Etching Expressions Terms and Conditions
We appreciate your business and strive to provide you with the highest quality customized product that we know will elicit...Wow!
To provide you with the best service possible we operate under these guidelines:
- Work of Art. All of our products are handcrafted by skilled artisans. As such, with any handcrafted product, slight variations in the finished product are expected and considered normal. While wine bottles are not created as a canvas for art, we work with the wide variation in sizes, textures and quality found in your favorite wine to make your order something you’ll admire and want to keep. Most wine bottles are produced by the manufacturer with a small number of abnormalities such as molding seams or slightly misaligned labels. These variations vary depending on the wine manufacturer, wine type and bottle design. These variations, which help ensure that each bottle is unique, are considered normal and are beyond the control of Etching Expressions.
- Submitted Photos and Artwork. Submit photos and art that are of the highest resolution possible. Files that are of low resolution, such as those copied from the Internet, or of poor quality most likely will not be acceptable. All electronic art submitted (i.e. logos) must be camera or print ready, ideally in vector format with fonts saved ‘as outlines’. Electronic files are preferred in vector formats either as .ai or .pdf. Don't know what we are talking about? In most cases our graphic designers will usually be able to convert low-resolution artwork to higher quality at an additional cost.
- Design Charge. All orders include up to 20 minutes of free design work, which covers most orders. Custom orders or excessive re-works (more than three changes) may require additional time and are charged at our standard design fee of $75 per hour (1/2 hour minimum.). Proofs for custom design are provided for Customer review. Prompt approval (within 24 hours) is required to ensure timely production of your order. Any delay in the approval process may result in delay in the receipt of your order.
- Custom Designs. The Customer must provide typed copy for custom designs so that it is clear and error free. We will follow the exact specifications in laying out your design. In the absence of exact specifications, our designers will use their best judgment in creating your design. We will not be responsible for errors of Customer’s specifications including misspellings, spacing, or misuse of capitalization or punctuation in your label or etch design.
- Copyrights. When providing artwork for custom designs, the Customer warrants they own or have rights to the copyright for all designs submitted. Customer agrees to indemnify and hold harmless Etching Expressions for any claims of copyright infringement.
- Release. Customer agrees that we may use their custom images in promotional material including displays, brochures, marketing materials, videos, websites and other marketing uses.
- Payment Terms. Prepayment is required for all orders before shipment. Orders over $99 require a deposit of 50% before production. We accept checks, purchase orders, and credit cards (Visa. Master Card, Discover and American Express). A convenience fee of 3% is charged on all credit card orders above $200.
- Etching Services Performed. Etching Expressions will perform the following etching services on customers’ behalf, on bottle(s) of wine that you own and that will not be re-sold at retail. Etching services include: 1. Etching Expressions will remove labels from your bottle(s). Our standard procedure is to remove the front label on all house wine, and the back label on upgraded name-brand bottles. Champagnes or sparkling wines with a neck label, will have the front label removed. All labels may be removed for an additional cost. You must provide written direction if you desire label removal other than described above. 2. Etching Expressions will etch the designs and phrases designated by you, or affix a custom label, per your order on your bottles(s) where the labels have been removed. You may purchase bottle(s) used in decorating services from the source of your choosing.
- Estimated Ship Dates. All orders are contingent upon receipt of usable artwork, approval of proofs, forwarding of shipping addresses, inserts (if applicable) and payment. We are not responsible for missed ship dates if any required information is not provided in a timely manner. Our standard production time for one to twelve bottles is three business days and five to seven business days for orders of 13 or more bottles. Production time is the time it takes us to hand craft your order; actual shipping transit time is additional. "Rushed orders" are brought to the head of the line, but depending on the complexity of the work, it might take up to the following business day to produce. Orders that are rushed AND received by noon (PST) will normally ship out the following business day.
