(last updated 2009/11/17)
These terms and conditions (these "Terms and Conditions") relate to the supply of products from print24 websites to customers in the U.S. Please read these Terms and Conditions carefully before placing an order. By using the print24 website or ordering any of our products, you agree to be bound by these Terms and Conditions.
Please print a copy of these terms and conditions for future reference.
By clicking the "I Accept" button, you have entered into a binding agreement with us and have agreed to accept these Terms and Conditions. No orders can be placed without selecting "I Accept."
1. ABOUT print24
print24.us is a website operated by print24.com USA LP
print24.com USA LP
800 Fifth Avenue
2. SERVICE AVAILABILITY
print24.us is intended for use only by people resident in the U.S. We do not accept orders from outside the U.S.
3. YOUR STATUS
By placing an order through our website you warrant that:
(a) you are legally capable of entering into binding contracts.
(b) you are at least 18 years old.
(c) you are resident in the United States.
4. THE CONTRACT BETWEEN US
4.1 After placing an order, you will receive an email from us acknowledging that we have received your order request. All order requests are subject to acceptance by us and we will confirm acceptance by sending you a second email confirming your order (an "Order Confirmation"). A contract between us will be formed only when we send you this Order Confirmation (a "Contract" or "Order") indicating our acceptance of your offer to purchase Products.
4.2 The Contract will relate only to those products we have confirmed in the Order Confirmation (the "Products"). We will not be obliged to supply any other products you may have requested until we have issued a separate Order Confirmation for additional Products.
4.3 If you request a change to your Order, this will be seen as a request to cancel the Order and place a new order. All Order cancellations are subject to Section 18.
4.4 We reserve the right to decline an order request and to terminate a Contract without notice if the transmitted print data contains contents that are pornographic or illegal, or contents the use and printing of which we have reason to believe would constitute copyright or trademark infringement, misappropriation of trade secrets, violation of moral rights or rights of publicity or personality, slander or libel, or other violation of intellectual property or other rights.
5. CONSUMER RIGHTS
Because the Products are custom-made articles or goods made to consumer specifications, once a Contract is made, that Contract may not be cancelled by you other than as provided specifically in these Terms and Conditions.
6. AVAILABILITY AND DELIVERY
6.1 Specified delivery schedules are estimates of delivery times only. Actual delivery times may vary. Such specified delivery schedules generally denote planned shipment times and are not binding on print24. The estimated delivery period is specified in business days: Mondays to Fridays, excluding public holidays.
6.2 You acknowledge that an estimated delivery date is dependant upon receipt and confirmation by print24 of all data, payments, and email notices, before 12:00 noon on the date of the Order's submission. Prompt and proper fulfillment by you of your obligations is required.
7. RISK AND TITLE
7.1 Risk of loss for the Products is passed to you at the time of shipment. If Products are ready for dispatch and shipment, or acceptance of Products is delayed for reasons which are not the fault of print24, risk of loss for the Products passes to you upon your receipt of notice from print24 that the Products are ready for shipment.
7.2 Ownership of the Products will pass to you only when print24 receives full payment of all sums due, including delivery charges.
8. PRICE AND PAYMENT
8.1 The prices of any Products will be as quoted on print24's website from time to time, except in cases of obvious error.
8.2 These prices quoted on the print24 website are exclusive of tax and shipping costs.
8.3 These prices apply only where the order data on which the prices are based does not change after print24 sends you an Order Confirmation. Costs attributable to changes specified by you after print24 has sent an Order Confirmation will be charged separately.
8.4 print24 reserves the right to change its prices at any time, provided that any price change will not affect Products for which we have already sent you an Order Confirmation.
8.5 print24's website contains a large number of Products and it is always possible that, despite our best efforts, some items may on occasion be incorrectly priced. We will verify prices as part of our dispatch procedures so that, where a Product's correct price is less than the stated price, we will charge the lower, correct amount. If a Product's correct price is higher than the price stated on our website, we will, at our discretion, either contact you for instructions before dispatching the Product, or cancel your Order and notify you of such cancellation.
