Sales Terms and Conditions

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.  THESE SALES TERMS AND CONDITIONS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.  BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THE WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE SALES TERMS AND CONDITIONS. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THE WEBSITE IF YOU: (A) DO NOT AGREE TO THESE SALES TERMS AND CONDITIONS; (B) ARE NOT THE OLDER OF: (i) AT LEAST 18 YEARS OF AGE; OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH BEL USA LLC; OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE WEBSITE OR ANY OF THE WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

These sales terms and conditions (these "Sales Terms and Conditions") apply to the purchase and sale of products and services through https://www.discountmugs.com/ (the "Website"). These Sales Terms and Conditions are subject to change by BEL USA LLC D/B/A Discountmugs ("Company," "we," or "us") without prior written notice at any time, in our sole discretion. The latest version of these Sales Terms and Conditions will be posted on the Website, and you should review these Sales Terms and Conditions before purchasing any product or services that are available through the Website.

Additional information about the purchase and sale of the products and services we sell on the Website can be found in the Product Information. These Sales Terms and Conditions are an integral part of the Website Terms of Use that apply generally to the use of the Website. You should also carefully review our Privacy Policy before placing an order for products or services through the Website.

In the event of a conflict between these Sales Terms and Conditions, the Product Information, or the Website Terms of Use with respect to any purchase and sale of any products or services sold by us on the Website, these Sales Terms and Conditions shall control.

1.Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Sales Terms and Conditions, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between BEL USA LLC and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by calling our Customer Service team at 1-877-421-2395 or emailing support@discountmugs.com.

2.Prices and Payment Terms.

• (a) All prices posted on the Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email.
• (b) Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. Our accepted methods of payments are listed in the Product Information and are subject to change. You represent and warrant that: (i) the credit card information you supply to us is true, correct, and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

3.Shipments; Delivery; Title and Risk of Loss.

• (a) We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
• (b) Title and risk of loss pass to you upon our transfer of the products to the carrier (FOB Carrier). Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

4.Returns and Refunds. Products customized by you are not eligible for return. For blank or unprinted products, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within seven calendar days of receipt and provided such products are returned in their original condition. To return products, you must follow the returns process described in the Product Information. You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. All returns are subject to a []% restocking fee. Refunds are processed within approximately 30 business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Website. WE OFFER NO REFUNDS ON ANY PRODUCTS CUSTOMIZED BY YOU OR OTHERWISE DESIGNATED ON THE WEBSITE AS NON-RETURNABLE.

5.Limited Warranty.

• (a) THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. 

  THIS LIMITED WARRANTY CAN ALSO BE FOUND AT WWW.DISCOUNTMUGS.COM/WARRANTY AND IN THE DOCUMENTATION WE PROVIDE WITH THE PRODUCTS. WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM THE WEBSITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP.

  WE ALSO WARRANT THAT DURING THE WARRANTY PERIOD THE SERVICES PURCHASED FROM THE WEBSITE WILL BE PERFORMED IN A WORKMANLIKE MANNER AND IN ACCORDANCE WITH GENERALLY RECOGNIZED INDUSTRY STANDARDS FOR SIMILAR SERVICES.

  TO THE EXTENT NOT PROHIBITED BY LAW, THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THIS LIMITED WARRANTY STATEMENT AND TO THE EXTENT NOT PROHIBITED BY LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU. TO THE EXTENT SUCH WARRANTIES CANNOT BE DISCLAIMED UNDER THE LAWS OF YOUR JURISDICTION, WE LIMIT THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY.

  OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. OUR RESPONSIBILITY FOR DEFECTIVE SERVICES IS LIMITED TO REPAIR, RE-PERFORMANCE OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT.

• (b) This limited warranty extends only to the original purchaser of products and services from the Website. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service.
• (c) This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in products and services purchased from the Website.
• (d) This limited warranty does not cover any damages due to: (i) transportation; (ii) storage; (iii) improper use; (iv) failure to follow the product instructions or to perform any preventive maintenance; (v) modifications; (vi) combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by BELL USA LLC; (vii) unauthorized repair; (viii) normal wear and tear; or (ix) external causes such as accidents, abuse, or other actions or events beyond our reasonable control. Further, this limited warranty does not cover any damages or defects that are result of Customer Intellectual Property submitted by you for inclusion with the products.
• (e) This limited warranty starts on the date of your purchase and lasts for one year (the "Warranty Period"). The Warranty Period is not extended if we repair or replace a warranted product or re-perform a warranted service. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
• (f) With respect to any defective products during the Warranty Period, we will, in our sole discretion, either: (i) repair or replace such products (or the defective part) free of charge; or (ii) refund the purchase price of such products. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective products. With respect to any defective services during the Warranty Period, we will, in our sole discretion, either: (i) repair or re-perform the defective services free of charge; or (ii) refund the purchase price of such services.
• (g) To obtain warranty service, you must follow the returns process described in the Product Information.
• (f) THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE WEBSITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
• (h) The informal dispute resolution procedure detailed in Section 11 is available to you if you believe that we have not performed our obligations under this limited warranty or these Sales Terms and Conditions.

