Website Terms & Conditions
Introduction
This legal disclaimer notice (the “Terms and Conditions”) applies to the entire contents of the websites under the domain names Amscan.com and GrasslandsRoad.com, which are owned and operated by Amscan Inc (hereforth referred to as the "Websites" or "Our Websites" or "Sites"), to any associated websites owned or operated by Amscan Inc., and to any online or email correspondence between Amscan Inc and you. Please read these terms carefully before using these websites. Use of these sites indicates that you accept these terms regardless of whether or not you choose to register with us. You may access some areas of these sites without registering your details with us; however, certain portions and benefits of Amscan.com and GrasslandsRoad.com are only available to trade retailers upon registration.
By accessing and using GrasslandsRoad.com and/or Amscan.com, you accept this legal disclaimer in full. If you do not accept this legal disclaimer in its entirety, you must cease using both websites immediately.
Copyright Protection Notice The contents of GrasslandsRoad.com and Amscan.com are subject to copyright protection. Any rights not expressly granted herein are reserved. Reproduction, transfer, distribution, or storage of part or all of the contents in any form other than downloading photos for personal use is prohibited. Your access to this site should not be construed as granting, by implication, or otherwise, any license or right to use any trademarks appearing on the site without the prior written consent of Amscan Inc.
Intellectual Property Rights Unless otherwise stated, we or our licensors own the intellectual property rights in the Websites and material on the Websites. Subject to the license below, all our intellectual property rights are reserved.
Trademarks
The Amscan Inc. name, and all related names, logos product and service names, designs, and slogans are trademarks of Amscan Inc. or its affiliates or licensors. You must not use such marks without the prior written permission of Amscan Inc. All other names, logos, product and service names, designs, and slogans on the Websites are the trademarks of their respective owners.
License to Use Website You may view, download for caching purposes only, and print pages or images from the website, provided that the following three terms are all met:
· you accept everything on our website is licensed under our copyright,
· you are permitted to use (reproduce) our images solely for the purpose of selling and promoting our products, and
· you must not edit or otherwise modify any material on the website.
· you must not use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
· you must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Websites
· you must not access or use for any commercial purposes any part of the Websites or any services or materials available through the
Websites.
The use of press releases and other documents classified as public is permitted in public communications if the source of the information is accurately stated.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Websites in breach of these Terms and Conditions, your right to use the Websites will stop immediately and you must, at our option, return or destroy copies of the materials you have made. No right, title, or interest in or to the Websites or any content on the Websites are transferred to you, and all rights not expressly granted are reserved by Amscan Inc. Any use of the Websites not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.
Service Access While Amscan Inc endeavors to ensure that these websites are normally available 24 hours a day, we shall not in any way be liable if for any reason these sites are unavailable at any time or for any period. Access to these websites may be suspended temporarily and without notice in the case of system failure, maintenance, or repair or for reasons beyond Amscan Inc’s control. You will be responsible for both:
· making all arrangements necessary for you to have access to the websites
· ensuring that all persons who access the Websites through your internet connection are aware of these Terms and Conditions and comply with them.
Account Security
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Websites or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.
Prohibited Uses
You may use the Websites only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Websites:
· In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws, regarding the export of data or software to and from the US or other countries.
· For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
· To impersonate or attempt to impersonate Amscan, Inc., an Amscan Inc. employee, another user or any other person or entity.
· To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Websites, or which as determined by us, may harm Amscan Inc. or users of the Websites, or expose them to liability.
Information Provided You hereby confirm and agree that any information that you may provide Amscan Inc, including registration for purchasing products online, will be true, accurate, complete, and not in any way misleading. You also agree that any such information will be updated by you promptly as and when necessary to ensure that it remains at all times true, accurate, complete and not in any way misleading. You agree that all information you provide to register with such information or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy: https://www.amscan.com/privacy_policy. And you consent to all actions we take with respect to your information consistent with our Privacy Policy. If for any reason the information is not true, accurate, complete and/or is misleading or Amscan Inc. suspects this to be the case, we hereby reserves the right to suspend, terminate your ability to use the website, restrict your future ability to access the login portion of our websites .
