TERMS & CONDITIONS
ACCEPTANCE
OVERVIEW OF THE ORDERING PROCESS
SHIPPING INFORMATION
SAMPLES
MINIMUM ORDERS SIZES
RUSH SERVICE
PAYMENT INFORMATION
USE OF TRADEMARKS
WARRANTIES
MERCHANDISE CONSISTENCY
PROOFS
RE-ORDERS
TRANSFER OF OWNERSHIP OF MERCHANDISE
SALES TAX
CANCELLATIONS AND ALTERATIONS (Changes) TO EXISTING ORDERS
CLAIMS AND RETURNS
OVERAGES AND SHORTAGES
SITE PRICING
STOCK
SITE IMAGES
ARTWORK
ACCEPTANCE
Your submittal of an online order and/or your agreement/offer to purchase products and services provided by Eclipse Marketing, CustomPrintedFans.com, FanPrinter.com, CataliDesigns.com, Cat805.com and CustomWineBags.com (herein referred to as EMG, Eclipse Marketing, Eclipse Marketing Group, We, Us and Our) is a conditional acceptance of Our Terms and Conditions. It may contain terms that differ from or add to those contained in your purchase order, should you have one, and to the extent that this is the case, you hereby expressly assent to Our additional or different terms. Your receipt and retention of the goods covered by this agreement shall also constitute acceptance of any such additional or different terms. You and EMG agree that any contract/order hereby entered has been made and is to be construed to California State Law.
OVERVIEW OF THE ORDERING PROCESS
Once you place your order, you'll receive an email confirmation. If payment was not provided when you placed the order you will also receive an emailed invoice/order confirmation that will include a payment link to pay online. Please Note: It is the customer's responsibility to review the order confirmation/invoice carefully and let us know in writing via email info@eclipsemktg.com if there are any changes/corrections. We will make the corrections/changes and email you a new order confirmation/invoice. We cannot be held responsible for issues related to inaccurate information on the order confrimation/invoice.
You will also receive a proof for your review and approval. Once the proof has been approved and payment received your order will proceed to production.
When the order ships, we will email you the shipper tracking number. The order is the property and responsibility of the customer once the order leaves the factory. Please check your tracking and confirm thatt the packages have reached their destination. If there are issues with the delivery of your order, please contact the shipping company (usually FedEx or UPS) directly. If you need further assistance, please fee free to contact us and we will do our best to assist you.
SHIPPING INFORMATION
We make every effort to ship your products to your desired destination in the most economical way possible given your specified date and production limitations. The most economical means of transportation is typically UPS Ground, FedEx Ground or USPS. In some cases where product is extremely heavy, another common carrier may be used.
All orders are shipped FOB (freight on board) from the factory. This means that you own the merchandise from that point on. We cannot be held responsible for goods lost or delayed by the carrier, international or US Customs departments, by 'acts of God' or factory shippng delays. We will typically notify you with tracking information within 24 hours of shipment. If you have any questions or problems, please call toll-free at 800-680-0378 for assistance.
We can ship to most locations in the US and abroad although individual carriers have restrictions regarding PO and APO boxes.
All orders will be shipped using the factory’s account. If you are charged for shipping/freight you will be provided with an estimated cost at the time of your order. The credit card used for payment will be either credited or charged for the difference after your order has shipped. If you prefer to use your own account, in most cases, we can accommodate. depending on where the product is shipping from. The factory will charge a processing fee for 3rd party shipments. Please provide us with the carrier name and your account number either via email or in the 'additional instructions' section of the order form. If your shipment is damaged or lost in transit, you will be responsible for the full invoiced amount of the items.
Because Eclipse Marketing sends its products from a network of factories around the country and abroad, orders placed on the same day may arrive at different times. If you have unique needs regarding arrival of products, please be sure to notify us of those needs.
Split Shipments
Do you have a trade show in San Francisco and a sales meeting in New York? At Eclipse Marketing, it is no problem at all for us to send your items where they need to be. In the 'additional instructions' section of your order form, just specify that you need your order sent to multiple locations. An Eclipse Promotional Consultant will call you or send you an email to obtain the details. We require that at least one full carton of product is shipped to each location. Freight will be billed individually for each shipment on your final invoice and a handling charge for each additional location will be added.
