Ventura Avenue, LLC, doing business as Graphik Needs/Promo Needs

Terms and Conditions

Last Updated: July 1, 2026

Welcome to promoneeds.com (the "Site"), operated by Ventura Avenue, LLC, doing business as Graphik Needs/Promo Needs ("Company," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your use of the Site and any products, quotes, orders, or services you obtain from us, including promotional products, branded merchandise, and related decoration or printing services (collectively, the "Products"). By accessing the Site, requesting a quote, or placing an order, you ("Customer," "you," or "your") agree to be bound by these Terms. If you do not agree, please do not use the Site or place an order.

Our Privacy Policy, provided as a separate document, explains how we collect and use your personal information and is incorporated into these Terms by reference.

1. Orders, Quotes, and Proofs

We operate on a quote-and-invoice basis. No order is confirmed, and no production will begin, until:

1. You have received a written quote and/or invoice from us; and
2. You have provided written approval (including approval of any artwork or digital proof, where applicable); and
3. Any required deposit or payment has been received, as specified on your invoice.

Quotes are estimates and may be subject to change based on final quantity, artwork complexity, material availability, supplier pricing changes, or other factors outside our control. We will notify you of any material changes to pricing before proceeding with production.

It is your responsibility to carefully review all proofs, artwork, sizing, colors, quantities, and specifications before approving an order. Once a proof or order is approved in writing, you are responsible for any errors not identified at that stage, including spelling, layout, color, and logo accuracy.

Production and delivery timelines provided by us are estimates only. While we work with our suppliers to meet quoted timelines, we are not liable for delays caused by suppliers, manufacturers, decorators, shipping carriers, customs, weather, or other circumstances beyond our reasonable control.

If you provide a requested "in-hand date" as part of a quote request or order, this date is used to assess production and shipping feasibility only and does not constitute a guaranteed delivery commitment unless separately confirmed by us in writing on your invoice or order confirmation. We will notify you as early as possible if a requested in-hand date cannot be met.

2. Product Liability, Safety, and Manufacturer Responsibility

Ventura Avenue, LLC, doing business as Graphik Needs/Promo Needs is a promotional products distributor and, under Texas law, a "seller" as that term is defined in Chapter 82 of the Texas Civil Practice and Remedies Code (the "Texas Products Liability Act"). We facilitate the sourcing, customization, and delivery of products manufactured by third-party suppliers and manufacturers ("Suppliers"). We do not manufacture the underlying products ourselves, and our role is limited to selecting, ordering, decorating (or arranging decoration of), and distributing Products on behalf of our Suppliers.

Because of this role, and consistent with Texas law, the following applies:

All product liability, including but not limited to claims relating to product safety, defects, injuries, illness, property damage, or failure to perform as intended, rests with the original Supplier or manufacturer of the Product, and not with the Company.

Under Chapter 82 of the Texas Civil Practice and Remedies Code, a manufacturer is required to indemnify and hold harmless a non-manufacturing seller, such as the Company, against loss arising out of a products liability action, except for any loss caused by the seller's own negligence, intentional misconduct, or independent act (such as negligently modifying or altering the Product).

The Company makes no independent warranties regarding the safety, fitness, durability, or performance of any Product beyond those provided by the Supplier or manufacturer.

Any applicable product warranty is the warranty issued by the Supplier or manufacturer, and is passed through to the Customer to the extent permitted by that Supplier or manufacturer. The Company does not independently warrant the Products.

Promotional products are sourced from a wide range of manufacturers and may be subject to recalls, safety notices, or compliance requirements (including but not limited to those issued by the Consumer Product Safety Commission, the FDA, or other relevant federal or Texas regulatory agencies). The Company will make reasonable efforts to pass along any recall or safety notice it becomes aware of, but is not responsible for monitoring, discovering, or independently testing Products for safety or compliance issues.

Customers are responsible for ensuring that any Product selected is appropriate and safe for its intended use and intended audience, including age-appropriateness for products intended for use by or near children, food-contact items, wearable items, and items with choking, allergy, or other safety hazards. The Company will provide manufacturer-supplied safety and care information where available, but it is the Customer's responsibility to review and distribute this information to end recipients of the Products.

