the Branding Iron Studios Web site are owned and copyright protected by Eciton Network Inc. Our Web site and its contents may be used as a shopping resource for non-commercial use only.

Product Consistency & Web Site Images

While we are very selective about the suppliers and manufacturers we use, manufacturing variations are a natural part of the manufacturing process. By placing an order with Branding Iron Studios, you agree to accept products with reasonable manufacturing variances in product color, material and packaging. Minor variations in dye lots, and material thickness and finish are inherent to the manufacturing process and we cannot guarantee that all orders will be exact in color and material consistency. Samples are a great way to “try before you buy” and we encourage you to request a sample before you order in bulk quantity. Samples are representative in nature and may also have minor variations in color and material consistency as compared to the bulk lot you receive with your final order.

We have made every effort to display as accurately as possible the true nature of the products on our site. However, Web site images are inherently limited in their ability to communicate detail, color, and scale. We strongly encourage our customers to request samples of the products they are considering for bulk purchase to ensure that the quality and color meet their expectations and requirements for distribution.

Prices

We commit to making our best efforts to keep our Web site up to date with current pricing and product information. From time to time, actual market conditions may change the price or availability of a product.  In addition, ordering items with multiple-color imprints, using an alternate imprint method, requesting rush production, opting for expedited shipping, and/or needing art conversion services may incur additional charges.  We will contact you regarding any such charges before proceeding with your order.   In the event that a price is different on any products that you have ordered or if there is an availability concern, we will contact you immediately and give you the option to proceed with the order or choose a different product that is within your budget.

Transfer of Ownership of Merchandise

Our products are sold freight on board (F.O.B.) factory and all products become your property at the time they are accepted by the shipping carrier.

Shipping

We guarantee to ship your products on or before a specific date. Our ship-by dates are based upon the representations of the factory where your merchandise is produced. Branding Iron Studios cannot be held liable for any special damages or consequential claims that exceed the invoiced value of the products purchased if your products are not shipped by the specified date.

Since your products are sold F.O.B. factory, Branding Iron Studios cannot be held responsible for delays on the part of the shipping carrier who is delivering your order.

International shipping rates do not include charges for customs clearance. Customs brokerage charges, taxes, and duties will be billed to the importer.

Warranties

Branding Iron Studios warrants that all products sold to you are free of any security interest. We shall make available to you all transferable warranties from the manufacturer of the products. We do not express or imply any warranties as to the fitness for purpose of the products you purchase from us.

Order Changes & Cancellations

If it is possible for you to cancel your order with Branding Iron Studios prior to the commencement of production by the manufacturer, you will not incur any charges. However, once you have submitted an order, we cannot guarantee that we will be able to make changes to, or cancel, your order without incurring charges. The potential charges will depend on the extent of the work the manufacturer producing your products has performed. We will advise you via email of any and all costs incurred prior to making changes or cancellations. You will be responsible for payment of those charges without dispute. All cancellations should be emailed to cancellations@brandingironstudios.com and confirmed with a customer service representative.

Under-runs & Over-runs

Due to the nature of the printing methods used to economically produce high quality custom imprinted products in bulk, there will occasionally be over-runs and under-runs. The industry standard on most products is ± 5%. You will only be charged for the actual quantity shipped. Branding Iron Studios reserves the right to bill or credit your charge card for up to 10% over or under the requested quantity shipped to you. We encourage our customers to order a large enough quantity so that if there is an under-run, they will have enough products for their program.

Claims, Adjustments & Returns

If your order arrives damaged or defective in any way, or your imprint differs in a material way from the virtual sample you approved, you must contact us at 888-773-6280 within 30 days of receipt of your order to obtain a Return Authorization Number.   We may arrange for a pick-up of your damaged or defective order to process your corrected order free of charge. If you do not want a corrected order, credits or refunds will be issued upon receipt and inspection of the returned merchandise. Any merchandise returned without a Return Authorization Number will be refused.

Except in the case of manufacturing defects, or imprint errors not approved by you, we are unable to accept returns on personalized promotional items. Blank merchandise returns will incur a 20% restocking fee.

Claims for merchandise damaged in transit must be resolved with the shipping carrier. We can provide necessary supporting documentation to help with a carrier claim upon request.

Sales Tax

Branding Iron Studios is required by law to collect all applicable sales tax in California. If you use promotional products for resale, we need a copy of your resale certificate. If your company or organization is a non-profit, we need a copy of your tax exempt certificate. Please fax your certificate to 413.714.8439.

Credit Cards

Branding Iron Studios accepts Visa, Mastercard, Discover & American Express.

Special Notice

Branding Iron Studios is not liable for non-fulfillment of orders due to strikes, fires, weather or causes beyond our control.

Jurisdiction

Our terms and conditions will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principals of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Orange County and you hereby consent and submit to the personal jurisdiction of such courts for the sole purposes of litigating any such action.

California Transparency in Supply Chains Act of 2010

Branding Iron Studios requires its suppliers follow minimum socially responsible business practices to ensure that products are produced under lawful, humane and ethical conditions. Among other things, these standards require that suppliers not use involuntary or forced labor – indentured, bonded or otherwise when producing products, and comply with all applicable laws, rules and regulations in all locations where they conduct business.