Last updated on: 06 JUNE 2019
Hello and welcome to Trade Show Display Corp. dba Display Overstock!
Display Overstock Inc (“Display Overstock”, “we” and “us”) is the operator of www.DisplayOverstock.com (“Website”). The Website is designed to provide products and/or services to users (“User(s)”, “you”) in creating and managing trade show display products and/or services for the purposes of sales and/or marketing (“Product”). This Website and the offer of our Services (defined below) are offered on the sole condition of your acceptance without modification of any and all the terms, conditions, and notices set forth below (Collectively, the “Terms of Service”). By creating an account on the Website or by using any Services provided by us, you acknowledge that you have read, understood, and agreed to be bound by the Terms of Service and represent that you have read and understood the same.
The Terms of Service represent a legally binding agreement between you (and your client, employer or another entity if you are acting on their behalf) and Display Overstock and its direct affiliates or subsidiary, including the various entities that Display Overstock uses to operate locally in different countries.
1. Acceptance of Terms of Service
1.1. If you are entering into these Terms of Service on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms of Service, in which case the Terms of Service “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these Terms of Service, you shall not accept the Terms of Service on behalf of such entity and you are not authorized to use this Website or the Services.
1.3. You acknowledge and agree that we may change or otherwise modify the Terms of Service in the future, such changes and modifications shall become effective immediately upon posting to the Website. You understand and agree that your continued access or use of this Website after such change or modification constitutes your acceptance of the changed or modified Terms of Service. Display Overstock endeavors to provide you with notice of any changes to the Terms of Service, but Display Overstock’s failure to do so shall not excuse your obligation to comply with any such modified Terms of Service. You agree to periodically review the most current version of these Terms of Service as posted on the Website.
1.4. You agree and acknowledge that you may be subject to additional terms applicable to certain Services provided by us that may be attached to such Services from time to time. All such terms are hereby incorporated by reference into these Terms of Service.
1.5. In the event that you commit any breach or violation of any terms and conditions under our Terms of Service, we shall be entitled to immediately terminate our Services, suspend your Display Overstock account, and/or may take other legal action at our disposal.
1.6. The usage of any services not provided by us directly (including, without limitation, warehousing services) requires you to enter into a separate legally binding service agreement with a third-party service provider. You acknowledge and agree that we do not assume any liability whatsoever for acts, errors, or omissions (including, without limitation, any negligence or willful misconduct) of any third-party service providers with whom you or any of your affiliates may contract, regardless of the purpose.
2. Description of Services
2.1. For the purpose of these Terms of Service, “Services” shall include (a) the ordering products and /or services of the Website, (b) all software, data, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively referred to as the “Content”), and (c) Shipment services. Any new feature added to, or augmenting the Services, is also subject to these Terms of Service.
3. General Conditions/ Access and Use of the Services
3.1. Subject to the terms and conditions of these Terms of Service, you may access and use the Services only for lawful purposes. All rights, titles and interests in and to the Services and its components will remain with and belong exclusively to Display Overstock. You shall not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise make the Services available to any third party, without written consent of Display Overstock; (b) use the Services in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Services or its components or otherwise violates our Terms of Service, or (c) modify, adapt or hack the Services to, or otherwise attempt to gain unauthorized access to the Services or its related systems or networks. You shall comply with any codes of conduct, policies or other notices Display Overstock provides you or publishes in connection with the Services, and you shall promptly notify Display Overstock if you learn of a security breach related to the Services.
3.2. You will not use the Services to (or assist another person to):
- upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vi) in the sole judgment of Display Overstock, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Display Overstock or its users to any harm or liability of any type;
- interfere with or disrupt the Services or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or
- violate any applicable local, state, national or international law, or any regulations having the force of law;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.
3.5. You understand that the operation of the Services, including Your Content, may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to Display Overstock’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Services. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. Display Overstock will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
3.6. You shall be responsible for obtaining and maintaining any equipment and ancillary Services needed to connect to, access or otherwise use the Services, including, without limitation, browsers, modems, hardware, servers, software, operating system, networking, web servers and internet Services (collectively, “Equipment”). You shall be responsible for ensuring that such Equipment is compatible with the Services and complies with all configurations and specifications set forth in Display Overstock’s published policies then in effect. You shall also be responsible for maintaining the security of the Equipment, your account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of your account or the Equipment with or without your knowledge or consent.
3.7. The failure of Display Overstock to exercise or enforce any right or provision of these Terms of Service shall not be a waiver of that right. You acknowledge that these Terms of Service of Services form is a contract between you and Display Overstock, even though it is electronic and is not physically signed by you and Display Overstock, and it governs your use of the Services and takes the place of any prior agreements between you and Display Overstock.
3.8. Subject to the Terms of Service hereof, Display Overstock may (but has no obligation to) provide technical support Services, through email in accordance with our standard practice. Display Overstock might use the consignee's personal information to send them updates about their packages, gain consignee feedback, and in general any time Display Overstock consider it needed to carry on its Services.
3.9. In the event that you wish to change any information regarding the Shipment, such as address, items included or other matters, you shall notify Display Overstock customer service at Support@DisplayOverstock.com. In the event that the Shipment has already been handled over to any shipping company, courier, or mail service (“Courier”), such changes may not become effective, or the Courier may ask a fee to validate the change.
