TERMS OF SERVICE
1. ACCEPTANCE OF TERMS
Welcome to pinable.com! Pinable.com (hereafter also referred to as “the company”, “we”, “us”, “our”) provides its service to its customers (hereafter also referred to as “you”, “your”), subject to the following Terms of Service ("TOS").These TOS may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.pinable.com/tos.html. Our service begins upon receipt of a completed order form.
Prices displayed on our website are subject to change without notice. All quotes given expire within 30 days of being issued.
2. DESCRIPTION OF SERVICE
WE DO NOT SELL COINS CREATED FOR OUR CUSTOMERS.
Pinable.com currently provides a design service and production monitoring of coins, lapel pins, key chains, and medals. Use of Service includes but is not limited to verbal, electronic, and/or other communication, design, payment, and/or receipt of communication or goods from pinable.com, its agents, subsidiaries, advertisers, affiliates, officers, co-branders, partners, and/or its employees.
From conception on a piece of paper, fax, email, or any computer program, we generate a final version of artwork for your approval. The Free Artwork Service has been fulfilled after completion of the initial design based upon your submissions and an email has been sent containing a link to view the final version we have created. Any changes you request after the fifth change from the initial design will incur additional art fees of $50.00 per hour. Changes generally take less than an hour to make.
Our artwork service is included with the completion of coins made. When orders are cancelled for any reason you will be charged accordingly at the rate of $50.00 per hour. A $150.00 cancellation fee will also apply and full cost from the factory for die fees will not be returned. If, for any reason, after five attempts to design your coin, art fees may also accrue at a rate of $50.00 per hour, notification will be given prior to changes being made and charges being applied. Discounts are only applied to completed orders.
Final approval of your coin design is required and may hold production of your coin until an email is received that you approve the final coin design. By sending the approval email, you approve that all details about the order are correct: spelling, layout and production procedures are as desired. Loss of email privileges or email contact will not constitute a refund of any charges that have been incurred. All artwork generated by the company is 90-95% in the likeness of the final coin, changes may be made to the design by the die makers at their discretion. If changes are made to an order and not previously discussed on the order form, email traffic only will hold true to such changes.
The balance is due upon approval of the artwork. Split payment on orders is not permissible unless splitting on two different cards. Order forms received are considered a commitment to an order, hence the term order form. Order forms must be received prior to start of any work by us. Payment via check must be submitted upfront as we have to await clearance of the check to ensure funds are paid.
Orders that do not progress to an approval of the artwork after 45 days from the submission date on the order form will be deemed cancelled, charges will apply as listed above.
We guarantee the quality, craftsmanship, and service of our coins. Each coin is custom and hand painted. Coins may contain small flaws by their handcrafted nature. By placing the order you agree to a +/- 3-4% error rate, over run, under run.
The customer is responsible for proofing the artwork prior to the artwork being sent to the factory. Once the artwork is approved, the customer assumes all responsibility for the layout and text on the coin as approved. If changes are made after the die is created, the customer assumes responsibility for the cost of the new die and art fees to make the changes and additional coin costs to correct the error.
If you decide to skip the sample coin, or process your order as a RUSH, you agree to accept the full order as is when received. The die makers will design your coins to the best of their ability based on the artwork provided. The purpose of the sample coin is to approve the color on a single coin before the full order is minted. We use PANTONE color matching to assure proper colors is painted on the coin. A full list of the different PANTONE colors can be found on our frequently asked questions page. Verification of the colors listed on your artwork with the pantone chart is the responsibility of the customer to ensure there are no errors on color. Once the coins are minted they cannot be changed unless you pay to have them re-done.
For RUSH service a $300.00 charge will be added to the total of your order plus a per coin shipping price (see SHIPPING CHARGES below.)
When you place an order, we have sample coins made to show other potential customers examples of our workmanship. This is a limited number of coins, not to exceed 10. The customer incurs no charges for the creation or our use of these sample coins. If you do not want your coin used as a sample please notify us when the order is placed.
WE DO NOT SELL COINS CREATED FOR OUR CUSTOMERS.
Any checks returned for NSF (Non-Sufficient Funds) or any other reason will be charged with a 50.00 processing fee, and orders will be put on hold indefinitely until this issue is resolved.
If changes are required to the dies at your request after the approval of artwork, the full die charge at the 100 coin level will apply, If only one side/die needs to be changed the fee will be cut in half.
WE DO NOT SELL COINS CREATED FOR OUR CUSTOMERS.
2A SHIPPING & CHARGES
All orders will be shipped to a mailing address; local pickup or drop off is no longer feasible in Arizona or Pennsylvania.
INITIAL ORDER: We provide FREE shipping on your first order for coins up to 2", except for RUSH orders and international shipping. FPO and APO addresses are not considered international, but BFPO is. Shipping is the customer's responsibility for coin orders over 2" for the first order. The customer is responsible for shipping on all future reorders.
REORDERS: A per coin shipping price of 75 cents per coin for orders of 299 coins or less and 50 cents per coin for orders exceeding 300 coins shall be accessed on all reorders, including reorders consisting of one new side.
2B PRODUCTION TIMEFRAME
Regular order NO sample 35 – 45 days
Regular order WITH sample 60 – 80 days
RUSH order 30 days or less.
No guarantees are stated or implied. These production timeframes are only estimates and do not include events that may arise such as die breakages or factory holidays and should not to be confused with delivery dates.