6.Intellectual Property.

• (a) "Customer Intellectual Property" means any copyrights, text, names, trademarks (whether registered or common law trademarks), trade names, logos, images, artwork, designs, and symbols provided by you to us to include on the products we sell to you.
• (b) You hereby grant to us a limited, non-exclusive, revocable, worldwide license to copy, make, use, and sell the Customer Intellectual Property on products we sell to you and persons designated by you. Further, you hereby grant to us a limited, non-exclusive, irrevocable, perpetual, worldwide license to copy, make, and use the Customer Intellectual Property for our marketing and internal business use purposes.
• (c) You represent and warrant that you have the requisite intellectual property rights whether by ownership, license, or otherwise, to grant us the licenses contained in this Section 6.
• (d) With the exception of any Customer Intellectual Property included on any product, we remain the sole and exclusive owner of all intellectual property rights in and to each product and service made available on the Website and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks, and other intellectual property rights. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through the Website, or of any intellectual property rights relating to those products or services.

7.Indemnification. You agree to defend, indemnify, and hold harmless the Company and its affiliates, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees, including reasonable attorneys' fees, arising out of or relating to a claim that the Customer Intellectual Property infringes the intellectual property or other proprietary rights of any person.

8.Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Website.

9.Force Majeure. Neither party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached these Sales Terms and Conditions, for any failure or delay in fulfilling or performing any term of these Sales Terms and Conditions (except for any of your obligations to make payments to us hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party's ("Impacted Party") reasonable control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire, earthquake, pandemics, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of the purchase of any products or services; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; and (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials. The Impacted Party shall give notice within ten days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party's failure or delay remains uncured for a period of 30 days following written notice given by it under this Section 9, then either party may thereafter terminate these Sales Terms and Conditions upon five days' written notice.

10. Governing Law and Jurisdiction. All matters arising out of or relating to these Sales Terms and Conditions are governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Florida.

11.Arbitration.

YOU AND BEL USA LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO THESE YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITE OR THESE SALES TERMS AND CONDITIONS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

• (a) The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 11. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section and any arbitration between us. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this Section 11, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. We will be responsible for paying any individual consumer's arbitration fees to AAA. If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
• (b) You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
• (c) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BEL USA LLC WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER PARTIES IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
• (d) If any provision of this Section 11 is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
• (e) The arbitration shall be heard by one arbitrator, chosen by agreement of the parties. If the parties fail to agree on an arbitrator within 30 days of the commencement of the arbitration, the arbitrator selection mechanism in the AAA’s Consumer Arbitration Rules shall apply. The place of arbitration shall be Miami, Florida unless the parties agree in writing to a different location. Regardless of where the arbitration proceeding actually takes place, all aspects of the arbitration and these Sales Terms and Conditions shall be governed by the provisions of the laws of the State of Florida (except if there is no applicable state law providing for such arbitration, then the Federal Arbitration Act shall apply) and the procedural and substantive law of such state shall be applied without reference to conflict of law rules. The award of the arbitrator shall be accompanied by a reasoned opinion. Except as may be required by law or to enforce an award, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of the Company.

The parties to these Sales Terms and Conditions acknowledge that by agreeing to this arbitration provision, they are giving up the right to litigate claims against each other, and important rights that would be available in litigation, including the right to trial by judge or jury, to extensive discovery, and to appeal an adverse decision. The parties acknowledge that they have read and understand this Section 11 in these Sales Terms and Conditions, and that they voluntarily agree to binding arbitration.

12.Assignment. You will not assign any of your rights or delegate any of your obligations under these Sales Terms and Conditions without our prior written consent. Any purported assignment or delegation in violation of this Section 12 is null and void. No assignment or delegation relieves you of any of your obligations under these Sales Terms and Conditions.

13.No Waivers. The failure by us to enforce any right or provision of these Sales Terms and Conditions will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of BEL USA LLC.

14.No Third-Party Beneficiaries. These Sales Terms and Conditions do not and are not intended to confer any rights or remedies upon any person other than you.

15.Notices. We may provide any notice to you under these Sales Terms and Conditions by: (a) sending a message to the email address you provide; or (b) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current. To give us notice under these Sales Terms and Conditions, you must contact us as follows: (i) by sending a message to support@discountmugs.com; or (ii) by personal delivery, overnight courier or registered or certified mail to BEL USA LLC, 12610 NW 115 Avenue, Miami, FL 33178, Attn: Legal Department. We may update our email address or mailing address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

16.Severability. If any provision of these Sales Terms and Conditions is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Sales Terms and Conditions and will not affect the validity or enforceability of the remaining provisions of these Sales Terms and Conditions.

17.Entire Agreement. These Sales Terms and Conditions, the Product Information, our Website Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Sales Terms and Conditions.