TERMS & CONDITIONS

Treasured Photo Gifts, LLC, a Florida limited liability company, principal place of business 107 Commerce Street, Lake Mary, FL 32746-6206, USA. Email: [email protected]. You can contact Customer Care, where you can chat with us or raise a support ticket. We are available Monday to Friday, 9am to 6pm EST.

If we need to contact you, we will do so by email, or by post to the address you gave us when you ordered.

These terms tell you who we are, how we will provide our products to you, how you and we may end the contract, what to do if there is a problem, and other important information.

By placing an order, creating an account, or using this website, you agree to these terms. If you do not agree to them, please do not place an order. You also agree that we may give you notices, disclosures and records of your orders electronically, by email or by posting them to your account, and that these have the same effect as if they were given on paper.

Almost everything we sell is personalized and made to order for you alone, using the images and text you supply. Once you place your order we begin preparing your files for production, and for many products printing begins within minutes. You should treat your order as final at the point you submit it.

Before you place your order, please check:

• the spelling and grammar of any text in your project;
• that your images are cropped, sized and positioned exactly as you want them to appear;
• that you have chosen the right product type and size;
• that you have added or removed any optional extras;
• that your shipping address is complete and correct; and
• that any discount code has been applied and the discount is showing in your order total. Codes cannot be applied after you have ordered.

Our design tool will warn you if an image you have uploaded is of low resolution. If you choose to continue with an image we have flagged, we cannot be responsible for the print quality of that image. This does not affect your rights if the product is faulty for any other reason.

Screens and print reproduce color differently, so a print may not match exactly what you saw on your monitor. We cannot accept claims based on color differences between a print and your original image unless we are at fault.

Placing an order is an offer to buy. Our acceptance of your order takes place when we send you an email confirming it, at which point a contract comes into existence between you and us.

If we cannot accept your order we will tell you, and if we have already taken payment we will refund it in full. This might be because the product is unavailable, because we cannot authorize your payment, because there has been a mistake in the price or description, or because we cannot meet a delivery deadline you have specified.

We will give your order a number and tell you what it is. Quoting it when you contact us helps us help you faster.

Our personalized products are made to order using the images and text you supply and cannot be restocked or resold. There is no statutory right to cancel your order once it has been placed. That does not affect our 100% Satisfaction Guarantee in clause 10, which does apply to personalized products: if you are not happy with your order, tell us within 30 days of delivery and we will reprint it or refund you.

This does not apply to products we supply in a standard, unaltered form that carry no personalization, or to vouchers you have not yet redeemed. For those you have 14 days to change your mind.

Nothing in this clause limits any rights you have under the law of the state in which you live, or your rights if what we send you is faulty, damaged or not as described. Those are dealt with in clause 10.

You do not have a right to change or cancel a personalized order once it has been placed. We will, however, always try to help if you contact us quickly.

As a courtesy, and where production allows, we may be able to stop or amend an order if you contact us immediately after placing it. Whether we can depends on the product you ordered and how far it has progressed, and we cannot guarantee it. Some products are committed to print as soon as your order reaches us and cannot be stopped at all.

To ask, contact Customer Care straight away. We will tell you promptly whether your order can still be stopped. If it can, we will stop it and refund you in full. If it cannot, we will explain what stage it has reached.

We do not charge a fee for canceling an order.

Vouchers you have not yet redeemed may be canceled within 14 days of purchase. Once you redeem a voucher you are asking us to begin supplying the product, and the right to cancel the voucher purchase ends.

Only one promotional code or voucher may be used per product, and codes cannot be combined with other promotions unless we say so. Promotional codes have no cash value.

A voucher can only be used once. If your voucher covers more than one item, please order the full quantity in a single order.

Prices are in US dollars. Sales tax is charged where required by law and is shown at checkout.

The price shown at checkout includes all mandatory charges. Anything else that must be paid, such as delivery, is shown to you before you place your order and is included in the total you are asked to approve.

We take payment when you place your order, because production begins immediately.

It is always possible that, despite our best efforts, a product may be incorrectly priced. If the correct price is higher than the price shown, we will contact you before we process your order and ask whether you want to go ahead. If you do not, we will cancel your order and refund you in full.

We make your order before we ship it. Because our products are personalized, we need 1 to 3 business days to produce them. Delivery then takes 4 to 8 business days on Economy Shipping, 3 to 7 business days on Standard Shipping, 2 to 3 business days on Expedited Shipping, or 1 to 2 business days on Rush Shipping. Delivery options and charges are shown at checkout, and any date we give is an estimate.

Delivery times are estimates and cannot be guaranteed. At the latest, delivery will occur within thirty (30) days of our acceptance of your order.

