AN AFFAIR TO REMEMBER BY MARCI, LLC

AGREEMENT OF TERMS AND CONDITIONS

 

CLIENT ACCEPTANCE OF THIS LEGALLY BINDING AGREEMENT

If you do not agree with the Terms and Conditions of this Agreement, do not sign. This Agreement is between Client and An Affair to Remember by Marci LLC (herein referred to as "AATRBM") and is effective at the last date signed by either Client or AATRBM. 

 

IMPORTANT:  BY USING OR ACCESSING AN AFFAIR TO REMEMBER BY MARCI, LLC GOODS & SERVICES, OR INFORMATION, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

 

The Client further agrees that AATRBM this Agreement contains and embodies the entire understanding between the parties. This Agreement supersedes all prior agreements. No modifications of this Agreement are allowed unless in writing and signed by AATRBM and the Client.     

 

DESCRIPTION OF PRICE OF GOODS

The description and price of the goods the client orders will be shown on the Customer Sales Agreement. The goods are subject to availability. If, on receipt of your order, the goods you have ordered are not available in stock, we will inform you as soon as possible and refund the Client for any sum that you have paid for the goods.

 

Every effort will be made to ensure that prices shown in our books are accurate at the time you place your order. Suppose an error is found or the selected item(s) are no longer available by the supplier. In that case, we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or canceling your order. If we do not receive an order confirmation within 14 days of informing you of the error, the order will be canceled automatically. If you cancel, we will refund you for any sum paid by you for the goods due to this error.

 

In addition to the price, you may be required to pay a delivery charge for the goods.

 

All orders are customized. The average length of time an order takes is approximately 8-16 weeks from the Client's proof approval. Invitations will come unassembled.

 

PROOFS

If the Client requests a "Proof" upon order placement, there shall be an additional charge. Should the Client request a "Proof," the signature of approval must be provided by the Client. The proof is to validate spelling errors or layout. Should one or more changes be made upon receiving "Proof" that is not due to a mistake by AATRBM, additional charges may apply.

 

LIMITATIONS OF LIABILITY

AATRBM assumes no responsibility to the Client or any third party for the consequences of any inaccuracy, error, or omission, regardless of cause.

 

AATRBM, its employees, its agents, or suppliers shall not be liable to Client or any third party for any special, indirect, punitive, incidental, exemplary, or consequential damages, or any damages whatsoever resulting from loss of use, business, data, or profits, litigation, and the like, whether based on breach of Contract, tort (including negligence), product liability and the like, even if advised of the possibility of such damages.  For goods and services purchased through AATRBM, liability is expressly limited to replacement of defective goods or at AATRBM's option to repay the buyer with an amount equal to the purchase price of the goods. The Client acknowledges and agrees that the limitations set forth above are fundamental elements of this Agreement, and products/services would not be provided to you absent such limitations.

 

INDEMNIFICATION

You agree to indemnify, defend, and hold AATRBM, their respective employees, officers, and agents harmless against any and all actions, claims, costs, damages, demands, liabilities, proceedings, expenses, or loss of any kind (including legal and other fees and disbursements) sustained, incurred, or paid by AATRBM arising out of the access to use AATRBM or any of their agents, (including products and services and third-party content). You further acknowledge that third parties provide third-party content. AATRBM cannot control such content and has no liability or responsibility for problems regarding the same.

 

FORCE MAJEURE

AATRBM shall not be liable in damages or for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to, acts of God such as, but not limited to, epidemic(s), tornadoes, major snowstorms, hurricanes, earthquakes, flooding, fire, government restrictions (including the denial or cancellation of any export or other necessary license), wars, terrorist acts, insurrections, any other causes of like nature, such as illness, accident and/or any causes beyond the reasonable control of the party whose performance is affected. Should there be any causes of like nature previously mentioned to any immediate family members of Client, AATRBM does have the right to stall and/or terminate this Agreement should such circumstances arise. Should the Client's event be canceled, postponed, or otherwise adversely impacted as a result of a force majeure event, there shall be no refunds for payments already received by AATRBM for all custom, special, or personalized orders.            

                                                                                                                   

CHANGES / CANCELLATIONS

Absolutely no changes can be made to any special order after the effective date of the Contract unless otherwise stated on this Agreement. Once an order has been placed with AATRBM, it cannot be canceled. All additions to this Contract must be in writing and signed by AATRBM.

 

All events are solely the responsibility of the Client. Any changes by the Client or their vendors due to inclement weather, postponement, cancellation, or otherwise shall not release the Client from their obligations to AATRBM under this Agreement.

 

COPYRIGHT

An approval letter by its owner must accompany the use of any copyright, trademarks, logos, and all other intellectual property rights. The Client accepts full responsibility to provide this material upon order placement. Should the client neglect to provide such documentation, AATRBM will not be held liable for any damages and may, at its sole option and discretion, choose not to utilize such copyright, trademarks, logos, or other intellectual property unless the Client obtains the aforementioned approval.

 

SALES TAX

All state sales taxes which may be imposed or apply to this Agreement and the services rendered by AATRBM are in addition to the prices herein agreed upon, and the Client agrees to pay for same in conjunction with services rendered.

 

NON-REFUNDABLE RETAINER / FINAL PAYMENT / FINAL SALE

A 70% non-refundable retainer of estimated liquidated damages as compensation for charges required for all custom, personal, and special orders. 