Orders are shipped via USPS Priority mail and are normally delivered within 3 days of production being completed.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of our Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Order Form Data") and (b) maintain and promptly update the Order Form Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, (or pinable.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete) pinable.com has the right to suspend or terminate your account and refuse any and all current or future use of our Service (or any portion thereof.)
Order Form Data and other traffic which we receive will remain private and will not be shared with any other company. We do however reserve the right to use portions of emails or customer satisfaction survey results as we list comments based upon your experience with pinable.com. Only the first initial and last name will be used in this forum.
5. MEMBER ACCOUNT AND SECURITY
You will receive a customer ID upon the submission of your order form. This ID is subject to change as we establish a permanent account number (or “Customer ID”) for your order. Please keep this information private so that no one can reorder your coins in the future. Also, keep this information in a secure place for easy reference in the future. This will help expedite reordering.
6. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON OUR SERVICE
Pinable.com does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of our Service, you grant pinable.com the following world-wide, royalty free and non-exclusive license(s), as applicable:
"Publicly accessible" areas of the Service are those areas of pinable.com intended by pinable.com to be available to the general public. By way of example, publicly accessible areas of the Service would include any link from website pages from the index (home) page down. Each account will receive its own web page, but will not be accessible without the knowledge of the customer ID. No internal links point to this page.
You agree to indemnify and hold pinable.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, or make available through our Service, your use of our Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
In the event pinable.com has to seek legal action or the use of a collection agency to collect an outstanding debt, you agree to cover any and all additional costs associated with collection of said debt. This includes but is not limited to attorney fees, collection fees and court costs associated with the enforcement of collecting payment.
8. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of our Service, use of our Service, or access to our Service.
9. COINABLE'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in our information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by pinable.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
10. DISCLAIMER OF WARRANTIES
All coins are custom made and cannot be returned, unless expressed permission from pinable.com is given to do so. In the event of returned items, items become the sole property of pinable.com and may be used as samples, sold on eBay, or marketed by any means possible to recoup costs involved.
If a charge back is filed for reasons outside of our control, all fees as described above will not be returned, this may include: art time, die fee, retail cost of coins already manufactured and cancellation fees, even if the coins were not delivered.
11. TRADEMARK INFORMATION
pinable.com and pinable are registered trademarks of JR pinable, all rights are reserved.
12. LIMITATIONS OF LIABILITY
We will produce a quality product at a fair price. We will deliver the coins in a reasonable amount of time. Normal turnaround time for a regular order is 65 days, 35-45 days if you skip the sample coin. If you process a RUSH order, the turnaround time is 30 days. No part of production may be taken out of context. Production includes delivery via USPS Priority mail. Exclusions of prompt delivery will be for APO/FPO addresses, which we cannot control.
13. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
If copy written material is used on your coin design, you assume full responsibility for its use. You are responsible for obtaining permission from the legal copyright holder and agree to hold pinable.com, it's factories and employees harmless in any legal action taken against you for copyright violations. According to copyright law, any work of art, image, photograph or expression is copyright from the time it is created. It does NOT have to have a copyright symbol or notice to be copy written! Downloading images from a web site is also violation of copyright laws, please obtain all permissions prior to placing an order. In most cases copyright holders offer permission with little or no compensation, please ask for permission first.
Pinable.com respects the intellectual property of others, and we ask our users to do the same. pinable.com may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts who may repeatedly infringe upon or attempt to infringe upon these property rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide pinable.com Copyright Agent the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Pinable's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
6635 W Happy Valley Rd.
Glendale, AZ 85310
14. Purchase Orders and Solicitation Contracts:
- Do ask for an accurate delivery time.
- Do ask for an accurate quote.
- Complete everything in full detail on the contract.
- Please submit a signed contract outlining the order.
- Payment will be due as a NET30 with no exceptions after delivery is made via USPS Priority.
- After receipt of the contract and a returned copy with our
acceptance and signature, we will begin our service.
- If any changes occur during the use of our service that may
affect the total cost, full production will not begin until a
new amended contract is issued and signed.
- Penalties will occur for late payment as 5% of the total order,
per day past due.
- Please also complete with credit card information and attach our order form as part of the contract, no credit card information means we will not accept the order. If you would like to secure the order with a checking account, please complete this order form: The credit card or bank account will not be charged as long as the order is not cancelled.
- Address the contract number on the order form as the
- Contracts that are incomplete of the above items will be
- (Effective June 1st, 2013: An additional 10% of the total bill will be added to any and all purchase orders and contracts. Payment on orders are due upon receipt of the order form or before any reorder, by credit card, check or money order at the time the order is placed and avoid this fee.)
15. GENERAL INFORMATION
Entire Agreement. The TOS constitute the entire agreement between you and pinable.com and govern your use of the Service, superseding any prior agreements between you and pinable.com.
Choice of Law and Forum. The TOS and the relationship between you and pinable.com shall be governed by the laws of the State of Arizona without regard to its conflict of law provisions. You and pinable.com agree to submit to the personal and exclusive jurisdiction of the courts located within Maricopa County, Arizona.
Waiver and Severability of Terms. The failure of pinable.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) months after such claim or cause of action arose or be forever barred.
State tax. Arizona and Pennsylvania residents are subject to state tax. Transactions made within the city limits of Peoria, AZ are subject to local city tax. Tax exempt status or Use tax must be brought to our attention promptly. Submission of proper paperwork regarding such exemption will be necessary.
Cash payments. Cash collected on your end must be mailed to our address in the form of check or money order.
Refunds/Returns. Due to the nature of the custom products we create; refunds are not available. Returns - see 10. DISCLAIMER OF WARRANTIES