International Shipments
A documentation fee may be charged to cover the added expenses involved with processing the paperwork for international orders. This fee varies per factory and you will be notified of this cost prior to processing your order.
Unless otherwise specified, most international shipments will be sent using UPS or FedEx standard shipping. If you require faster delivery, please let us know upon ordering so that we can arrange to send your merchandise by your preferred method or carrier. Please be aware that due to factors beyond our control such as customs clearance and national and international regulations regarding importing, delivery times for international deliveries cannot be guaranteed by Eclipse Marketing. We will do everything in our power to get your order shipped on time, but we will not accept responsibility for delays that are not under our control. Your invoice will not include duty, taxes or other charges relating to your international shipment and may be payable upon delivery, billed by the carrier or billed by Us after deliver.
Shipping Delays
Customer agrees that it will not hold Eclipse Marketing, it's owner(s), employees or agents accountable for delays in delivery occasioned circumstances over which we have no direct control, such as acts of God, factory shipping delays, customs delays, carrier delays and losses, etc. Refused shippments are not allowed once a shippment(s) has been signed for regardless of carriers policies for returned goods. Please refer to Claims, Adjustments & Returnes below. Factory shipments or delivery dates are the best estimates of our suppliers, and in no case shall We be liable for any consequential or special damages arising from any delay in shipping or delivery.
SAMPLES
Random Samples
We are happy to offer you samples to help you with your purchase decision. Random samples are free of charge for most items - we only ask that you pay for the shipping. Since our products are custom made to order, a sample may not be available. Due to occasional misuse of our sample policy, we reserve the right to refuse samples to any party at our discretion. Since our products are custom made to order, a sample may not be available.
Pre-Production Samples (not available for all products)
We can produce an actual sample of your item with your imprint prior to running your entire order. The cost for a Pre-Production Sample is set by the factory and will vary by product. Please contact your Promotional Consultant for a quote if you would like a Pre-Production Sample.
MINIMUM ORDER SIZES
The minimum order for any imprinted item is the minimum quantity listed for that item on our web site. In some cases, a supplier will allow printing of smaller quantities - a "Less than Minimum" fee will apply.
RUSH SERVICE
Rush orders and going beyond the call of duty are our specialty and we enjoy the challenge of delivering the impossible. If you are interested in placing a rush order, please contact a Promotional Consultant at 800-680-0378. Please note that you must consider artwork set-up and shipping time when figuring out when you will receive your order. Rush orders will incur additional charges and you may be required to limit the complexity of your artwork. Rush orders will not allow time for a proof from the factory. Therefore, we cannot be responsible to art discrepancies.
PAYMENT INFORMATION
All orders require prepayment in full prior to production. We recommend the use of a credit card to facilitate rapid fulfillment of your order, but you may also use a company check, money order, PayPal or bank transfers. Please be aware that forms of payment that require funds to clear into our account can delay your order. We will not ship orders until our bank has cleared your funds.
Credit Cards - Most of our customers prefer to pay for their orders by credit card. Please note that the charge will be from “Eclipse Marketing”. Eclipse Marketing accepts Visa, MasterCard and American Express. We request that you submit payment by clicking on the "Pay On-Line Now" link found in the email we will send to you with your invoice. You can also call us with your card information.
When paying by credit card, you will be charged 100% of the amount stated on your confirmation / invoice upon approval. This secures the merchandise and puts the order into production to be customized. Should any underruns or overruns be applicable, we will typically credit or charge your card within 7 - 14 business days of order shipment.
Information regarding account numbers and expiration dates as well as authorized signatures will be held entirely confidential by Eclipse Marketing and its representatives.
Company Check - Customers may pay by company check. We require that the funds clear our bank in order for us to begin production of your product. If time is of the essence we strongly recommend using a credit card or wire transfer. Credit card payments are subject to a 3% processing fee.
PayPal - PayPal is accepted; however, this requires us to send a separate invoice through PayPal. There is a $10 processing fee for this service.
Bank Wire Transfers – Wire transfers are subject to a $35 processing fee.
Returned Checks / Declined Cards / Chargebacks
In all cases where we have a check returned for insufficient funds we will assess a $75 fee. Declined credit card charges will be subject to a $25 processing fee and chargebacks will be assessed a fee of $150.