To the fullest extent permitted by Texas law, the Company disclaims all liability for any injury, illness, death, property damage, or other loss arising from or related to the use, misuse, or failure of any Product, including claims based on product defects, inadequate warnings or instructions, or breach of warranty. Any such claim should be directed to the Supplier or manufacturer of the Product. We will reasonably assist Customers in identifying the appropriate Supplier or manufacturer for such claims upon request.

Important note on branded/private-label products:

If the Company applies its own house brand or private label to a Product (as opposed to decorating a Customer's logo onto a Supplier's branded item), Texas courts may treat the Company as the apparent manufacturer of that specific item for liability purposes, and the statutory protections described above may not apply to the same extent. The Company will identify the underlying manufacturer to a Customer or claimant upon reasonable request, where known.

Nothing in this Section 2 is intended to, and shall not be construed to, waive any consumer protection or remedy that cannot be waived under the Texas Deceptive Trade Practices-Consumer Protection Act, Tex. Bus. & Com. Code §§ 17.41–17.63 ("DTPA"), or other applicable Texas law. This section describes the contractual and statutory allocation of liability between the Company, its Suppliers, and Customers, and does not eliminate any non-waivable statutory rights a Customer may have.

3. Limitation of Liability

To the maximum extent permitted by Texas law:

• The Company's total liability arising out of or related to any order, the Site, or these Terms shall not exceed the total amount paid by the Customer for the specific order giving rise to the claim.
• The Company shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to lost profits, lost business, or reputational harm, even if advised of the possibility of such damages.
• Nothing in these Terms limits or waives any right, remedy, or protection that cannot be limited or waived under Texas law, including consumer protections under the DTPA, which by its own terms cannot be waived by a consumer except in narrow circumstances not applicable to typical orders placed through the Site.

4. Return and Refund Policy

Our Commitment to You

We take pride in delivering quality decorated products and stand behind our work. In the rare event that a Product is delivered with a clear and verifiable defect, damage, or printing error that does not match your approved proof, we are committed to resolving the issue promptly and working closely with our Suppliers to ensure that legitimate errors are corrected quickly and fairly. We make every effort to thoroughly inspect each order for quality and accuracy prior to shipment, so that misprints or defects are caught and corrected before they ever reach you.

Decorated / Customized Items

Because most Products we provide are custom-decorated, imprinted, embroidered, or otherwise personalized to your specifications, all decorated and customized orders are final sale and are not eligible for return, refund, or exchange once production has begun, except as described below.

Defects and Errors

If you receive Products that are defective, damaged in transit, or that do not match the approved proof or order specifications due to an error on our part or our Supplier's part, please contact us immediately upon receipt.

1. Notice requirement: You must notify us at info@promoneeds.com or (512) 591-0990 within 3 days of receipt of the Products to report any defect, damage, or error.
2. Verification: As part of your notice, you must provide clear photographs (and, if requested, physical samples) of the affected Products so that we may assess the claim. Products must not be returned, discarded, or altered until we have reviewed the claim and provided written approval to proceed.
3. Return of goods (if applicable): If, upon review, we determine that a return is necessary, affected items must be returned to us, unused and in their original condition and packaging where possible, within the timeframe we specify in writing. Products should not be shipped back without prior written approval, as unauthorized returns may not be eligible for replacement, credit, or refund.
4. Resolution: For clear and verifiable errors — such as an incorrect imprint that does not match the approved proof — we will take ownership of the issue and work diligently on your behalf to reach a fair resolution, whether that means a reprint, replacement, credit, or refund. While the specific timeframe and process for correcting the error is coordinated with the applicable Supplier and may be subject to their policies, we remain your primary point of contact throughout and will not leave you to manage the claim alone.

Claims reported after the 3-day window, or items returned after this period without prior written approval from us, may not be eligible for replacement, credit, or refund. Please note that in some cases, a Supplier's own claim window may be shorter than this timeframe; reporting issues as early as possible helps ensure your claim can be submitted in time.