3.10. In the event that a Shipment is recalled, returned or refused, and the Courier does not provide the returned delivery to the sender address, the Shipment will be returned to Display Overstock or third-party partner’s and/or affiliates. You may choose to collect the Shipment, at your own expenses, at a designated location provided by Display Overstock, or pay a return shipping fee per Shipment, and Display Overstock will ship it to your sender address. The Shipment will only be delivered to a local sender address. If you don’t collect the Shipment within thirty (30) days from the date the Shipment is returned to Display Overstock, Display Overstock will ship it to your sender address.
4.1. In order to create an account with Display Overstock, you agree that you will provide accurate information to the best of your knowledge and belief (“Registration Information”) and will promptly update such Registration Information as necessary. Access to, and use of, the Display Overstock account is restricted to authorized users only.
4.2. You agree not to share your password(s), account information, or account access information to any third party. You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur under your password(s) or account(s) or as a result of your access to the account(s). You agree to notify Display Overstock immediately of any unauthorized use of your account. Display Overstock shall not be liable for any unauthorized use of your account.
You must provide complete and accurate payment information. Payment for Display Overstock’s Services shall be made by any of the accepted payment methods as set out on the Website.
5.2. Shipping Fees
A shipping fee will be charged for each Shipment, of which shall include all costs related to the Shipment, quoted by Display Overstock (“Shipping Fee”). Shipping Fee shall include: shipping cost, fuel surcharge, insurance fee, import tax, import duty, remote area surcharge, courier tax handling fees, pick-up fees, and any other amount related to the activity of shipping through Display Overstock. You acknowledge and agree that the Shipping Fee do not include any additional fees arising out of separate agreements with third-party service providers. Please note that we charge a additional handling fee on all orders shipped to Canada and Mexico.
Quotations for Shipping Fees by Display Overstock are based on the information provided by you, and the specific product(s)including but not limited to receiver’s address, weight, dimensions, and value of the items. In the event that there is a discrepancy between the Shipping Fees charged by Display Overstock and the costs for the Shipment incurred by Display Overstock due to incorrect information that you provided, such as incorrect weight, dimensions, value of the item(s), addresses, or any other information critical to estimate the shipping cost, you will be responsible for such discrepancy amount. Display Overstock specifically disclaims any liability for any Shipping Fees errors due to inaccurate or incomplete information. Display Overstock is not responsible for any changes or alteration of the Shipping Fees. Display Overstock agrees to make reasonable efforts to bill such discrepancy amount to your account in a timely manner, but Display Overstock makes no representations or warranties regarding the amount of time needed to complete processing.
5.4. Account Balance
The funds that you maintain in your Display Overstock account constitute your “Account Balance”. As Services charges are incurred, any such amount will be deducted from your Account Balance. Please note that the Shipping Fees for each Shipment are billed at the moment a Shipment is confirmed, and the shipping labels are requested, therefore the Services shall be considered as “pre-paid”. Shipping Fees are subject to change as set out in Section 6.3 herein. In event that the remaining Account Balance is of a negative amount, you agree to pay the balance immediately into your Display Overstock account.
5.5. Currency Fluctuations
Display Overstock reserves the right to adjust its pricing in response to currency fluctuations, including but not limited to, currency conversion rate changes, conversion fee changes, and/or discount rate changes. 12
5.6. Shipping Fee Disputes
In the event that you disagree with any Shipping Fees charged to your account, you shall submit such complaint to Display Overstock within thirty (30) days of the fee being charged (“Dispute Period”). Display Overstock will not review customer requests for Shipping Fee adjustments that are received after the Dispute Period.
You acknowledge and agree that all fees, charges and any other rates or amounts charged by Display Overstock to you hereunder are exclusive of any applicable value added, sales/use or goods and Services’ taxes (“Transaction Taxes”) which may be levied in connection with the supply by Display Overstock of the Services to you. Where applicable, you shall be responsible to pay all Transaction Taxes arising in respect of the Shipping Fees or other amounts charged by Display Overstock to you.
5.8. Balance Refund
Users may request for a refund from Display Overstock of any available and unused Account Balance, subject to any deductions in respect of transaction fees or taxes.
5.9. Shipping Fee Refund
Users may cancel and/or change any available and unused label and request for a refund accordingly prior to a Shipment being processed. Display Overstock will refund the Shipping Fee to the User within twenty-one days from the date the User requests for such cancellation. In event that the Shipment has already been processed and sent over to the courier, such Shipment may not be cancelled, and the User shall be liable for the full Shipment Fee and any other related fees thereof.
6. Return Policy
6.1 Full Refund
It is your responsibility to inspect all orders upon arrival. All orders from Display Overstock may be returned within 10 business days of receipt for a full refund (excluding custom graphics as mentioned below). In order to return or exchange (under the warranty guidelines described below) all or part of your order, you must contact us for a Return Merchandise Authorization number (RMA#) and report any damages, defects, and issues within 3 days of receiving your order. On any claim without a RMA Number, we reserve the right to refuse the returned package and/or not issue a refund. Only properly authorized returns receive a refund. You must email Support@DisplayOverstock.com to obtain an RMA# from a Display Overstock representative.
