PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS & CONDITIONS STATED BELOW. IF YOU DO NOT AGREE TO THE TERMS & CONDITIONS STATED BELOW, PLEASE DO NOT USE THIS WEBSITE. CHILLIPRINTING.COM RESERVES THE RIGHT TO CHANGE, MODIFY OR AMEND THESE TERMS AND CONDITIONS WITHOUT ANY NOTICE.
DISCLAIMER OF WARRANTIES
THIS WEBSITE, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THIS WEBSITE, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. GELIMAS CHILLIPRINTING INC. DOES NOT WARRANT THAT THIS WEBSITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.§1 Definitions
(1) Gelimas Chilliprinting Inc. (referred to hereafter as "we"/"us"/"our" or "ChilliPrinting.com") means the party providing the goods or services under these Terms & Conditions.(2) "Customer" means the party contracting ChilliPrinting.com to acquire the goods and services supplied under these Terms & Conditions.
(3) "Customer Data" means any data (electronic or physical) provided by the Customer to ChilliPrinting.com.
(4) "Contract" means a contract made pursuant to §3 hereof.
(5) "Work" means all goods (intermediate or finished product) and services supplied by ChilliPrinting.com to the Customer.
(6) "Intermediates" means all products produced during the manufacturing process, including non-exhaustibly disks, film, plates and intellectual property.
(7) "Electronic File" means any text, illustration or other matter supplied or produced by either party in digitised form on disks, through a modem, or any other communication link.
(8) "Information" means non-exhaustively any information supplied by the Customer to ChilliPrinting.com necessary for ChilliPrinting.com to fulfil the terms of the Order.
(9) "Order" means the offer made by the Customer to ChilliPrinting.com in writing or via ChilliPrinting.com's website which is accepted by ChilliPrinting.com.
(10) "Accessible Format" means such format as may be defined on ChilliPrinting.com's website from time to time.
(11) "Prices" means those amounts payable for any particular product or service as shown on ChilliPrinting.com's website from time to time.
§2 Copyright
(1) All material and software Copyright © 2014-2024 Gelimas Chilliprinting Inc. All rights are reserved worldwide. It is strictly prohibited to redistribute, copy or republish any of the material and software contained on the ChilliPrinting.com website.§3 Formation of Contract
(1) Prices and information shown on the ChilliPrinting.com website are invitations to treat and not offers to supply goods or services which are capable of acceptance.(2) The Customer's Order is an offer to buy from ChilliPrinting.com which shall remain open for acceptance for fourteen (14) days. ChilliPrinting.com will confirm acceptance of the offer in writing (which shall include by fax or email) to the Customer.
(3) On ChilliPrinting.com accepting the Customer's offer, a binding contract will be formed between ChilliPrinting.com and the Customer.
(4) Offers and details in catalogs, brochures, advertisements etc. - including advertised prices – are subject to confirmation and are not binding.
(5) If ChilliPrinting.com submits a bespoke quotation to a customer it will remain open for acceptance for fourteen (14) days but shall then be deemed withdrawn.
(6) All agreements that may be made between ChilliPrinting.com and the Customer for the purpose of carrying out the Contract must be in writing (which shall include by fax or e-mail).
(7) ChilliPrinting.com does not accept orders from Customers residing outside the USA.
(8) ChilliPrinting.com and its services are intended solely for persons who are 18 years of age or older. Any access to or use of this website or its service by anyone under 18 years of age is expressly prohibited. By accessing or using this website, you represent and warrant that you are 18 years old or older.
§4 Prices
(1) ChilliPrinting.com reserves the right to refuse to accept any amendments to an agreed Order. Should the Customer wish to amend the Order after the Customer's offer has been accepted by ChilliPrinting.com, the Customer should contact ChilliPrinting.com in writing as soon as possible and ChilliPrinting.com will use reasonable endeavours to accommodate such changes. ChilliPrinting.com will inform the Customer of any additional costs that will be applied if the changes are made, but an administration charge may be charged in addition to the cost of any changes. Amendments to the Order will include but are not limited to changes to the Work, information concerning the Order (e.g. invoice recipient, delivery address, method of delivery, method of payment), and changes to Customer Data.§5 Cancellation, Claims, Refund & Return Policy
(1) In placing an order, the Customer is deemed to accept that ChilliPrinting.com will undertake preparatory work and be entitled to charge for that.(2) The Customer shall be entitled to request a cancellation of an order exclusively subject to the following sub-clauses.
