Terms of Sale
Last Updated on: 2016-02-24
1. Acceptance of Terms.
1.1 Your purchase of Products using the Service (as defined in the Terms of Service) is subject to these terms of sale (the "Terms of Sale"). By clicking the "I ACCEPT" button and making a purchase, you acknowledge that you have read and agree to be bound by these Terms of Sale.
2. Relationship to Terms of Service.
2.1 These Terms of Sale contain the rules and regulations concerning purchases of all Products using the Service.
2.3 Capitalized terms not defined in these Terms of Sale have the meaning assigned to them in the Terms of Service.
3. Representation Regarding Legal Age or Parental or Legal Guardian's Consent.
3.1 You represent and warrant to Photo.gifts that you have the full power and authority to enter into and perform under these Terms of Sale or, if you are a minor, your parent or legal guardian has approved and consented to your entering into these Terms of Sale and who agrees to be bound by these Terms of Sale. Photo.gifts does not knowingly make sales to children under 13.
4. The Process of Creating Canvas Prints.
4.1 Your Uploading of Images and Creation of Content.
The Service enables you to upload your Images onto Photo.gifts's computers and create Content according to the Designs you choose. You agree that Photo.gifts is not responsible for the quality of the Images you upload or your choices in creating the Designs. Not every Image is suitable for a canvas print, and some Images are only suitable for canvas prints up to a certain size or in a certain format. Based on the DPI (Dots Per Inch) contained in your Image, the Site will recommend one or more formats for a canvas print, from which you may choose. You agree that you alone are responsible for making sure that the quality of the Image you are uploading is of high enough quality to be satisfactory to you at the size you select on the sign or product that you are purchasing and for your choice of format of your canvas print. Images are created and stored in a variety of ways and you agree that Photo.gifts is not responsible for ensuring quality Images for any image file format available on the Site.
4.2 Production of Canvas Prints. The canvas prints are manufactured by electronically applying the Design and Content you have created interacting with a computer using the Service. You understand and agree that no employee, officer, owner, agent or authorized representative of Photo.gifts is responsible for monitoring the Content and Design that you, or any other user, upload or create or the canvas prints manufactured using the specifications you entered using the Service, neither while you are using the Service, nor after completing the purchase on the Site and during the production process of the canvas prints. You agree that canvas prints that are purchased will not be checked for content, spelling, grammatical or logical errors, aesthetic quality, color matching or any other factor that is within the your Control (as defined below) through the use of the Site. You have opportunities during the purchasing process to check your purchase for layout, content and other specifications, and you agree that you have done so before making your purchase. "Control" means any part of a canvas print whose specifications are, or can be, provided by you, including but not limited to: color, font size, font type, font style, font color, position of text, position of graphics, color of graphics, quantity of text, quantity of graphics, spelling of text, use of text, size of graphics, justification of graphics, justification of images, or color of the background.
4.3 Color Matching.
Photo.gifts offers the Service and sells the Products through a Site viewable via computers connected to the Internet. You may view Photo.gifts products solely through your computer screen or "monitor." Your monitor may be configured to display images and colors in a variety of ways. There is no true uniform standard to which all monitors conform. What may look one way on one monitor, will look different on another. Computers render images using light, whereas Photo.gifts produces canvas prints using pigments, which does not result in the same visual experience as viewing the images on your monitor. You agree that Photo.gifts does not guarantee that the colors on the purchased Product will look the same as they appear on your monitor.
4.4 Canvas Prints.
We attempt to describe our Products offered as accurately as possible. However, we do not warrant that product descriptions or other content of the website are 100% accurate, complete, reliable, current or error-free. You acknowledge that you have reviewed the Site and/or researched independently and that you understand what each of the Products sold on the Site is and what you are buying. Photo.gifts only warrants that you will receive the materials advertised on the Site that you purchase. You agree that Photo.gifts is not responsible for Products received that are made of materials thought by the purchaser to be something other than advertised on the Site. As an example, you agree Photo.gifts is not responsible if the canvas print received by you is not what you envisioned a canvas print would be. You agree that all Products manufactured and sold by Photo.gifts are for novelty purposes only and that Photo.gifts does not claim that the Products are useful for any specific purposes, including commercial use, or that they comply with any legal requirements. You agree to review any applicable legal authority for the standards, rules and regulations governing the legality of using any of the Products purchased on the Site. If a Product you purchased is not to your liking you may return it in accordance with our Return and Refund Policy. See below at Section 10.4.