6.2 Condition of Product
All returned merchandise must be returned unused in the original packaging including manuals, accessories, cables, etc. with the authorization (RMA#) clearly printed on the outside of the package. Return requests must be made within three days of the receipt date, and all items must land at our warehouse within ten days of the return request. All free items must be returned together with purchased items in order to receive a full refund. Any shipping and/or handling charges on the original order cannot be refunded. At our discretion, we may levee a restocking fee up to 25% of the cost of items returned if shipped to Canada or Mexico. Any vouchers or gift certificates earned by a returned order will be voided, and the voucher amount will be charged to any order to which it was applied.
Display Overstock is not responsible for shipping costs or damage on returned items. Units to be returned should be packed carefully and shipped back in the original box to protect the item. Please be advised that packages sent by normal US Postal Service cannot be tracked to ensure delivery. Since Display Overstock cannot provide credit for a return without confirming its receipt, we recommend that you use a delivery service that can be tracked and or insured.
Customized product orders do not apply to the return policy stated above. Customized items include but are not limited to any graphics, customizable color panels, or special-order items. Customized items will not be able to be returned. If there is any question as to whether the product can be returned or not, please call (888) 315-9617, and ask a Display Overstock representative.
7.1 Limited Lifetime Warranty
Display Overstock, provides a limited lifetime warranty on the following items:
1. Perfect-Pop pop-up frames against manufacturing defects in materials and workmanship during normal use.
2. QuickZip and/or Tru-Fit tube frames against manufacturing defects in materials and workmanship during normal use.
All repairs needed that coincide with this limited lifetime warranty policy will be done at no charge except for shipping and handling charges. This warranty does not extend to any Display Overstock products which have been subject to misuse, neglect, accident, incorrect wiring or used in violation of operating instructions furnished by us, nor extend to any units altered or repaired for warranty defect by anyone other than Display Overstock.
This warranty does not cover any incidental or consequential damages and is in lieu of all other warranties expressed or implied and no representative or person is authorized to assume for us any other liability in connection with the sale of our products. Some states do not allow limitations on how long an implied warranty lasts, and/or the exclusion or limitation of incidental or consequential damages so the above limitations and exclusions may not apply to the original customer.
8. Change Orders & Order Cancelations
All change orders must be made in writing to Support@DisplayOverstock.com. Verbal change orders will not be accepted. Change orders include but are not limited to changes in shipping addresses, changes in order timeframes, or changes in products purchased. All change orders are subject to additional charges or refunds when applicable. All payments for change orders must be paid in full for a change order to be accepted and moved onto the next step in production or shipping.
All order cancellations must be made in writing to Support@DisplayOverstock.com. When an order is cancelled after the order has been placed, the order may be subject to cancellation charges which will be deducted from the refunded amount. If an order is completed and shipped, no order cancellation will be accepted. The following are some examples of circumstances where restocking fees would apply:
1. Customized graphics have been approved and put into production are subject to a cancellation fee depending on the stage of production. Up to 25%
2. Products have been pulled from stock shelves to fulfill order, restocking fee: Up to 25%
3.Orders that are cancelled after artwork has been processed are subject to a non-refundable $25 graphic set-up fee.
4. Custom orders no refund!
If you need help with applicable fees associated with a change order or order cancellation, please contact a Display Overstock representative.
9.1 Technical Errors
This site could include technical or other mistakes, inaccuracies or typographical errors. Display Overstock may make changes to the materials and services at this site, including the prices and descriptions of any products listed herein, at any time without notice.
9.2 Material Out of Date
The materials or services at this site may be out of date, and Display Overstock makes no commitment to update such materials or services. Display Overstock assumes no responsibility for errors or omissions in the information, documents, software, materials and/or services which are referenced by or linked to this site. References to other corporations, their services and products, are provided "as is" without warranty of any kind, either expressed or implied.
We take pride in our products and stand behind our quality of work. If you received any of our products with damage or manufacturing errors, let us quickly resolve this for you by submitting a claim.
Claims must be made in writing within 3 days of receipt, so please inspect your items as soon as you receive them to ensure everything is as order specifications.
Under no circumstances shall Display Overstock or its suppliers be liable to you or any third party for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not Display Overstock has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of this site or of any web site referenced or linked to from this site.
The downloading or other acquisition of any materials through the site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading or acquisition of any such materials. No advice or information, whether oral or written, obtained by you from Display Overstock or through or from the site shall create any warranty not expressly stated in the legal statement. This site contains links to third-party web sites that are not under the control of Display Overstock. Display Overstock makes no representations whatsoever about any other web site to which you may have access through this site. When you access a non-Display Overstock web site, you do so at your own risk and Display Overstock is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites or for the quality of any products or services available on such sites. Display Overstock provides these links merely as a convenience and the inclusion of such links does not imply that Display Overstock endorses or accepts any responsibility for the content or uses of such web sites. This site can be accessed from other countries around the world and may contain references to Display Overstock products, services, and programs that have not been announced in your country. These references do not imply that Display Overstock intends to announce such products, services or programs in your country.
10. Shipping & Lead Times
10.1 Delivery Dates
Art approval date dictates all shipping and delivery dates and is subject to 11.3 below. In addition, when you place an order, we will estimate shipping and delivery dates for you based on the availability of your items and the shipping options you choose. Depending on the shipping provider you choose, shipping date estimates may appear on the shipping quotes page.