- Until all information needed by ChilliPrinting.com has been provided in an accessible format, ChilliPrinting.com may at its discretion accept a cancellation on such terms as it may advise the Customer. Orders eligible for cancellation will be subject to a $10.00 cancellation fee.
- Once all information required by ChilliPrinting.com has been provided, the order will change its status to "In Production" and no cancellation will be permitted. After an order is "In Production", the Customer shall be liable to pay the full price of the order along with applicable taxes and shipping/handling fees.
- Additional service fees (including, but not limited to, fees for Design Services, File Check and Correction Services, Digital or Physical Proofs, Proofreading, and Layout Services) are always non-refundable.
(4) After such notification, if we verify that we made an error in our reasonable discretion, we will reprint the order or replace the damaged part of the order. The timelines of production and shipping for reprint orders will vary depending upon available production capacity and ChilliPrinting.com's discretion.
(5) In the event of any claims or rejections being made, ChilliPrinting.com reserves the right to inspect the Work. If ChilliPrinting.com wish to inspect the Work, they will notify the customer by email within 7 days of the complaint or rejection being received. On receipt of such notification, the customer must retain all copies of the work which are subject to the alleged claim or rejection. ChilliPrinting.com will then arrange to inspect the work within 28 days of giving notice of their wish to do so. In order to receive any potential replacements, ChilliPrinting.com may asked to return 100% of the received product at your own expense.
(6) Any refunds and reprints are limited to the amount paid by the Customer for production, considering all discounts received on the order and excluding additional service fees and shipping fees, or $1,000.00 (whichever is less). Reprints on orders lost or damaged in transit is limited to an amount of $250 or the limited liability of the carrier in charge of the transit according to their terms of transport (whichever applies or is less).
§6 Obligations by ChilliPrinting.com
(1) All Orders will be executed by ChilliPrinting.com on the basis of the Customer Data provided to ChilliPrinting.com by the Customer, except when the Customer has expressly requested that ChilliPrinting.com produce the Customer Data and ChilliPrinting.com has (either by itself or by a subcontractor) agreed to produce the same.§7 Delivery
(1) Under no circumstances will ChilliPrinting.com accept or agree orders which require a specific delivery date. ChilliPrinting.com will use its best endeavours to arrange delivery of the goods or services as soon as reasonably possible after the Customer has provided all the necessary information (including non-exhaustively designs, artwork and data) to ChilliPrinting.com in an Accessible Format.(2) Cost of delivery will be notified to the Customer before ChilliPrinting.com accepts the Order and the costs of delivery will be charged in addition to the Price of the goods and/or services.
(3) Delivery will be arranged to the address indicated by the Customer in the Order.
(4) Unless otherwise agreed in writing, delivery will be to kerbside at the Customer's address and the Customer will make arrangements for off-loading and for any additional transportation to its storage facility.
(5) Subject to any agreement as per 6.4 above, delivery involving difficult access and/or unreasonable distance from vehicular access shall entitle ChilliPrinting.com to make an extra charge to reflect its extra costs.
(6) ChilliPrinting.com can only arrange delivery within the USA.
§8 Supplied Materials
(1) It is the Customer's responsibility to maintain a copy of any original Electronic File provided to ChilliPrinting.com.(2) In the event that the Information provided by the Customer to ChilliPrinting.com is not in an Accessible Format, ChilliPrinting.com will be entitled to refuse to implement the Order and require the Customer to provide data in an Accessible Format. ChilliPrinting.com, at its discretion, may be willing to attempt to convert data into an Accessible Format but will accept no responsibility for the success or failure of such endeavour. ChilliPrinting.com will charge for such conversion or attempt to convert. The cost or approximate cost of conversion shall be advised to the Customer in advance of ChilliPrinting.com undertaking such conversion or attempt to convert.
