TERMS AND CONDITIONS
SPLASH PUBLICATIONSAdvertising Terms & Conditions
In these terms and conditions, “Publisher” means Splash Publications LLC,, whose registered office is: 7958 Durango Street, Denver Colorado, 80221 and “Advertiser” means the party, or any agent acting on their behalf, who makes an order to place advertising with the Publisher.
Advertising Orders
1. These terms and conditions shall apply to all advertisements which the Advertiser has asked the Publisher to publish in any of their publications (“an Order”) and by making such an Order, the Advertiser agrees to be bound by these terms.2. All Orders may be made in writing and submitted to the Publisher via USPS to: Splash Publications, 7958 Durango Street, Denver, Colorado, 80221 or submitted online using the Online Order Form at www.splashpublications.net or emailed to the Publisher using mmendez@splashpublications.net . These are the forms stipulated by the Publisher and are in accordance with the Publisher’s instructions. The Publisher is not obliged to accept any Order and is entitled to reject any Order or advertisement at its sole discretion, in which case the Publisher will notify the Advertiser as soon as possible after receipt of the Order.3. If the advertisement supplied by the Advertiser is not in the requisite form and does not comply with the Publisher’s instructions, the Publisher reserves the right to charge the Advertiser for any additional costs incurred for any production work and/or to publish any previous relevant advertisement received from the Advertiser instead and/or to treat the Order as cancelled.4. All advertisements for publication must be supplied to the Publisher by the relevant deadline date which will be notified to the Advertiser at the time the Order is made. If the advertisement is not received by the stipulated date, the Publisher is entitled to treat the Order as cancelled. If an advertisement is supplied after the copy date and the Publisher decides to publish the advertisement, the Publisher gives no warranty as to the accuracy of the published advertisement.5. Any notice from the Advertiser to cancel or suspend an Order must be made in writing, or emailed, and received by the Publisher one week before the published deadline. Any cancellation or suspension notice received after this time will be charged in full.
COPY AND PUBLICATION
6. All advertisements are subject to the Publisher’s approval. The Publisher will endeavor to place an advertisement in the section of the publication requested by the Advertiser and/or on the date requested, but the Publisher gives no guarantee about the insertion, position, date or classification of the advertisement. The final decision for publication always remains with the Publisher. The Publisher also reserves the right to place the word “advertisement” or “advertisement feature” with any advertisement received if it deems it necessary to distinguish it from editorial copy.7. The Advertiser warrants and represents that the advertisement:a) Is legal, decent, honest and truthful, and complies with the provisions of the American Advertising Federation (AAF) and any other relevant advertising standards or applicable codes; b) Is not defamatory, obscene, offensive or illegal, and does not infringe the intellectual property rights, or any other legal rights, of any third party; c) complies with all relevant laws, statutes or regulations in the United States.8. The Publisher shall retain all copies of the advertisement in whatever format it is received from the Advertiser unless it is agreed at the time the Order is made that the copy shall be returned. Any property, artwork or other items received from the Advertiser are held by the Publisher at the Advertiser’s risk and should be insured by the Advertiser against loss or damage from whatever cause. The Publisher shall not be held liable for any loss or damage to any such property or materials, including artwork or photographs, and shall be entitled to destroy, without notification to the Advertiser, any such property or materials which have been in its custody for more than six months.9. The Advertiser retains all copyright and other intellectual property rights in any artwork provided by the Advertiser to the Publisher for inclusion in the publication, and hereby grants to the Publisher a perpetual, worldwide, non-exclusive license to publish the artwork in all and any media. The Publisher retains the copyright and all other intellectual property rights in the typographical arrangements of any advertisement which it creates on behalf of the Advertiser.10. Any copy submitted by the Advertiser to the Publisher for setting must be supplied by the date agreed in the Order. Providing such deadlines are met, the Publisher will supply the Advertiser with proofs which must be returned in adequate time for amendments to be made. The Publisher will not provide proofs of any complete advertisements which are provided for publication.
PAYMENT
11. The Publisher sets out the cost of advertising on their website AND under the tab marked “Store”. The Publisher reserves the right to review its rates at any time. Unless otherwise agreed in writing between the parties, all orders are accepted on the basis that the price binds the Publisher only in respect of the next publication. Notwithstanding the provisions of clause 5, if the Publisher increases its rate after an Order has been received, the Advertiser shall be entitled either to accept the revised rates for the remainder of the Order or to cancel the remainder of the Order without any further cost.12. The Advertiser must pay the Publisher when placing an Order OR from a Mailed Invoice from the Publisher to the Advertiser with a check made out to SPLASH PUBLICATIONS for the full amount unless the Publisher agrees to credit payment terms, which it shall do so at its sole discretion. The Publisher’s credit payment terms are strictly 30 days from the date of the invoice. Without prejudice to any other rights or remedies, the Publisher reserves the right to charge interest on any overdue amounts at the rate of 5% above the base lending rate from time to time of Publishers bank, which interest shall accrue daily from the due date to the date of actual payment. If the Advertiser fails to pay any sums due by the published deadline date, the Publisher reserves the right to suspend its performance of its obligations under these terms and/or to terminate the contract with immediate effect.