8.6 Payment for all Products must be by credit card (MasterCard, Amex or Visa only) or Paypal, or by payment in advance.
8.7 print24 will send invoices solely by email with a qualified electronic signature. By submitting an order, you agree to this form of invoicing. Payments for an Order will be due regardless of whether and when an invoice is issued.
8.8 Unless specified otherwise on the Order Confirmation, the gross total price will be due for payment immediately upon receipt of the Order Confirmation.
9. PRINTING SERVICES, TRANSMISSION AND CONVERSION OF PRINT DATA, AND PRINT DATA ERRORS
9.1 The printing services performed by print24 will be carried out in accordance with the standards, policies, and procedures developed by the International Digital Enterprise Alliance, Inc. (IDEAlliance), General Requirements and Applications for Commercial Offset Lithography (GRAcOL).
9.2 print24 reserves the right to determine the appropriate method of printing (whether digital or otherwise).
9.3 We will carry out all print orders solely on the basis of the print data sent by you. You acknowledge that differing data formats or other specifications may contribute to errors in the Products. Error-free printing is not warranted or guaranteed.
9.4 You must carefully check print data to determine whether it is suitable for an Order before sending it to us. We will not check print data and you alone bear the risk of any errors in the printed Products due to incorrect data supplied by you. Products printed in accordance with specifications in print data supplied to print24 will not be considered defective.
9.5 You are responsible for the successful transmission to print24 of print files needed for print24 to fulfill your Order; print24 is not liable for such transmission or any order until it is actually received by print24 and an Order Confirmation is issued.
9.6 At your express request, where technically feasible, print24 will endeavor to process formats other than those specified in fact sheet. If errors occur as a result of using these non-specified formats, responsibility will be borne by you and not by print24, and such Products will not be considered defective or incorrect.
9.7 print24 can convert print data not sent in CMYK mode, but such conversion will be at your risk. You acknowledge that conversion of RGB data or ICC color profiles will naturally result in the printed Products deviating in color from the original supplied to print24, and you will be solely liable for these deviations. Any deviations in color of printed Products caused by such conversion will not be considered defective.
9.8 If you send files created using the online design application FREEDESIGN® that do not correspond to the agreed RGB color mode, you will be solely responsible for deviations in color. You acknowledge that the use of files in CMYK color mode or attached ICC color profiles will naturally result in the printed Products deviating in color from the original supplied to print24, and you will be solely liable for these deviations.
10. COMPLAINTS AND DEFECTS
10.1 Defects or inaccuracies in delivered goods must be reported to us within two (2) weeks of receipt; otherwise, all sales are final.
10.2 Complaints made solely because you have failed to heed the information on requirements for print data or failed to provide print data that satisfies such requirements will not be considered. This shall apply in particular to printed matter that is based on RGB colors, and in which the resolution is too low or in which non-embedded fonts are used.
10.3 Slight deviations in color will not be regarded as defects, including, without limitation, deviations in color between different Orders carried out by print24.
10.4 Deviations of 0.04 inches or fewer for mis-trimmed, folded, and stapled products will not be regarded as defects.
10.5 Short or excess shipments of up to 10 % of the ordered print run that are customary in the trade must be accepted by you, provided they are reasonable. You will be charged for the actual supplied quantity.
10.6 If print24 is able to complete only a portion of your Order, we will, at our discretion, either contact you for instructions before dispatching the Product, or cancel your Order and notify you of such cancellation.
11. OUR LIABILITY
11.1 THE print24.us WEBSITE IS OPERATED BY print24.com USA LP ON AN "AS IS," "AS AVAILABLE" BASIS, AND THE PRINTING SERVICES PROVIDED BY print24 AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMITTED BY LAW, print24 DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, ORAL OR WRITTEN, CONCERNING THE PRINTING SERVICES, THE PRODUCTS, AND THE print24 WEBSITE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, DESIGN, ACCURACY, WARRANTY OF NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE IN TRADE.