10.2 Shipping Liability
Display Overstock does not accept any liability whatsoever for late deliveries due to failure of the carrier (i.e. UPS or FedEx) to meet their commitment date. Please also note that the shipping rates for many packages we sell are dimensional weight-based and may exceed the actual (physical) weight of the item. To reflect the policies of the shipping companies we use, all weights will be rounded up to the next full pound.
Production and delivery times for custom graphic orders are based on artwork proof approval.
- Proofs are sent within 1 business day of artwork submission.
- The artwork approval cut-off time for production to begin the following business day is 12pm Pacific Standard Time.
Please note that failure to respond to the proofs approval email in writing by the mandatory cut-off time may result rush service fees or missed deadlines.
(a) Product Proof and No Refunds. By responding “I Approve” to our proof email with digital proofs of the artwork submitted for the Product (the “Product Proof”) has been provided to you during the Order placement process, you acknowledge and agree that you (i) have verified that spelling and content in the Product Proof are correct; (ii) you are satisfied with the document layout in the Product Proof; (iii) understand that the Display Overstock will produce the Product in accordance with its appearance on the Product Proof (subject to the limitations specified herein); and (iv) cannot make any changes to the Order once the Order is placed, irrespective of whether you have actually reviewed the Product Proof or not. You, and not Display Overstock, assume all responsibility for any typographical errors or any other errors found in the Products that are also in the Product Proof. You acknowledge and agree that Display Overstock is not responsible for any errors in the Products found on the Product Proof which you did not inform Display Overstock. Notwithstanding any of the foregoing, except where Display Overstock has failed to provide you with any Products, upon Display Overstock ’s commencement of production under an Order, you will not be entitled to, and Display Overstock will in no event be required to provide, any refunds of the fees you paid for such Order for any reason whatsoever. If a refund is requested 24 hours after the date it was purchased, then a 5% transaction fee will apply regardless if any files have been uploaded. This is to offset the transaction fee Display Overstock needs to pay its merchant. Custom orders that require a specialty order for any material that is not kept in stock will not qualify for a complete refund. The customer will either need to pay a restocking fee of 25% of the order or need to pay for the entire contents of the specialty material if it can not be returned.
(b) Color Shift: You acknowledge and agree that Display Overstock will not be responsible for any color shift that occurs in conversions from RGB to CMYK or PMS Pantone colors to CMYK color modes. All artwork, designs and images provided by you to Display Overstock for incorporation into any Products must be provided with a minimum of 300 DPI. Display Overstock is not responsible for the degradation in quality of the images printed, including fuzziness, distortion, pixilation, or any other type of degradation from the provided artwork, designs, and images when such degradation is caused by the nature of artwork you provided to Display Overstock , including, without limitation, where the image has a resolution that is lower than 300 DPI. The final design output for print-ready artwork must be provided with a minimum of 125 DPI. Display Overstock is not responsible for any color shift in converted photographs with black, near black, or gray tones. Display Overstock will use commercially reasonable efforts to match the colors in the Product Proofs to the Products.
(c) Bleed or Crop Marks: Display Overstock will not process any files provided by a customer without bleed or crop marks when such marks are required. Display Overstock will add bleed or crop marks to such files at an additional minimum fee of $45. All files you provide to Display Overstock for making an Order must be designed according to the Product’s template specifications as provided by Display Overstock, and Display Overstock will not be responsible for any problems on the Product with insufficient safe margin.
(d) Templates/Online Templates: Display Overstock will not be responsible for your use of outdated templates. Before making an Order, you represent and warrant that you have downloaded and used the latest version of Display Overstock ’s templates from the Website. The templates made available to you by Display Overstock on the Website are designed specifically for use with the Website and Display Overstock and not for any other purpose. In the event you wish to make changes, alterations, or modifications to the free templates, you will be responsible for any such changes, alterations, or modifications, including using a professional designer for such purpose. For your convenience, the Website contains a list of professional design services. Display Overstock is not responsible for any errors, issues, or other problems caused by the use of our design services, once design mock-ups have been approved through the Product Proof.
(e) Color Proofing & Ink Matching: Display Overstock is not responsible for matching color or ink density on the Products to the Product Proofs. While Product Proofs will predict design layout, size accuracy, image proportion and placement, they cannot be used to assess color or ink density in the Products. You acknowledge and agree that the Product Proofs do not show transparency and over print issues, and they do not reflect color change from RGB to CMYK. Proofing does not check for hidden layers artwork and Display Overstock will not be responsible for any print issues resulting from hidden layers. You acknowledge and agree that Display Overstock may produce the Products with other products ordered by other customers, and as such, there may be deviation in color or ink density in the Products when compared to the Product Proofs. Display Overstock accepts no responsibility for color variations between submitted images and the actual artwork or product they represent. Display Overstock does not print using pantones or specialty inks, as it only uses CMYK to process print jobs. Display Overstock is not responsible for color errors found in the Product Proof, and Display Overstock does not represent or warrant to consistent colors on the Products when compared to the Proofs. Application of coatings may affect or change the appearance of the printed colors on the Products.