4.5 Discounted Products.
Photo.gifts or affiliate websites sometimes advertise discounted Products. Such discounted Products will be described appropriately and may include canvas prints that require assembly by you, such as stretching a canvas print on a stretcher provided by Photo.gifts or an affiliate of Photo.gifts. Assembly may require moderate technical skills and the use of household tools. You acknowledge that you understand that if you purchase a discounted Product so described, you are solely responsible for assembly of such Product and Photo.gifts does not guarantee that the assembled Product will meet your expectations or conform to any expectations you may have with regard to such Product.
5. Order Process.
5.1 All orders for Products shall be deemed to be an offer by the Buyer to purchase Products pursuant to these Terms of Sale and are subject to acceptance by Photo.gifts. Photo.gifts may choose, at its discretion, not to accept an order for any reason. The acceptance of an order is indicated by sending you an electronic confirmation and invoice, with an order number, which may be displayed on the Site or sent by email to the email address you provided during the order process, or both. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice, even if you have already placed your order.
6. Your Account.
6.1 When you purchase a Product from the Site, you may create an account as part of the checkout process. You are responsible for maintaining the confidentiality of your password and restricting access to your password and account. You agree to accept responsibility for all purchases and activities that occur under your account.
7. Prices and Payment.
7.1 The list prices for the purchase of the Products will be stipulated on the Site, but are subject to change without notice and correction of errors and omissions.
7.2 The total purchase price, including shipping cost, and taxes incurred (if any), of any ordered Product will be displayed in the payment screen prior to confirming the order. You agree that taxes may be adjusted from the amount shown on the payment screens to reflect actual taxes owed.
7.3 Payment of any order becomes due when the order goes into production. At that time, your credit card will be charged. By submitting your order, you represent and warrant that you are authorized to use the designated credit card and authorize us to charge your order (including shipping, handling and any taxes) to that card. If the card cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled automatically.
7.4 All orders placed via Credit Card Payments are solely handled via:
Attn: Designated Copyright Agent
3443 NW 107th Street
Miami FL 33167
8. Cancellations and Changes to Your Order.
8.1 Photo.gifts provides various opportunities to review, revise and cancel the order process before completing the placement your order. You agree that Photo.gifts is not responsible for reviewing, revising or canceling orders, Products or Images once an order has been placed. A Photo.gifts employee, employer, officer, owner or authorized agent may revise or cancel an order but is not required or obligated to do so. No order will be canceled once production has begun. By placing your order, you agree that you have reviewed your order, that no further additions, corrections or changes need to be made and that your order is final as is.
9. Production and Shipping Time.
9.1 When you're checking out you may be able to pick from several options how fast to receive your order and an estimated shipping time will be provided to you. All shipping charges are your responsibility. Shipping charges will be included on your invoice and can be viewed prior to finalizing your order. The shipping charge shown during the checkout process is subject to verification. Shipping charges are subject to change without notice. Title to products passes from Photo.gifts to you upon shipment and we are not responsible for any shipping delays or problems once the product has been shipped.
10. Return and Refund Policy.
10.1 Photo.gifts warrants that the Products it sells are free from manufacturing defects for a period of 30 (thirty) days after your receipt. Any claim of defectiveness must be made no later than thirty (30) days after receipt of the Product. If the Product fails or breaks due to a manufacturing defect during that time (i.e., is "Defective"), you agree to send an email to firstname.lastname@example.org, with a photo showing the alleged defects of the Product and providing a description regarding the circumstances of the Product's failure or breakage, including but not limited to the use of the Product, the conditions the Product was in, and any other information useful to an informed determination by Photo.gifts as to the cause of the failure or breakage or reasonably required to be provided by Photo.gifts. Alternatively, you may return the Product for Photo.gifts's inspection, at your own cost. You agree that the determination of whether a Product is Defective is within the sole discretion of Photo.gifts.
10.2 Photo.gifts may upon request supply a shipping label for the return of a Product to Photo.gifts that Photo.gifts has recognized as Defective, in which case you must return the Defective Product using the shipping label. Photo.gifts may, in its discretion, waive the requirement that the Defective Product be returned.
10.3 Upon receipt of a Product (unless waived), and if Photo.gifts recognizes it as Defective, Photo.gifts will, at your option, (a) send you a replacement of the Product or (ii) for the purchase price, plus original shipping cost, of the Defective Product or (b) issue a refund of the purchase price, plus the original shipping cost, by check or any other appropriate method (as selected by Photo.gifts), including but not limited to refund of electronic payments.
