Terms and Conditions
Terms & Conditions of Sale (“Agreement”)
1. This Agreement is between Challenge Coins Ltd. and the Customer (“Customer”). Customer includes the person or entity that is completing the order form in addition to the person or entity paying for the order. This Agreement represents the entire understanding of the relationship between Challenge Coins Ltd. and Customer. This Agreement replaces and supersedes any and all other prior communication unless in writing and signed by both parties. Challenge Coins Ltd. includes subsidiaries, independent contractors, employees, officers, heirs and assigns.
2. The rights and obligations to the parties under this Agreement are not transferable without express written permission from the other party.
3. All intellectual property, images, logos, designs, other artwork, including copyrighted or not-copyrighted and trademarked or not-trademarked, are property of their respective owners and will not be duplicated for any reason without the expressed written permission of the intellectual property owner. Imagery contained herein is for demonstration purposes only. Challenge Coins Ltd. does not transfer any intellectual property rights to Customer without a separate written agreement signed by Challenge Coins, Ltd.. Challenge Coins Ltd. does not guarantee or warrant the custom products we produce to be fit for any specific purpose, use, or event.
4. In the unlikely event that a legal dispute arises relating to this Agreement or the transaction giving rise to this Agreement, Customer consents to the exclusive jurisdiction of the laws and courts of the State of Florida and agrees that the venue for any such legal dispute shall be Broward County, Florida, USA.
5. Customer further agrees to pay any expenses incurred by Challenge Coins Ltd, as well as reasonable attorney’s fees and costs related to the enforcement of this Agreement. Additionally, if a dispute arises pertaining to the unauthorized use of any intellectual property, trademarks, copyrights, designs or logos between Challenge Coins, Ltd and a third party, Customer agrees to defend Challenge Coins Ltd. at Customer’s sole expense. Customer agrees to hold Challenge Coins Ltd. harmless and free of any liability attributable in whole or in part to Customer.
6. Challenge Coins Ltd. warranties its custom made Challenge Coins by offering to remake or replace any Challenge Coins that have been determined by our factory to have defects in manufacturing within thirty (30) days of the delivery date of your Challenge Coins. These defects are defined as those caused by manufacturing mistakes.
7. Challenge Coins Ltd. requires written notice of claims of defects in custom made Challenge Coins through email or other written notification. Upon receipt, Challenge Coins Ltd. will determine a course of action commensurate with our policy. Our policy: If it is determined that a manufacturing error has occurred, your custom Challenge Coins will be re-manufactured at no cost to you on a 1-to-1 return basis. For purposes of this Agreement, it is the Customer’s responsibility to return the total number of defective coins to our facility for inspection before any remake is initiated. Artwork changes made to any order that is being remade due to an error are treated as new orders – there are no exceptions.
8. As part of the ordering process, you have received a digital proof of what your Challenge Coins will look like in their finished form from one of our specialists. This proof is Challenge Coins Ltd. artist’s rendition and interpretation of Customer’s custom product based on the instructions we have received from Customer. It is important that you review this proof for accuracy; to include spelling, size, and color usage.
9. Challenge Coins Limited does not accept returns (except where noted above), nor provide refunds for custom made products under any circumstances.
10. Once an order has been placed, it cannot be changed or canceled. There are no exceptions. For the purposes of this agreement, an order is placed when Customer provides an affirmative reply to an order confirmation email, OR submits an order through our online order form.
11. Spelling. Challenge Coins Ltd. will not be responsible for spelling errors. It is the responsibility of Customer prior to approving the final proof for actual production to make sure the spelling of any text present is correct for their personal needs.
12. Colors/Imagery. We use the PMS universal color matching system for all color applications in manufacturing each of our custom Challenge Coins. It is important that Customer confirm the color usage with a PMS color chart rather than relying on your monitor’s display of the colors. Each computer monitor, due to varied settings, will display colors differently. All PMS colors used in the production of Customer’s custom product are listed on the digital proof for verification. It is Customer’s responsibility to verify the listed PMS colors suit their need and/or application. Offset printed images are created from reference images provided by Customer and are always coated in Epoxy, which will alter the image colors slightly on the final product. Every effort is made to replicate the source image but variations can and will occur after Epoxy is applied. PMS colors do not apply to Offset Printed images/colors. A PMS color chart can usually be located at your local print or fabric store for reference. Visit www.pantone.com for complete information regarding the PMS system.
3D: Dimensional coin elements are derived from images provided by the customer and every attempt is made to match the reference image as close as possible, but due to machining copying an image exactly in 3D is impossible. A proof that is provided with 3D imagery is an approximation and reference only. Do not expect your 3D imagery to match your reference image exactly. This is especially true of human or animal faces, busts, etc.
13. Size. The size of your Challenge Coins refers to the absolute two widest points on any given product. Such size includes loops and other items that facilitate an attachment to a lapel pin, coin, medallion or key chain.