(f) Order Approval: You are responsible for reviewing each Order and the Product Proof provided to you after making an Order. Display Overstock will not accept changes to Orders you have placed after you have approved Product Proofs. In the event Display Overstock already started production of the Products, Display Overstock, in its absolute discretion, has the right to reject any re-submissions. Where you fail to review the Product Proof and ask Display Overstock to print the Products without review or approval of the Product Proof, you will do so your own risk, and Display Overstock will not be responsible for any errors, problems, or other issues with the Products where the Product Proof has not been reviewed. Display Overstock has no responsibility to re-print any Order if flaws, errors, or problems are found in the Product Proof after initial production. Notwithstanding any of the foregoing, Display Overstock is not responsible for any errors in a Product caused by any of the following reasons: misspelling, graphics, bleeds, grammar, damaged fonts, punctuation, wrong cuts, incorrect or missing folds, die lines, crop marks, transparency, overprint, incorrect colours, finished size of the Product, insufficient safe margin. Display Overstock does not represent or warrant that the Product produced on a re-order will be identical to the Products produced under the original Order.
(g) Order Cancellation: An Order cannot be cancelled or modified once it has gone into production, and Display Overstock is not responsible for any refunds once the Order has gone into production. If an Order is a Custom Print and stock, materials or procedures need to be conducted specifically for this order, a full refund will not be available even if the order has yet to go into production. Display Overstock is not responsible for any duplicated orders that are placed on the Website.
(h) Warnings: Display Overstock will attempt, to the best of its ability, to send out warnings when emailing proofs, about potential problems that may occur during printing. These messages are sent during the proofing process and it is your responsibility to read these warnings before accepting the proof. If you accept the proof without changing these potential problems, then Display Overstock is not responsible if this error(s) occurs during printing. A reprint will not be honored in such situations. Some of the most common warnings are: text too close to edges, borders and fraying when dark colors are used, low resolution and/or poor image quality.
(i) Reprints: A reprint will only be honored if a shipping error or printing error occurs. Shipping errors occur if a package is damaged or lost after being picked up by a shipping provider. Since these issues are not directly related to issues cause by Display Overstock, customers will first need to file the issue with the appropriate shipping provider. Once this has been done, Display Overstock can then file a claim with the shipping provider to receive compensation. If the claim is not approved by the shipping provide, and Display Overstock is not compensated, then it is to the discretion of Display Overstock if a reprint can be honored. Shipping providers need adequate evidence to approve a claim. It is the responsibility of the customer to supply the proper proof (pictures, samples, tracking number, etc.) for the claim.
Printing errors are classified as misprints or trimming issues that are caused by mistakes in the production process that are outside a machinimas error value. The reason a reprint is offered for these issues is because if the order were printed again using the same conditions, the issue would not happen again. Machines are maintained and calibrated to the keep them functioning properly, but there are still error values associated with each machine, which do not qualify orders for a reprint if they fall within these values. The purpose of a reprint is to replace a defective product; however, if a shift occurs on the prints that is within the error values of the machines, this does not qualify as a printing error. Display Overstock asks for up to 2” of bleed on all print files because of the shifts that can occur when printing and trimming an order. If there is a shift (off center) of 1” inches or less, this will not be classified as a printing error and will not qualify for a reprint. Depending on when a product is printed, there can be similar color shifts that occur from one press run to the next. If the same CMYK values are used for printing multiple orders on separate press runs (ordered at different times), there is a potential color shift of 10% between runs. An order will not qualify for a reprint if there is a 10% color variation or less from the previous order.
The exact same file will need to be used for the reprint process. If a client requests to change their file, this will be considered a new order. Any design errors will not be given a reprint as it is the responsibility of the client to look over their proof before approving it to print. If the client decides to proceed with an order by approving Proofs, then they take complete responsibility if such error occurs.
The only way a reprint will be able to be considered is if Display Overstock (1) there is a color shift exceeding 10% deviation from the client submitted art file and/or approved proofs or (2) a claim is granted by Display Overstock ’s shipping provider for any lost or damaged package(s). It is in the sole discretion of Display Overstock to request more than 5% of the order, including the whole order, if the entire order needs to be reprinted. Reprints will only be honored if a request is submitted within 3 days after receiving your product. Reprints for shipping errors will take up to 6 weeks before getting approved or declined as shipping claims take two weeks to be processed. All approved reprints must be shipped to a US domestic address. Customers will be subjected to additional shipping fees when an order has been shipped out more than twice.
10.4 Lead Times
At Display Overstock we value prompt delivery just as much as we value cost and quality, so we strive to produce and deliver our products in the fastest and most effective ways possible. That is why we split-ship most standard production orders so that the following occurs:
- Frames ship FedEx or UPS Ground (1-5 day transit) within 24 hours upon artwork approval.
- Prints ship FedEx or UPS Express (2-3 day transit) after they have been produced.
- This allows us to reliably have most orders arrive to your door within 5 business days of approving the artwork designs.
Production and delivery times for custom graphic orders are based on artwork proof approval. Proofs are sent within 1 business day of artwork submission. The artwork approval cut-off time for production to begin the following business day is 12pm PT. For example, if your artwork is submitted 10am on Monday, you should expect to receive proofs no later than 10am Tuesday. Artwork must then be approved by 12pm Tuesday for production to begin on Wednesday. If artwork approval is received after 12pm PT, then production begin Thursday.
