This is Photoboardsusa.com "Terms and Conditions of Buying Online", which apply in addition to our standard terms and conditions of sale, to which all users agree to and all online purchases are subject:
1. Price Information and Other Information Displayed on www.photoboardsusa.com
The prices shown are only applicable to purchases made via the photoboardsusa.com website. Special Offers and promotions advertised in the press or other media may be excluded unless specifically advertised as available online. All prices are correct at time of display online. Prices displayed online exclude local sales and use taxes unless otherwise shown. The buyer shall be responsible for all applicable local sales and use taxes. In the unlikely event of an administrative error resulting in an incorrect price being displayed, we reserve the right to correct the price. In these circumstances, you will not be bound to continue with your purchase, and will be asked to email us to confirm that you wish to proceed.
Every effort is made to ensure the accuracy of all information contained within the photoboardusa.com website. If, for whatever reason, we are unable to fulfill your order, we will offer the nearest possible alternative or issue a full refund if payment has already been processed.
2. Ordering Goods
Our store can accept orders originating from and for delivery to United States addresses only. For deliveries outside the United States, please contact us by email to firstname.lastname@example.org. After approving your design your photoboard will be processed to manufacture once payment has been made in full. You will not be able to amend or otherwise modify your order once it has been approved and payment has been processed. Details of your order will be retained by photoboardsusa.com in our database and these details can be made available on request. In the event of any questions about our retention of order details, please email us at email@example.com.
We accept payment using the Paypal invoice system. This invoice can be paid from a Paypal account, Credit/Debit cards or bank transfer. Payment will be debited from your account once the order has been placed and accepted. Goods will only be manufactured once payment has been received by us in full.
Where we give credit to the buyer, net payment for the goods is due by the 30th day after the date of the invoice. Time for payment shall be of the essence.
If you would like to order using a different payment method, please contact us at firstname.lastname@example.org.
4. Color Matching
Reproduction of color online is as accurate as photographic and electronic processes will allow.
All colors will be printed as a reasonable representation of the screen color. The printing process is CMYK. If you require a specific color match, we need to be made aware of this at the time of ordering, and this needs to be in the form of a Pantone reference.
All information supplied by or on behalf of photoboardsusa.com in relation to the products displayed on the photoboardusa.com website, whether in the nature of data, recommendations or otherwise, is supported by manufacturer’s research and believed reliable. Photoboardsusa.com assumes no liability whatsoever in respect of application, processing or use made of the aforementioned information or products, or any consequence thereof. The buyer undertakes all liability in respect of the application, processing or use of the aforementioned information or product, whose quality and other properties he shall verify, or any consequence thereof. photoboardsusa.com shall have no liability for any infringement of the rights owned or controlled by a third party in intellectual, industrial or other property by reason of the application, processing or use of the aforementioned information or products by the buyer.
6a. Delivery of Goods
We can deliver to physical addresses within the United States with the exception of Hawaii and Alaska. We cannot deliver to a post office address. We will advise if there are any additional carriage charges to your order once it has been received by us for processing. In these circumstances, you will not be bound to continue with your purchase, and will be asked to email us to confirm that you wish to proceed.
Goods can be delivered to most U.S. business or home addresses with a valid street address and Zip Code.
We currently use 3 different carriers UPS (United Parcel Service), our own transport service, and express mail couriers for our shipping options. The most appropriate delivery method will be used depending on the weight, shipping destination and shipping method for your package.
If your order contains more than one product the individual products may, on occasions, be sent on multiple dispatches.
6b. Delivery Charges
Where a buyer purchases a product from the photoboardusa.com website, carriage and packaging are charged according to the quotation provided to the buyer.
We make every effort to keep our carriage and packing charges as low as possible - and in most cases they are just a contribution towards the true cost of carriage charges and packing material costs.
Normally, when you purchase a product from photoboardusa.com, appropriate carriage and packing charge will be added automatically to your quotation. However, in certain circumstances due to size, and/or weight, and/or delivery location additional carriage charges may apply over and above those stated. We will advise if there are any additional carriage charges to your order once it has been received by us for processing. In such circumstances, you will not be bound to continue with your purchase, and will be asked to email us to confirm that you wish to proceed.
6c. Delivery Times
Delivery times are calculated in working days - i.e. Monday to Friday inclusive (working days do not include weekends and federal holidays). In case of federal holidays, please allow an extra 2 working days.
From the receipt of your order, we will endeavor to deliver your chosen items to you within an estimated 10 working days unless a longer delivery time is shown on your specific quotation. An estimated delivery time will be shown on your official order acknowledgement.
Deliveries to remote locations may take longer.