(3) The Customer authorises ChilliPrinting.com to make copies of any data provided for the purpose of ChilliPrinting.com fulfilling the contract.
(4) ChilliPrinting.com will use all reasonable endeavours to ensure that documents and data provided by the Customer are handled carefully and appropriately, but ChilliPrinting.com accepts no liability for any damage or loss to the documents and/or data in excess of the value of the physical material provided.
(5) The Customer confirms that they will use adequate and current antivirus protection to protect any electronic data sent to ChilliPrinting.com. In the event that data provided by a Customer corrupts ChilliPrinting.com's systems, ChilliPrinting.com shall be entitled to recoup the full cost of remedial work from the Customer.
§9 Transfer of Risk
(1) Risk in the goods is passed to the Customer on collection by the Customer or the third party undertaking delivery of the goods.(2) The Customer shall be responsible for all insurance in respect of the goods once ChilliPrinting.com has notified the Customer that the goods are ready for collection or despatch.
§10 Variations
(1) ChilliPrinting.com shall incur no liability for any errors not corrected by the Customer when the Customer has been provided with proofs prior to production of the Work.(2) Where the Customer specifically waives a requirement to examine proofs ChilliPrinting.com is indemnified by the Customer against any and all errors in the finished Work.
(3) All reasonable efforts will be made by ChilliPrinting.com to obtain the best possible color reproduction on the Customer's Work but variation is inherent in the printing process and it is understood and accepted as reasonable that ChilliPrinting.com shall not be required to guarantee an exact match in color between the Customer's Electronic File and the finished Work. Where the Work is produced using full color printing (also known as process color or CMYK printing) it is accepted and understood that Pantone colors (also known as spot colors) shall not be accurately reproduced due to the inherent nature of the printing process.
(4) Variations in quantity: Delivery of Work in quantities 10% more or less than ordered shall be accepted without any reduction or increase in the price. In the event that delivery is less than 90% of the quantity ordered, the Customer shall be liable to pay the full price on delivery but ChilliPrinting.com may at its discretion make up the shortfall within a reasonable period or may credit the Customer for the shortfall, such credit to be an amount calculated pro rata the Product Price during Order.
(5) For the avoidance of doubt, the Customer agrees that minor deviations will be acceptable. Minor deviations shall include, non-exhaustively,:
- color deviations between two or more Orders/comparison with a former Order/between single sheets of one Order;
- cutting or folding tolerances, deviations from folded or unfolded finished formats, in particularly, but not limited to:
- magazines, brochures, books with saddle stitching or ring eyelet sewing as well as pochettas – cutlery pouches up to 0.15'' from the finished format;
- advertising products up to 1-2% from the finished format;
- all other products up to 0.1'' from the finished format;
- color deviations between the inside and cover of a magazine or brochure;
- misalignment up to 0.01'' between a partial UV varnish and a printed motif.
§11 Liability
(1) Insofar as is permitted by law where Work is defective for any reason, including negligence, ChilliPrinting.com's liability (if any) shall be limited to rectifying such defect, or crediting its value against any invoice raised in respect of the Work unless the Customer has specified in their Order that partial delivery of items within an Order are not acceptable to the Customer. In the event of such notification being received by ChilliPrinting.com from the Customer, ChilliPrinting.com's liability is limited to the total value of the price to be paid for the entire Order.(2) Where ChilliPrinting.com performs its obligations to rectify defective Work under this condition ChilliPrinting.com shall not be liable for indirect loss, consequential loss or third party claims occasioned by defective Work and the Customer shall not be entitled to any further claim in respect of the Work nor shall the Customer be entitled to repudiate the contract, refuse to pay for the work or cancel further deliveries.
(3) Defective Work must be returned to ChilliPrinting.com before replacement or credits can be issued. If the subject Work is not available to ChilliPrinting.com, ChilliPrinting.com will hold that the Customer has accepted the Work and no credits or replacement Work will be provided.