10.5 Next Day Rush Shipping Service
You shall agree that by choosing the Next Day Rush Order option for your purchase at DisplayOverstock.com, you are also explicitly agreeing to the following conditions:
- Display Overstock will take every actionable step to ensure Next Day Rush orders are produced and shipped the day following artwork approval. Display Overstock will schedule delivery for two business days following artwork approval.
- Due to the short timeline and inability to control any margin of error, Display Overstock cannot be held accountable for missed deadlines for any reason including late delivery by the carrier, failure of receipt by recipient, lost or damaged packages, etc.
- Due to lack of time for thorough quality control, all prints will be received “as is.” No reprint claims can be made.
You shall agree that by accepting the above conditions, Display Overstock shall have NO liability for damages or errors in transit, at the time of delivery, or beyond. You agree to hold harmless Display Overstock or any of its employees or agents of any and all liabilities arising from such errors or product deficiencies.
11. Intellectual Property
11.1. Display Overstock Property
For purposes of this Agreement, "Display Overstock Property" shall mean (a) Display Overstock’s methodology for the provision of Services; (b) the Developer Tools; and (c) Display Overstock’s ideas, websites, designs, processes, code, technology, software, copyrights, logos, domain names, patents, trade secrets, trademarks, products and materials. Display Overstock hereby retains all worldwide right, title and interest in and to the Display Overstock Property. Any rights not expressly granted herein to the Display Overstock Property shall be retained by Display Overstock. You acknowledge that all right, title and interest to the Display Overstock Property is owned by Display Overstock.
11.2. Additional Restrictions
Other than as permitted herein, you shall not (and you shall not permit others to), directly or indirectly, modify, translate, decompile, disassemble, or reverse engineer any part of the Display Overstock Property, or otherwise attempt to discern the functioning or operation of the Website or Services; or copy, rent, lease, distribute, or otherwise transfer any or the rights that you receive hereunder. For clarification purposes, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Display Overstock and you shall not copy, imitate, or use them without our express prior written consent. You may use HTML logos provided by Display Overstock through our merchant Services, auction tools or affiliate programs without prior written consent solely for the purpose of directing web traffic to Display Overstock.com. You shall not alter, modify or change such HTML logos in any way, use them in a manner that is disparaging or otherwise adverse to Display Overstock or the Services, or display them in any manner that implies Display Overstock’s sponsorship or endorsement. You shall not (and you shall not permit others on your behalf to): (i) use any robot, spider, scraper or other automated means to access the Display Overstock Website or Services for any purpose without Display Overstock’s express written permission, (ii) interfere or attempt to interfere with the proper working of our Website or any activities conducted on the Website, or (iii) bypass any measures Display Overstock may use to prevent or restrict access to the Display Overstock Website or the Services.
11.3. Client Property
All materials provided by you under any format shall be deemed “Client Property” for purposes of the Agreement. You hereby grant to Display Overstock a non-exclusive license to the Client Property solely as needed to provide the Services and/or Products No other licenses, express or implied, under any intellectual property rights are granted by you to Display Overstock under these Terms of Service.
12. Confidential Information
Each party ("Recipient") acknowledges that it may receive Confidential Information as defined herein. For purposes of these Terms of Service and subject to the exclusions set forth below, Confidential Information means any information provided to it by the other party ("Discloser") that is marked, labelled or otherwise designated as confidential or proprietary, or that Recipient knew, or should have known, was confidential due to the circumstances surrounding the disclosure.
Information that is subject to one of the exclusions below shall not be Confidential Information. The exclusions include the following: (a) Non-transactional Confidential Information (as defined below), (b) information publicly known at the time of disclosure, (c) information received by Recipient without restriction from a third party, (d) information published or otherwise made known to the public by Discloser, (e) information that was generated independently without reference to the Discloser’s Confidential Information, or (f) information that is required to be disclosed under a court order or pursuant to any applicable governmental rule, regulation or statute, provided that Recipient provide Discloser with prior written notice of such disclosure, (as permitted by law) and the timing for response set forth in the request.
12.3. Non-transactional Confidential Information
Other than transaction information absolutely required for Display Overstock to provide, or for you to use the Services, Display Overstock does not require nor desire any of your proprietary information ("Non-transactional Confidential Information"). You agree not to provide Display Overstock with any Non-transactional Confidential Information, including, but not limited to, prototypes of new products, without Display Overstock’s express prior written consent. In the event that you send such Non-transactional Confidential Information to Display Overstock without Display Overstock’s prior written consent, then Display Overstock shall not be obligated to treat such information as Confidential Information.
12.4. Standard of Care
Recipient shall not use the Confidential Information for any purpose other than as required by these Terms of Service. Recipient shall not disclose the Confidential Information to any third party, other than as required to perform the Services. Recipient shall use at least the same standard of care with the Discloser’s Confidential Information as it does with its own Confidential Information, but in no event with less than reasonable care. Each party acknowledges that breach of this provision would result in irreparable harm to the other party, for which money damages would be an insufficient remedy, and therefore that the other party will be entitled to seek injunctive relief to enforce the provisions of this Section.