USE OF TRADEMARKS and IMAGES SUBJECT TO COPYRIGHT
About the Use of Trademarks on Our Site
Logos shown on products on our web site appear only to illustrate the products we offer and the variety of ways in which they can be decorated. The use of logos that are trademarks or copyrighted work of other companies are never intended to suggest that Eclipse Marketing owns the rights to those trademarks, or that Eclipse Marketing would make those products featuring the trademarked logos of others available to any purchaser without the permission of the owners of the trademarked or copyrighted art or copy. Additionally, the contents of the Eclipse Marketing web site, including, but not limited to, the arrangement and assembly, text, graphics, logos, button icons, images, audio clips and software, are copyrighted materials owned by Eclipse Marketing. You may use our web site and its contents as a shopping resource for non-commercial use only.
About the Customer's Right to Use Trademarks and Images Subject to Copyright
All customers ordering custom-imprinted merchandise from Eclipse Marketing represents and warrants to Eclipse Marketing that they have the unrestricted right and authority to use, copy and distribute each copyright, trademark, service mark, trade name, logo, statement, portrait, graphic, artwork, photograph, picture or illustration of any person or any other intellectual property in the way it is applied to promotional merchandise. Purchase of merchandise from Eclipse Marketing in no way, shape or form grants a customer permission to reproduce logos, nor does it transfer, grant, or lease ownership of any logos, trademarks or copyrights to a customer.
To use any logo or image a customer MUST have written permission from the registered owner of the logo, trademark or copyright or be an authorized agent or affiliate of the registered owner of the logo, image, etc. A customer may not use any logo, image, etc. in a manner that may infringe copyright laws. A customer also may not use any logo in a vulgar, illegal, and/or unlawful manner. Eclipse Marketing assumes no responsibility for damages or any wrong doing that the purchaser may cause using a logo. Eclipse Marketing shall not be held liable for the unauthorized, improper, or illegal use of any logo or trademark that is applied to promotional merchandise purchased through Eclipse Marketing. Eclipse Marketing will also not accept responsibility or liability for the actions of clients who have misrepresented their ownership of licenses or trademarks. Eclipse Marketing will reserve the right to refuse orders from any customer who has violated or otherwise infringed upon the intellectual rights of others.
WARRANTIES
We warrant that all goods sold are free of any security interest and will make available to you all transferable warranties made to Us by the manufacturer of the goods. We make no other express or implied warranties, and specifically makes no implied warranties of merchantability or fitness for purpose.
MERCHANDISE CONSISTENCY
Please note that we highly encourage you to take the opportunity to order a sample of the actual product before you place your order. Once a product has been printed it cannot be returned for a refund. It is important that you understand that materials, colors and print processes can change from one order to the next and the samples are only representative in nature. While we are very careful about the suppliers and manufacturers we use, product, material and print variations are unavoidable and a natural result of the manufacturing process. Unfortunately, we have no control over this and our suppliers are under no obligation to inform us of any changes they make to the products they manufacture. By choosing to place and order with Us, you are agreeing to accept merchandise and re-orders with manufacturing and printing variances in product material and color, packaging, and imprint placement and color. We make the best effort to provide accurate descriptions and clear and color-correct product images on our site that best reflect the true nature of the products. However, web site images are inherently limited in their ability to communicate color, scale, and detail. We want to remind customers to be careful about making assumptions about products from the product information and site image alone. We strongly urge our customers to order actual samples. If you choose not to evaluate a physical sample, we cannot be held responsible for the difference between the product description and image as it appears on your monitor and the final product.
PROOFS
Be aware that the color you see on the screen will surely be different when viewed in person. The colors on screens; such as monitors, tablets and cell phones or cameras and some scanners, are created using RGB color mode. It is possible to see colors in RGB that cannot be created using CMYK color mode or PMS inks; therefore, what you see on a screen may be different and not as vibrant as the actual printed product. Also, all screen are different and colors on one screen may view differently on another. There is no guarantee of a color match since the conversion between color modes will often result in a very different color.
If your artwork is to be embroidered, we will select a thread which most closely matches your PMS color and you will have the opportunity to see this choice when you approve your "sew-out." Exact color matches cannot be guaranteed. We cannot be held responsible for formatting errors in customer supplied artwork.
