Terms And Conditions

Your Marketing Supply — Terms & Conditions 

Version Date: October 31, 2025

1) Definitions

Company means Your Marketing Supply LLC ("YMS"). Website means www.yourmarketingsupply.com and any related channels or mobile apps. Products means all goods we sell, including custom‑printed items and hardware. Order means a purchase of Products and/or services. Client or you means the purchaser. Proof means any digital mockup, artwork proof, pre‑production sample, or specification sheet we provide. Business Day means Monday–Friday excluding federal U.S. holidays.

2) Terms of Sale (Custom Products Control)

2.1 Custom Nature; No Right to Cancel After Approval. Most Products are custom‑made to Client specifications. All custom Orders are final once (a) artwork is approved or deemed approved under §4.5 or (b) payment is processed, whichever occurs first. After that point, Orders cannot be cancelled, refunded, or charged back, except where required by law.

2.2 Non‑Custom or Stock Items. Non‑custom items, if any, may be returned only with prior written authorization (RMA) within 7 days of delivery, unopened and in resalable condition; a 20% restocking fee and all return shipping apply. Software, digital services, and proofs are non‑returnable.

2.3 Minimums & Tolerances. Industry‑standard over/under quantity variance of ±5% may occur on custom print runs; invoicing will reflect actual delivered quantity within this tolerance.

2.4 Color & Material Variance. Reasonable color, substrate, and finish variances may occur due to device screens, inks, substrates, and processes. Pantone® matches are commercial best‑effort only unless a paid press proof is purchased and approved. Variance within normal commercial tolerances is not a defect.

2.5 Fit/Compatibility. Client is responsible for ensuring dimensions and compatibility (e.g., cups, lids, trays). We may advise as a courtesy, but final responsibility remains with Client.

3) Pricing; Payment; Taxes; Security

3.1 Pricing. Quotes are valid for 7 days unless stated otherwise and may exclude freight, duties, and taxes unless itemized. YMS may correct clerical pricing errors even after payment.

3.2 Payment Terms. Unless expressly agreed in writing: 50% prepayment is required before production. For approved credit accounts, invoices are due NET 14 from date of order. Late balances incur 1.5% per month (18% APR) or the maximum allowed by law.

3.3 Non‑Refundable Deposits & Work‑in‑Progress. Any deposit, artwork time, proofs, plates, dies, molds, or partial production are non‑refundable once initiated. If Client cancels before approval, YMS may retain amounts to cover time, materials, and third‑party costs incurred to date.

3.4 Sales/Use Taxes; Duties. Client is responsible for all applicable taxes, duties, and import fees. Provide valid exemption certificates before invoicing.

3.5 Chargeback Waiver & Dispute Cooperation. Client agrees not to initiate credit card, ACH, or other payment disputes (chargebacks) for delays, force majeure, third‑party carrier issues, or other risks allocated to Client under these Terms. If a chargeback is initiated, Client agrees to immediately withdraw it and to reimburse YMS for bank/processor fees and reasonable attorneys’ fees incurred responding. Client authorizes YMS to provide proofs, approvals, logs, and delivery evidence to processors in dispute responses.

4) Artwork, Proofing & Approvals

4.1 Client‑Supplied Files. Client represents it owns or has rights to use all submitted artwork and content, and that such use does not infringe any third‑party rights. Client indemnifies YMS for any claims arising from Client‑supplied content.

4.2 Design Services. Unless otherwise quoted, YMS includes standard layout & basic design time. Complex design is billed hourly.

4.3 Proofs Provided. YMS will provide digital proofs/mockups. Production does not begin until the latest proof is approved in writing (email or platform confirmation) or deemed approved under §4.5.

4.4 Proof Review Responsibility. Client must review all details (spelling, color callouts, dimensions, placements, quantity, bleed/safe areas). Approval constitutes acceptance of all elements.

4.5 Deemed Approval / No Response. If YMS sends a proof and Client does not respond within 72 hours, YMS may (a) hold the Order without liability for timeline impact, or (b) deem the proof approved and proceed using the latest proof to protect stated delivery targets, at YMS’s discretion.

4.6 Change Orders. Any post‑approval changes (art, size, quantities, finishes, shipping method) are subject to re‑quoteand may reset timelines. Additional fees apply.

5) Production Timelines; Delays; Force Majeure

5.1 Estimated Lead Times. Any dates provided are estimates, not guarantees. Lead times begin after: (i) payment clears, (ii) proof approval (or deemed approval), and (iii) receipt of all final assets.

5.2 Third‑Party Production & Dropship. Client acknowledges YMS brokers and coordinates production with vetted partners. Third‑party delays (e.g., material shortages, equipment outages, quality holds) are not grounds for cancellation, refund, or chargeback. YMS will use commercially reasonable efforts to expedite or propose alternatives.

5.3 Force Majeure. YMS is not liable for delay/failure caused by events beyond reasonable control, including: natural disasters, extreme weather, fires, floods, epidemics, war, sanctions, labor shortages/strikes, utility failures, acts of government/customs, carrier disruptions, port congestion, or supply‑chain issues. Remedy is schedule extension equal to impact plus reasonable recovery time.

5.4 Client Delays. Delays caused by Client (late approvals, asset changes, missed communications, unpaid balances) extend timelines. Storage or re‑delivery fees may apply if shipment is refused or unclaimed.

6) Shipping; Risk of Loss; Inspection

6.1 Methods & Terms. Unless specified, YMS selects carriers. Freight terms are typically FOB Origin (risk of loss passes to Client at carrier pickup) for domestic shipments and DAP (Delivered At Place) for international unless quoted otherwise.

6.2 Signatures & Delivery Confirmation. YMS may require adult signature at delivery for high‑value shipments. If signature is waived at Client request, Client assumes all risk after carrier scan "delivered."