Disclaimer or Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER AMSCAN INC. NOR ANY PERSON ASSOCIATED WITH AMSCAN INC. MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER AMSCAN INC. NOR ANYONE ASSOCIATED WITH AMSCAN INC. REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, AMSCAN INC. HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitations of Liability The information on this website is provided free-of-charge, and you acknowledge that it would be unreasonable to hold us liable for any data you collect, download, view, link to, or read on or from this website. While we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on this website is kept up-to-date. To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill). To the maximum extent permitted under applicable law, In no event will Amscan Inc, its affiliates, or their licensors, service
providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use the Websites, any Websites linked to it, any content on the Websites or such other Websites, including any direct, special, incidental, punitive, liquidated,
indirect or consequential loss or damage arising under this disclaimer or in connection with our website, whether arising in tort, contract, or otherwise - including, without limitation, any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings. However, nothing in this disclaimer shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability that cannot be excluded or limited under applicable law.
Indemnification
You agree to defend, indemnify, and hold Amscan Inc., its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Websites and any use of the Websites’ content, services, and products other than as expressly authorized in these Terms and Conditions, or your use of any information obtained from the Websites.
Variation We may withdraw or revise these Terms and Conditions from time to time. Please check this page for revisions.
Entire Agreement These Terms and Conditions, and our Privacy Policy constitute the entire agreement between you and us in relation to your use of our website, and supersedes all previous agreements in respect of your use of this website.
ORDERS
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS.
These terms and conditions (the “Terms”) apply to the purchase and sale of products and services through www.Amscan.com (the “Site”). These Terms are subject to change by Amscan Inc. (referred to as “us, “we,” or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
CATALOG FORMAT
Items are shown with an item number followed by size, name or description, minimum pack, count per package and suggested retail price per unit. The absence of a count per package denotes one piece per package. Sizes are approximate. Most items are packaged in polybags with headers that are ready for hanging on pegboard or slatwall. These items are indicated by the abbreviation "PKG" (packaged, package). BULK items (no outer packaging) are indicated by the abbreviation “PC” (piece, pieces). Bulk items available in assorted colors or styles use the abbreviation “Asst.”. Retails listed are for each piece.
PRICES
The suggested retail prices shown in this catalog are merely a guide. All prices listed are U.S. dollars. Due to market conditions, prices may change without notice at any time. Please check your packing list and/ or your invoice for current prices. The prices in this catalog become effective May 1, 2020. All prices in this catalog supersede those in any previous catalog. Licensed product is not to be resold outside of the United States.
PAYMENT
1% 10 days, net 30. A finance charge will be levied at the rate of 1 1/2% per month on the unpaid balance. 2% late fee will be charged on credit card payments that are past due.
FREIGHT
On orders above $700.00 cost, Amscan will pay the normal surface freight charges in full with the carrier of our choice within the continental U.S. Freight will be charged on orders less than $700.00 cost with Amscan choosing the carrier. All goods are shipped F.O.B. Chester, NY and become the property of the buyer upon delivery to the carrier.
TRUCK SHIPMENTS - Inside delivery included at no additional charge upon request by the customer at time of delivery when Amscan selects carrier.
CLAIMS AND RETURNS
Merchandise received must be checked against the enclosed packing slip. No claims for shortage or damage will be allowed unless an approval has been documented by either your Amscan Sales Representative or Amscan’s Customer Service Department. Please submit your claim within 10 business days of receipt of shipment. All returns must be authorized in order to receive credit and are subject to a 25% handling charge.
UNAUTHORIZED RETURNS WILL BE REFUSED.
NEW ACCOUNTS
Opening order must total $350.00 at cost. A signed credit application must be completed listing three trade references with phone numbers and a bank reference if seeking open terms. A firm in business less than 6 months must send full amount with first order. Other new customers should note that if merchandise is needed immediately, a check should be enclosed to expedite shipment.
AMSCAN DOES NOT SHIP C.O.D.
BACK-ORDERS
Amscan does not back-order Everyday merchandise. Amscan does back-order seasonal items if the back-order totals $25.00 or more at cost for a specific season. Seasonal back-orders will not be created for items unshipped on an order when it is 30 days before the holiday. Pending back-orders will be cancelled 10 days after the season terms date.
WARRANTY
WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE, INCLUDING ANY (I) WARRANTY OF MERCHANTABILITY; (II) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (III) WARRANTY OF TITLE; OR (IV) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE BE LIABLE TO YOUR OR ANY THIRD-PARTY FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS OR THE GOODS PURCHASED THEREUNDER.
SMALL ORDERS
Minimum allowable order is $100.00 at cost, except for new account opening orders.
NOTE: All Terms are subject to review by the credit department. As an Amscan dealer, your discount is 50% off all suggested retail prices.
ALL PRICES ARE SUGGESTED RETAIL AND ARE SUBJECT TO CHANGE WITHOUT NOTICE.