Proof Approvals
RE-ORDERS
Artwork is kept on file for 2 years and then deleted from our system. Therefore, if you have a re-order and it has been longer than 2 years since your last order, chances are that we will no longer have your artwork on file. It is important that you understand that materials, colors and print processes can change from one order to the next. While we are very careful about the suppliers and manufacturers we use, product, material and print variations are unavoidable and a natural result of the manufacturing process. Unfortunately, we have no control over this and our suppliers are under no obligation to inform us of any changes they make to the products they manufacture.
TRANSFER OF OWNERSHIP OF MERCHANDISE
All goods become your property at the time the product leaves the factory.
SALES TAX
We are required by law to collect all applicable state and local taxes for services and goods shipped to California. Customers in other states and countries may be required to remit use taxes. Please consult your tax advisor. Companies, individuals and organizations who are exempt from sales tax should provide us with a copy of their resale certificate by fax to 888-503-0637.
CANCELLATIONS AND ALTERATIONS TO EXISTING ORDERS
Once an order has been submitted to the factory for production, we cannot guarantee our ability to make changes or cancellations. Rush orders and orders that are manufactured in factories located outside of the United States cannot be cancelled. We will make every effort to comply with your change / cancellation request. All cancellations and changes are subject to factory approval and customer will be responsible for the cost of all work performed by us and the factory up to the point of cancellation / change request. There will be a minimum charge of $65.00 per cancellation / change request to cover order entry and processing. Additional charges and fees may include, but are not limited to, product samples supplied to customer, file downloads relating to order, graphic design services, proof preparation, factory cancellation / change fees, factory art department fees, factory rush production fees, factory set up fees, factory restocking fees, shipping etc. All completed work and costs incurred will be the responsibility of the customer. Should you choose to cancel your order, you will be invoiced, or your credit card will be charged for the costs incurred for all work performed by us and the factory up to the point of cancellation. If a customer requests to cancel his or her order and credit card payment has been made than we will refund your card less the cost for charges incurred up to that point. Since these charges include charges from the factory, it may take up to 45 days for the processing of your refund, depending on when we receive the final invoice from the factory.
CLAIMS, ADJUSTMENTS AND RETURNS
If you have any problems with your order, please contact customer service 800-680-0378 within 48 hours of receipt of merchandise. We advise opening all your packages immediately upon receipt to review your products. After this time, we will be unable to go back to our suppliers for resolution. Please have your order number available. We do not accept unauthorized returns. All returns require pre-approval from Eclipse Marketing Group by completing and emailing a Return Material Authorization (RMA) Request Form. We will issue you (recipient) an RMA number (Return Material Authorization) and provide you with a shipping address. DO NOT RETURN THE PACKAGE(S) TO THE FACTORY. All returns are subject to our return policy. Custom, non-stock, or special order items are not eligible for return. Returned items must be unused, 100% complete, and in their original packaging. Returned items are subject to a 20% restocking or disposal fee. If you have been charged for freight your invoiced freight charge will be a prorated. Items are to be shipped pre-paid. Collect shipments will not be accepted. All product must be shipped in a secure manner and are subject to inspection/inventory upon receipt by Eclipse Marketing Group. Eclipse Marketing Group reserves the right to use your returned items for product samples, photos, promotions, marketing materials, etc.
We are not able to address claims or provide refunds for products where delivery has been refused and/or returned direcly to the factory. If you (recipient) are requesting a full or partial refund, you must return the product(s)/package(s) to the address provided on the RMA (Return Material Authorization) form. We will review your request and make a determination after the receipt, inspection and inventory of the returned merchandise. Packages are to be returned pre-paid. Collect shipments will not be accepted. Refusal of delivery is not allowed unless written approval is provided by Eclipse Marketing Group and must be done at time of delivery. Packages/deliveries that have been signed for by the recipient or recipient's agent, such as a receptionist, loading dock/warehouse worker, etc. cannot be refused. Singning for the package(s) acknowleages receipt and your acceptance of the package(s).
OVERAGES AND SHORTAGES
We try to produce your order in the exact quantity ordered, but this is not always possible due to quality control efforts and fast running machines. We reserve the right to ship and subsequently bill or credit, your charge card or account, for up to 5% over or under the desired quantity.