(4) ChilliPrinting.com shall not be liable for indirect loss, consequential loss or third party claims occasioned by delay in completing the work or for any loss to the Customer arising from delay in transit, whether as a result of the ChilliPrinting.com's negligence or otherwise.
(5) Where ChilliPrinting.com offers to replace defective Work the Customer must accept such an offer unless he can show clear cause for refusing so to do. If the Customer opts to have the work re-done by any third party without reference to ChilliPrinting.com the Customer automatically revokes his right to any remedy from ChilliPrinting.com, including but not exclusively the right to a credit in respect of Work done by ChilliPrinting.com.
(6) ChilliPrinting.com reserves the right to reject any work forwarded to him after initial processing by a third party as soon as is reasonably practicable without processing the work any further. Should the Customer require ChilliPrinting.com notwithstanding to continue, then ChilliPrinting.com is only obliged to do so after confirmation from the Customer in writing.
(7) ChilliPrinting.com accepts no liability for loss of profit or other financial losses suffered by the Customer.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CHILLIPRINTING.COM - INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, ASSIGNS OR AFFILIATES (COLLECTIVELY, THE "COVERED PARTIES") - BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE COVERED PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE), ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED THE AMOUNT PAID BY YOU TO CHILLIPRINTING.COM.
§12 Indemnification
(1) You agree to defend, indemnify and hold harmless the Covered Parties from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to (A) your use of this website, (B) your breach of the Terms & Conditions, (C) your dispute with another user, (D) the unauthorized access to any password-protected area of this website using your password, and (E) any image or content being reproduced as part of your order. If using this website on behalf of a Third Party, you agree to defend, indemnify and hold harmless the Covered Parties as described on behalf of yourself and any Third Party.§13 Reservation of Title
(1) The Work remains ChilliPrinting.com's property until the Customer has paid in full for the Work and discharged any other debts owing to ChilliPrinting.com.(2) In the event of any third party claiming any right in Work over which ChilliPrinting.com has retained title the Customer shall inform the third party of ChilliPrinting.com's rights and shall notify ChilliPrinting.com of the third party claim without delay.
§14 Payment
(1) ChilliPrinting.com may send invoices by email. By submitting an Order the Customer agrees to this form of invoicing. ChilliPrinting.com is entitled to correct any price errors or omissions on estimates or invoices.(2) All work carried out shall be charged. This includes all preliminary work, including non-exhaustively design, artwork, color matching whether or not the Customer agrees to that work being taken forward to production.
(3) Should the Work be suspended or delayed by the Customer for any reason ChilliPrinting.com shall be entitled to charge for storage and for loss of or wastage of resources that cannot otherwise be used.
(4) Should the suspension or delay in 14.3 above extend beyond 30 days ChilliPrinting.com shall be entitled to immediate payment for work already carried out, materials specially ordered and any other additional costs.
(5) Payment shall be made by credit card (Visa, Mastercard and American Express) or the service Paypal. (6) If payment to have been made by credit card is refused by the Customer's Bank or card issuer an administration charge of $20.00 will be added to the amount payable by the Customer and the balance of the Order Price will remain due.
(7) In the event that ChilliPrinting.com and the Customer have agreed in advance that payment is not required in cleared funds in advance of delivery or on collection, invoices are payable immediately on receipt without deduction or set off.
(8) ChilliPrinting.com expressly reserves the right to refuse payment by cheques or bills of exchange. Acceptance of the same is only an undertaking to pay. All discounts and bill charges shall be borne by the Customer and shall be due and payable immediately.
(9) In the event that the Customer has outstanding invoices and money is due to ChilliPrinting.com, ChilliPrinting.com is entitled to apply any payment received from the Customer to settle the oldest invoices first and ChilliPrinting.com will inform the Customer regarding the application of their payment. In the event that additional costs and interest have been added to older invoices ChilliPrinting.com is entitled to use any payment received from the Customer to discharge, in the following order, expenses or costs, interest and then for the principle sums due.
(10) The Customer shall not apply any set off or retention against any monies owed to ChilliPrinting.com unless any claim the Customer may have against ChilliPrinting.com has been accepted in writing by ChilliPrinting.com or has been decided on a final basis by a Court.
