Terms & Conditions

Your use of the varsity-marketing.net (the "Site") is governed by the policies, terms, and conditions set forth below. Please read the following information carefully. By using this Site or submitting an order for products or services, you indicate your acceptance of, and agreement to be bound by, the terms and conditions set forth below. If you do not agree to these terms and conditions, please do not use this Site and please do not submit any orders for products or services. These terms and conditions may be changed by WOW Enterprises, LLC. Dba Varsity Marketing in the future. It is your responsibility as a user to periodically return to this page to review the terms and conditions for amendments. The amended terms shall take effect automatically the day they are posted on the site. Your continued use of the varsity-marketing.net web site following any amendments will constitute agreement to such amendments.

Payment Options

We accept VISA, MasterCard, ACH, and purchase orders. Please contact an account rep if you want to pay by any means other than credit card. We will not charge your credit card until the order is approved. Credit card orders shipped to a location other than your billing address may require additional verification. All prices on the WOW Enterprises, LLC dba Varsity Marketing site are quoted in USD and all orders must be transacted in the same.

Prices & Availability

Due to the fast pace of the computer and consumer products industries, all prices are subject to change without notice. We make every effort to provide you with the most accurate, up-to-the-minute information. Despite our best efforts, a small number of the items on our web site may be mispriced. In the event a product is listed at an incorrect price due to typographical, photographic, or technical error or error in pricing information received from our suppliers, WOW Enterprises, LLC dba Varsity Marketing shall have the right to refuse or cancel any orders placed for product listed at the incorrect price.

If a product is not in stock when you place your order (for example, not yet available or sold out), we will do our best to let you know and to let you know when we anticipate the product will be available. Anticipated delivery dates are dependent upon vendor supplies and other factors and are subject to change. We will also suggest alternative options that are similar in price and quality.

Cancellations and Alterations to Existing Orders

Once a proof has been created by our art department, cancellations may be charged a $30 service fee which may include, but are not limited to, art charges and order entry prep time.

If an order is canceled after you have approved the proof and order, cancellation charges will be based upon the stage of production for your order. If screens are already produced, you will be charged for the screen or die charges along with the $30 service fee from our art department. Often, items are printed a few days in advance and left to air dry (depending on the printing technique). If your items are already printed, your order can't be canceled.  We know that changes may occur and will work with you to come to a resolution which is in the best interest of both parties. The best way to avoid cancellation fees is to be 100% confident that you want to move forward with your order. Please make your selections carefully and thoughtfully.

Overrun and Underrun

Due to manufacturing quality and production standards, there will be overruns and occasionally underruns. WOW Enterprises, LLC dba Varsity Marketing will do everything possible to reduce this occurrence. The industry standard on most products is + or - 10%. For instance, if you order 1000 pens, you could potentially receive between 900 and 1100 pens. Exceptions to the above are paper and plastic bags. which may vary up to 25%.  We will charge only for the actual quantity shipped. If less items ship than ordered, we will refund the difference. If more items ship, we will charge for the total quantity shipped

Typographic, Photographic & Technical Errors

Although we do our best to achieve 100% accuracy, occasionally errors & inaccuracies do occur. Should you encounter an error or inaccuracy, please inform us so it can be corrected. Products & packaging depicted may differ from stock available at time of shipment. We reserve the right to substitute equivalent items.

Warranty Disclaimer and Limitations on Liability

WOW Enterprises, LLC dba Varsity Marketing passes through to its customers all manufacturers’ warranties and guarantees that are provided for the products it sells. varsity-marketing.com makes no additional or independent warranties. To the full extent permissible by applicable law, WOW Enterprises, LLC dba Varsity Marketing disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.  WOW Enterprises, LLC dba Varsity Marketing shall under no circumstances be liable for special, incidental, consequential (including lost profits or opportunities) or punitive damages, even if it has been advised of the possibility of such damages. The maximum liability of WOW Enterprises, LLC dba Varsity Marketing for all damages shall be limited to an amount not to exceed the purchase price of the product. Likewise, WOW Enterprises, LLC dba Varsity Marketing will not be liable for any damages of any kind arising from the use of its catalog or web site, including but not limited to direct, indirect, incidental, punitive and consequential damages. WOW Enterprises, LLC dba Varsity Marketing makes no warranty as to the performance of any merchandise sold. We are not responsible for system downtime, lost data, etc. This disclaimer by WOW Enterprises, LLC dba Varsity Marketing in no way affects the terms of any applicable manufacturers’ warranties or guarantees. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights and remedies that vary from state to state.