11.2 print24'S LIABILITY FOR ANY PRODUCT PURCHASED THROUGH THE print24 WEBSITE IS STRICTLY LIMITED TO THE PURCHASE PRICE OF THAT PARTICULAR PRODUCT OR ORDER. THE EXISTENCE OF MULTIPLE CLAIMS DOES NOT ENLARGE THIS LIMIT. print24 IS NOT LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, EVEN IF print24 IS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
11.3 If the supplied goods are alleged to be not in accordance with specifications provided by you ("defective"), print24, in its sole discretion, may supply a replacement or remedy the goods, to the exclusion of any further claims by you. print24 will be liable for replacement deliveries and work done on subsequently remedying goods only to the same extent as for the original goods.
11.4 If only a portion of an Order as delivered has defects, you are not entitled to object to the entire Order as defective.
11.5 In the event of cancellation of the Contract or an Order, print24 will refund any money received from you (less any liquidated damages owed to print24 pursuant to Section 18) within a reasonable amount time.
12. OWNERSHIP, ARCHIVING, PROPRIETARY RIGHTS
12.1 The printing forms or carriers produced and used by print24 to produce the Products will remain the sole property of print24.
12.2 Digital data and other material supplied by you to print24 for use in carrying out a Contract or an Order, as well as partially-finished and finished Products, may be discarded by print24 after delivery or scheduled delivery of the Products. Data and other material supplied by you and used by print24 for production will not be returned to you, and may be deleted or destroyed. print24 is under no obligation to store or retain such data.
12.3 By supplying digital data or other material to print24 for purposes of obtaining Products, you agree to grant to print24 a non-exclusive, perpetual, worldwide, royalty-free license to copy, adapt, and otherwise use all of such material for purposes of producing the Products under a Contract or Order, and you represent that you have all rights necessary, including all intellectual property rights, to grant such license and to otherwise copy, adapt, and use such material.
12.4 print24 Products will be created solely on the basis of your content-related stipulations in the print data that has been provided to print24. print24 has no control over the contents of the printed Products. You represent that you have all rights to use, make copies of, disseminate, and publish the data you have sent, in particular with regard to text and photographic material. You are liable for ensuring that the copying, adaptation, and other use of data and other material you supply does not violate, infringe, or misappropriate intellectual property or other proprietary rights of third parties (including, but not limited to, copyright and trademark rights, trade secrets, rights of publicity and personality, and moral rights) and that the contents of printed matter do not violate applicable law, including any data protection and privacy regulations. You agree to indemnify, defend, and hold print24 and its affiliates and their respective officers, directors, and employees harmless from all claims, losses liabilities, costs, and expenses attributable to
(i) any allegation of violation, infringement, or misappropriation of intellectual property or other proprietary rights (including, but not limited to, copyright and trademark rights, trade secrets, rights of publicity and personality, and moral rights) arising out of these Terms and Conditions or a Contract or an Order,
(ii) any use by you of the Products provided to you by print24,
(iii) any allegation of a violation of applicable law, including, without limitation, data protection and privacy regulations arising out of these Terms and Conditions or a Contract or an Order, and
(iv) any allegation of a breach by you of these Terms and Conditions or a Contract or an Order. print24 is entitled to control the defense and any settlement of such claim, and you agree to cooperate with print24 in defending against such claim.
13. WRITTEN COMMUNICATIONS
When using the print24.us website, you accept that communication with print24 will be mainly electronic - we will contact you by email. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information, and other communications that print24 provides to you electronically comply with any legal requirement that such communications be in writing.
All notices by you to print24 must be sent in writing to print24.com USA LP at the address specified above OR via email to email@example.com. We may give notice to you at either the email or postal address you provide when placing an Order, or in any of the ways specified in Paragraph 13. Notice will be deemed received and properly served 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that it was properly addressed, stamped, and placed in the post and, in the case of an email, that it was sent to the specified email address.
15. TRANSFER OF RIGHTS AND OBLIGATIONS
15.1 The Contract between you and print24, and these Terms and Conditions, are binding on both parties and on their respective successors and assignees.
15.2 You may not transfer, assign, charge, or otherwise dispose of a Contract or Order, or any of your rights or obligations arising under it, without our prior written consent from print24.
