Yard Card Toppers Terms and Conditions
NOTICE PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE AND/OR PLACING AN ORDER WITH YARDCARDTOPPERS.COM YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS STATES BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS STATED BELOW, PLEASE DO NOT ACCESS THIS WEBSITE OR PLACE AN ORDER. ANY MODIFICATIONS PROPOSED BY CUSTOMER ARE NOT PART OF THE PARTIES’ AGREEMENT IN THE ABSENCE OF YARDCARDTOPPERS.COM’S WRITTEN ACCEPTANCE THEREOF. ANY TERMS OR PROVISIONS IN THE ORDER WHICH ARE ANY WAY INCONSISTENT WITH THOSE HEREIN SHALL BE NULL AND VOID AND THE TERMS AND CONDITIONS HEREIN SHALL CONTROL. YARDCARDTOPPERS.COM RESERVES THE RIGHT TO CHANGE, MODIFY, OR AMEND THESE TERMS AND CONDITIONS WITHOUT ANY NOTICE.
LIMITATION OF LIABILITY
In no event shall YardCardToppers.com, (“YardCardToppers”) or its licensors, suppliers, vendors, officers, director, members, managers, employees, or agents be liable for any special, incidental, indirect, or consequential damages of any kind, or for any damages whatsoever resulting from loss of use, data, profits, or business opportunities, whether or not YardCardToppers.com, has been advised of possibility of the damage, arising out of or in connection with the use or performance of the site, failure to provide services that you order from YardCardToppers.com, or its affiliates, printing errors, or any other matter related to this contract, including without limitation, damages arising from mistake, omission, virus, printing error, delay, or interruption of service. In no event shall YardCardToppers.com, be liable or responsible for any damages or consequences arising from or related to your inappropriate or unauthorized use of the site or its content.
Our office hours are 10:00am to 4:00pm PNW Monday – Friday.
10:00am-1:00pm on Saturday & Sunday.
Yard Card Toppers are delivered between 5-7 days. While we do make every accommodation to get your cards to you even sooner and often do - various factors such as equipment failures, technical difficulties, or anything else outlines under “ORDER SHIPPING AND DELIVERY” section of this document may affect our turnaround time. Please do not promise your clients Yard Cards on your order until they have arrived in your hands safety.
Future Custom orders or jobs that require proofs may require additional production time. In addition, large orders may require additional processing time.
WARRANTY / RETURNS / REFUNDS
YardCardToppers.com warrants that the products and/or services will be free from defects in material and workmanship and will conform to any specification agreed to by YardCardToppers.com in writing. This warranty shall extend for the notification and return period specified below, and shall apply only to the original Customer and only to those products which upon YardCardToppers.com’s examination disclose to its satisfaction that the products and/or services in question were in fact defective. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF USE AND OF ALL OTHER OBLIGATIONS OR LIABILITIES ON YARDCARDTOPPERS.COM’s PART. THIS WARRANTY SHALL NOT APPLY TO ANY PRODUCT WHICH HAS BEEN SUBJECT TO ACCIDENT, NEGLIGENCE, ALTERATION, ABUSE or MISUSE, OR THAT HAS BEEN INSTALLED.
You understand that all information, data, text, photographs, graphics, messages or other material (“Content”) are the sole responsibility of the person from which such Content originated. This means that you, and not YardCardToppers.com, are entirely responsible for all Content that you send, upload, post or transmit. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. You agree to not use YardCardToppers.com to send, upload, post or otherwise transmit any Content that contains (i) child pornography or anything that YardCardToppers.com determines to be indecent, obscene, lewd, lascivious, filthy or vile; (ii) a threat to kidnap or injure a person, a threat to injure the personal property or reputation of another person, a threat to accuse any person of a crime, a threat to inform another that a person has violated any law of the United States, or a threat of blackmail/extortion; (iii) any matter advocating or urging the violation of liberties granted to living beings by their Creator; (iv) any defamatory remarks directed at any individual person; or (v) any Content that infringes the intellectual property rights or other proprietary rights of YardCardToppers.com, or any third party. YardCardToppers.com does not control Content posted by Customers and does not guarantee the accuracy, integrity or quality of the Content. Under no circumstance will YardCardToppers.com be liable to you in any way for any Content you may be exposed to that you may find offensive, indecent or objectionable. Products and services are provided for the Customer’s use only.
