TERMS AND CONDITIONS
We wish you a warm welcome to Swank Press and we look forward to doing business with you. In order to maintain a long and rewarding relationship for everyone involved, the following terms and conditions have been established. When you sign up as a Swank Press merchant, you agree to these terms and conditions. Please read carefully:
YOUR SWANK PRESS INCOME
You will receive full payment from your customers for their Swank Press purchases. After your customer's charge card purchase has been approved by your bank, Swank Press will withdraw 60% of that purchase from your merchant account, and you keep 40% as your sales commission.
YOUR SWANK PRESS ACCOUNT
You will be given a merchant account with Swank Press using a credit card of your choice. The amount in your account will be accessible to you with a drop-down menu, and you can select to refill it as needed using your credit card, or you can choose to have an automatic deposit made when your account reaches a minimum balance. Swank Press will withdraw funds from your account after your Swank Press customer's credit card has been approved. Swank Press reserves the right to terminate your membership as a Swank Press merchant without notice.
FEES AND PAYMENTS
There are no set-up fees or monthly maintenance fees. You are required to maintain a minimum balance in your account, or keep a credit card on file, to remain active.
CANCELLING YOUR ACCOUNT
An email request from you is required to cancel your Swank Press merchant membership, and you must give at least thirty days notice. Please email your cancellation to info@swankpress.com. Swank Press will be removed from your website at the end of the thirty days. Your account will be canceled on the last day of the full month after we receive your cancellation notice. Your charge card will be fully reinstated with any unused balance returned to you.
ACCOUNT STATUS REVIEW
Your account will be reviewed after two years to determine the sales activity. No activity could mean dropping a merchant.
PRIVACY POLICY
We respect the privacy of our merchants and their customers, and we never, ever provide information to anyone else. The information you give us stays with us and goes no further; it is used only for order processing and delivery, and to communicate with you about your customers' orders. To assist in ordering, we install cookies on customers' browsers so that when they come back to see us from the same computer, we recognize them and can show them what they left in the cart on their last visit.
COMMUNICATIONS
You agree that communications with Swank Press will be via email or website. In addition, you agree that all email and website notices and disclosures, as well any consent you sign via email or website, are legal and fully binding by law.
CONFIDENTIALITY OF MERCHANT ACCOUNT
As a Swank Press merchant, it is your responsibility to preserve the confidentiality of your account. You are to maintain the strictest of confidentiality with your password and the contents of your account. You are also responsible for restricting access to your account, and you accept responsibility for any activities that occur using your password or your account. Swank Press reserves the right to cancel a merchant account for any reason whatsoever without consultation and without notice.
Swank Press ships FREE TO MERCHANTS AND CUSTOMERS in sturdy packaging to all U.S. addresses. International orders will be shipped via USPS First-Class Mail International or by UPS if the merchant provides a UPS account number.
- Shipping Option 1 - drop-ship: All orders ship directly to your customers at no charge. Customers will receive their labels/tags in 7 business days. There is no shipping charge to merchants or customers with this option.
- Shipping Option 2 - batch ship: We ship to you each business day at no charge via USPS Priority, for batches of five or more orders. Batches of twenty or more orders will be sent UPS 2-day at no charge. Shipments will be sent at least every Friday, even if you have only one order. Some merchants receive shipments from us every business day.
- Shipping Option 3 - UPS 2nd Day Air or Next Day Air: If you would like faster shipping we can ship via UPS. However, you would have to provide us with your UPS account number and you would be responsible for the shipping cost.
- Shipping Option 4 - International: If we receive an international order from you, we will ship it at our cost via USPS First-Class Mail International. Otherwise, we will ship the order to you for you to send to your customer, or if you provide us with your UPS account number we will ship it via UPS at your cost.
Swank Press products are shipped with tracking, including delivery confirmation, so packages can be followed throughout the shipping process and their delivery can be documented. However, any Swank Press product shipped to you or your customer is subject to the unlikely possibility of being lost or damaged by the shipper. Once the packages have left our premises, responsibility for shipping damages or loss passes to the merchant; it is not the responsibility of Swank Press.
OUR GUARANTEE
There is no refund on custom orders, which includes custom labels and tags. Color is not guaranteed; we provide close, but not exact, color. However, Swank Press guarantees workmanship and accuracy, and in the event of an error or damage, will reprint at no charge. Reprints are expedited to get to you or your customer as quickly as possible.