12.5. Return or Destruction
Other than transactional information that is retained in the ordinary course of Display Overstock’s business, each party shall either promptly return all Confidential Information, or confirm that such Confidential Information has been destroyed promptly after receipt of written request from the other party.
12.6. Aggregate Use
Subject to the Terms of Service herein, you hereby acknowledge and agree that Display Overstock may compile aggregate results from all of, or a selection of your use of the Services, provided that Display Overstock shall not disclose any information that would individually identify you ("Aggregate Information"). Such Aggregate Information shall be deemed to be Display Overstock’s Confidential Information. You also hereby agree that Display Overstock may review and use your individual use of the Services in order to provide Services to you, to evaluate Display Overstock’s provision of the Services, and to improve Display Overstock’s Services offerings.
14.1. You agree to indemnify and to hold harmless Display Overstock, our officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, due to or arising out of your use of the Services and/or your violation of the Terms of Service. Upon requesting for our Service, you agree to indemnify and hold harmless Display Overstock from any and all claims for transportation, storage, handling and other charges relating to the goods in respect of the Shipment, including undercharges, rail demurrage, truck/intermodal detention and other charges of any nature, whether or not Display Overstock accepts such order.
15.1. As Is
Display Overstock endeavors to provide the Services in accordance with these Terms of Service. Users acknowledge that the Services and the Website are provided on an “as is” and “as available” basis. Display Overstock and Display Overstock’s suppliers expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement for the services, the Website and any third-party services. The use of the Services, Website, or third-party services shall be at your own risk.
15.2. No Continuous Access
Display Overstock does not guarantee continuous, uninterrupted or secure access to the Services. Operation of the Services may be interfered with by numerous factors outside of our control. Display Overstock will make reasonable efforts to process requests for receiving or shipping merchandise in a timely manner but Display Overstock makes no representations or warranties regarding the amount of time needed to complete processing because our Services are dependent upon many factors outside of our control, such as delays caused by third parties. Display Overstock is not liable for any direct, indirect, incidental damage, loss of profit, goodwill, use, or data resulting from our inability to provide the Service. We reserve the sole right to discontinue the Website and our Services, including any of the Website’s features, at any time with or without notice to you.
You understand that Display Overstock does not inspect your goods nor does Display Overstock take any responsibility for the business decisions that you make and implement through the Services. You acknowledge that Display Overstock is not the Merchant of Record, nor the Importer of Record, and nor the owner of any product shipped by you through Display Overstock.
16. Limitation of Liability
16.1. Third-Party Liability
By accepting the Terms of Service, you acknowledge and agree that we do not assume any liability whatsoever for acts, errors, or omissions (including, without limitation, any negligence or willful misconduct) of any third-party service providers with whom you or any of your affiliates may contract, regardless of the purpose.
16.2. Waiver of Consequential Damages and Limitation of Liability
In no event shall Display Overstock be liable for any indirect, incidental, special or consequential damages, or damages for loss or damage of Shipments, loss of profits, revenue, data or use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, or use of, the Website, any content, or any third party websites and content. Other than as set forth below, in no event shall Display Overstock’s liability under this agreement exceed the monies paid or payable by you to Display Overstock for the applicable services excluding carrier fees or other third-party fees (“damages cap”). In the event of an unauthorized transaction by a Display Overstock employee or agent, Display Overstock is only liable for the damages cap. Display Overstock must be notified within five (5) days after any unauthorized transaction or you acknowledge to waive all damages from Display Overstock.
16.3. Declaration and Accurate Information
You are responsible to provide complete and accurate information in respect of the ORDER Shipment, including but not limited to the item category and item value of the Shipment. You shall be responsible for any error, damage, expense or consequence resulting from wrong or incomplete information provided to us. You shall further indemnify Display Overstock for and hold Display Overstock harmless from any loss or expense resulting as a consequence of the wrong information provided by you. Display Overstock shall not be responsible for losses or damages in the event that any item contained in the Shipment is wrongfully declared. Moreover, Display Overstock is in no way responsible for any damages, losses due to custom practice. Display Overstock shall not be liable for the accuracy and truthfulness of the information provided by you.
16.4. Import Taxes and Duties
When you schedule a Shipment with Display Overstock and purchase a shipping label, you have the option of choosing between a DDU Shipment or a DDP Shipment. In DDU Shipments, you choose not to pay in advance for any taxes and duties in respect of the Shipment arising in the destination country, of which the receiver will be billed accordingly. By using DDU Shipment, Users acknowledge that any local customs charges, import taxes, import duties, last-mile delivery fee, or in general any extra charge(s) regarding the Shipment (“Taxes and Duties”), will be of the receiver’s sole responsibility. Display Overstock shall not be liable for any discrepancies between the Shipping Fee by Display Overstock and any local fee, or additional delivery fee charged to the receiver.
In the event that you wish to avoid the receiver for being charged any additional fee, you may use DDP Shipment, in which you agree to pre-pay the Taxes and Duties in respect of the receiving country at the time you purchase the shipping labels.
