The term F.F. Ertl3, Inc. dba ‘Die Cast Promotions’ or ‘us’ or ‘we’ or 'DCP' refers to the owner of the website whose registered office is 14868 West Ridge Lane, Suite 100 Dubuque, IA 52003.
The term ‘you’ refers to the user or viewer of our website.
All internet sales are final. Defective merchandise may be exchanged within 30 days of the purchase date excluding mishandling and/or excessive use. Item must be in original packaging. Please email email@example.com or call 563-583-3468 for return authorization. In the event an item is returned, we will do our best to replace the product with the exact peice purchased. If we are unable to replace exactly you will be given credit towards your next purchase. Credit is computed as Order total less shipping and handling charges and other associated charges.
For all other return policy questions, please contact firstname.lastname@example.org or call 563-583-3468.
Other Terms and Conditions of our website
Our Die-Cast Promotions (DCP) personalized products area of this website has been designed exclusively for the personal use and enjoyment of our customers.
For your protection and ours, upon checkout, you will be asked to check a box to indicate that you have read and agree to be bound by the terms of this agreement.
1. Responsibility for Your Photo Images
You are solely responsible for all of the photo images that you submit using our site. You must either own all right, title and interest in and to the copyrights in the images, or have express permission from the copyright owner to copy and use such images for all purposes related to our site. Your images must not violate or infringe upon the rights (including other intellectual property rights, privacy, moral or publicity rights) of others. Professional images that are provided to you by professional photographers or made available through websites, magazines, books or other resources, are protected by copyright and should not be submitted without written permission.
2. Responsibility for Logos and Marks Usage
You are solely responsible for all of the brand, product, service, trade and team marks and logos that you submit using our site. You must either own all right, title and interest in these logos and marks, or have permission from the legal owner to use such logos and marks for all purposes related to our site.
You agree not to use DCP’s personalized products for the following:
a: For any unlawful purposes;
b: To submit or order for printing any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing,
abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
c: To submit or order for printing any material that infringes or violates any right of a third party including: (a) copyright, patent, trademark,
trade secret or other proprietary or contractual rights; (b) right of privacy, specifically, you must not distribute another persons personal
information of any kind without their permission;
d: To create products using any of DCP’s licensed marks including but not limited to, DCP’s collegiate or MLB® marks for commercial- or
business-related purposes, or to advertise or offer to advertise or sell any products or services. All DCP personalized products are intended
for retail consumers to purchase and enjoy as a personal keepsake.
No product may be co-branded without the express written consent of DCP and all applicable licensed marks owners;
e: To create any product that has references to alcohol or drugs.
4. Subject Matter Restriction – Collegiate Athletes’ Policy
DCP policy strictly prohibits our personalized products customers from using any and all subject matter including, but not limited to, photographs and text which includes any current college student athletes’ recognizable name, image, likeness or number for any purpose whatsoever. There will be absolutely no exceptions to this policy.
DCP reserves the right to cancel any product order based upon the above criteria as unilaterally determined by Die-Cast Promotions.
5. Image Rights
Die-Cast Promotions does not claim ownership rights in any image that our customer’s provide to us when ordering personalized products. In order to enable us to fulfill orders for you or others who have access to your images, you grant to Die-Cast Promotions a non-exclusive, royalty-free perpetual license to use, copy, distribute and display those images. This license includes granting permission to DCP to use your images for marketing purposes including the DCP website, sample merchandise and any and all other mediums DCP elects to promote and market our personalized products merchandise.
6. Customer Service and Product Guarantee
DCP is very committed to making purchasing a personalized product so much easier than you ever imagined. It is very important to us that you are extremely pleased with your personalized item. We guarantee our personalized products to be free of manufacturing errors and product defects.
Please contact our Customer Service department if you have received a product that has a manufacturing error or product defect, and we will happily and quickly provide you with a replacement product. All damaged product requests must be presented to DCP within 30 days of receipt for replacement. Our Customer Service department will provide you with instructions on how to return your damaged product for a replacement.
We want your order to be made just the way you specified. We understand that everyone makes mistakes, so please review your personalized information very carefully before submitting your order. Check spelling, dates and names and image placement very carefully. You are welcome to email us first if you have questions about personalization before placing your order. Once your order is submitted, it will be emailed to you for your final approval after which no corrections or modifications will be made. Please note that on all replacement products we will reprint the exact art/text file that you submitted originally.
If you have any comments or questions about our products or items you purchased, please contact our Customer Service department at 563-583-3468 or email at email@example.com.
We have a firm commitment to safeguarding your privacy.
We do not release our customer’s personal information to third parties.
Our site uses an order form for customers to request products and services. During order submission, we collect the customer’s personal information (name, address, phone number, email address, etc.) and financial information (credit card numbers). Personal information from the order form is used by Die-Cast Promotions and its agents to produce and send orders to our customers, and to contact the customer if necessary. Financial information that is collected is used to bill the user for products and services for that purchase only.
Die-Cast Promotions will never sell any customer information to third parties.
8. Disclaimer of Warranty and Limitation of Liability
DCP PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. DCP DISCLAIMS ANY WARRANTY FOR THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THIS SERVICE. WE DO NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THIS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE OR THE SERVERS THAT SUPPORT IT WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY OR THE COMPLETENESS OF ANY CONTENT RELATED TO PRODUCTS ON THIS SITE. YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT TO DCP, AND THE UPLOAD OF ANY MATERIAL THROUGH OUR SERVICE IS DONE AT YOUR OWN RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR IMAGE OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE UPLOADING OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACKUPS OF YOUR DIGITAL CONTENT. IN THE EVENT OF ANY LOSS OR DAMAGE TO YOUR CONTENT, DCP SHALL NOT BE LIABLE. DCP WILL ONLY BE LIABLE TO THE EXTENT OF OUR RETURN POLICY. EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPHS, TO THE FULLEST EXTENT ALLOWED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE DCP’S SITE OR THIS SERVICE; (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY DCP’S SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SITE OR DCP’S SERVICE; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR, (V) ANY OTHER MATTER RELATING TO DCP’S SITE OR SERVICE OR PRODUCTS OFFERED ON DCP’S SITE, EVEN IF DCP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY WITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, DCP’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL IN NO EVENT EXCEED $100.00.