Introduction

These Terms and Conditions (“Terms”) govern (a) access to and use of the website located at https://www.promotionalmatches.com (the “Website”) and (b) all sales of products and services by Networker Promotions LLC DBA Promotional Matches, a Florida Limited Liability Company (“Seller”) to the purchaser (“Buyer”) (collectively the “Parties”). By accessing the Website or placing an order with Seller, you agree to be bound by these Terms. If you disagree with any of these Terms, you are prohibited from accessing or using the Website.

Seller reserves the right to update or modify these Terms at any time without prior notice. The version in effect at the time the Website is accessed or an order is placed shall apply.

Part I — Website Use

1. Website Access and Acceptance

By accessing the Website, you agree to be bound by these Terms and acknowledge that you are responsible for compliance with any applicable local laws. The materials contained on the Website are protected by copyright and trademark law.

2. Use License

Permission is granted to temporarily download one copy of the materials on the Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • modify or copy the materials;
  • use the materials for any commercial purpose or for any public display;
  • attempt to reverse engineer any software contained on the Website;
  • remove any copyright or other proprietary notations from the materials; or
  • transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate upon any violation of these restrictions and may be terminated by Seller at any time. Upon termination, your right to view the materials will also terminate, and you must destroy any downloaded materials in your possession, whether in printed or electronic format.

3. Website Disclaimer

All materials on the Website are provided “as is.” Seller makes no warranties, express or implied, and hereby disclaims all other warranties with respect to the Website and its content. Seller does not make any representations concerning the accuracy or reliability of the materials on the Website or otherwise relating to such materials or any sites linked to the Website. The materials appearing on the Website may include technical, typographical, or photographic errors. Seller does not warrant that any of the materials on the Website are accurate, complete, or current, and Seller may change the materials at any time without notice. Seller makes no commitment to update the materials.

4. Limitation of Website Liability

Seller and its suppliers shall not be liable for any damages arising out of the use of, or inability to use, the materials on the Website, even if Seller or an authorized representative has been notified, orally or in writing, of the possibility of such damages. Some jurisdictions do not allow limitations on implied warranties or limitations of liability for incidental damages; in such jurisdictions, these limitations may not apply.

5. Third-Party Links

Seller has not reviewed all of the sites linked to the Website and is not responsible for the contents of any such linked site. The presence of any link does not imply endorsement by Seller of the linked site. Use of any linked website is at the user’s own risk.

6. Privacy

Use of the Website is also governed by Seller’s Privacy Policy, which is incorporated into these Terms by reference.

7. Shipping and Returns Information

Additional information regarding shipping and returns is available at Shipping Information and Returns, Refunds & Cancellations. In the event of any conflict between the information on those pages and these Terms, these Terms shall control.

Part II — Sale of Goods

8. Orders and Acceptance

All orders are subject to acceptance by Seller. Price quotations are valid for the time period stated in the quote or, if not stated, for thirty (30) days. Prices are subject to change due to fluctuations in raw material costs, tariffs, freight charges, supplier pricing changes, or other market conditions prior to order acceptance. Seller reserves the right to refuse any order at its discretion.

9. Digital Proof Approval

A Digital Proof is a digital mockup, rendering, 3D preview, or sample provided by Seller to Buyer for review and approval prior to production of the Goods. Buyer’s written or electronic approval of a Digital Proof constitutes full authorization for Seller to proceed with production exactly as shown on the approved proof. Buyer is solely responsible for reviewing the Digital Proof for spelling, grammar, artwork placement, sizing, colors, and all other design elements.

Once Buyer approves a Digital Proof, the order becomes final. Buyer may not cancel the order or request modifications without Seller’s prior written consent. Any changes approved after proof approval may result in additional charges and extended production timelines. Seller shall not be responsible for any errors that were present in an approved proof.

10. Artwork Ownership & License

Buyer represents and warrants that it owns or has the legal right to use any artwork, logos, trademarks, or designs submitted to Seller. Buyer grants Seller a non-exclusive license to reproduce such artwork solely for the purpose of fulfilling the order.