10.4 If a Product is not to your liking, but not Defective (as determined by Photo.gifts), you may return the Product at your own expense to Photo.gifts within 14 (fourteen) days upon your receipt of the Product. If the Product is received by Photo.gifts unused and in its original condition, Photo.gifts will, at your option, issue a credit for or a refund of the original purchase price of the Product, minus the original shipping cost and any taxes paid. Refunds will be paid by check or any other appropriate method selected by Photo.gifts, including but not limited to refund of electronic payments. A credit may be used on the Photo.gifts website for any purchase of Products then offered by Photo.gifts within 60 (sixty) days of the date of issuance of the credit.
11. LIMITED WARRANTIES.
11.1 Photo.gifts MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS OF SALE, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY. THE WARRANTIES IN THESE TERMS OF SALE GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. LIMITATIONS OF LIABILITY AND EXCLUSION OF DAMAGES.
12.1 Photo.gifts OR ITS SUPPLIERS OR LICENSORS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES RELATING TO LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE OR EQUIPMENT OR FACILITIES, OR INTERRUPTION OF BUSINESS) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE PURCHASE OF ANY PRODUCT, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE LIABILITY OF Photo.gifts OR ITS SUPPLIERS OR LICENSORS EXCEED THE PRICE PAID BY YOU FOR THE PRODUCT YOU PURCHASED. THE PRICE EXCLUDES THE COST OF SHIPPING OF ANY PRODUCTS TO YOU OR ANY TAXES OR ANY OTHER PAYMENT TO A THIRD PARTY.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF Photo.gifts, ITS SUPPLIERS AND LICENSORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
13. Violation of Terms of Service or Terms of Sale and Cancellation.
13.1 While Photo.gifts does not review your Content, you still agree to be bound by the restrictions as laid out in the Terms of Service. You also agree that your Content does not contain any content that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, libelous, tortious, hateful, or racially, ethnically or otherwise objectionable, or invasive of another's rights including but not limited to rights of personality, likeness, celebrity, privacy and intellectual property, in each case as determined by Photo.gifts in its sole discretion.
13.2 Should it come to the attention of Photo.gifts that you have violated the Terms of Service or these Terms of Sale, you agree that Photo.gifts may send you a notice of cancellation and that any pending order you may have placed may be canceled, in the sole discretion of Photo.gifts. You further agree that the purchase price of your order, less any cost incurred during the processing of your order and its cancellation, may be refunded by check or by such other means of refund as Photo.gifts may select, including but not limited to refund of electronic payments.
14.1 You agree to indemnify and hold Photo.gifts and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Indemnified Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Indemnified Parties alleging or threatening that, through any act or omission, you have breached any of these Terms of Sale or have caused loss, damage or liability to such claimant. If you are required to indemnify Photo.gifts under this paragraph 14, Photo.gifts will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Photo.gifts's express written permission.
15.1 All notices required or permitted to be given under these Terms of Sale must be in writing and delivered to the other party by any of the following methods: (a) certified U.S. mail, return receipt requested,
(b) tracked overnight courier service, or
(c) electronic mail. If you give notice to Photo.gifts, you must use the following addresses: Bestcanvas, Inc., 3443 NW 107th Street, Miami FL 33167, email: email@example.com. If Photo.gifts provides notice to you, Photo.gifts will use the contact information provided by you to Photo.gifts. All notices will be deemed received as follows:
(d) if by delivery by U.S. mail, seven (7) business days after dispatch,
(e) if by overnight courier, on the second day after deposit with such courier service, or
(f) if by electronic mail, on the first business day after the message was sent, if no electronic notice of delivery failure or system error is provided to the sender. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.
15.2 These Terms of Sale will be governed by and construed in accordance with the laws of the State of Florida without reference to such law's conflict of law principles.
15.3 All disputes arising out of, relating to or connected with these Terms of Sale or your purchase of any Product will be exclusively resolved by the state or federal courts sitting in Dade County, Florida. You waive any defense against the exercise of jurisdiction of such courts, including but not limited to forum non conveniens. You and Photo.gifts irrevocably waive the right to jury trial.
15.4 These Terms of Sale will be binding upon each party hereto and its successors and permitted assigns. Photo.gifts may assign its rights and delegate the performance of its obligations under these Terms of Sale to any affiliate of Photo.gifts. You may not assign your rights or delegate your obligations under these Terms of Sale to any person without the prior written consent of Photo.gifts.
15.5 These Terms of Sale (including all of the policies and other terms and agreements described therein , which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding their subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding their subject matter.
15.6 No failure or delay by a party in exercising any right, power or privilege under these Terms of Sale will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.
15.7 You and Photo.gifts are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms of Sale.
Copyright 2016- © Bestcanvas, Inc., 3443 NW 107th Street, Miami FL 33167. All rights reserved.