- Shipping. Shipping depends on the size and type of order. Our standard shipping is via UPS/Fedex ground service or freight lines (for large orders). If you require rush service or wish to use alternate shipping methods you must contact a customer service representative. We are not responsible for late delivery due to service interruption, damage in-transit and weather. Due to the alcoholic content of our product, an adult over the age of 21years of age must be present at the time of delivery. We recommend to ship to a business address. UPS/Fedex will not leave packages unattended, even if the Customer signs a release. Because of this, we also cannot ship wine to P.O. boxes. Laws on shipping alcohol vary by state and local jurisdiction. Customer assumes all responsibility for delivery to their designated shipping state and location, including but not limited to seizure of wine by government authorities if it is illegal to ship into or receive wine in that state or location. Company ships alcohol products to AK, AZ, CA, CO, CT, DC, FL, GA, ID, IL, KY, MA, MN, MO, NV, NM, NC, ND, NJ, NY, OH, OR, PA, PR, TX, VA, WI and WA. We ship non-alcoholic products to all 50 US states. If an alcoholic product is ordered shipped to a prohibited location, we reserve the right to exchange it with a non-alcoholic substitute. Please note that due to restrictions, we have very limited ability to ship outside of the United States. The Customer is responsible for providing correct shipping addresses. UPS will assess charges for incorrect or undeliverable packages. The Customer is responsible for a $25 per package charge plus any return shipping fees (if incurred) for incorrect and undeliverable packages.
- Customer Provided Wine and Liquor. We will gladly etch or label any product you provide to us. The Customer is responsible for shipment of product to Company. The shipping address is: Etching Expressions, 900 Civic Center Drive, National City, CA 91950. We recommend that the product is professionally packaged and insured to ensure safe delivery. For customer provided product we offer optional insurance coverage in the event of loss or damage (including mis-etching) for $5.00 per item (bottle) or 10% of the value of the wholesale price, whichever is greater. If coverage is not explicitly requested and paid for, then Company assumes no liability in the event of any loss, damage or production errors.
- Underage. On rare occasions on special orders, where the Customer provides product and the Company is unable to source additional product, an underage of total products may occur due to normal production loss. In this event the Company will charge for only the actual number of delivered product. A credit for the price of damaged/lost product will be applied to Customer’s invoice. To prevent this situation, we strongly recommend that for any Customer provided product, an overage of at least 3% be provided to ensure we can meet your order quantities. Any overage product not used will be returned to Customer at Customer’s request and expense.
- Kitting and Fulfillment. If the Customer desires to include inserts, hang tags or other special procedures to process the order we will gladly accommodate any requests. Additional charges will apply.
- Dispute Resolution. If a dispute arises from or relates to this contract or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator, unless the claim amount exceeds $50,000, in which case the dispute shall be heard by a panel of three arbitrators. Within 15 days after the commencement of arbitration, each party shall select one person to act as arbitrator and the two selected shall select a third arbitrator within ten days of their appointment. If the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the American Arbitration Association. The place of arbitration shall be San Diego, California USA. Each party will, upon written request of the other party, promptly provide the other with copies of all relevant documents. There shall be no other discovery allowed. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing. Time is of the essence for any arbitration under this agreement and arbitration hearings shall take place within 90 days of filing and awards rendered within 120 days. Arbitrator(s) shall agree to these limits prior to accepting appointment. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator(s) shall not award consequential damages in any arbitration initiated under this section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration. The award of the arbitrators shall be accompanied by a reasoned opinion. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above.
- Jurisdiction. The jurisdiction for any dispute is San Diego County, California.
- Cancellation Fee. In the event the Customer requests to cancel an order after receipt of a bonafide purchase order, there will be a minimum 20% cancellation fee. This covers production scheduling, die charges, art set-up, special ordering and product preparation. The Customer is responsible for the value of any work completed. Additionally, in the event of a special order where Etching Expressions has already placed an order on behalf of the Customer and the product cannot be returned or cancelled, the Customer shall be responsible for the full wholesale price of the special order.
- ⚠️ CA Prop 65 WARNING: Drinking distilled spirits, beer, coolers, wine and other alcoholic beverages may increase cancer risk, and, during pregnancy, can cause birth defects. For more information go to www.P65Warnings.ca.gov/alcohol. Drilling, sawing, sanding or machining wood products can expose you to wood dust, a substance known to the State of California to cause cancer. Avoid inhaling wood dust or use a dust mask or other safeguards for personal protection. For more information go to www.P65Warnings.ca.gov/wood
- Prices. All quotes are good for 30 days from the date indicated on the quote.
- Quality Mark. We stand behind every bottle we produce. Look for the "etchingx" brand as a sign of quality on the opposite side of every bottle we etch.
- Seller Delay. The seller shall make a best effort to ship on time. If the seller is unable to ship on time due to Covid 19 or any other reason, the seller shall offer the buyer a refund if the delay is greater than 21 days. The buyer shall waive all other damages against the seller.
You must check the box indicating that you have read, understand and agree to the terms and conditions specified above.