CANCELLATION
13. If the Advertiser cancels the balance of an Order for a series of advertisements (except where this has resulted from an increase in the rates), the Publisher shall be entitled to surcharge for any discount that had been agreed in respect of the advertisements that have already been published.Indemnities and Liability14. The Advertiser hereby indemnifies the Publisher, and keeps the Publisher fully indemnified, from and against all and any damages, losses, costs and expenses (including the Publisher’s reasonable legal expenses) incurred by the Publisher arising out of or in connection with the advertisement and/or any breach by the Advertiser of any of the warranties provided under these terms and conditions.15. The Publisher shall not be held liable for any costs, claims, liabilities or damages of any kind resulting from any decision by the Publisher to reject any advertisement pursuant to clause 2 of these terms.16. The Publisher shall use all reasonable endeavors to avoid mistakes but does not accept liability for any errors or omissions in the published advertisement caused by the acts or omissions of any third party or arising as a result of inaccurate or ambiguous instructions by the Advertiser or due to any other occurrences beyond its reasonable control. The Advertiser hereby acknowledges that a failure by the Advertiser to provide an advertisement before the copy deadline, or in time for any corrections to be made before the publication goes to press, shall not give rise to any liability on the part of the Publisher.17. The Publisher shall have no liability to the Advertiser if the advertisement is not published on any agreed date because of a strike, lock-out, fire, storm, earthquake, hurricane, tornado, lightning strike, flood, riot, explosion, power failure, break-down or failure of systems or machinery or any other event beyond the Publisher’s reasonable control.18. Notwithstanding any of the other provisions in these terms and conditions, the Publisher’s liability in contract, tort or otherwise, shall not exceed the price of the Order, and the Publisher shall not be liable for any consequential or indirect loss or damage suffered by the Advertiser, including any loss of income or profit, loss of contracts or damage to goodwill. Such exclusion and limitation shall not apply in respect of fraud, death or personal injury or any other liability which may not be excluded or limited by law.
DISPUTE RESOLUTION
19. The parties agree to communicate regularly about any open issues or process problems that require resolution. The parties will attempt in good faith to resolve any dispute and as a precondition to commence legal proceedings, first by direct communications between the persons responsible and next by negotiation between executives with authority to settle the controversy. Either party may give the other party a written notice of any dispute not resolved in the normal course of business. After delivery of the notice, the receiving party will submit to the other party a written response without undue delay. The notice and the response will include a statement of each party’s position and a summary of arguments supporting that position and the name and title of the executive who will represent that party. The executives of both parties might also meet at a mutually acceptable time and place, including by phone, and thereafter as often as they reasonably deem necessary, to resolve the dispute. All reasonable requests for information made by one party to the other will be honored. All negotiations pursuant to this clause are confidential and will be treated as compromise and settlement negotiations for purposes of applicable rules of evidence.
REFUND POLICY
20. Thank you for shopping at Splash Publications!We offer a refund and/or exchange within the first 30 days of your purchase, if 30 days have passed since your purchase, you will not be offered a refund and/or exchange of any kind. Refunds will be processed within 7-10 business days after we receive the returned item.
ELIGIBILITY FOR REFUNDS AND EXCHANGES
• Your item must be unused and in the same condition as you received it.• The item must be in the original packaging.• To complete your return, we require a receipt or proof of purchase.• Only regular priced items may be refunded, sale items cannot be refunded.• If the item in question was marked as a gift when purchased and shipped directly to you, you will receive a gift credit for the value of your return.
EXCHANGES (if applicable)
We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at (Add Relevant Email Address) and send your item to: (Relevant Address).
EXEMPT GOODS (if applicable)
The following are exempt from refunds:• Gift cards• Some health and personal care items – which are offered seasonally.Partial refunds are granted (if applicable)• Any item not in its original condition is damaged or missing parts for reasons not due to our error.• Any item that is returned more than 30 days after delivery.Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain number of days.Late or missing refunds• If you have not received a refund yet, first check your bank account again. Then contact your credit card company, it may take some time before your refund is officially posted.• If you have done all of this and you still have not received your refund yet, please contact us at (email and or phone number)
SHIPPING
• Please do not send the product back to the manufacturer. It must be sent to the following Address: Splash Publications, 7958 Durango street, Denver, Colorado 80221.• You will be responsible for paying your own shipping costs for returning your item.• Shipping costs are non-refundable! If you receive a refund, the cost of return shipping will be deducted from your refund.• Depending on where you live, the time it may take for your exchanged product to reach you may vary.• Please understand, we cannot guarantee that we will receive your returned item, but we will remain with all due diligence to let you know when a returned item has been received.
MISCELLANEOUS
21. These terms and conditions constitute the entire Agreement between the parties and supersede any previous agreement between the parties. The Advertiser shall not be entitled to rely on any representation or warranty, express or implied, which is not contained in these terms or the Order form.22. A person who is not a party to the terms and conditions has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term.23. In the event that any term is held to be invalid or unenforceable, the remainder of these terms shall continue in full force and effect and the parties shall use their best endeavors to substitute the invalid or unenforceable term with an appropriate provision which is valid or enforceable to give effect to the intention of the parties.24. If the Publisher fails to enforce any right or term at any time and for any period, such action will not be construed as a waiver of the right or term in question and shall not affect the Publisher’s right to enforce or exercise the right or term at a later date.25. These terms and conditions and any terms in the Order form shall be governed and construed in accordance with the Laws of The United States and the Advertiser submits to the exclusive jurisdiction of the US courts in connection with all disputes, claims or actions arising out of or in connection with these terms.