Customer is fully responsible for the creation of, laying out of, and proofing of all Content. YardCardToppers recommends and accepts print ready art. YardCardToppers.com, is NOT LIABLE for errors in a final product caused by any of the following reasons:
Wrong Telephone Number or Address
Please know the printing process starts as soon as payment is made so we can get your Yard Cards to you as soon as we can. For this reason we cannot cancel a order once payment is made. Yard Card Toppers is not responsible for any duplicated orders that are placed on our website due to the Customer mistake. Double check your delivery address and your order before payment.
ORDER SHIPPING AND DELIVERY
YardCardToppers.com, will always use commercially reasonable efforts to make sure that any production difficulties do not delay delivery schedules. In no case shall YardCardToppers.com, be liable for any direct or indirect, or any consequential or other damages resulting from any delay in shipment or delivery.
All YardCardToppers.com, customer agree to not hold YardCardToppers.com, liable for delays in shipments caused by weather conditions, shipping company delays, international customs issues or any other circumstances beyond YardCardToppers.com’s reasonable control. YardCardToppers.com’s shipment and delivery dates are calculated based upon estimates provided by our suppliers and are not guaranteed.
YardCardToppers.com will always use commercially reasonable efforts to make sure that delivery schedules are met. However, unexpected equipment failure, malfunction and/or technical problems or other unforeseen events may delay the printing process. In case of delay caused by technical difficulty, rush charges/fees will be refunded or waived where applicable. However, technical difficulty and related delay in delivery will not be grounds for order cancellation or refund.
YardCardToppers.com will not be held liable for any and all “Acts of God” which may impede on our ability to process and ship your order. Acts of God include anything that is out of human control or prevention. This includes, but is not limited to, flooding, earthquakes, sudden loss of a key member of management, epidemics, plagues, tornados, hurricanes, rapid climate shift, fire, lightning strikes, or a change in the earth’s gravitational pull.
In addition, YardCardToppers.com will not be held responsible for any and all “Acts of Society” which may impede on our ability to process and ship your order. Acts of Society include anything that is created by other humans that is beyond out reasonable control. (of both the labor and management) and will hinder our work process. This includes, but is not limited to, acts of war, foreign invasion, acts of terrorism, heinous criminal acts (such as arson or murder), sabotage on our equipment, computers, or vehicles, bio terrorism, labor strikes, management lockouts, being denied physical entrance to our work place by any means ( a riot, mob, motor vehicle has crashed into our building, the building is surrounded by a blockade, etc), or any changes in the local, state, federal, or global political spectrum and all legislative, executive, or judicial law enacted by these bodies that may affect our work.
YardCardToppers.com can only use its own shipping account and will not use customer provided account numbers for any couriers. Orders must be shipped at whole quantities and may not be split up.
PAYMENT AND PROCESSING
YardCardToppers.com will not process any order until we have received payment for it; that means that your credit card is charged when you place your order with us, not when it ships. Please understand if there are any other charges we will contact you to charge your card again over the phone. We DO NOT keep your credit card information on hand for any reason, once it is charged it goes through our card processor. We keep the last 4 digits only so that you can reference the credit card you used to make your purchase.
SHIPPING ERRORS & LOST PACKAGES
Lost or damaged shipments must be reported to YardCardToppers immediately upon discovering the loss or damage. YardCardToppers.com is not responsible for 3rd part shipping errors, omissions, or damaged shipments. We will take note on your order and direct you to FEDEX with your tracking number, if you need escalation please reach out to us and we will help you to the best of our ability.
In the event of technical difficulties pertaining to YardCardToppers.com, we cannot be held liable for any technical difficulties that are the result of error on the part of the hosting company, the upstream provider or the end user. Data center issues including any power outages or hardware failures can be faulted to the applicable data center. Customer issues including operating system faults, virus or spyware problems, and browser incompatibilities are not the responsibility our problem of YardCardToppers.com. We recommend that you keep all of your software and virus protection up to date to successfully avoid any issues.
Selling to the Public
Our Yard Cards are priced with the consideration of the Small Business owner. When purchasing cards/sets from Yard Card Toppers you agree to not purchasing Yard Card Toppers cards/sets to turnaround and sell to the public to make a profit. This includes posting them in anyway to compete with our prices for our line of products. In the case that you no longer want or use your cards or liquidating your business you may sell your cards to other yard carders via used card groups or to the public as a resale item. To be clear. You may NOT purchase a Yard Card Set here and sell it on any commerce site or marketplace site for a profit. We would consider that a form of competing with us with our own products as well. We keep our prices low for the Yard Carders in our industry and we are very firm on this policy.
REFUSAL OF SERVICE
We reserve the right to refuse service without disclosing a reason, as permitted by applicable law.
These Terms and Conditions were last modified as of August 26, 2020