Site Disclaimer and Limitation of Liability

This site, including any content or information contained within it or any site-related service, or any product or service licensed or purchased through the site, is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement. You acknowledge that any warranty that is provided in connection with any of the products or services described herein is provided solely by the owner, advertiser, manufacturer or supplier of that product and/or service, and not by WOW Enterprises. LLC dba Varsity Marketing. WOW Enterprises. LLC dba Varsity Marketing does not warrant that your access to the site and/or related services will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available is free of viruses or other harmful components. WOW Enterprises. LLC dba Varsity Marketing does not warrant or make any representations regarding the use or the results of the use of any product purchased in terms of its compatibility, correctness, accuracy, reliability or otherwise. You assume total responsibility and risk for your use of this site and site-related services.

You agree that, except as provided under WOW Enterprises. LLC dba Varsity Marketing return policy, WOW Enterprises. LLC dba Varsity Marketing and its directors, officers, employees, agents, sponsors, consultants or other representatives ("service providers") shall not be responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages (including without limitation loss of profits, loss or corruption of data, loss of goodwill. work stoppage, computer failure or malfunction, or interruption of business) under any contract, negligence, strict liability or other theory arising out of or relating in any way to the site, site-related services, or any products or services offered, sold or displayed on WOW Enterprises, LLC dba Varsity Marketing site.

If the foregoing limitation is held to be unenforceable, the maximum liability of WOW Enterprises. LLC dba Varsity Marketing and its service providers to you shall not exceed the amount of fees paid by you for the products or services you have ordered through the site. Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so the above limitations and exclusions may not apply to you to the extent such jurisdiction's law is applicable to this agreement.

Disputes

Any claims against WOW Enterprises. LLC dba Varsity Marketing relating in any way to your purchases from WOW Enterprises. LLC dba Varsity Marketing regarding this agreement or any transaction between the customer and WOW Enterprises. LLC dba Varsity Marketing shall be brought in the state or federal courts located in Johnson County, KS, and the customer hereby agrees and submits to such jurisdiction and venue as exclusive and proper.

Governing Law

Transactions between you and WOW Enterprises. LLC dba Varsity Marketing, and any disputes arising between you and WOW Enterprises. LLC dba Varsity Marketing related to any interaction between you and WOW Enterprises. LLC dba Varsity Marketing, including but not limited to claims relating to the content of its catalogs and Web site, shall be governed by and construed in accordance with the laws of the State of Kansas without regard to the laws regarding conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Title - Risk of Loss

Title to items being purchased passes from WOW Enterprises. LLC dba Varsity Marketing to purchaser at the time of shipping. Customer takes on full liability for safety and validity of delivery address given to us at the time of purchase. WOW Enterprises. LLC dba Varsity Marketing will not incur any forwarding costs on shipments. WOW Enterprises. LLC dba Varsity Marketing shall not be responsible for damages or delays resulting from Acts of God, war, riot, seizure, terrorist activities, embargo or other acts or events outside of the reasonable control of WOW Enterprises. LLC dba Varsity Marketing.

Trademarks

WOW Enterprises. LLC dba Varsity Marketing and WOW Enterprises. LLC dba Varsity Marketing Logo are service marks of WOW Enterprises. LLC dba Varsity Marketing, LLC in the United States and other countries. WOW Enterprises. LLC dba Varsity Marketing' service marks may not be used in connection with any product or service that is not provided by WOW Enterprises. LLC dba Varsity Marketing, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits WOW Enterprises. LLC dba Varsity Marketing, LLC.

All other trademarks and registered trademarks displayed on the site are the trademarks of their respective owners and are not intended to imply any endorsement or affiliation between WOW Enterprises. LLC dba Varsity Marketing and these companies.

All trademarks and registered trademarks are used to benefit, and without intent to infringe on, the mark holder. WOW Enterprises. LLC dba Varsity Marketing logo is a registered trademark of WOW Enterprises. LLC dba Varsity Marketing, LLC.