Final payment is due upon merchandise pickup.

All personalized and special-order items are final sale!

 

Payment(s) for goods, delivery charges, services, and sales tax may be made by cash, US bank check, certified check, and most major credit cards. We reserve the right to request identification whenever we deem necessary.  

 

REFUNDS / EXCHANGES

All orders are customized, and therefore no refunds or exchanges will be accepted.

 

RIGHT OF REFUSAL

AATRBM reserves the right to refuse or cancel any order for any reason.

 

PICKUP / DELIVERY / SHIPPING / HANDLING

All orders are pickup orders only.  It is the Client's responsibility to pre-arrange a pickup date and time with AATRBM for goods. The company is not responsible for merchandise left 30 days after the event date. Should shipping and/or handling be required, additional fees will apply.

 

RETURNED CHECKS

If your bank or financial institution returns a check for ANY reason, a service fee of $50.00 will apply. Prompt correction of payment will be required. If the bill is not paid within 15 business days, it will be deemed as non-collectible.   

 

ATTORNEY'S FEES

In the event either party to this Agreement breaches same, then the prevailing party in any lawsuit, arbitration, or other manner or means of redress shall be entitled to cover the expenses they incur, including but not limited to attorney's fees and costs (whether at the trial level or appellate level). In the event of litigation, both parties herein agree that the venue lies in Broward County, Florida.

 

DAMAGE

Every effort will be made to provide the goods as soon as possible after your order has been accepted. However, we will not be liable for any loss or damage suffered by you through a reasonable or unavoidable delay in delivery.  In the event of any foreseeable delay, we will inform you as soon as possible.

 

ADDENDUMS:

 

DUE DATE

Signed order and payment must be submitted by the due date specified on the invoice. Should provide after the due date, rush and expedited shipping charges will apply and is subject to availability.

AUTHORIZATION TO REPRODUCE

The reproduction of cards, designs, photographs, or other tangible works requires the written consent of the author (i.e., artist, photographer, writer, composer). Ownership or possession of a copy does not give the possessor the right to reproduce the work without the written consent of the author. For your convenience, an Authorization to Reproduce is available on request and will be required for any reproductions.

MATERIALS

Please be advised: Due to the Coronavirus (COVID-19) pandemic, physical material/s (i.e., paper stocks, envelopes, ribbons, wax seals, etc.) may be limited and out-of-stock. Our production partners and suppliers may be ordered by governmental officials to limit or cease operations. In the event of a supply chain or other disruptions, timeline/s may be delayed. An Affair To Remember By Marci, LLC is not liable for the inability to perform its services due to a force majeure event, as stated in the Contract.

 

PHOTOGRAPHY

The Clients agree that AATRBM may use any images from personalized or custom invitations and their components, favors, accessories, or confections for the AATRBM's portfolio, advertising, social media (i.e., Instagram, Pinterest, Facebook, Twitter, or other social media platforms), website, blog, print materials, and magazine submissions, and any other means of promotion of the Consultant in perpetuity. The Clients waive any rights to payment, royalties, or any further consideration for using the images. The Clients waive the right to inspect and approve the finished product, including a written or electronic copy, wherein the Clients' likenesses appear. The Client has fifteen (15) business days upon receipt of order via pickup or delivery to submit any proper names they prefer to be blurred out of images. Submissions must be sent in writing to photos@rsvps4u.com. Otherwise, the complete picture may be used by AATRBM. AATRBM is hereby held harmless, released, and forever discharged from all claims, demands, and causes of action which the Clients, or the Clients' heirs, representatives, executors, administrators, or any other persons acting on the Clients' behalf or behalf of the Clients' estates have or may have because of this authorization. 

 

INSPECTION

Client agrees to inspect all aspects, including but not limited to content, color, ink color, quality, and quantity upon pickup or within three business days of delivery. AATRBM may not be held liable for any unattended packages left at the Client's door and will make arrangements for any deliveries or pickups to be stored out of the heat and in a reasonably cold location and out of direct sunlight until they are mailed out.

GUEST ADDRESSING

Computer Guest Addressing per Envelope (To be Specified) ink in (To be Specified) font. Client to submit completed Excel list with signed Agreement and full payment. Unaddressed envelopes will be shipped with the initial order. Should additional addressing be required after the order is placed, local calligraphy service will be at an additional cost.         

 

MISCELLANEOUS

This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and which collectively shall constitute one Agreement. Use of fax, email and electronic signatures shall have the same force and effect as an original signature. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If an arbitrator or court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision, it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. All notices shall be in writing and shall be sent to the address stated at the beginning of this Agreement, certified mail, return receipt requested, contemporaneously along with an email message to the appropriate party.  This Agreement may not be modified or altered except by a written instrument executed by both Parties. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any rights. Together with all the schedules attached hereto, this Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes and merges all prior proposals, understandings, and all other Agreements, whether oral or written, between the parties relating to such subject matter. Time is of the essence with respect to all obligations/deliveries/payments under this Agreement.

 

AGREEMENT TO TERMS

By signing this Agreement, the Client agrees that all items/documents have been read and checked for errors and will be ordered exactly as shown on the Sales Order Form. Also, the Client agrees to the Terms and Conditions of this Agreement and any terms and conditions on any addendum that Client may sign. 

 

© An Affair To Remember By Marci, LLC and Marci Guttenberg

Last updated:  May 16, 2022