Last Updated Date: September 23, 2020
This legal disclaimer notice (the “Terms and Conditions”) applies to the entire contents of the websites under the domain names Amscan.com and GrasslandsRoad.com, which are owned and operated by Amscan Inc (hereforth referred to as the "Websites" or "Our Websites" or "Sites"), to any associated websites owned or operated by Amscan Inc., and to any online or email correspondence between Amscan Inc and you. Please read these terms carefully before using these websites. Use of these sites indicates that you accept these terms regardless of whether or not you choose to register with us. You may access some areas of these sites without registering your details with us; however, certain portions and benefits of Amscan.com and GrasslandsRoad.com are only available to trade retailers upon registration.
By accessing and using GrasslandsRoad.com and/or Amscan.com, you accept this legal disclaimer in full. If you do not accept this legal disclaimer in its entirety, you must cease using both websites immediately.
Copyright Protection Notice The contents of GrasslandsRoad.com and Amscan.com are subject to copyright protection. Any rights not expressly granted herein are reserved. Reproduction, transfer, distribution, or storage of part or all of the contents in any form other than downloading photos for personal use is prohibited. Your access to this site should not be construed as granting, by implication, or otherwise, any license or right to use any trademarks appearing on the site without the prior written consent of Amscan Inc.
Intellectual Property Rights Unless otherwise stated, we or our licensors own the intellectual property rights in the Websites and material on the Websites. Subject to the license below, all our intellectual property rights are reserved.
Trademarks
The Amscan Inc. name, and all related names, logos product and service names, designs, and slogans are trademarks of Amscan Inc. or its affiliates or licensors. You must not use such marks without the prior written permission of Amscan Inc. All other names, logos, product and service names, designs, and slogans on the Websites are the trademarks of their respective owners.
License to Use Website You may view, download for caching purposes only, and print pages or images from the website, provided that the following three terms are all met:
· you accept everything on our website is licensed under our copyright,
· you are permitted to use (reproduce) our images solely for the purpose of selling and promoting our products, and
· you must not edit or otherwise modify any material on the website.
· you must not use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
· you must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Websites
· you must not access or use for any commercial purposes any part of the Websites or any services or materials available through the
Websites.
The use of press releases and other documents classified as public is permitted in public communications if the source of the information is accurately stated.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Websites in breach of these Terms and Conditions, your right to use the Websites will stop immediately and you must, at our option, return or destroy copies of the materials you have made. No right, title, or interest in or to the Websites or any content on the Websites are transferred to you, and all rights not expressly granted are reserved by Amscan Inc. Any use of the Websites not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.
Service Access While Amscan Inc endeavors to ensure that these websites are normally available 24 hours a day, we shall not in any way be liable if for any reason these sites are unavailable at any time or for any period. Access to these websites may be suspended temporarily and without notice in the case of system failure, maintenance, or repair or for reasons beyond Amscan Inc’s control. You will be responsible for both:
· making all arrangements necessary for you to have access to the websites
· ensuring that all persons who access the Websites through your internet connection are aware of these Terms and Conditions and comply with them.
Account Security
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Websites or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.
Prohibited Uses
You may use the Websites only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Websites:
· In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws, regarding the export of data or software to and from the US or other countries.
· For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
· To impersonate or attempt to impersonate Amscan, Inc., an Amscan Inc. employee, another user or any other person or entity.
· To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Websites, or which as determined by us, may harm Amscan Inc. or users of the Websites, or expose them to liability.
Information Provided You hereby confirm and agree that any information that you may provide Amscan Inc, including registration for purchasing products online, will be true, accurate, complete, and not in any way misleading. You also agree that any such information will be updated by you promptly as and when necessary to ensure that it remains at all times true, accurate, complete and not in any way misleading. You agree that all information you provide to register with such information or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy: https://www.amscan.com/privacy_policy. And you consent to all actions we take with respect to your information consistent with our Privacy Policy. If for any reason the information is not true, accurate, complete and/or is misleading or Amscan Inc. suspects this to be the case, we hereby reserves the right to suspend, terminate your ability to use the website, restrict your future ability to access the login portion of our websites .
