Terms of Sale
Last Revised 03-30-2012
1) Acceptance of Terms
Your purchase of Magnets on the Cheap products or services is subject to this Terms
of Sale. By clicking the "PLACE ORDER NOW" button and making a purchase, you acknowledge
that you have read this document and agree to be bound by its terms and the Terms of Service.
This Terms of Sale is not meant to contradict, violate or run contrary to any portion
of the Terms of Service which governs your use of Magnets on the Cheap services and
your use of the Magnets on the Cheap Web Site. If any portion of the Terms of Sale is
found to contradict, violate or run contrary to the Terms of Service, the Terms
of Service will govern and will be the binding document with regards to that portion.
The Terms of Sale is meant to provide general information regarding policies surrounding
purchases from the Magnets on the Cheap Web Site. The Terms of Service is hereby incorporated
by reference into this document and thus by agreeing to comply with the Terms of
Sale you again agree to comply with the Terms of Service.
2) Content of Your Purchase
The primary value of the Magnets on the Cheap Website (Web Site) is the ability for
users and potential purchasers ("Users") to create signs and graphics that display
any content they choose. This is done by means of computer interaction alone between
the Users and the Web Site.
As such, you agree that no Magnets on the Cheap employee, employer, officer, owner,
agent or authorized representative is responsible for monitoring the content of
the signs or graphics created or uploaded by Users, neither while on the website,
nor after purchase and during the production process.
You agree that signs that are purchased will not be checked for content, spelling
errors, grammatical errors, logical errors, aesthetic quality, color matching or
any other factor that is within the User's Realm of Control through the use of the
tool on the Web Site. You, as a User, have many opportunities during the purchasing
process to check your purchase for layout and content and agree that you have done
"Realm of Control" refers to any part of a sign that is editable by the User. Including
but not limited to: color, font size, font type, font style, font color, position
of text, position of graphics, color of graphics, quantity of text, quantity of
graphics, spelling of text, use of text, size of graphics, justification of graphics,
justification of images, or color of the background.
While Magnets on the Cheap does not review the content of your sign or product, you
still agree to be bound by the restrictions as laid out in the Terms of Service,
and should it come to the attention of Magnets on the Cheap that you have violated the
Terms of Service or this Terms of Sale, you agree that Magnets on the Cheap will send
you notice of cancellation and your order will be canceled. You further agree that
the purchase price of your order, less any cost incurred during the processing of
your order and its cancellation, will be returned by signed check through the United
States Postal Service, postmarked within 30 days of your receipt of notice of cancellation.
You also agree that the content of your sign or product does not contain any content
that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory,
obscene, pornographic, indecent, inflammatory, libelous, tortious, hateful, or racially,
ethnically or otherwise objectionable, or invasive of another's rights including
but not limited to rights of celebrity, privacy and intellectual property, as provided
in Paragraph 7.2 of the Terms of Service.
3) Color Matching
Magnets on the Cheap sells its products through an E-Commerce Web Site viewable by computers
connected to the Internet. These computers may view Magnets on the Cheap products solely
through their computer screens ("Monitors"). Monitors may be configured to display
images and colors in a variety of ways, both through the use of hardware setup and
software setup. There are many possible settings for Monitors and there is no true
uniform standard to which all Monitors conform. What may look one way on one monitor,
will look different on another.
Further, computer monitors display images with light and use a standard known as
RGB to do so. Magnets on the Cheap produces products in a variety of ways (CMYK, PMS,
and others) that do not use light.
As such, you agree that Magnets on the Cheap does not guarantee that the colors as they
appear on the screen will look the same as the colors as they appear on the purchased
product. Magnets on the Cheap works hard to make the colors on the screen be as true
as possible to the printed colors, however, the differences in Monitors and the
differences between light and pigment make it impossible to guarantee matching colors
for all Users.
Magnets on the Cheap sells Magnets.
You agree that you have read our website and/or researched independently and that
you know what each of these materials is and what you are buying. Magnets on the Cheap
only guarantees that you will receive the materials advertised on the Web Site that
you purchase. You agree that Magnets on the Cheap is not responsible for products received
that are made of materials thought by the purchaser to be something other than advertised
on the Web Site.
As an example, you agree Magnets on the Cheap is not responsible if the Magnet
received by the purchaser is not what the purchaser envisioned Magnet
You agree that all products produced and sold by Magnets on the Cheap are for novelty
purposes only. Magnets on the Cheap does not make any claims about the legal compliance
or registration of signs, license plates, or any other products sold by Magnets on the Cheap or by a Magnets on the Cheap affiliate. You agree to check with any applicable
legal authority for the standards, rules and regulations governing the types of
signs, license plates, or other products permitted for your particular use.