Display Overstock will provide to you an estimate of the Taxes and Duties prior to each Shipment for your reference (“Estimate”). For DDU Shipments, such Estimate shall be for reference only and the Shipment may be subject to other additional charges depending on the local custom practices of the destination country. For DDP Shipments, Display Overstock guarantees that such Estimate shall be binding and any Taxes and Duties payable by the User shall not exceed the Estimate provided by Display Overstock. The Users shall not be liable for any discrepancy between the Shipping Fee by Display Overstock and any local fee, or additional delivery fee provided that all information in respect of the Shipment submitted to Display Overstock by the User is complete and accurate. Display Overstock reserves the right to charge a User using DDP Shipments additional fees in respect of excessive Taxes and Duties resulting from the incomplete and/or inaccurate information provided by the User used to compute the Estimate.
Display Overstock shall not be liable for any loss, delay, or damage of items shipped, while in the hands of a local custom. In addition, Display Overstock shall not be held responsible in the event that the local custom confiscates, holds, or denies release of the Shipment to the receiver.
16.6. Service provided by Courier
Display Overstock is an online retailer. In no circumstances, Display Overstock will be liable for any Services provided by any Courier. Display Overstock is not liable for any damage, destruction, or loss of Shipment, late delivery, and issues with the tracking, by the Courier. Display Overstock is not liable for acts, errors, or omissions (including, without limitation, any negligence or willful misconduct) of any third-party service providers (including, without limitation, any delay, wrong, or missed pickup by the Courier). Also, if you buy a shipping label from a Courier that does not provide any pickup service, you agree to be responsible to deliver the Shipment to the designated drop-off point. Display Overstock is not liable for the delivery time information shown on the Website. Display Overstock is not responsible for any delayed delivery.
Further to the above, Display Overstock connects warehouse service providers with potential clients. You acknowledge and agree that we do not assume any liability whatsoever for acts, errors, or omissions (including, without limitation, any negligence or willful misconduct) of any third-party service providers with whom you or any of your affiliates may contract, regardless of the purpose.
Display Overstock is not liable for any fees, expenses, resulting as a consequence of a change of information from your side (for example change of address, order cancellation, or order call-back), after a Shipment has been confirmed and paid for on Display Overstock. Display Overstock is not liable for any delay in the generation of shipping documents.
17.1 You have the right to terminate your account at any time by sending a cancellation request to Support@DisplayOverstock.com. Subject to earlier termination as provided below, Display Overstock may terminate your account and these Terms of Service at any time by providing thirty (30) days prior notice to the administrative email address associated with your account. In addition to any other remedies we may have, Display Overstock may also terminate these Terms of Service upon thirty (30) days’ notice (or ten (10) days in the case of non-payment), if you breach any of the Terms of Service or conditions of these Terms of Service. Also, Display Overstock reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof). Except as provided above, upon any termination of your account, Display Overstock may store all of Your Content on the Services (if any), or it may be permanently deleted by Display Overstock, in its sole discretion. Display Overstock will reimburse the balance within ninety (90) Days.
Please note, while disagreements sometimes arise, Display Overstock wants to address any complaint with the Services in a proactive manner. Please log a support case for resolution, you can send an email to Support@DisplayOverstock.com. If you feel an escalation is merited, please email Support@DisplayOverstock.com regarding your unresolved case and your concern. For purposes of clarity, this does not waive the notice requirement set forth below.
19. Governing Law and Venue
These Terms of Service shall be governed by the laws of the State of Texas. By using our Services, you agree to submit to the exclusive jurisdiction of the State of Texas Courts.
20. General Provisions
If any provision of these Terms of Service is held invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to make such provision valid and enforceable and the remaining provisions of these Terms of Service shall remain in effect and enforceable in accordance with their Terms of Service.
20.2. No Waiver
Failure or delay of Display Overstock to exercise a right or power under these Terms of Service shall not operate as a waiver thereof, nor shall any single or partial exercise of a right or power preclude any other future exercise thereof.
20.3. Notices to You
You agree that Display Overstock may provide notice to you by posting it on our Website, emailing it to the email address listed in your account, showing a notification when you login to your account, or any other means of telecommunications. Such notice shall be considered to be received, read and understood by you within 24 hours of the time it is posted to our Website or emailed to the email address listed in your account. If the notice is sent by mail, we will consider it to have been read and understood by you within 24 hours of the time it is delivered. Display Overstock reserves the right to terminate your account if you withdraw your consent to receive electronic communications.
You may not transfer or assign any rights or obligations you have under this Agreement without Display Overstock’s prior written consent and any attempted assignment without that consent will be void. Display Overstock reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time. Subject to the foregoing provisions of this Section, these Terms of Service shall be binding on and inure to the benefit of the parties’ successors and assigns.
20.5. Attorneys’ Fees and Costs
Display Overstock shall have the right to collect from you its reasonable costs and necessary disbursements and attorneys’ fees incurred in enforcing these Terms of Service.
20.6. Force Majeure
Display Overstock shall not be liable for any delays or inability to perform the Services caused by forces beyond Display Overstock’s control including, without limitation, acts of God or acts of third-party Service providers including but not limited to carriers and postage systems. When goods are ordered out, in the case of acts of God, war, terrorism, public enemies, seizure under legal process, strikes, lockouts, riots and civil commotions, or any reason beyond Display Overstock’s control, or because of loss or destruction of goods for which Display Overstock is not liable, or because of any other excuse provided by law, Display Overstock shall not be liable for failure to carry out such instructions.