If we cannot ship within that time, we will tell you before it runs out. We will give you a revised shipping date, or tell you we cannot give one, and you can either agree to the delay or cancel for a full refund. If we cannot give you a revised date, or the new date is more than thirty days later, we will cancel your order and refund you unless you tell us you still want it. If we cancel your order and you have already been charged, we will refund you without you having to ask.

If an order is returned to us as undeliverable, we will refund you to your original method of payment. We will issue store credit only if you ask us to.

If your order has not arrived within 15 business days of dispatch, please contact Customer Care. We will investigate with the carrier and, if your order cannot be located, we will reprint and resend it or refund you — whichever you prefer. You do not have to wait longer than that.

If nobody is available to take delivery and the order is returned to us, we will contact you by email and hold your order for one month. We will send you a reminder before that month is up. If we have not heard from you, we may securely destroy the order and treat it as canceled, and we will refund you in full. Where the delivery failed because the address you gave us was wrong or incomplete, or because delivery was refused, we may deduct the delivery cost we actually paid from that refund. If you would rather we sent it again, we may charge the actual cost of redelivery, which we will tell you before we send it.

Products are your responsibility from the time you, or someone you have asked to receive them for you, take physical possession of them. You own them once we have received payment in full.

We care about quality. If you are not happy with your order, tell us within 30 days of delivery and we will reprint it or refund you. You do not need to give a reason.

This guarantee is a promise we make in addition to your legal rights. It does not replace or limit them, and your legal rights continue to apply after the 30 days have passed.

This is a Limited Warranty for the purposes of the Magnuson-Moss Warranty Act. It is given by Treasured Photo Gifts, LLC, 107 Commerce Street, Lake Mary, FL 32746-6206, USA, and it covers every product we make for you. It lasts for 30 days from delivery. To claim, contact Customer Care with your order number and, where you can, a photograph showing the problem; we will reprint the product or refund you, at your choice, at no cost to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

If a product is faulty, damaged or not what you ordered, we will reprint it or refund you. Your rights under applicable state and federal law are unaffected.

In practice that means: we will repair or replace the product free of charge. If we cannot, or if doing so does not put things right, you may cancel and we will refund you in full. We will not charge you for return postage on a faulty product.

We are not responsible for damage caused by misuse or by normal wear and tear.

Nothing in these terms affects those rights.

We keep your order files for six months from the date of your order. We can only reprint while we still have them, so after six months — or if you delete your images from your account, or close your account — we will refund you rather than reprint. Please keep your own copies of your images until you are happy with what you have received.

Contact Customer Care with your order number and, where you can, a photograph showing the problem. A photograph usually lets us resolve things without you having to send anything back.

If we do need the product returned, we will tell you how and we will pay the cost of return. We will not ask you to bear the cost or the risk of returning a faulty product.

We will refund you using the same method you used to pay. If you paid by card, we will credit your account within one billing cycle. If you paid any other way, we will refund you within seven working days. Where we have asked you to send the product back, those periods start when we receive it or when you show us you have sent it, whichever is earlier. We will not refund you in credit unless you ask us to.

Where clause 5 tells you that you have a right to change your mind about a product, you may return it within the period stated there. You can handle it as you would have done in a shop; only if you go further than that and its value drops may we reduce the refund. Please include your order number or a copy of your invoice. You will need to pay the cost of returning the item to us. That does not apply where the item is faulty or not as described, which is dealt with in clause 10. We will refund the price you paid together with standard delivery, though we may reduce the refund to reflect any loss in value caused by handling beyond what is necessary to check the product.

You keep ownership of everything you upload. Nothing in these terms transfers ownership of your images or text to us.

By uploading content you give us a non-exclusive, royalty-free license to use, reproduce, adapt, store and communicate it solely for the purpose of producing your order, providing customer support, and complying with our legal obligations.

How we handle your personal information is set out in our Privacy Policy.

We would love to show off what our customers make, but we will not use your images to promote us unless you agree. If you tell us we may — by replying to a request from us, or by ticking the box where we offer one, which we never pre-tick — you give us a license to use that content in our marketing, including on our website, our social media accounts, and in advertising and promotional material. Tagging us, mentioning us or using one of our hashtags is not by itself permission to use your content in our advertising; we will always ask you first.

You can change your mind at any time. Tell Customer Care and we will remove your content from our own digital channels within 30 days, and from printed material within our control within 60 days. This does not affect our use of your files to produce and support orders you have already placed.

You must have the right to use what you upload. Before you upload an image, please make sure you own the copyright in it or have permission from whoever does. If you agree to us using your content in our marketing, you confirm that you have the consent of anyone who appears in it or can be identified from it, and of a parent or guardian where that person is a child.

You must not upload content that:

• infringes anyone’s copyright, trademark, privacy or other rights;
• is unlawful, defamatory, obscene, harassing or threatening;
• promotes discrimination or incites hatred or violence against any person or group;
• impersonates anyone or misrepresents who you are; or
• contains another person’s personal details without their agreement.

