Terms & Conditions
IMPORTANT LEGAL INFORMATION: THESE TERMS OF USE REQUIRE YOU TO ARBITRATE ANY DISPUTES YOU HAVE WITH US AND YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN COURT, TO HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY, OR TO BRING ANY CLAIMS AGAINST US IN A CLASS ACTION FORMAT. PLEASE READ THE ENTIRE AGREEMENT CAREFULLY. FOR ANY GENERAL QUERIES, PLEASE REFER TO THE FAQs.
GENERAL TERMS OF SALE AND USE OF SITE
Last updated on: 16 April 2024
We, ADM Promotions USA Inc. with registered address at Suite 203, 78 Southfield Avenue, Stamford, CT 06902-7223, USA, referred to as ("adm") thank you ("you") for visiting this Mastercard store (the "Site"). For the avoidance of doubt, the Site is only operated by adm, and not by Mastercard International Incorporated.
- APPLICABILITY
- These general terms and conditions of sale and use of the Site (hereinafter the "Terms") govern the contractual relationship between adm and you placing an order via the Site.
- Before placing an order, you will be required to tick a physical box to fully accept these Terms of the Site.
- These Terms complement the adm privacy notice and cookie notice.
Privacy Notice
Cookie Notice
- OFFERING OF GOODS
- Goods offered through the Site are only available while stocks last. The offering of goods on the Site is not binding for adm and may be updated at any time.
- Occasionally there may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to goods descriptions, pricing, promotions, offers, product shipping charges, transit times and availability, for which adm cannot be held liable when such constitutes a clear error. adm reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the goods or on any related website is inaccurate at any time without prior notice (including after submission of an order).
- ORDERS
- You have the option to order goods through the Site. You can change the content of your order at any time before the final validation of your order. Once you have confirmed the content of the order, you proceed to finalise the order by paying the total price of the order, as indicated on the payment page.
- The sales contract is concluded upon confirmation of the order by adm. The confirmation of the order will be sent by e-mail to the e-mail address provided by you.
- To process the order, you must provide certain information, such as contact details, payment details and delivery details. These details must be complete and correct. If this is not the case, adm may not be able to process the order. You undertake to inform adm in good time of any change in the details provided that may affect the execution of the order.
- The creation of account is not required to place an order on the Site.
- You must be at least eighteen (18) years old at the time the order is placed. Since adm does not have your date of birth, adm may legitimately trust that you are of age or place the order with the express consent of a parent or guardian. By accepting these Terms you represent and warrant that one of the two options applies.
- REFUSAL OF ORDER
- adm reserves the right, without any liability on its part, to refuse orders for the following reasons: (i) if there is a serious suspicion of abuse or bad faith on your end; (ii) if you order an abnormal quantity of goods; (iii) if there is a suspicion that you are purchasing the goods for commercial or professional use; (iv) in the presence of an error made by adm; (v) if adm is unable to fulfil the order (e.g. because of exhausted stock); (vi) if adm wishes to discontinue the sale of the ordered goods for certain reasons (e.g. sharp increase in purchase prices at the supplier, non-conformity of goods with quality and safety regulations); (vii) in case of force majeure; or (viii) in case of an order for which you do not have the necessary authority.
- PRICES FOR GOODS
- The prices displayed on the Site are indicated in US Dollars ($) and include VAT and all applicable taxes, but exclude delivery costs, which are displayed separately before the order is placed.
- You will be charged the full price (the "Fees") shown on the Site and displayed in the shopping cart section when confirming the order by pressing the buy button.
- The prices charged are those in force on the date of the order, subject to the availability of the good(s) ordered at that time.
- Without prejudice to orders already placed, adm reserves the right to change the prices of the good(s) at any time and without notice.
- Should a good not be correctly priced on the Site and you order based on the incorrect price, adm will contact you in writing as soon as adm learns of the incorrect price. You will then have the choice to buy the goods anyway at the correct price or cancel the order. The order will only be processed after adm has received your instructions within two weeks from the date adm notified you. If adm fails to contact you using the contact details you provided during the order procedure, or if adm does not receive a reply from you within the aforementioned period, adm will treat the order as cancelled and notify you in writing.
- PAYMENT
- Every order must be paid at the time of placing the order.
- Orders can be paid by Mastercard credit cards.
- All payments are processed through an external partner called 'Stripe' and ‘CardX’. Stripe stores and processes the credit card details. adm itself does not process or maintain payment details. You will receive confirmation of your order, and shipping details via emails that includes confirmation of total cost.