15.3 print24 may transfer, assign, charge, sub-contract or otherwise dispose of a Contract or Order, or any of its rights or obligations arising under a Contract or Order, at any time.
16. EVENTS OUTSIDE OUR CONTROL
16.1 print24 will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under a Contract or Order that is caused by events outside its reasonable control (a "Force Majeure Event").
16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond its reasonable control and includes including, without limitation, the following:
(a) Strikes, lock-outs, labor disputes, or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not), or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, volcanic eruption, nuclear event, subsidence, epidemic or other natural disaster or act of God.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
16.3 print24's performance under any Contract or Order is deemed to be suspended for the period that the Force Majeure Event continues, and it will have an extension of time for performance for the duration of that period. print24 will use its reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which its obligations under the Contract may be performed despite the Force Majeure Event.
17.1 If print24 fails, at any time, to insist upon strict performance of any of your obligations, or any of these Terms and Conditions, or if print24 fails to exercise any of the rights or remedies to which it is entitled, such failure will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
17.2 A waiver by print24 of any default will not constitute a waiver of any other default, whether prior, subsequent, or contemporaneous.
17.3 No waiver by print24 of any of these Terms and Conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Paragraph 14 above.
18. LIQUIDATED DAMAGES
If you cancel an Order after receiving an Order Confirmation from print24, you will pay print24 the following:
(a) $ 7.50 for a gross Order value of up to $ 37.00; or
(b) $ 21.50 for a gross Order value of up to $ 740.00; or
(c) $ 35.50 for a gross Order value of over $ 740.00
by way of liquidated damages or, if greater, such sums incurred by print24 as at the date of cancellation. You acknowledge that the foregoing represents a genuine estimate of the loss that print24 would suffer as a result of you cancelling an Order because the exact damage is otherwise difficult to calculate.
If you cancel an order for which you have already paid, print24 has the right to retain an amount equal to the liquidated damages owed by you to print24 under this Section 18.
If any of these Terms and Conditions, or any provisions of a Contract, are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, they will to that extent be severed from the remaining terms, conditions and provisions, which will continue to be valid and enforceable to the fullest extent permitted by law.
20. ENTIRE AGREEMENT
20.1 These Terms and Conditions and any document expressly referred to in them represent the entire agreement between print24 and the customer in relation to the subject matter of any Contract and supersede any prior or contemporaneous agreement, understanding, or arrangement between print24 and the customer, whether oral or in writing.
20.2 You acknowledge that, in entering into a Contract or Order, you have not relied on any representation, warranty, covenant, or promise given by print24 or implied from anything said or written by print24 prior to such Contract except as expressly stated in these terms and conditions.
21. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
21.2 You will be subject to the Terms and Conditions posted on the print24 website at the time that you place an order for Products, unless we notify you of a change to such Terms and Conditions before we send you the [Dispatch Confirmation], in which case you will be deemed to have accepted such change unless you notify us to the contrary within forty-eight (48) hours of receipt by you of notice of such change.
22. LAW AND JURISDICTION
Orders, Contracts for the purchase of Products through our site, and the use of the print24 site will be governed by New York law, applicable to agreements made and to be performed entirely in New York, without regard to principles of conflicts of law. You hereby consent and submit to the exclusive jurisdiction of the courts (state and federal) located in the State of New York, County of New York in connection with any dispute or controversy arising from, or related to, any Contract to which you are a party. You hereby waive any objection you may have in any such action based on lack of personal jurisdiction, improper venue, or inconvenient forum.
23. ATTORNEY'S FEES
In the event of any dispute between print24 and you, the prevailing party in any litigation, mediation, arbitration or other proceeding shall be entitled to collect all costs and fees (including reasonable attorney's fees) in connection with the enforcement of such parties rights hereunder.
As compensation for the cancellation of an order we charge a fee of
- $ 7.50 on an order amount up to $ 37.00
- $ 21.50 on an order amount up to $ 740.00
- $ 35.50 on an order amount over $ 740.00