Buyer agrees to indemnify and hold Seller harmless from any claims arising from the use of artwork supplied by Buyer, including but not limited to claims of copyright, trademark, or other intellectual property infringement.

Seller may photograph or display completed products for marketing or portfolio purposes unless otherwise agreed in writing.

11. Production Tolerances & Quantity Variance

Due to the nature of manufacturing and printing processes, orders are subject to production tolerances.

Seller reserves the right to ship and invoice up to five percent (5%) over or under the quantity ordered. Buyer agrees to accept and pay for the actual quantity shipped.

Color reproduction may vary from digital proofs, previous print runs, or Pantone references due to variations in materials, inks, printing surfaces, and production processes.

12. Storage & Handling Responsibilities

Certain products sold by Seller, including but not limited to safety matches, matchbooks, matchboxes, lighters, and other ignition-related products, contain flammable materials and must be stored, transported, and handled responsibly.

Buyer assumes full responsibility for the safe storage, handling, distribution, and use of such products after delivery.

Buyer agrees to follow reasonable safety practices including, but not limited to, storing products in a cool, dry environment away from excessive heat or open flames, avoiding exposure to high temperatures or moisture, keeping products out of reach of children, and ensuring products are not stored near combustible materials.

Seller shall not be responsible for any damages, injuries, or losses resulting from improper storage, handling, distribution, or misuse of such products after delivery.

See Match Product Safety Guide & Lighter Product Safety Guide

13. Product Misuse & End User Responsibility

Buyer acknowledges that certain products sold by Seller, including matches and lighters, are capable of producing flame or heat and may pose risks if improperly used.

Buyer agrees that these products are intended for responsible adult use only and shall not be distributed to minors where prohibited by law.

Buyer assumes full responsibility for the distribution, resale, promotional use, and end-user handling of such products after delivery.

Seller shall not be responsible for injuries, damages, or losses resulting from improper use, distribution to minors, modification of products, or failure to follow reasonable safety practices.

Buyer agrees to defend, indemnify, and hold harmless Seller from any claims arising from the use or misuse of such products after delivery.

See Match Product Safety Guide & Lighter Product Safety Guide

14. Delivery & Shipping

Shipping and Carrier Tender. Seller shall use commercially reasonable efforts to ship the Goods within a reasonable time after the date of this Agreement, subject to availability of finished Goods. Seller’s sole obligation with respect to shipping is to properly package the Goods and tender them to a common carrier selected by Seller (or as specified by Buyer) at Seller’s place of shipment. ALL SHIPMENTS ARE F.O.B. PLACE OF SHIPMENT. Seller’s responsibility for the Goods ends upon tender to the carrier at the place of shipment. Once the carrier takes possession of the Goods, all risk of loss, damage, delay, or destruction in transit passes to Buyer, regardless of which Party selected or paid for the carrier.

Buyer is solely responsible for filing any claims with the carrier for loss, damage, shortage, or delay occurring during transit. Seller shall not be liable for any loss, damage, delay, or destruction of Goods that occurs after tender to the carrier, and such events shall not relieve Buyer of its obligation to pay for the Goods in full. Upon Buyer’s request, Seller will provide reasonable assistance in documenting a carrier claim, including providing proof of shipment and packaging documentation.

Buyer may also elect to purchase shipping insurance at Buyer’s sole cost and expense at the time the order is placed. If Buyer declines shipping insurance, Buyer expressly acknowledges and assumes all risk of loss, damage, or destruction during transit. Seller is not obligated to reship, replace, or refund any Goods lost or damaged in transit when Buyer has declined shipping insurance.

Buyer is solely responsible for providing a complete and accurate shipping address. Seller shall not be responsible for delays, lost shipments, or additional charges resulting from incorrect or incomplete shipping information.

15. Claims & Notice Requirements

Buyer must inspect all shipments promptly upon receipt.

Any claim for shortages, defects, or damages must be reported in writing to Seller within five (5) business days of delivery.

Failure to provide timely notice shall constitute acceptance of the goods.

16. Returns & Recalls

Because most products sold by Seller are custom manufactured and imprinted, returns are generally not accepted unless the product is defective or does not conform to the approved Digital Proof.