(11) Any claim against ChilliPrinting.com is not transferable
§15 Insolvency
(1) Without prejudice to other remedies, if the Customer becomes insolvent, ChilliPrinting.com shall have the right not to proceed further with the contract or any other work for the Customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the Customer, such charge to be an immediate debt due to ChilliPrinting.com. Any unpaid invoices shall become immediately due for payment.§16 Illegal Matter & Patents
(1) ChilliPrinting.com shall not be required to print any matter which in ChilliPrinting.com's opinion is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights of any third party.(2) ChilliPrinting.com shall be indemnified by the Customer in respect of any claims, costs and expenses arising out of the printing by ChilliPrinting.com for the Customer of any illegal or unlawful matter including matter which is libellous or infringes copyright, patent, trade mark, design or any other proprietary or personal rights. The indemnity shall include (without limitation) any amounts paid on a lawyer's advice in settlement of any claim that any matter is libellous or such an infringement.
(3) The Customer is solely liable if the rights of a third party, including non-exhaustively rights in relation to copyright and trade marks, are breached by ChilliPrinting.com when executing the Customer’s Order. The Customer confirms that he has any necessary permissions from the third party rights holders to use the information/data in the way intended.
(4) In the event that ChilliPrinting.com performs services for the Customer, especially in relation to graphical layout, image and text marks and layouts, ChilliPrinting.com reserves all rights, all intellectual property rights in relation to the products. In paying the Price the Customer does not acquire the intellectual property rights and this, for the avoidance of doubt, includes the right to make further duplications.
(5) In the event that the Customer wishes to purchase the copyright in a certain article from ChilliPrinting.com, the Customer should contact ChilliPrinting.com to agree terms and payment provisions in relation to this transfer.
(6) All Intermediates remain the property of ChilliPrinting.com and, in the event that the Customer wishes to purchase any Intermediates from ChilliPrinting.com, the Customer should contact ChilliPrinting.com to agree terms and payment provisions in relation to this transfer.
§17 General
(1) All clauses and sub-clauses of these Terms are severable from the remainder and if any clause or identifiable part thereof is held to be unenforceable by any Court of competent jurisdiction then such unenforceability shall not affect the enforceability of the remaining provisions or identifiable part thereof in these Terms.(2) These Terms, together with information provided by the Customer to ChilliPrinting.com in the Order, and any relevant legislation constitute the entire agreement between the parties and shall supersede the provision of any previous Contract, warranty or representation made or given by ChilliPrinting.com to the Customer.
(3) These conditions apply to all contracts between ChilliPrinting.com and the Customer and cannot be varied unless in writing and signed by an authorised representative of ChilliPrinting.com.
(4) Nothing in these terms shall affect the Customer’s statutory rights.
(5) The Customer shall not be entitled to cancel a contract for the supply of goods which have been made-to-order or are clearly personalised.
(6) ChilliPrinting.com reserves the right to subcontract any or all of its obligations under any contract with any customer but notwithstanding any such subcontract responsibility for performing ChilliPrinting.com's obligations under the contract shall remain with ChilliPrinting.com.
(7) ChilliPrinting.com shall be under no liability if ChilliPrinting.com shall be unable to carry out any provision of the Contract for any reason beyond its reasonable control, including (without limiting the foregoing) act of God; legislation; war; fire; flood; draught; inadequacy or unsuitability of any instructions, electronic file or other data or materials supplied by the Customer; failure of power supply; or owing to any inability to procure materials required for the performance of the Contract. During the continuance of such a contingency the Customer may by written notice to ChilliPrinting.com elect to terminate the Contract and paperwork done and materials used, but subject thereto shall otherwise accept delivery or arrange delivery when available.
(8) These terms and all other express and implied terms of the Contract shall be governed and construed in accordance with the laws of the State of Delaware and the parties agree to submit to the exclusive jurisdiction of the Courts of the State of Delaware.
(9) The parties agree that the United Nations Convention on International Sale of Goods shall have no force or effect on the Contract.