Terms and conditions of sale on Pixartprinting
Purchases made on pixartprinting.com (the “Site”) are regulated by the following Terms & Conditions (the “Conditions”). By clicking on the “accept” button, the user accepts the Conditions without any limitations or reservations. The site belongs to Pixartprinting USA Incorporated (“Pixartprinting”). The products you purchase on the Site (“Products”) are sold by Pixartprinting.
1. Services offered by the site
The Site offers the chance to benefit from web-to-print services (the “Services”). To access the Services, the user has to be registered to the Site. During the registration stage, the user will be asked to specify if they intend to register and therefore purchase goods as a company/professional or privately, specifying the user's nationality. Unless otherwise specified, the shipping costs are in addition to any Product costs and will be paid by the user.
2. Product selection and purchasing method
After being authenticated, the user will be able to proceed with the selection of products as described in the appropriate sections, by selecting them one after the other, customizing them, and adding the required quantity to the shopping cart. Some images may be provided for informational purposes and could differ from the final delivered product. Except in the case where the user does not opt for images or designs suggested by Pixartprinting for certain products, once the quotation has been confirmed and the payment has been completed, the user will be asked to complete the order by loading the file/artwork they wish to print in the “upload area”. The user remains the only responsible party for the verification of contents, spelling and artwork of loaded files. After selecting the desired products, an order check out screen will be shown displaying the costs and total spending of the order.
3. Payments and loading of contents
The client will be able to purchase products online and carry out payments by debit/credit card, as indicated on the site, by following the instructions indicated for the chosen purchase procedure. The necessary information for payment will be forwarded, by means of cryptographic protocols, to the payment institution which has been entrusted by Pixartprinting for electronic payments. Payments must be made in advance and only after the payment and the file has been uploaded by the customer, the selected items will be put into production. Pixartprinting reserves the right at any time, at its sole discretion to not accept this payment method. In such case, the user will be contacted immediately to agree on a new payment method. During the purchasing stage, invoices are available under "My Account". It is your responsibility to print all invoices and keep them for your records.
4. User responsibility for uploaded content
The selection of contents and images to be printed, as well as the obtaining authorization for their reproduction, where necessary, is the complete responsibility of the user. Pixartprinting reserves the right, at any time, to stop any order which shows a clear violation of intellectual property rights of third parties or if the contents are defamatory, violent or otherwise contrary to public law and morality. You warrant that the content and images you upload for printing do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your Products. By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize Pixartprinting to produce the Products on your behalf. You grant Pixartprinting the right to copy, modify, create derivative works and vectorize any uploaded content for the purpose of fulfilling your order. Moreover, you warrant that you have sufficient rights to permit Pixartprinting to copy, modify, create derivative works and vectorize any uploaded content for the purpose of fulfilling your order.
5. Automatic verification of uploaded files
The Pixartprinting system automatically verifies format compatibility with regards to sizes, resolution and the presence of open fonts, font verification and the conversion into paths, checking for any white overprinting and punching, as well as the conversion of Pantone colors to the best profile for the print requested (the system does not indicate Pantone Colors present in the file, but it converts them directly to CYMK). In the case the file does not conform, the system will block the order. In such case, the user will be advised immediately via email and asked to uploading the file once again. If the system does not reveal any problems, the file will automatically pass into production.
6. File verification on request
At the request of the user, through the “Verify file” option, for an additional fee, your file may be verified by a professional Pixartprinting operator. By selecting this option, Pixartprinting will provide: graphic test of layers, template paths, safety margins, distance of the graphic elements from the edge of the print, front and back orientation, verification of .pdf files for the specific requirements of magazines and/or catalogues, (spine size, number of pages, cover files), and verification of the correct graphic setting in the event that it is necessary to fold the print. Note that the verification system does not include an exhaustive layout check, spell check or of any missing photos inside magazines, catalogues or books.
7. Delivery and shipping times
The delivery of products will be carried out on dates selected by the user during the payment stage. Times are calculated starting from the uploading of the file and reception of the confirmation. Delivery dates are valid for most of a given country. Remote areas could require two or more extra business days. If the user does not upload the file within 15 days from the order date, the order will be cancelled and the user will be refunded in the event that payment was made. Shipping and delivery are guaranteed under the terms selected on the payment page providing that the purchasing order is complete by 12:30 pm ET on the same day. Reception of files or payment confirmations after 12:30 pm ET are considered to have taken place the next working day. Pixartprinting can only ship to the country of your invoice address. Deliveries to trade fairs are not offered. Under no circumstance will Pixartprinting be held responsible for possible damages caused by a late delivery.
8. Transfer of title
The user agrees that the shipping terms for all printed products are FOB shipping point and ownership transfers to the user upon shipment. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
9. Liability disclaimer - products' defects
IN NO EVENT SHALL PIXARTPRINTING, IT'S PARENT COMPANY CIMPRESS, N.V., CIMPRESS, N.V.'S OTHER SUBSIDIARIES OR THEIR RESPECTIVE LICENSORS, SUPPLIERS, OR VENDORS, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT PIXARTPRINTING HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM PIXARTPRINTING OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL CIMPRESS,. N.V. OR ITS SUBSIDIARIES BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THIS SITE OR ITS CONTENT.
In case of printing errors not attributable to the user or to delivery of the defect or damaged product, Pixartprinting will exclusively carry out one reprint of the material. At the time of delivery, the user is obliged to thoroughly examine the products received. Any possible defects of the delivered items, printing errors or in the material's packaging not attributable to the user, are to be reported to the courier immediately. The items must be retrieved by signing subject to verification. The user will then have to send a complaint through their personal Pixartprinting account, making sure to attach photographic documentation where requested, within 8 days of the delivery of materials.
10. Disclaimer of Warranty
THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
12. Applicable law and jurisdiction for legal entities
The present conditions are subject to Massachusetts law. For all orders from individuals who are not classed a “Consumer”, all disputes relating to the interpretation and/or execution of this contract will be under the exclusive jurisdiction of the court of Suffolk County, Massachusetts.
Last updated: October 27, 2015