1. Acceptance
All orders and transactions between Digiart and the customer are accepted on these conditions of sale only. It is the responsibility of the customer to read such conditions before entering upon a transaction.
2. Exclusivity
Digiart trading terms and conditions shall apply to the exclusion of any other terms and conditions, unless an agreement is in writing and signed by a representative of Digiart and the Customer.
3. Variations
Digiart may vary, without any liability, the content of the site, including quotations, sales literature or other documents as long as such alterations do not materially affect the quality of the goods.
All products are printed by hand, as such Digiart shall endeavor to match the color, style and positioning on each item however Digiart is unable to guarantee an exact match.
4. Price
All prices quoted on Digiart web site are in USA dollars.
Digiart is entitled to increase the price of goods at any time prior to printing the product(s) due to factors beyond our control, however once the product(s) has been printed Digiart will honor the price as per the email agreement with the customer.
5. Quotes
Quotes are valid for a period of 30 days unless otherwise agreed in writing by Digiart. A quote is a separate agreement between Digiart and the customer and as such the customer is not entitled to any further discount as advertised on the web site.
6. Payment
The customer shall pay for all goods prior to print and dispatch due to the personalized nature of trade unless otherwise agreed in writing between Digiart and the customer.
Payment is to be made either by check, money order made payable to ‘Digiart’ or using the secure online server within our web site.
In making payment the customer is within agreement that they are the account holder and that sufficient funds are held to honor the payment.
7. Non Payment
If payment has not been made within 30 days of the invoiced date, Digiart is entitled to (a) suspend any further orders for the customer, and (b) charge the customer interest at a rate of 2% a month or part thereof from the date such monies are due until payment in full is made, and (c) pass on all collection charges to the customer that are incurred in the collection of the monies, until payment in full is made.
8. Cancellation
No goods are sold to the customer on a sale or return basis. The customer has no right to reject or return the goods without the consent of Digiart. As goods are personalized a 'cooling off' period is not applicable. Personalized items of clothing may not be exchanged or refunded should the customer request an incorrect size at time of order. Your statutory rights are not affected.
9. Alterations
Digiart shall endeavor to make amendments to requested orders as timely as possible. However if this request is received after the product has been printed Digiart shall not be liable for the cost of a reprint.
10. Delivery
Any dates provided for delivery are approximate only, and Digiart is not responsible for the timely receipt of goods once dispatched to the customer. As such, late deliveries will not be refunded, and payment will be pursued due to the personalized nature of our products.
Please note Digiart next day print and dispatch service is currently only applicable to gift orders, and is offered at the discretion of Digiart.
Orders not received within 7 working days of payment must be reported to Digiart by email. Failure to notify us within this period will result in Digiart not accepting any responsibility for items dispatched and not delivered/received.
11. Delivery costs
The cost displayed throughout the site includes the cost of postage within the USA with the exception of quoted orders which shall be quoted to illustrate unit and courier costs. This cost shall be quoted to the customer prior to acceptance. Costs for delivery outside the USA shall be calculated in accordance with point 12 of these terms. Orders will be dispatched using US Post Office or for larger parcels a UPS at the discretion of Digiart. Goods returned to Digiart described as undeliverable, will be subject to a redelivery charge.
12. Overseas delivery
Postage outside the USA will be calculated dependent upon the weight of the products ordered. For small orders these costs shall be calculated during the checkout process. For larger orders a quote is available upon request. Parcels leaving the USA shall be identified with a customs label identifying the contents of the parcel. This may be examined by customs.
13. Damaged Goods
Damaged goods must be reported to Digiart within 48 hours of delivery by email, failure to do so and Digiart will not accept responsibility and the customer shall not be entitled to reject the goods.
Upon agreement by email Digiart will cover the cost for the return of the product(s) using either 1st or 2nd class post, or courier costs on larger orders. Products must be received by Digiart to qualify for a replacement free of charge. A refund may be considered at the discretion of Digiart. A refund or replacement will not be offered in the instance that an image of poor quality has been supplied by the customer and printed by Digiart.
14. Color and Sample Matching
Digiart will endeavor to match colors as closely as possible. Exact color matching onto different substrates is not always possible and Digiart is unable to guarantee an exact match. As such the customer has no right to reject or return the goods on these grounds. Should the customer have concerns regarding the color match on multiple orders of the same design Digiart recommends that a sample mug is obtained, to proceed without a sample is at the sole risk of the customer. All products are printed by hand, as such Digiart shall endeavor to match the color, style and positioning on each item however Digiart is unable to guarantee an exact match.
15. Images
Digiart does not accept responsibility for the quality of images sent to us, 'the higher the quality of image the better the print'. (please refer to the Art Preparation page of this site).
Licensed or copyright images, logos or trademarks must not be submitted to Digiart by the customer for reprint without the consent of the owner. Digiart shall not be liable for any claim or expense arising out of any illegal or libelous matter printed for the customer or any infringement of copyright or patent or similar right resulting from compliance of the customers instructions either expressed or implied. Any legal costs incurred in such matter shall be borne by the customer.
16. Design Service
Digiart offers an On Line Service that is designed to provide the customer with the opportunity to view an illustration of their image on our products. Digiart shall then resize the image to provide the customer with a product of optimal quality. Digiart accepts no responsibility for poor quality images submitted to us. The better the image supplied to Digiart the better the print.
17. Errors
Digiart does not accept responsibility for customer input or spelling mistakes on orders. Digiart does not accept responsibility for errors on larger orders once a printing proof has been accepted by email with the customer.
18. Liability
Except in the case of death or personal injury caused by negligence on behalf of Digiart, Digiart will not be liable to the customer by reason of any representation, implied warranty, condition or other term, or any duty at common law, or under the express terms of the conditions for any consequential loss or damage (whether for loss or profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever which arise out of, or in connection with the supply of the goods or their use or resale by the customer.
19. Web site Liability
Whilst Digiart endeavors to keep the web site and emails free from viruses, trojans, worms and any other similar such ailments, Digiart shall not be liable to the customer or site visitors for any destructive results.
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