SITE PRICING
While we make the best effort to keep our site up to date, from time to time actual market conditions may change the price of a product. We reserve the right to change prices on the site at any time. If a site price is incorrect on an item that you ordered, we will contact you immediately with the most updated price or help you choose a different item that is within your budget.
STOCK
We do not make guarantees of stock availability and cannot hold/reserve stock. In cases where items or colors you wish to order are out of stock, we will do our best to present to you a comparable item to take its place.
SITE IMAGES
We make the best effort to provide clear and color-correct product images on our site that best reflect the true nature of the products. However, website images are inherently limited in their ability to communicate color, scale, and detail. We want to remind customers to be careful about making assumptions about products from the site image alone. We strongly urge our customers to order actual samples. If you choose not to evaluate a physical sample, we cannot be held responsible for the difference between the image as it appears on your monitor and the final product.
ARTWORK
Where do I send my art?
Artwork can be sent via our "File Upload Tool", emailed to artwork@eclipsemktg.com or send via online programs such as "You Send It" for larger files. Please be sure to let us know if there is any additional information (phone number, website, email, etc.) you want to have added to your artwork. There is no charge for adding this information or for simple layouts if you do not have artwork.
What’s ‘good’, what’s ‘bad’?!
The quality and resolution of artwork for decoration depends on the product and how it is being printed.
Embroidery - We can utilize most files (word, jpeg, tiff, bitmap, AI, EPS, PDF).
Screen printing, pad printing and laser engraving – we always require VECTOR files. You will have a choice of standard imprint colors and in most case a PMS match is available for an additional charge.
Full Color Printing - We can use eps, ai and high-resolution pdf, jpeg and tiff files. For high resolutions files, 600dpi is preferred and nothing under 300dpi is acceptable. Files must be formatted in CMYK. Please do not use Pantone PMS colors or RGB colors in your artwork as the conversion from PMS or RGB to CMYK will almost always result in color differences. We cannot guarantee the print accuracy of client submitted artwork that is formatted incorrectly.
Obtaining Vector Art
What if you do not have vector art? In our experience most logos exist in an EPS or AI format somewhere. Since these types of files require special design programs to view and open, you may not have realized what they were. You could also try your marketing department or the graphic artist who created it. To create high quality vector art is something best done by an experienced graphic artist. Software programs do exist that claim to create vector art, however, in most cases, they simply do not work. When creating your own artwork for print, please be sure to contact us for the art guidelines.
What if you don't have artwork or need your logo converted to vector artwork?
If you don't have artwork or need your existing artwork to be redrawn, it's not a problem. Sketch out your idea or send us what art file you do have and we'll help you out. We will do simple typesetting of your name and message at no charge! Remember, artwork should never get in the way of doing a promotion. If you can't find art that meets our electronic submittal requirements, we can always create it for a small fee. Once we create your art, you won't have this charge again. An e-Proof will be provided for you to review.
Color Matching
Many of our decoration methods allow for the opportunity to closely match the imprint color to a specific requirement. Customers who require specific color matching must request this in writing and provide us with the Pantone PMS color. PMS stands for Pantone Matching System ®. We have an online pantone color chart that you can use to compare colors relative to themselves. Be aware that all monitors are different and the color you see on the screen will surely be different when viewed in person. Where PMS matching is available, there may be an additional charge per color for this service as inks need to be carefully blended to achieve a close match to your color. Please note that PMS color matches are not generally possible for digital printing or 4 color process printing. The color mode in your artwork must be set up as CMYK or the digital printing software will convert the color in your artwork to CMYK and try to match it as close as possible. There is no guarantee of a color match since the conversion from other color modes (PMS or RGB) to CMYK will often result in a very different color. It is best that you do the color conversion of your images to CMYK. If your project is being digitally printed and you require a PMS match, we highly urge you to request a test print / pre-production sample made first. This process requires us to print a sample and then adjust the cmyk values in your artwork to the PMS color of your choice. Sometimes this will take several tries. The cost for test prints / pre-production samples vary from product to product. We will make every attempt to match your requested color; however, we cannot guarantee it. Please check that your artwork has been formatted accurately. We cannot be held responsible for formatting errors in customer supplied artwork. If your artwork is to be embroidered, we will select a thread which most closely matches your PMS color and you will have the opportunity to see this choice when you approve your "sew-out." Exact color matches cannot be guaranteed. The colors viewed on your monitor may look different on the actual printed product due to factors such as the material being printed on (fabric, silk, coated stock, uncoated stock, etc.). If color accuracy is an issue, we recommend ordering a PMS match or a pre-production sample when available.