14. Payment. Payment for all orders is required, in full, in advance for all custom orders. Payment is accepted via major credit cards to include VISA, MasterCard, American Express, Discover and United States Government Purchase Cards. The charges for the total amount of your order will be applied prior to manufacturing and show as “www.ChallengeCoinsLtd.com” on Customer’s billing statement. Purchase Orders will not be accepted for any custom made items. Payment can also be made by check or via wire transfer at the customer’s request.
15. Refunds – Returns – Exchanges. Challenge Coins Ltd. does not accept returns, nor provide refunds or exchanges for custom made Challenge Coins under any circumstances. Customer’s custom made products were crafted from costly raw materials and manufactured to Customer’s individual specifications. These products cannot be restocked or sold to another party at a later date. However, we do stand behind our products to be free of defects. We will replace at no cost to you any products found to be defective due to a manufacturing mistake. (see also Section 7).
16. Order Placement. All orders will be placed through our online order form, OR confirmed via a confirmation email if a customer processes an order over the telephone.
17. Telephone Orders. A confirmation email will contain all the details of the order to include; the proof number, size, metal plating, quantity, special attachments, final cost, and shipping address. The chosen digital proof will also be attached to said confirmation email. It is the Customer’s responsibility to review this confirmation email for accuracy and reply with an approval to proceed to production with the order ONLY if the Customer verifies the details are correct. No order will be placed into production without an affirmative reply to a confirmation email.
18. Online Order Form. Our online order form is in place for your convenience. All the details of your order are entered into the order form by you, to include payment. It is the Customer’s responsibility to make sure the information is accurate before submitting the order. Once an order is submitted through the online order form, no changes or cancellations can be made.
19. Order Cancellation and Changes. Within several minutes of receiving a reply to an order confirmation email, that order is placed into actual production. Due to the speed we deliver our products and allotment of raw materials for each order, once an order has been confirmed via email or online order form, and therefore placed, it cannot be canceled or changed.
20. Product Manufacturing Timetable. Challenge Coins Ltd. will manufacture your custom made Challenge Coins within 10 business days for traditional no color coins, and often does so much sooner. Business days do not include weekends, domestic (US) holidays, or those holidays observed by our manufacturing sources overseas. However, any Challenge Coins with special options, or more than 2 colors, within will take an additional 5-21 days depending on complexity of design. If a single design contains multiple special options, delivery can be delayed up to two (2) additional weeks. This includes 3D, Cutouts, Numbering and/or Engraving, Dual Plating, etc. “Special Options” include all options listed above and orders over 2,000 pieces and special order coin options, which may require additional time as quoted by your custom products specialist.
20a. Materials. We use brass material for all traditional coins. “Traditional coins” are defined as round items up to 2.25″ in size with absolutely no specialty edge cuts and no 3D elements included in the design. Alternate metals (zinc alloy) will be used for coins not defined as traditional, or coins that are requested to be made at a certain thickness (examples: coins made in special shapes other than round, 4mm+ thickness, or coins that are 2.50″ and larger in size). In no instance do we manufacture coins with steel/iron, or coins containing lead.
21. Shipping. All custom orders are shipped via UPS International Express Saver (International Overnight) unless otherwise specified at no charge to the customer. Shipping our products to any country or territory outside of the United States will incur an additional charge. Due to the use of third party shippers (UPS and USPS), under no circumstances does Challenge Coins Ltd. guarantee delivery dates or times for custom products. Challenge Coins Ltd. has no control over third party shipping errors or delays. We are also not responsible for shipping delays caused by International, United States Customs, or backlogs created by overseas manufacturing sources due to Customs procedures. Therefore, Challenge Coins Ltd. does not, under any circumstances, guarantee delivery dates of any products. There are no exceptions.
22. Trademarks – Copyrights – Logos. By submitting design suggestions or artwork to Challenge Coins Ltd. or approving pre-production proofs, Customer asserts that it owns the rights to use those designs or artwork, including but not limited to, registered or not-registered trademarks, and registered or not-registered copyrights contained therein. Additionally, Customer certifies and warrants that Customer has the legal right or has obtained an appropriate written license agreement for the images and/or artwork, and/or text/words, to be produced under this Agreement.
23. Indemnity. Customer acknowledges that it has ultimate artistic control over the items created by Challenge Coins Ltd. for Customer. Customer agrees to provide an adequate defense at Customer’s sole expense (including attorney fees and costs related to such a defense) for claims made or anticipated by any third party against Challenge Coins Ltd. relating to items made for or designed for Customer under or related to this Agreement. Challenge Coins Ltd. assumes no responsibility for verifying ownership of any design provided by or approved by Customer.
24. Severability. Should a court determine that any clause of this agreement is unenforceable then that clause may be severed from this Agreement, leaving the remaining clauses in full force and effect.