6.3 Damage/Shortage Claims. Inspect upon delivery. Note damage/shortage on the carrier delivery record and notify YMS in writing within 48 hours with photos and packaging details. Failure to do so may limit YMS’s ability to assist.

6.4 Lost in Transit. Carrier investigations may take 7–15 Business Days (or longer internationally). Replacement or credit, if any, will be issued after carrier adjudication.

7) Warranties (Limited); Returns

7.1 Printed Products. Indoor printed products: 1‑year limited warranty; outdoor printed products: 6‑month limited warranty, each against manufacturing defects only.

7.2 Display Hardware. Indoor hardware: 1‑year limited warranty; outdoor hardware: 6‑month limited warranty, each against manufacturing defects only.

7.3 Exclusions. Normal wear and tear (including fading), misuse, alteration, vandalism, theft, improper assembly, wind/weather exposure, damage during transit, use with non‑YMS items, and failure to follow instructions are excluded.

7.4 Procedure & Remedy. Submit written claims within 8 days of receipt (or discovery for latent defects within the warranty term). Upon validation, YMS may repair or replace within 14 days of receiving the returned goods. If replacement fails, Client may seek price reduction or rescission for the affected item. Return authorization is required; unauthorized returns may be refused.

8) Intellectual Property; Portfolio Use

8.1 Client IP. Client retains ownership of its marks and content. Client grants YMS a non‑exclusive, worldwide, royalty‑free license to use Client marks/content to manufacture the Order and to display finished work in YMS’s portfolio, Website, and social channels, unless Client opts out in writing before approval.

8.2 YMS IP. All YMS content, website code, templates, and marks are owned by or licensed to YMS. No rights are granted except as expressly stated.

9) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YMS’s aggregate liability arising out of or related to any Order will not exceed the amount Client paid for the specific Products giving rise to the claim during the three (3) months preceding the event. No liability for indirect, incidental, consequential, special, punitive damages, lost profits, or business interruption.

10) Indemnification

Client will defend, indemnify, and hold harmless YMS, its affiliates, and personnel from claims, losses, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) Client content or specifications; (b) misuse of Products; (c) breach of these Terms; or (d) alleged infringement caused by Client‑provided materials.

11) Dispute Resolution; Class Action Waiver

11.1 Governing Law & Venue. Texas law governs without regard to conflicts rules. Exclusive venue lies in El Paso County, Texas, or the U.S. District Court for the Western District of Texas, except that either party may seek injunctive relief in any court of competent jurisdiction.

11.2 Arbitration (Optional but Recommended). At YMS’s election, any dispute relating to an Order may be resolved by binding arbitration administered by the AAA under its Commercial Rules, in El Paso, Texas, before a single arbitrator. Discovery shall be limited and expedited. Judgment may be entered on the award. CLASS ACTIONS ARE WAIVED; disputes must be brought in an individual capacity. Each party bears its own fees; the arbitrator may award fees to the prevailing party where authorized by law.

11.3 Notice of Claim; Time Limit. A written notice describing the claim must be provided within 30 days of discovery. Any action must be filed within two (2) years of accrual.

12) Site Use; Prohibited Conduct; Account Security

(Consolidated from prior Terms of Use.) Users shall not misuse the Website, attempt to gain unauthorized access, scrape, reverse engineer, or otherwise interfere with site operations. Keep credentials confidential; you are responsible for activity under your account.

13) Privacy; E‑Sign Consent

Use of the Website and messaging services is subject to the Privacy Policy, which forms part of these Terms. You consent to transact electronically and to receive records and notices electronically. Maintain current contact details to receive updates.

14) Messaging (SMS/MMS) Program Terms (TCPA Compliance)

By opting in, you consent to receive recurring automated marketing and informational texts from YMS to the mobile number provided, using an automatic telephone dialing system. Consent is not a condition of purchase. Message frequency varies. Message & data rates may apply. Reply STOP to cancel, HELP for help. For support: sales@yourmarketingsupply.com or (915) 710‑3118. Carriers are not liable for delayed or undelivered messages. Before changing or transferring your number, reply STOP or notify us. We may change short codes or long codes at any time. See our Privacy Policy for data practices.

15) Modifications

We may update these Terms by posting a revised version with a new Version Date. Continued use or placement of new Orders after the effective date constitutes acceptance.

16) Miscellaneous

If any provision is unenforceable, it will be severed and the remainder enforced. No waiver is a continuing waiver. You may not assign without YMS’s consent; YMS may assign. Headings are for convenience only. These Terms constitute the entire agreement relating to the subject matter and supersede prior terms.

17) Contact

Your Marketing Supply LLC
Fabens, Texas
Email: sales@yourmarketingsupply.com
Phone: (915) 710‑3118

Exhibit A — Production & Shipping Summary (Client‑Facing)

  • Approvals required. Production clock starts after payment + final proof approval.

  • Typical variances. Color/material and quantity ±5% considered acceptable/commercially reasonable.

  • Target dates are estimates. Weather, customs, carriers, and supply chain may shift dates.

  • Delivery confirmation. Signature may be required; risk passes at carrier pickup (domestic) or delivery per quote terms.

  • Damage/loss. Note on carrier record at delivery and email us within 48 hours with photos.

Exhibit B — Chargeback & Cancellation Acknowledgment (Checkout Checkbox Text)

By placing this Order, I confirm that I have reviewed and approved all proofs/specifications. I understand that custom Orders are final once approved or paid and cannot be cancelled or refunded due to production or carrier delays outside the control of YMS. I agree not to file a payment dispute/chargeback for such delays and authorize YMS to provide approvals and delivery evidence to my payment provider in response to any dispute.