Disclaimer or Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER AMSCAN INC. NOR ANY PERSON ASSOCIATED WITH AMSCAN INC. MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER AMSCAN INC. NOR ANYONE ASSOCIATED WITH AMSCAN INC. REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, AMSCAN INC. HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitations of Liability The information on this website is provided free-of-charge, and you acknowledge that it would be unreasonable to hold us liable for any data you collect, download, view, link to, or read on or from this website. While we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on this website is kept up-to-date. To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill). To the maximum extent permitted under applicable law, In no event will Amscan Inc, its affiliates, or their licensors, service
providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use the Websites, any Websites linked to it, any content on the Websites or such other Websites, including any direct, special, incidental, punitive, liquidated,
indirect or consequential loss or damage arising under this disclaimer or in connection with our website, whether arising in tort, contract, or otherwise - including, without limitation, any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings. However, nothing in this disclaimer shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability that cannot be excluded or limited under applicable law.
Indemnification
You agree to defend, indemnify, and hold Amscan Inc., its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Websites and any use of the Websites’ content, services, and products other than as expressly authorized in these Terms and Conditions, or your use of any information obtained from the Websites.
Variation We may withdraw or revise these Terms and Conditions from time to time. Please check this page for revisions.
Entire Agreement These Terms and Conditions, and our Privacy Policy constitute the entire agreement between you and us in relation to your use of our website, and supersedes all previous agreements in respect of your use of this website.
ORDERS
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS.
These terms and conditions (the “Terms”) apply to the purchase and sale of products and services through www.Amscan.com (the “Site”). These Terms are subject to change by Amscan Inc. (referred to as “us, “we,” or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
CATALOG FORMAT
Items are shown with an item number followed by size, name or description, minimum pack, count per package and suggested retail price per unit. The absence of a count per package denotes one piece per package. Sizes are approximate. Most items are packaged in polybags with headers that are ready for hanging on pegboard or slatwall. These items are indicated by the abbreviation "PKG" (packaged, package). BULK items (no outer packaging) are indicated by the abbreviation “PC” (piece, pieces). Bulk items available in assorted colors or styles use the abbreviation “Asst.”. Retails listed are for each piece.
PRICES
The suggested retail prices shown in this catalog are merely a guide. All prices listed are U.S. dollars. Due to market conditions, prices may change without notice at any time. Please check your packing list and/ or your invoice for current prices. The prices in this catalog become effective May 1, 2020. All prices in this catalog supersede those in any previous catalog. Licensed product is not to be resold outside of the United States.
PAYMENT
1% 10 days, net 30. A finance charge will be levied at the rate of 1 1/2% per month on the unpaid balance. 2% late fee will be charged on credit card payments that are past due.
FREIGHT
On orders above $700.00 cost, Amscan will pay the normal surface freight charges in full with the carrier of our choice within the continental U.S. Freight will be charged on orders less than $700.00 cost with Amscan choosing the carrier. All goods are shipped F.O.B. Chester, NY and become the property of the buyer upon delivery to the carrier.
TRUCK SHIPMENTS - Inside delivery included at no additional charge upon request by the customer at time of delivery when Amscan selects carrier.
CLAIMS AND RETURNS
Merchandise received must be checked against the enclosed packing slip. No claims for shortage or damage will be allowed unless an approval has been documented by either your Amscan Sales Representative or Amscan’s Customer Service Department. Please submit your claim within 10 business days of receipt of shipment. All returns must be authorized in order to receive credit and are subject to a 25% handling charge.
UNAUTHORIZED RETURNS WILL BE REFUSED.
NEW ACCOUNTS
Opening order must total $350.00 at cost. A signed credit application must be completed listing three trade references with phone numbers and a bank reference if seeking open terms. A firm in business less than 6 months must send full amount with first order. Other new customers should note that if merchandise is needed immediately, a check should be enclosed to expedite shipment.
AMSCAN DOES NOT SHIP C.O.D.
BACK-ORDERS
Amscan does not back-order Everyday merchandise. Amscan does back-order seasonal items if the back-order totals $25.00 or more at cost for a specific season. Seasonal back-orders will not be created for items unshipped on an order when it is 30 days before the holiday. Pending back-orders will be cancelled 10 days after the season terms date.
WARRANTY
WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE, INCLUDING ANY (I) WARRANTY OF MERCHANTABILITY; (II) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (III) WARRANTY OF TITLE; OR (IV) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE BE LIABLE TO YOUR OR ANY THIRD-PARTY FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS OR THE GOODS PURCHASED THEREUNDER.
SMALL ORDERS
Minimum allowable order is $100.00 at cost, except for new account opening orders.
NOTE: All Terms are subject to review by the credit department. As an Amscan dealer, your discount is 50% off all suggested retail prices.
ALL PRICES ARE SUGGESTED RETAIL AND ARE SUBJECT TO CHANGE WITHOUT NOTICE.
Last Updated Date: September 23, 2020
