Terms and Visitor Agreement
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 &lsquo Digiart&rsquo
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.
- Please note that we do not create any custom artwork until
an order has been placed and payment has been received.
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 item is obtained,
to proceed without a sample is at the sole risk of the customer. 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'.
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
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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