When creating your artwork, it's important to understand the difference between design file types and color modes in relation to the type of printing you will be doing, specifically the difference between raster and vector artwork, and CMYK vs. PMS and RGB color modes. Some file types are natively raster-based, some are natively vector-based, and some are both. The best files types for printing are those that are natively vector-based. In general, CMYK is used for full color printing and PMS or a choice of standard imprint colors are used for screen or spot (off set) color printing. RGB color mode is never used for printing. Please read Important Information About RGB and CMYK.
What is a raster art file?
Raster-based art files are design files that are broken up into small colored dots called pixels. Each of these tiny pixels put together creates an image. The quality of the design file depends on 1) the size of the design that was created, and 2) the resolution or dpi of the file—this will be the total number of pixels. The higher the pixel count, the higher the quality of file (which increases file size). Some examples are raster-based file extensions are .JPG, .TIF, .PNG, .PSD, etc.
Why is a vector-based art file better?
A vector is a mathematical representation of some geometrical form. If you remember back in math class, your teacher most likely gave you a function and then you had to draw it on an x/y axis. This would be a basic example of a vector based graphic. Programs such as Adobe Illustrator, InDesign, and Corel Draw are all natively vector-based applications that allow designers to create artwork where the resulting file is a collection of vectors. Some examples of vector-based file extensions are .AI, .CDR, .EPS, .PDF, etc.
Vector-based art is better for printing because no matter the size of the final output, a vector file is always high-resolution. With a raster-based file, the quality of the file is dependent on the size and the dpi of the file.
Setting Up Your Artwork Imprint Colors
Full color printing (4 color process and digital printing): Must be formatted in CMYK color mode. See "Color Matching" above.
Silk screening and off-set printing / spot color printing: Most products will have a selection of Standard Imprint Colors to choose from. If the color you desire is not among the options, in most cases, you can request a PMS color match for an additional charge.
I designed using Photoshop—is it vector- or raster-based? The simple answer is raster-based. Occasionally, Photoshop can be used to create vector-based artwork files for some elements if you save as a PDF.
Raster, vector, CMYK, PMS who cares? I’m sending you the art—you print it!
Sure! We will always be happy to print whatever you send, but this always comes down to the original design file. We cannot be held responsible for formatting errors and color issues in artwork provided by the client.
Artwork with Text
All text must be converted to outlines or curves. If not, all fonts must be included with your art. Please note that the smallest text size that can be imprinted is typically around 6-8 pt. with some exceptions depending on the item or fabric being printed on. Embroidery lettering should be non-serif and at least 3/16" to 1/4" in height. It is often necessary to modify or drop text entirely for small imprint areas.
PROOFS
Our artists will prepare an electronic proof of your artwork. This proof will be emailed to you for your review and easy online approval prior to printing. Verbal approvals are not accepted. Delays in providing proof approval will delay production so we ask that you reply promptly. Proofs are for layout purposes only, not color accuracy. The colors viewed on your monitor may look different on the actual printed product due to factors such as the material being printed on (fabric, silk, coated stock, uncoated stock, etc.). If color accuracy is an issue, we recommend ordering a PMS match or a pre-production sample when available.
Be aware that the color you see on the screen will surely be different when viewed in person. The colors on monitors, tablets and cell phones or cameras and some scanners are created using RGB color mode. It is possible to see colors in RGB that cannot be created in CMYK or PMS; therefore, what you see on a screen may be different and not as vibrant as the actual printed product. Also, all monitors are different and colors on one monitor may view differently on another. There is no guarantee of a color match since the conversion between color modes will often result in a very different color.
If your artwork is to be embroidered, we will select a thread which most closely matches your PMS color and you will have the opportunity to see this choice when you approve your "sew-out." Exact color matches cannot be guaranteed. We cannot be held responsible for formatting errors in customer supplied artwork.
Proof Approvals