Non-Returnable Situations

The following are not eligible for return or refund:

• Errors in artwork, text, color selection, sizing, or quantity that were approved by the Customer on a proof or order confirmation prior to production.
• Normal variations in color, material, or imprint that are inherent to the decoration method or substrate (e.g., minor Pantone color shifts, embroidery thread variations, or natural material variation in items like wood, leather, or stone).
• Products that have been used, worn, or altered by the Customer or end recipient.
• Issues arising from misuse, improper care, or failure to follow manufacturer care instructions.

Non-Decorated / Blank Items

If you have purchased blank (non-decorated) items, return eligibility is subject to the original Supplier's or manufacturer's return policy, which will be communicated to you upon request. Such returns may be subject to restocking fees or other conditions set by the Supplier.

5. Pricing and Payment

All prices are quoted in U.S. dollars unless otherwise stated and do not include applicable sales tax, shipping, freight, or rush fees unless explicitly noted on your quote or invoice.

All pricing displayed on promoneeds.com reflects Suggested Retail Pricing (SRP) provided by our Supplier network. In the event of a pricing error, including but not limited to errors originating from a Supplier, we reserve the right to correct the error and the accurate price will prevail. We are not obligated to honor incorrect pricing due to typographical, technical, or Supplier-provided errors.

Payment terms (including deposit requirements, net payment terms, and accepted payment methods) will be specified on your invoice. We reserve the right to require full or partial payment in advance of production for new accounts or large orders. Production will not begin, and shipment will not occur, until payment terms outlined on the invoice have been satisfied.

Late payments may be subject to interest charges and/or suspension of future order processing, as permitted by law.

6. Intellectual Property and Artwork

By submitting artwork, logos, trademarks, or other materials for use on a Product, you represent and warrant that you own the rights to such materials or have obtained all necessary permissions and licenses to use them, and that their use will not infringe upon the intellectual property rights of any third party.

You agree to indemnify and hold the Company harmless from any claims, damages, or expenses (including reasonable attorneys' fees) arising from the use of artwork or materials you provide.

The Company reserves the right to refuse to reproduce any artwork or content that it believes, in its sole discretion, may infringe on third-party rights or is otherwise unlawful or inappropriate.

7. Shipping and Delivery

Shipping costs, methods, and estimated delivery dates will be provided at the time of quoting or invoicing. Title and risk of loss for Products pass to the Customer upon delivery to the carrier, unless otherwise agreed in writing.

The Company is not responsible for delays, loss, or damage caused by shipping carriers once Products have been tendered to the carrier, though we will reasonably assist with filing claims with the carrier where appropriate.

8. Disclaimer of Warranties

THE SITE AND ANY GENERAL INFORMATION PROVIDED ON IT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, EXCEPT AS EXPRESSLY SET FORTH IN A WRITTEN QUOTE, INVOICE, OR AGREEMENT BETWEEN THE PARTIES. AS DESCRIBED IN SECTION 2, ANY WARRANTY APPLICABLE TO A SPECIFIC PRODUCT IS PROVIDED BY THE SUPPLIER OR MANUFACTURER OF THAT PRODUCT.

9. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its owners, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Site, your breach of these Terms, or your violation of any third-party right, including intellectual property rights, in connection with materials you submit for a Product order.

10. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles. Any disputes arising under or related to these Terms shall be resolved in the state or federal courts located in Travis County, Texas, and you consent to the personal jurisdiction and venue of such courts.

Nothing in this section is intended to require a consumer to give up any notice, cure period, or other procedural right provided under the DTPA or other applicable Texas consumer protection law prior to litigation.

11. Changes to These Terms

We may revise these Terms from time to time. The updated version will be posted on the Site with a revised effective date. Your continued use of the Site or placement of orders after changes are posted constitutes acceptance of the revised Terms.

12. Contact Us

If you have questions about these Terms, the Return Policy, or wish to report a product issue, please contact us:

Ventura Avenue, LLC, doing business as Graphik Needs/Promo Needs

PO Box 342022, Lakeway, Texas, 78734

Email: info@promoneeds.com

Phone: (512) 591-0990

Website: promoneeds.com