5) Uploaded Images
Magnets on the Cheap permits users to upload images onto their signs and products through
the Magnets on the Cheap Web Site. You agree that Magnets on the Cheap is not responsible
for the quality of the images you upload. The Magnets on the Cheap Web Site attempts
to make a "best guess" as to the best viewing distance of your image based on the
internally stored DPI (Dots Per Inch) contained in the image file. The Web Site
assumes that 100 DPI is best viewed from 3.5 feet and tries to make a best distance
estimate based on that assumption.
You agree that you alone are responsible for making sure that the quality of the
image you are uploading is of high enough quality to be satisfactory to you at the
size you select on the sign or product that you are purchasing.
Images are created and stored in a variety of ways and you agree that Magnets on the Cheap is not responsible for ensuring quality images for any image file format available
on the Web Site.
6) Clip Art
Magnets on the Cheap offers a broad range of clip art available on the Web Site for
use with your signs and products. You agree that this clip art is for novelty purposes
only and are not meant to be taken as official symbols, art or graphics. You also
agree that with the exception of the Realtor(R) clip art, none of the clip art has
been approved through official organizations or groups.
7) Production Time
Magnets on the Cheap works hard to ensure that orders will be produced and exit the
Magnets on the Cheap facility within three business days from the date of order. The
date of order is the calendar date of order if the order is placed before 6:00pm
Central Standard Time and the next business day after the calendar date of order
if the order is placed between 6:00pm and 11:59pm Central Standard Time.
This means that a purchase made at 3:00pm Monday, will be shipped out on Thursday
of the same week. This production time is not guaranteed and is limited in many
ways as discussed in the Shipping Policy.
You agree that Magnets on the Cheap will take at least 3 business days to produce your
order and that it may take longer than 3 business days as laid out in the Shipping
Policy. The Shipping Policy is hereby incorporated by reference. Moreover, you agree
that our shipping time frame may depend on your response time to our inquiries regarding
your order. Title to your purchased goods shall pass to you at the time Magnets on the Cheap deposits such purchased goods with its designated shipper.
8) Return and Refund Policy
You agree that Magnets on the Cheap guarantees the products it sells are free from
manufacturing defects and as such will be good for 90 days after purchase of the
product. If the product fails or breaks due to a manufacturing defect during that
time, you agree to take a photograph of the failed or broken product and send the
photograph or the original failed or broken product to Magnets on the Cheap. Upon receipt
of the product or the photograph, Magnets on the Cheap will send a replacement of the
product or will issue Magnets on the Cheap credit for the purchase value of the failed
or broken product(s). Magnets on the Cheap credit can be used on the Magnets on the Cheap
website for any purchase.
Magnets on the Cheap does not guarantee or warrant that its products will work for
any intended purpose or in any set of conditions. You agree that the determination
of whether a products failure or breakage is due to a manufacturing defect is within
the sole discretion of Magnets on the Cheap. You further agree to provide full and complete
information regarding the circumstances of the failure or breakage, including but
not limited to the use of the product, the conditions the product was in, and any
other information useful to an informed determination by Magnets on the Cheap as to
the cause of the failure or breakage.
9) Changes to Your Order
Magnets on the Cheap provides many opportunities to review, revise and cancel the order
process before actually placing your order. Magnets on the Cheap is able to offer its
products at the present prices due to the efficiency of allowing the customer to
create and modify their own products.
You agree that Magnets on the Cheap is not responsible for reviewing, revising or canceling
orders, products or images once an order has been placed. A Magnets on the Cheap employee,
employer, officer, owner or authorized agent may revise or cancel an order but is
not required or obligated to do so.
You agree that you have reviewed your order and that no further additions, corrections
or changes need to be made and that your order is final as is.
10) Dispute Resolution.
All disputes arising out of, relating to or connected with these Terms of Sale or
your use of any part of the MagnetsOnTheCheap.com Service will be exclusively resolved
under confidential binding arbitration held in Travis County, Texas before and in
accordance with the Rules of the American Arbitration Association, by a sole arbitrator
applying Texas law (without regard for conflicts of law principles). The arbitrator's
award will be binding and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no arbitration
under these Terms of Sale will be joined to an arbitration involving any other party
subject to these Terms of Sale, whether through class arbitration proceedings or
otherwise. Any action to enforce an arbitrator's award will be brought in a federal
or state court located in Travis County, Texas. Each party hereby irrevocably submits
to the personal jurisdiction of the Federal and Texas State courts in Travis County.
By entering into these Terms of Sale, you hereby irrevocably waive any right you
may have to join claims with those of others in the form of a class action or similar
procedural device. Any claim arising out of, relating to or connected with these
Terms of Sale or your use of any part of the MagnetsOnTheCheap.com Service must be asserted
individually. Notwithstanding anything to the contrary in this Section, Magnets on the Cheap may seek equitable relief, including, without limitation, injunctive relief
and specific performance, without the requirement of posting a bond or other security
or proving money damages are insufficient, from a court of competent jurisdiction.