LICENSE AND SITE ACCESS
Swank Press allows you a limited license to use the contents of this site. You are allowed to use Swank Press buttons and banners on your site - however, you may not change Swank Press art in any way, including but not limited to, color, cropping, stretching or framing, without the written consent of Swank Press. This limited license does not include permission to resell any part of this site or use any part of this site for the benefit of another merchant, or use it in whole or part to sell any products other than Swank Press products. This includes downloading or copying website or account data - in whole or any part thereof. You are not allowed to download or modify any part of the site without the written consent of Swank Press. You are allowed to use this site and its contents for the sole purpose of promoting Swank Press products. This site is not to be duplicated, copied, sold, rented, or used in any other way for the benefit of any merchant except Swank Press.
PRODUCT DESCRIPTION
Swank Press makes every effort to describe products accurately, but does not guarantee exact descriptions. We make every attempt to correct inaccuracies as quickly as possible; please notify us at info@swankpress.com if you discover any inaccuracies in our product descriptions.
WEBSITE AND POLICY CHANGES
Swank Press reserves the right to change, upgrade and update the Swank Press website and product line at its discretion. Swank Press will notify merchants of any changes. Notices will be posted daily as changes occur so merchants will remain up to date on the status of Swank Press products. Swank Press also reserves the right to make changes to these Terms And Conditions as it deems necessary. Swank Press will notify merchants of any changes to Terms And Conditions. If changes are made, only the item that is changed or removed is affected, and all other terms remain valid and enforceable.
COPYRIGHT
You retain ownership of any art or text you provide to display on your Swank Press site. This includes text and images including photos, art and logos. Since Swank Press has no control of your text or images, you agree to hold Swank Press harmless, and agree to defend Swank Press in the event of any liability. Swank Press reserves the right, without consultation with other parties, to close any web page that has been determined to contain, or leads to a web page that contains, or has been alleged to contain, infringements on any copyrights or trademarks or other infringement. Swank Press is not responsible for infringements of trademarks, copyrights or other intellectual properties that appear on Swank Press merchants' sites; it is the sole responsibility of the merchant to ensure that no infringements occur on their site. Swank Press will not be liable in any way, or to any party, for infringements on Swank Press merchants' sites.
There is nothing in these Terms And Conditions that gives license or permission to any merchant or other party to use trademarks, trade names, logos, service marks, text, or images of Swank Press for any purpose other than to promote Swank Press.
COPYRIGHT INFRINGEMENT
Swank Press is committed to honesty in the marketplace, and believes in giving credit where credit is due. Therefore Swank Press asks if you see or know of any infringement of yours or another's property, please email info@swankpress.com and report your finding.
DISPUTES
If shopping and purchasing from Swank Press results in a dispute, it will be referred to confidential arbitration in Portland, Oregon, U.S.A., unless you have in any way violated or threatened to violate Swank Press intellectual property, in which case Swank Press may pursue injunctive or other appropriate action in a state or federal court in the state of Oregon, and you agree to exclusive jurisdiction and venue in these courts. Arbitration of this agreement will follow the prevailing rules of the American Arbitration Association. The arbitrator's decision will be binding and entered as a judgment in any U.S. or state court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
OREGON LAW
By becoming a Swank Press merchant, you accept that the laws of the State of Oregon will govern your transactions and these Terms And Conditions, and any disagreement will be referred to the State of Oregon, U.S.A., Court System.
LIABILITY LIMITATION AND WARRANTY DISCLAIMER
Swank Press provides this website for use by merchants on an "As Is" and "As Available" basis. No warranties or representations of any kind, express or implied, are made about this site or its products, text, information, content, or materials. You agree that you are using this site expressly at your own personal risk. Swank Press does not guarantee that messages, this site, its servers or communications are free of viruses, and will not be responsible or liable for any damages you may incur as a result of using this site or communicating with Swank Press, including but not limited to direct, indirect, punitive, incidental or consequential damages. It is possible that you may have more rights, since some state laws do not allow limitations on implied warranties or the exclusion or limitation of selected damages. If you are a resident of certain states, some of the above statements do not apply to you.
SWANK PRESS
45 N.E. Hancock Street
Portland OR 97229
877-522-3575
info@swankpress.com
http://www.swankpress.com