- You guarantee that you are fully authorised to use the means of payment used to pay for your order and that your means of payment provide access to sufficient balance to pay the full price of the order.
- DISCOUNT CODES
- Discount codes are for one-time use and to offset face value amount of the goods or delivery costs during the checkout point of the Site. All fully and/ or partially claimed discount codes are non-refundable. All discount codes have their service life. Discount codes cannot be redeemed for cash. Only one discount code per purchase order can be used. Coupons or discount codes cannot be used in conjunction with each other or any other offers. adm shall have the absolute discretion to vary the terms and conditions applicable to each discount code adm offers and/or to refuse use of any coupon should adm consider in its absolute discretion, that you are not the intended recipient of such coupon.
- DELIVERY
- Delivery of goods will be made on fixed days, Tuesdays and Thursdays of each week.
- Unless otherwise indicated on the order page, adm undertakes to deliver the goods within a period of 30 days after full receipt of payment. A different delivery date may be expressly agreed between adm and you.
- If adm is unable to deliver the goods within the aforementioned period, adm undertakes to inform you in writing. You will then give adm a new, reasonable delivery period. If adm again does not meet this delivery timeline, you shall be entitled to cancel the order. If the delivery period is essential to you and you have informed adm of this or if adm should otherwise reasonably have known that the delivery period was essential, you shall be entitled to cancel the order free of charge in case of non-compliance with the delivery period and receive a full refund of the price paid and delivery costs.
- A delay in delivery will not entitle you to any compensation if this delay is due to your fault or to the fault of a third party, or to an event of force majeure, or to a fortuitous event.
- When an order is placed, it will be shipped to the address designated by you as long as that shipping address is compliant with any applicable shipping restrictions (note that orders can only be shipped to addresses in the United States). For all purchases made on or through the Site, risk of loss and title for items purchased on or through the Site pass from us to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
- For security reasons, adm shall not accept any order that does not allow adm to identify the natural person held to be the recipient of the order.
- REFUND
- If there is a quality issue with your order, please send mastercardcustomersupport@admgroup.com an image of the error to or damage for a prompt exchange for the same item, or immediate full refund.
- If you are entitled to a refund of amounts paid as per section 8.3 or section 9.1, the refund shall be made as soon as possible and at the latest within thirty (30) days of exercising the right.
- The refund will be made by the same mean of payment you used for the initial transaction. If you have used a credit card for payment, the refund will be made by crediting your bank account. If you paid with a debit card, you must add your bank details (IBAN) to your customer account so that adm can make the refund.
- No returns are accepted on the products purchased from the Site. For more information, please refer to the FAQs.
- IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS THAT YOU HAVE PURCHASED ON THE SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS, IN ACCORDANCE WITH SUCH MANUFACTURER’S WARRANTY, OR TO SEEK A REFUND FOR SUCH PRODUCTS IN ACCORDANCE WITH OUR REFUND POLICY NOTED IN FAQS.
- WARRANTIES
- adm warrants that the goods are in conformity with the order made and meet the normal expectations you may have. adm also warrants that the goods comply with the laws applicable at the time of the order.
- You benefit from the statutory warranty for defects in goods. The statutory warranty starts upon delivery of the goods and does not apply in case of incorporation of the goods into other products.
- Except in the case of mandatory legal provisions, adm is not liable for any losses (direct or indirect) caused by the delivered goods. If adm should nevertheless be held liable under these Terms, adm's liability shall be limited, except in cases of wilful misconduct, fraud or gross negligence, to the value of the goods ordered.
- YOUR USE OF THE SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (i) THE SITE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY; AND (ii) WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR AVAILABILITY OF THE SITE.
- PRODUCTS OFFERED ON THE SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, IF ANY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE PRODUCTS OFFERED OR SOLD ON THE SITE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, PRODUCT ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
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COPYRIGHT, OWNERSHIP AND RESTRICTIONS ON USE OF MATERIALS
- All materials contained on the Site are copyrighted property of ADM, Mastercard International Incorporated and/or our third-party licensors. All trademarks, service marks and trade names, including but not limited to the Mastercard International Incorporated and Adm Group marks, as well as the marks of our suppliers or other third parties, are proprietary to Mastercard International Incorporated, ADM or the applicable owner of the mark and are protected by state, federal and international trademark laws.
