Terms & Conditions

These Terms & Conditions apply to all quotations, purchase orders, invoices, sales orders, artwork approvals, and sales made by E COM PROMO (“Seller”) to any customer (“Customer”).


1. Acceptance of Terms

By accepting a quotation, approving artwork, submitting a purchase order, placing an order, making payment, or accepting delivery of goods, Customer agrees to be bound by these Terms & Conditions.

These Terms & Conditions are incorporated into every transaction between Seller and Customer.


2. Pricing and Quotations

All quotations are valid for thirty (30) days unless otherwise stated.

Prices are subject to change due to:

  • Material cost increases
  • Freight increases
  • Tariffs, duties, or government-imposed charges
  • Significant changes requested by Customer

3. Artwork Approval

Customer is solely responsible for reviewing and approving all artwork, proofs, mockups, specifications, spelling, colors, sizes, quantities, and layouts before production.

Once artwork approval is provided, Seller shall not be liable for errors that were present in the approved proof.


4. Custom Products

All custom-made products are manufactured specifically for Customer.

Custom orders are:

  • Non-cancelable
  • Non-returnable
  • Non-refundable

Once production has commenced, Customer remains responsible for full payment.

5. Production and Delivery

Production timelines are estimates only.

Seller shall not be liable for delays caused by:

  • Shipping carriers
  • Customs clearance
  • Material shortages
  • Weather events
  • Labor disruptions
  • Supplier delays
  • Events beyond Seller’s reasonable control

6. Inspection and Claims

Customer must inspect all products upon receipt.

Any claim regarding:

  • Defects
  • Shortages
  • Damages
  • Incorrect items

Must be reported in writing within five (5) business days of delivery.

Failure to provide notice within five (5) business days constitutes acceptance of the goods.

7. Payment Terms

Payment is due according to the payment terms stated on the invoice.

Failure to make payment when due constitutes default.

Seller reserves the right to:

  • Suspend production
  • Withhold shipment
  • Cancel credit privileges
  • Require advance payment on future orders

8. Late Payments and Interest

Any unpaid balance shall accrue interest at the rate of 1.5% per month (18% per annum) or the maximum rate permitted by applicable law, whichever is lower.

Interest shall begin accruing immediately after the due date and continue until paid in full.


9. Collection Costs and Attorney Fees

If Customer fails to make payment when due, Customer agrees to pay all costs incurred by Seller in recovering amounts owed, including but not limited to:

  • Collection agency fees
  • Attorney fees
  • Court costs
  • Filing fees
  • Service fees
  • Investigation costs
  • Judgment enforcement costs
  • Any other reasonable expenses incurred in collection efforts

These amounts shall be in addition to the outstanding invoice balance, accrued interest, and any other amounts due.

10. Returned Payments

Customer shall be responsible for any fees associated with:

  • Returned checks
  • Rejected ACH transactions
  • Failed wire transfers caused by incorrect information supplied by Customer
  • Credit card chargebacks determined to be invalid

11. Credit Card Chargebacks

Customer agrees not to initiate chargebacks for custom products that were produced and delivered in accordance with approved artwork and specifications.

Any improper chargeback shall constitute a breach of these Terms & Conditions.

Customer shall be responsible for all resulting collection costs and legal expenses.


12. Limitation of Liability

Seller’s maximum liability for any claim shall not exceed the amount paid for the affected products.

Under no circumstances shall Seller be liable for:

  • Lost profits
  • Business interruption
  • Consequential damages
  • Incidental damages
  • Special damages

13. Ownership of Goods

Seller retains ownership of goods until payment is received in full.

Failure to pay may result in legal action to recover products, payment, or both where permitted by law.


14. Force Majeure

Seller shall not be liable for delays or non-performance caused by events beyond its reasonable control, including:

  • Natural disasters
  • War
  • Terrorism
  • Government restrictions
  • Pandemics
  • Labor disputes
  • Transportation disruptions

15. Governing Law and Venue

These Terms & Conditions shall be governed by the laws of the State of Missouri, without regard to conflict of law principles.

Customer agrees that any dispute arising out of or relating to any transaction with Seller shall be brought exclusively in the state or federal courts located in Missouri.

Customer consents to the jurisdiction of such courts.


16. Severability

If any provision of these Terms & Conditions is found unenforceable, the remaining provisions shall remain in full force and effect.


17. Entire Agreement

These Terms & Conditions constitute the entire agreement between Seller and Customer and supersede any conflicting terms contained in purchase orders, communications, or other documents unless expressly agreed to in writing by Seller.