No returns will be accepted without prior written authorization from Seller.

17. Limitation of Liability and Disclaimer of Warranties

Seller warrants that the Goods will substantially conform to the specifications set forth in the applicable Purchase Order at the time of delivery. This warranty does not cover defects arising from Buyer’s misuse, improper storage, modification, or negligence.

Products manufactured by a third party (“Third-Party Product”) may constitute, contain, be contained in, incorporated into, attached to, or packaged together with the Goods. Third-Party Products are not covered by the warranty in this Section.

DISCLAIMER OF WARRANTIES. FOR THE AVOIDANCE OF DOUBT, SELLER MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD-PARTY PRODUCT, INCLUDING ANY (i) WARRANTY OF MERCHANTABILITY; (ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (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. EXCEPT FOR THE EXPRESS WARRANTY IN THIS SECTION, ALL GOODS ARE PROVIDED “AS IS.”

Seller’s total liability for any claim arising from or related to the sale of products shall not exceed the total purchase price paid by Buyer for the products giving rise to the claim. Seller shall not be liable for indirect, incidental, consequential, or punitive damages.

18. Flame Producing Products

Buyer acknowledges that custom match boxes are classified as hazardous materials for transportation purposes under applicable U.S. Department of Transportation (DOT) and International Air Transport Association (IATA) regulations (UN 1944 for safety matches). Seller will ship match products in compliance with applicable hazardous materials shipping requirements. Buyer assumes responsibility for compliance with all applicable transportation, storage, and distribution regulations upon receipt of match products.

Buyer further acknowledges that matches are flame-producing products that present inherent risk of fire, burns, property damage, bodily injury, and death. Buyer acknowledges these inherent risks and assumes full responsibility for the safe storage, handling, distribution, and use of all flame-producing products purchased from Seller. Buyer agrees to provide adequate warnings and safety information to all downstream purchasers and end users.

See Match Product Safety Guide & Lighter Product Safety Guide

19. Indemnification

Buyer shall indemnify, defend, and hold harmless Seller and its officers, directors, managers, members, partners, employees, agents, affiliates, successors, and permitted assigns (collectively, “Indemnified Party”) against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out of or resulting from:

  • Buyer’s breach of any representation, warranty, or obligation under this Agreement;
  • Buyer’s negligence or willful misconduct, including the use, misuse, storage, or distribution of matches or other Goods after delivery to Buyer; Buyer’s failure to provide adequate safety warnings to end users; or Buyer’s violation of any applicable fire code, transportation regulation, or consumer product safety law;
  • Any claim by a third party (including end users) alleging injury, death, or property damage arising from the Goods after delivery to Buyer;
  • Buyer’s violation of any applicable law, regulation, or ordinance;
  • Custom Content submitted by Buyer that infringes the intellectual property rights of any third party or violates any law, ordinance, or regulation; or
  • Any regulatory enforcement action, fine, or penalty arising from Buyer’s noncompliance with applicable laws in connection with the Goods.

20. Force Majeure

Seller shall not be liable for delays or failure to perform due to events beyond its reasonable control, including but not limited to natural disasters, transportation disruptions, labor disputes, material shortages, supplier delays, government actions, trade restrictions, pandemics, infrastructure failures, or other events. Delivery timelines may be extended for the duration of such events.

Part III — General Terms

21. Arbitration & Governing Law

These Terms and any dispute arising out of or related to these Terms, the Website, or the sale of Goods shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions. Any such dispute shall be resolved through binding arbitration under the Commercial Rules of the American Arbitration Association.

22. General Provisions

Entire Agreement. This Agreement, together with any purchase orders, invoices, and any written amendments or supplements hereto, constitutes the entire agreement between the Parties with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

Amendment. No amendment to or modification of this Agreement is effective unless it is in writing and signed by each Party. Seller reserves the right to update these Terms and Conditions at any time. Updated terms will be posted on Seller’s website and will apply to all orders placed after the effective date of the update.

Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Waiver. No waiver by any Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the Party so waiving. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof.

Headings. The headings in this Agreement are for reference only and do not affect the interpretation of this Agreement.

Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement.