Please read these Terms and Conditions carefully. All services rendered and products sold by Creative Displays, Inc., are made subject to the following terms and conditions. These terms and Conditions govern all interactions between any actual or potential customers (“you”) and Creative Displays, Inc., through its agents, employees, and other representatives. These interactions can be use of our Website, the use of our Catalog, the use of our Social Media channels, speaking with a representative, purchasing a product, purchasing a service, and other interactions. By interacting with Creative Displays, Inc., you are agreeing to the Terms and Conditions herein.
Limitation on Liability
CREATIVE DISPLAYS, INC. SHALL NOT BE HELD RESPONSIBLE FOR DAMAGE OR LOSS OF ANY KIND DUE TO YOUR USE OF ANY PRODUCT OR SERVICE PURCHASED AT CREATIVE DISPLAYS, INC. OUR MAXIMUM LIABILITY TO YOU IS THE AMOUNT YOU PAID FOR THE PRODUCT. CREATIVE DISPLAYS, INC. DOES NOT NECESSARILY ENDORSE PRODUCTS AND SERVICES MENTIONED AT CREATIVE DISPLAYS, INC. NEITHER DOES CREATIVE DISPLAYS, INC., MAKE ANY WARRANTIES, EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), ABOUT THE PRODUCTS AND SERVICES IN OUR STORE OR THE ACCURACY OF OUR PRODUCT AND SERVICES LISTINGS. CREATIVE DISPLAYS, INC. DISCLAIMS ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED AT OR WITHIN THE CREATIVE DISPLAYS, INC. SITES OR WITHIN ANY ELECTRONIC FILES SENT FROM CREATIVE DISPLAYS, INC. SITES.
Creative Displays, Inc. does not make any warranty as to the products sold or services rendered. The product manufacturer may provide a Limited Warranty on certain products. To the full extent of applicable law, Creative Displays, Inc. provides the products ‘AS IS AND WITH ALL FAULTS’ and hereby disclaims all other warranties and conditions, express, implied, or otherwise, including, but not limited to, any implied warranties of fitness for a particular purpose, merchantability, or non-infringement with regard to any products.
To the full extent permitted by applicable law, neither Creative Displays, Inc. nor the product manufacturers shall be liable to you or anyone else for direct, indirect, incidental, or consequential damages, including, but not limited to, lost profits or loss of business, as the result of the failure of a product even if Creative Displays, Inc. or the product manufacturer has been advised of the possibility of such damages. The entire liability of Creative Displays, Inc. and the product manufacturers related to the use, or inability to use the products shall be limited to the purchase price of the product paid by you.
Your specific needs are largely situation dependent. Situation-dependent factors include the electrical infrastructure, mounting infrastructure, the size of the project. While Creative Displays, Inc., through its agents and employees, may attempt to assist you in determining the proper products, services, and quantities for your situation, Creative Displays provides no warranty for fitness for a particular purpose. Creative Displays cannot know the situation-dependent factors, and even if these are discussed, Creative Displays, Inc., cannot provide a warranty for fitness for a particular purpose. Creative Displays, Inc., recommends that you consult with a local electrician, a local professional installer, or other professional, if you have situation-dependent factors.
Indemnification
You shall protect, defend, indemnify and hold harmless Creative Displays, Inc., its shareholders, directors, officers, employees and agents from any fines, damages, costs, losses, liabilities, fees, penalties, claims and expenses (including legal fees and expenses) incurred by Creative Displays, Inc. as a result of the failure of you or your agents, officers, directors or employees to comply with these Terms and Conditions.
You shall protect, defend, indemnify and hold harmless Creative Displays, Inc., its shareholders, directors, officers, employees and agents from any Third Party that was harmed or allegedly harmed by a product that you purchased, installed, and/or maintained near property of the Third Party. This includes any property damage done to Third Party property, any lost profits, or other damages asserted by the Third Party.
Safety
Safety is your responsibility. Technology and the laws and limitations imposed by manufacturers and content owners are constantly changing. Your safety is your own responsibility, including proper use of equipment and safety gear, and determining whether you have adequate skill and experience. Power tools, electricity, and other resources used for these products are dangerous, unless used properly and with adequate precautions, including safety gear.
It is your responsibility to prevent electrical overloading. Electrical overloading can cause a fire, destroy electrical infrastructure, or cause other property damage. Creative Displays recommends consultation with or work by a local electrician or other professional for all of its products, especially if you are unsure of the electrical and safety considerations. The United States Fire Administration (USFA) has a guide and many simple steps you can take to prevent the loss of life and property resulting from electrical fires.
It is your responsibility to properly install any product. Creative Displays recommends consultation with or work by a professional installer or other professional for all of its products, especially if you are unsure of the electrical and safety considerations. It is also your responsibility to make sure that your activities comply with applicable laws, including ordinances and codes of any state, county, and city. Creative Displays, Inc. disclaims all responsibility for any resulting damage, injury, expense, or fines resulting from such failure to properly install or comply with applicable laws, ordinances, and codes.
Force Majeure
Neither party shall be liable to the other for failure to perform or for delay in performance due to unforeseen causes beyond its reasonable control, and such causes are without the failure or negligence of the affected party. Such unforeseen causes include, but are not limited to, acts of God, fire, flood, epidemic, strike, work stoppage or other labor difficulty, acts of governmental authority, federal, state, or local laws, orders or regulations, embargo, war, terrorist act, riot, civil commotion and/or insurrection, or by any other event or circumstance of whatsoever kind or nature not within the control of the affected party which, by exercise of reasonable diligence such party is unable to prevent, whether or not similar or dissimilar to any of the foregoing class of events or circumstances (“Force Majeure Event”). For the avoidance of doubt, economic hardship of an affected party shall not be considered a Force Majeure Event.
Information Presented
The Information Presented on this Website, any Catalog, any Social Media Channel, or during any Conversation is subject to the following terms of use:
- The Information Presented is for your general information and use only. It is subject to change without notice. The Information Presented has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described. Creative Displays, Inc. makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Information Presented, or the suitability, functionality, or operation of this Website or other Information Presented. By interacting, you assume the risk that the Information Presented may be inaccurate, incomplete, offensive, or may not meet your needs and requirements.
- Neither Creative Displays, Inc. nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the Information Presented for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and Creative displays, Inc. expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any Information Presented is entirely at your own risk, for which Creative Displays, Inc. shall not be liable. It shall be your own responsibility to ensure that any products, services or information available meet your specific requirements.
- The Information Presented contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited without express written permission of Creative Displays, Inc., and the respective rights holder, if different.
- All brand, product, service, and process names in the Information Presented are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by Creative Displays, Inc. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of Creative Displays, Inc. or any third party, except as expressly granted herein.
- Unauthorized use of this Website, our Social Media Channels, or any Catalog may give rise to a claim for damages and/or be a criminal offense.
- From time to time this Website may also include links to other Websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the Websites. We have no responsibility for the content of the linked Websites.
Ordering, Shipping, and Returns
Ordering may be done by you through the Website, through a Catalog by mail, through a Catalog over the phone, or directly over the phone. Contact us for assistance.
Creative Displays, Inc. ships merchandise to locations within the United States and U.S. territories, including Alaska, Hawaii, Puerto Rico, Guam, and the US Virgin Islands. Additionally, Creative Displays, Inc. ships merchandise to Canada and Mexico, but not to other international locations. The risk of loss and title for all merchandise ordered on this website pass to you when the merchandise is delivered to the shipping carrier. You must notify Creative Displays, Inc. prior to shipping if you wish to obtain insurance for your order.
Most orders will ship within 24-48 hours (M-F only) provided the item is in stock. Expedited orders (overnight, 2-day air) will be expedited and will be shipped within 24 hours of placing your order, usually on the same day the order is placed. Orders are not processed or shipped on Saturday or Sunday or during inclement weather. We DO NOT ship to PO Box addresses.
Creative Displays, Inc., may provide an estimate of shipping charges by weight, box dimension, ship to locations and shipping methods. Actual shipping charges may apply and are subject to change without notice.
Some products, such as dimensional displays, wireframes, trees, bows, and fiberglass props are custom made and can take up to 2-12 weeks or more from the date of order to fabricate and prepare for shipment. Large custom orders could take longer than 12 weeks. These products are not eligible for a return. Shipping dates are not guaranteed.
Creative Displays, Inc., cannot guarantee when an order will arrive. Any shipping or transit time offered to you by Creative Displays, Inc. is only an estimate. Creative Displays, Inc., encourages you to order in a timely fashion to avoid delays caused by shipping, weather, or product availability. If the expected delivery time listed with your choice of shipping has expired, and tracking information does not help, please contact us immediately. Your order may be late because no one was available to accept delivery. If you are not present when a delivery is attempted, the carrier will make a second attempt, and often a third. If delivery is still not made, the shipment will be returned to our warehouse.
Some product may be eligible for free shipping. Free shipping will be sent via FEX EX Ground or USPS services within the continental United States. AK, HI, and international orders are excluded from this offer.
Some products can be returned within 30 days, subject to the following. Please contact Creative Displays to see if your item is eligible for a return. If eligible for a return, your item must be unused and in the same condition that you received it. Your item must be in the original packaging. Creative Displays, Inc., reserves the right to charge a restock fee of 25% for returns. Creative Displays can choose to waive the restock fee if an additional order is placed. If a product is defective, you must notify us within 30 days of receiving your order.
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. Once we receive your item, we will inspect it and notify you that we have received your returned item. If your return is approved, solely at its discretion, Creative Displays, Inc. will initiate a credit or a refund to you in likewise manner as payment was received. When accepting a shipment, any missing pieces, cartons, etc., or damages must be noted by consignee on the receiving ticket prior to signing. Proper documentation must include a picture of the damaged shipment as it was received. Creative Displays assumes no responsibility for freight issues or disputes with carriers. All claims for merchandise delayed, lost, or damaged in transit are the responsibility of the consignee.
For orders that require a deposit, the balance of the invoice is due before the order ships. Failure to pay the balance of the invoice will result in a loss of the deposit and the order will be cancelled and closed. Deposits are non-refundable.
Taxation
In some states we are required to charge sales tax, unless you are a licensed reseller or have other non-profit or tax-exempt status AND provide a valid Seller’s permit or Tax-exempt ID number. We cannot process your order until the proper paperwork has been filed with our office. Once you have submitted a permit or tax-exempt number we will keep it on file with your account and ask that your status be renewed or updated if your information changes or upon future requests.
If your shipping address is outside the United States, you are responsible for paying any import taxes, tariffs, or duty fees due. Customs and import duties may be applied to International orders when the shipment reaches its destination. Such charges are the responsibility of the recipient of your order and vary from country to country. Contact your local customs office for details.
Shipping laws are different in each country. It is your responsibility to check with your customs office to verify whether the country to which you are shipping permits the shipment of your products. Creative Displays, Inc. is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices.
Governing Law
In the event of litigation or other dispute, you agree that the Law of the State of Kansas shall apply and you consent to the jurisdiction of Kansas courts, or in the event of diversity of citizenship, the United States District Court for the District of Kansas. Both parties expressly waive a trial by jury.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Creative Displays, Inc. agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of representative or class proceeding.
Changes to Terms
Creative Displays Inc. reserves the right, in its sole discretion, to change the Terms under which www.creativedisplays.com is offered. The most current version of the Terms will supersede all previous versions. Creative Displays, Inc. encourages you to periodically review the Terms to stay informed of our updates.
The Terms and Conditions constitute the entire agreement between you and Creative Displays, Inc. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Creative Displays, Inc. with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by Creative Displays, Inc. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.