We may refuse or cancel any order containing content that breaches these rules, and we will refund you if we do.

If you believe content used on a product infringes your rights, contact us through our contact page with details of the content, what right you say has been infringed, and how we can reach you. We will investigate and, where appropriate, remove the content and cancel any affected order.

If you create an account, please keep your password confidential and keep the email address on the account up to date. Tell us as soon as you can if you think someone else has accessed your account.

We try to keep our website available and accurate, but we do not promise that it will always be available or free from errors, and product images are illustrative.

This clause applies to the website only. It does not apply to the products we sell you. If there is a problem with a product, clause 10 explains what we will do.

We may link to other websites for your convenience. We do not control them and are not responsible for their content.

If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or failing to use reasonable care and skill. We are not responsible for loss or damage that is not foreseeable.

Except for the liabilities set out in the next paragraph, our total liability to you in connection with an order is limited to the price you paid for that order.

We do not exclude or limit our liability in any way where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, for deliberate or reckless acts, for fraud, and for any statutory rights relating to the products we supply. None of those is capped.

We are not liable for business losses. If you use the products for any commercial or business purpose we will have no liability to you for loss of profit, loss of business, business interruption or loss of business opportunity.

EXCEPT FOR THE LIMITED WARRANTY IN CLAUSE 10, AND TO THE EXTENT PERMITTED BY LAW, WE MAKE NO OTHER EXPRESS WARRANTIES. NOTHING IN THESE TERMS DISCLAIMS, MODIFIES OR LIMITS THE DURATION OF ANY IMPLIED WARRANTY.

TO THE EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR ANY PRODUCT WE SUPPLY.

Some states do not allow the exclusion or limitation of implied warranties, or of incidental or consequential damages, so the two paragraphs above may not apply to you in whole or in part.

Please keep your own copies of everything you upload. Our design tool and your account are not a backup or archive service and should not be the only place your images exist. We keep the files for your order for six months so that we can reprint it if we need to, but we do not keep any other back-up copies of customer files. Except where it is caused by our failure to use reasonable care and skill, we are not responsible for the loss, deletion or corruption of your images or other content. Please check before you order that you still have your own copy of the images in it. This does not affect the liabilities above that we cannot exclude.

If something has gone wrong, please tell Customer Care first — most problems are resolved quickly that way. We will acknowledge your complaint within 14 days and aim to resolve it within 28 days.

If we cannot resolve your complaint between us, clause 20 explains how any dispute between us is resolved.

We may change these terms from time to time, for example to reflect changes in the law or in how we operate. The terms that apply to your order are the ones published when you placed it, and we will keep dated copies of previous versions available on request.

A change never applies to an order you have already placed. If we need to change something that affects your account or your use of our website, we will tell you first, and you may close your account if you would rather not accept it.

You may not transfer your rights or obligations under these terms to anyone else without our written agreement. We may transfer ours, and will tell you if we do; this will not affect your rights.

If a court finds part of these terms unlawful, the rest will continue in force. If we delay in enforcing these terms, that does not prevent us enforcing them later.

These terms are governed by the laws of the State of Florida, without regard to its conflict of law provisions. You and we agree that the state and federal courts located in Florida have jurisdiction. Nothing in this clause limits any rights you have under the law of the state in which you live.

PLEASE READ THIS CLAUSE CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.

If you are a Printerpix customer in the United States, you and we agree that any dispute, claim or controversy arising out of or relating in any way to a Printerpix product or service, these terms, or your relationship with us, shall be resolved by binding individual arbitration or in small claims court, rather than in a court of general jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this clause.

Arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules then in effect, before one arbitrator, seated in Florida. The arbitrator’s decision is final and binding, and judgment on the award may be entered in any court with jurisdiction.

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims unless we both agree otherwise.

Nothing in this clause stops you from seeking public injunctive relief, and neither of us gives up the right to seek it. If such a claim is brought, it will be heard in court; any other claims between us will still be arbitrated, and the court claim will wait until that arbitration has finished.

Before starting an arbitration, whichever of us is bringing the claim must first send the other a written notice describing the dispute and the relief being sought. You can send yours through our contact page or by post to the address in clause 1; we will send ours to the email or postal address on your account. If the claim is not resolved within 60 days of that notice, either of us may begin arbitration or file in small claims court.

Either of us may bring an individual claim in small claims court instead of arbitration, if the claim qualifies. Nothing in this clause prevents you from bringing a matter to the attention of a federal, state or local agency.

The AAA Consumer Arbitration Rules decide who pays what, and we will pay every fee those rules place on us. We will not ask you to pay any filing fee, administrative fee or arbitrator fee beyond what those rules require of you.

If any part of this clause is found unenforceable, the rest continues to apply. If the class action waiver in 20.2 is found unenforceable, this whole clause is void and disputes will be decided in the courts named in clause 19.