WOW Enterprises. LLC dba Varsity Marketing reserves the right to use completed proofs or completed products in marketing materials that may be distributed across several channels, including social-media profiles, blogs, ads, brochures and more. These marketing materials are designed to positively promote both the WOW Enterprises. LLC dba Varsity Marketing brand and the customer's brand. Customers reserve the right to request that their completed proof, completed products or brand names are not included in these marketing materials. This request may be made via email, phone or in person. The lack of any such request – in addition to acceptance of the terms of service - indicates to WOW Enterprises. LLC dba Varsity Marketing that the customer has given WOW Enterprises. LLC dba Varsity Marketing permission to use the customer's art, products or name in marketing materials that promote both the WOW Enterprises. LLC dba Varsity Marketing brand and the customer's brand.

Making Purchases

If you wish to license or make purchases of products or services described on the Site, you will be asked to supply certain information, including but not limited to credit card or other payment information. You agree that all information that you provide to WOW Enterprises, LLC dba Varsity Marketing will be accurate, complete and current. You agree to pay all charges incurred by authorized users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable duties and/or taxes, shipping, handling, and processing charges relating to your purchases.

Order Acceptance Policy

The advertisement of any product on this site does not constitute an offer to sell. Your order or your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. WOW Enterprises. LLC dba Varsity Marketing reserves the right at any time after receipt of your order to accept or decline your order. WOW Enterprises. LLC dba Varsity Marketing reserves the right at any time after receipt of your order, without prior notice to you, to supply any item less than the quantity you ordered of any item in accordance with our order limitation policy. WOW Enterprises. LLC dba Varsity Marketing will accept files with PMS colors in EPS files. PMS Colors are matched as closely as possible based on the PMS colors. Exact color matching is not guaranteed.

All orders placed must obtain pre-approval with an acceptable method of payment, as established by our credit department. We may require additional verification or information before accepting any order.

Suppliers

All products and services available for order through the Site are distributed on behalf of third-party suppliers ("Suppliers"), unless otherwise indicated, and are sold with the Supplier's limited warranty. The warranty periods and service vary by Supplier and product. The full text of any such warranty is available, free of charge, upon written request addressed to WOW Enterprises. LLC dba Varsity Marketing, Attn: Manufacturer's Warranty Request. Certain optional extra protection may be available at additional cost.

Except for WOW Enterprises. LLC dba Varsity Marketing Return Policy, all your rights and remedies with respect to your order, purchase, possession, and use of the products and services and all maintenance, update, warranty, liability, and any other obligations related to the products and services, if any, shall be governed by the applicable policies and procedures of the Suppliers.

Returns & Exchanges

Returns and exchanges are not allowed for decorated goods unless the product is defective, or a printing error is our fault. Returns are not allowed if you approved a proof with a mistake in it.

Shipping Policies

WOW Enterprises. LLC dba Varsity Marketing ships our products using national carriers such as UPS and FedEx. Our primary shipping method is FedEx, which allows us the best discount on shipping. We have also found that FedEx is the most reliable delivery method for those critical deadlines. We can offer shipping by Ground, 3-DAY, 2nd DAY, and NEXT DAY methods. Select the most appropriate method during checkout to ensure arrival by your event date. Promotional products from WOW Enterprises. LLC dba Varsity Marketing ship from hundreds of factories around the United States and Canada. We cannot guarantee the reliability of any shipping method since we do not control any of the carriers. All that WOW Enterprises. LLC dba Varsity Marketing can do is to ship on time by the most appropriate shipping method to meet your event date. Should a problem arise, we can take care of coordinating with UPS or FedEx and oversee the proper delivery of your promotional items.  In some instances, specific factories only allow shipping by UPS or by FedEx. In these cases, we have no choice but to ship by the specified carrier.

Additional Information

WOW Enterprises. LLC dba Varsity Marketing' policies are subject to change without notice. We do our best to ship all orders as rapidly and accurately as possible; however, WOW Enterprises. LLC dba Varsity Marketing is not liable for late or delayed shipments or system failures. Title to items being purchased passes from WOW Enterprises. LLC dba Varsity Marketing to purchaser at the time of shipping. If you purchase items for export, you must obtain from the Federal government certain export documentation. All trademarks and registered trademarks are used for the benefit of their respective owners.

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This agreement constitutes the entire agreement between the parties relating to the subject matter herein and cannot be modified except in a written agreement signed by both parties. Any heading, caption, or paragraph title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof.

WOW Enterprises. LLC dba Varsity Marketing reserves the right to refuse any order that may transmit any offensive, harmful, unlawful, threatening, libelous, defamatory, obscene, abusive, hateful, inflammatory, discriminatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate the law.