Risk of loss in the goods will pass to you on delivery. Delivery is deemed to have taken place once a signature has been received accepting such delivery.
Goods delivered by courier should arrive between 9am and 5pm, Monday to Friday. All deliveries must be signed for. If you or an authorized representative is not available when the courier arrives with your shipment, the courier will leave a card with the contact number for you to call to arrange a suitable time for redelivery or for you to collect the goods from the local depot.
We do everything we can to meet the delivery time specified in this section, however occasionally delivery times may be affected by factors beyond our control and therefore cannot be guaranteed. We will inform you if we become aware of an unexpected delay. Photoboardsusa.com shall have no liability whatsoever for any damages or losses arising directly or indirectly as a result of delayed or failed delivery.
7. After-sales Support & Warranty
Any defects in the product(s) must be photographed and emailed to email@example.com within twenty-four (24) hours of the buyer or its authorized representative accepting delivery. Photoboardsusa.com shall have no liability for any defects if the buyer fails to provide notification within this twenty-four (24) hour period.
8. Complaints and Questions
If you are not happy with any aspect of our service or if you have any questions or comments relating to an order placed online, please e-mail us at firstname.lastname@example.org, or write to: Photoboardsusa.com 974 Breckenridge LN, Louisville, KY 40207. We will make every reasonable effort to help you and resolve your complaint or question.
9. Refunds and Exchanges
We do not offer refunds or exchanges for unwanted goods, unless the goods were non-conforming or identified as damaged on receipt of delivery.
Any returns must be agreed and authorized by us in writing before they can be accepted.
Where the goods are sold under a consumer sale (as defined by the Sale of Goods Act 1979) the statutory rights of the buyer are not affected by these conditions unless the contract is an international supply contract (as defined in Section 26 of the Unfair Contract Terms Act 1977).
10. Non-conforming Goods
If you purchase a product from photoboardsusa.com which is found to be non-conforming, we, at our discretion, will provide a replacement product, arrange for a repair, or give you a refund of the purchase price.
Any returns must be agreed and authorized by us in writing before the buyer ships the goods to us as a return.
11. Intellectual Property Rights
Unless otherwise agreed in writing, the intellectual property rights in any drawings, designs, computer programs and files, or drawings used in the making of the goods shall remain with and be the property of photoboardsusa.com absolutely and the buyer has no authority to copy or permit to be copied or reproduced any part or details referred to in or on such media. The buyer authorizes photoboardsusa.com to utilize its name and logo for promotional purposes.
The buyer recognizes that we have invested time, resources, expenses and skill in building up our portfolio of trademarks and that we, at all times and in our sole discretion, are entitled to maintain the reputation, integrity and standing of the marks and set out conditions as to the way they are used.
13. Unlawful or Prohibited Use
You shall not use photoboardsusa.com website for any purpose that is unlawful or by any means prohibited under these terms and conditions. You shall not use the photoboardsusa.com website in any manner, which may harm photoboardsusa.com or other parties or adversely affect the site functionality or its use by others. You shall not attempt or obtain from or through the photoboardsusa.com website any information that is not already and intentionally made available from or through it.
14. Presuit Mediation
In the event of any dispute arising in connection with an order placed by the buyer, such dispute must first be mediated by a Civil Mediator in St. Helens, Merseyside, United Kingdom. The parties agree that the mediation shall occur within thirty (30) days of the date mediation is requested by either party. The Mediator shall be agreed upon but if the parties are unwilling or unable to agree, the parties agree that a Mediator from the International Chamber of Commerce or American Arbitration Association shall be binding on the parties. The parties agree to abide by the Mediator's Agreement, pay Mediator fees promptly and share them on an equal basis. Litigation may not be commenced until after mediation has been (i) declared an impasse by the Mediator or (ii) terminated in writing by one or both of the parties. The confidentiality provisions of the applicable mediation confidentiality act of United Kingdom shall apply to any such presuit mediation.
In the event that the parties cannot resolve a dispute through Presuit Mediation, then the parties agree to submit the matter to International Chamber of Commerce (2012 Rules of Arbitration) or the American Arbitration Association in St. Helens, Merseyside, United Kingdom, or London, United Kingdom, to adjudicate any dispute which arises in connection an order placed by the buyer.
16. Choice of Law
These terms and conditions shall be governed by and construed in accordance with the laws of England.
17. Attorney’s Fees and Costs
In addition to any other relief awarded, the prevailing party in any arbitration or litigation proceeding arising in connection with an order placed by the buyer shall be entitled to its reasonable attorneys' fees and costs.
The photoboardsusa.com website is regularly updated. Products and prices are subject to change without notice.
“Photoboardsusa.com” is a trading name of Spectrum Sign & Display Ltd.