- No materials from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without our prior express written permission. The content and information posted by us on the Site may be used by you only for informational, personal, or other purposes authorized by us. You may not reverse engineer, decompile, or disassemble the Site, or any other material or technology available in connection with the Site. You agree not to circumvent or attempt to circumvent any security measures associated with the Site; use any robot, spider, scraper or other automated means to access the Site; insert any code or product or manipulate the content of the Site in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Site, including any software viruses or any other computer code, files or programs.
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INDEMNIFICATION
- You agree to indemnify, defend, and hold us and our and Mastercard International Incorporated’s respective officers, directors, owners, employees and agents (collectively, the “Related Parties”) harmless from all claims, costs, injuries, losses, investigations, judgments, fines, penalties, settlements, interest, liabilities, damages, and expenses (including attorneys’ fees and expenses) arising out of or relating to: (a) your inappropriate or unlawful use of the Site; (b) your violation or infringement of copyright or other intellectual property or other rights of third parties and (c) any alleged breach of these Terms of Use or other terms on the Site.
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LIMITATION OF LIABILITY
- UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WILL WE (INCLUDING OUR RELATED PARTIES) BE LIABLE FOR DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOST PROFITS ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THE SITE OR ANY SITES LINKED FROM THE MAIN SITE, OR THE PRODUCTS AVAILABLE THROUGH THE SITE, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE ASSUME NO RESPONSIBILITY IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, COMPUTER VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY AFFECT YOUR DEVICE, DATA, OR OTHER PROPERTY DUE TO YOUR USE OF THE SITE OR DUE TO YOUR DOWNLOADING OF ANY CONTENT ON THE SITE OR ON ANY WEBSITE LINKED TO IT.
- BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS FOR SUCH DAMAGES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS OF USE EXCLUDE OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY IF AND ONLY IF SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
- IN ANY EVENT, ANY CLAIM AGAINST US SHALL BE LIMITED TO THE GREATER OF THE FEES YOU PAID TO US FOR PRODUCTS IN THE TWELVE MONTHS PRECEDING THE CLAIM OR FIFTY UNITED STATES DOLLARS.
- VALIDITY AND AMENDMENT OF THE TERMS
- If any provision of these Terms is found to be illegal, invalid, void or unenforceable in any respect, this shall not affect the remaining provisions of these Terms.
- The fact that adm does not at any time enforce strict compliance with these Terms does not affect adm's rights and shall in no way be considered as a waiver of these rights.
- adm reserves the right to amend these Terms at any time in the future. The amended Terms shall therefore apply automatically to any order placed after the date of amendment.
- PRIVACY AND PROTECTION OF PERSONAL DATA
- Use of your personal data provided for or via the Site is governed by our Privacy Notice.
- The Cookie Notice applies to the use of cookies and similar technologies on the Site. You acknowledge to have received and read our Privacy Notice and Cookie Notice.
- GOVERNING LAW AND DISPUTES
- These Terms are governed in their entirety by State of New York.
- In the event of a dispute, you may first turn to adm to obtain an amicable solution.
- Any dispute arising between the Parties in relation to the interpretation, performance or termination of the General Conditions and/or any Agreement will be subject to the exclusive competence of the courts where the consumer has his/her residence or domicile, if located within New York territory.
- With respect to any and all disputes and claims arising out of or relating in any way to these Terms of Use or the Site (including without limitation the Privacy Policy), we and you agree to negotiate in good faith to achieve a mutually satisfactory resolution. If we and you do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted by binding arbitration under the U.S. Federal Arbitration Act and federal arbitration laws, except as provided in this section. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY.
- If you choose to commence arbitration or file a small claim court action, you must first send a written notice to us by certified mail requesting arbitration or a small claim court action and describing your claim (“Notice”). Regardless of which party sends the Notice, it should describe the basis of the claim and set forth the specific relief sought. This letter must be addressed to: ADM Promotions USA Inc., 78 Southfield Ave, Suite 203, Stamford, CT 06902 Attn: CEO. If we initiate arbitration, we will send a written Notice to your email address used to make a purchase through the Site. If we and you do not reach an agreed upon resolution within 30 days of receiving notice, we or you have the right to begin an arbitration proceeding or file a claim in small claims court. A form Notice to initiate arbitration can be copied or downloaded at www.adr.org.
- CONTACT DETAILS
- For any complaint, additional information or assistance relating to the Site or the ordering process and, in any event, for any request for information and/or clarifications in respect of the Terms you may reach out through the Contact page of the Site.