Terms & Conditions
Prior to placing any order on or through this website, please take the time to read and understand the terms and conditions of sale (referred to also simply as ‘terms’). This page provides you with many important details about your rights as well as responsibilities when making a purchase through this site. It also lists limitations and exclusions that may apply to you (also referred to as ‘you’ or ‘customer’).
All of these terms and conditions apply to any purchase of goods or services that you make from Innovative Pens, Inc (also referred to as “Innovative Pens,” “we,” “us,” or “our”). These terms specifically apply to purchases through our website, innovativepens.com (the “website”). Anyone who uses this website to make a purchase, or uses information on the page to make a purchase through other means such as fax, email or phone, agrees to be bound by these terms and conditions. The terms and conditions apply in all cases unless the Customer has made another agreement, in writing, with Innovative Pens or in the event that other terms and conditions from Innovative Pens apply to your specific transaction.
Please review these terms and conditions before each purchase as they are subject to change without written notice. The terms may change at any time at the sole discretion of Innovative Pens. Any changes that are made to these terms and conditions are effective immediately, and any purchases made after the updates are published on the website will be bound by them.
The terms and conditions listed here may not be altered, supplemented or amended by using any other document or documents, unless otherwise noted. All attempts to make any alterations, supplementations or amendments to the document, or to place any order for products or services that are subjection to any additional terms will be null and void unless it is agreed to in writing by Innovative Pens prior to the purchase.
Terms & Conditions
Here at Innovative Pens we strive to always provide you with the best and most accurate information on all of our products and services. Our website, however, uses a variety of different electronic automation tools, systems and software as well as human intervention. This makes it possible that there may occasionally be unintentional errors or problems on the site. If any type of error occurs, Innovative Pens retains the absolute right to cancel or disallow all transactions made by the user of the website, at our sole discretion. This may include cancelling any orders that have been placed, and canceling the shipment of existing orders.
In addition, we retain all rights to collect from our customers the value of any products or services unjustly received because of errors, omissions or other problems on the Website. This includes products shipped in error.
In an effort to remain competitive we make occasional changes to our prices. These prices may be changed at any time, without notice. Any promotional offers that exist cannot be combined with other offers.
Most of the products we offer are not manufactured by Innovative Pens, but purchased from other vendors or manufacturers. We only offer the highest quality products from reputable manufacturers and proudly stand behind the quality of the goods we sell.
All purchases made from Innovative Pens are governed by the laws of New York, and by making the purchase you agree to this. It is also agreed that any legal or equitable claim that comes up related to your purchase must be made in the city, state or federal courts of New York.
All purchases from Innovative Pens are F.O.B. at fulfillment centers owned and operated by our vendors and suppliers. The title to all goods will be passed to you at the time of delivery from the fulfillment center to the carrier. Sales tax will be applied to all Innovative Pens orders according to state and local regulations based on your shipping address. These taxes and any related charges will show up under the “review” and/or “Order Summary” pages when you checkout. Customers are responsible for all customs and import duties for international orders.
Innovative Pens is intended for use only by individuals who are 18 years old or older. We reserve the right to refuse service to anyone at any time for any reason.
Copyright 2015, Innovative Pens, Inc. All rights reserved. All materials contained on this Website including text, images and intellectual property are protected by United States copyright law. You do not have permission to remove or use any trademark, service mark, copyright or any other notice from any page or area of the content on this site.
When you use this Website, you acknowledge that it contains graphics, typefaces, graphs, images, data, videos, software and other information (known collectively as “Our Content”) that is protected by trademarks, copyrights, proprietary rights, trade secrets and other legal protections. These rights are protected and valid in all forms existing now or those to be developed in the future.
All of Our Content is copyrighted as a collective work, protected by US copyright laws. Innovative Pens, Inc may also own a copyright on the selection, arrangement, coordination and enhancement of Our Content. You do not have permission to modify, remove, add to, delete, transmit, publish or sell the content on this page, in whole or in part.
All related marks and trademarks and service marks are owned by Innovative Pens, Inc. All rights reserved. All other trademarks, service marks, product names, company names and logos appearing on this website are the property of their respective owners.
Customer Warranty and Indemnification – Logos & Imprints
Anytime you make a purchase with a request for a custom or personalized imprint or logo, including custom printing (known also as ‘Your Content’), which you supply to Innovative Pens, you grant us and any affiliates, permission to use, royalty-free, the content. This permission is provided royalty-free, worldwide, in perpetuity, and is non-exclusive. We retain permission to sub-license it, and this permission is irrevocable with permission to distribute, reproduce, adapt, modify, display and publically perform with the content.
By making the purchase through this Website, you also consent to Innovative Pens using or displaying your Content online or offline for marketing or other uses.
When you submit Your Content through our Website, you represent and warrant that you have the rights to grant permission for us to print, or otherwise use, Your Content. You also represent and warrant that your provision to us of Your Content does not violate any intellectual property rights including copyrights, trademarks or patents which may be owned by any third parties. Your Content must also not violate or invade any third party’s privacy, it must not be illegal, threatening, libelous, obscene, slanderous, defamatory, misleading, prejudicial, fraudulent or otherwise cause injury to any third parties.
By making the purchase, you agree to defend, indemnify and hold Innovative Pens, all of its parents, subsidiaries or affiliates including all employees, directors, officers, agents and successors free from harm from any third party claims, losses, judgments, costs, demands, suits, expenses (including legal expenses) and causes of action of any kind (also known as “Claims”). Without limiting the previously stated points, you shall also be fully responsible for any and all damages, attorneys’ fees, court costs or other expenses incurred by Us in connection with any actual or alleged infringement caused by Your Content.
Disclaimer of Warranties and Limitations of Liability
By using this Website or making a Purchase from Innovative Pens, you represent, acknowledge and agree that the Website and all the content, products and information included are provided ‘as is’ and ‘as available’ with any faults. This includes the knowledge that Innovative Pens has made no claims or representations or warranties of any kind, expressed or implied. To the fullest extent allowed by law, current and future, Innovative Pen disclaims all warranties to the operation of this site, the information, products, and content. This includes, but is not limited to, the warranties of merchantability, application for a specific use, non-infringement and the quality of the materials or workmanship of all products. Innovative Pens, its parents, subsidiaries or affiliates will not, under any circumstances, be held liable for any damages or injury (direct, indirect, punitive, incidental, special or consequential) that results from this agreement.
This limitation of liability applies in all cases, whether the alleged liability is based on tort, a contract, negligence, strict liability or any other basis. This applies even if Innovative Pens has been advised of the possibility that any such liability exists. Any liabilities of Innovative Pens will be limited to the total amount you paid for the products or services that directly gave cause to the liability.
You may bring no claims against Innovative Pen more than one year after the action in question has arisen. In situations where jurisdictions do not permit the exclusion or incidental damages, the liability of Innovative Pen will be limited to the extent that is permitted under law.