Terms & Conditions
Welcome to myDprint.com. This web site
is provided by DOUGLASS SCREEN PRINTERS INC. dba DPRINT (referred to
throughout this web site as “DPRINT”) as a design and shopping service
to prospective and existing customers. Your use of myDprint.com (the
“Site”) constitutes your unconditional agreement to follow and be bound
by these Terms and Conditions. DPRINT reserves the right to update or
modify these Terms and Conditions at any time without prior notice to
you.
WITH RESPECT TO THE SITE:
Copyright Notice
You acknowledge that all content on this Site, including, without
limitation, the information, data, software, photographs, graphs,
typefaces, graphics, images, illustrations, maps, designs, icons,
written and other material and compilations (collectively, “Content”) is
the intellectual property and copyrighted works of DPRINT and/or
various third-party providers (“Providers”). Reproduction or storage of
Content retrieved from this Site, in all forms, including media and
technologies now existing or hereafter developed, is subject to the U.S.
Copyright Act of 1976, Title 17 of the United States Code.
Trademarks and Copyrights
“DPRINT”, “myDPRINT.com”, and any and all other marks appearing on this
Site (“Marks”) are trademarks of DPRINT. You may not use, copy,
reproduce or modify the Marks in any way without DPRINT’s prior written
consent.
DPRINT owns and holds the copyright on all text relating to DPRINT’s products and services and the full content of the Site.
Restrictions on Use
You represent that you are of sufficient legal age to create binding
legal obligations for any liability you may incur as a result of your
use of this Site. Providing false or misleading information regarding
your identity or an order in connection with this Site violates federal
and state law. Fraudulent users may be prosecuted to the fullest extent
of the law.
You may not electronically copy and print any portion of this Site other than your personal order form.
You may not create a link to any page of this Site without DPRINT’s express, written consent.
Privacy
DPRINT is committed to protecting your privacy.
DPRINT
is the sole owner of the information collected on this Site and only
uses your information to communicate with and to you. These are the ways
DPRINT obtains information about you:
Registration. In order
to use this Site, you must first complete the registration form. During
registration you are required to give certain information (such as name
and email address). This information is used to contact you about the
products/services on our site in which you have expressed interest.
Orders.
To buy from DPRINT, you must provide contact information (like name and
shipping address) and financial information (like credit card number,
expiration date). This information is used for billing purposes and to
fill your orders. If there is a problem processing an order, DPRINT uses
this information to contact you.
Cookies. We use “cookies” on
this Site. A cookie is a piece of data stored on a site visitor’s hard
drive to help DPRINT improve your access to our site and identify repeat
visitors to the Site. For instance, when we use a cookie to identify
you, you would not have to log in a password more than once, thereby
saving time while on our site. Cookies can also enable us to track and
target the interests of our users to enhance the experience on our site.
Usage of a cookie is in no way linked to any personally identifiable
information on our site.
DPRINT does not sell or rent your
information to anyone and will not share your information with any third
party outside of our organization, other than as necessary to fulfill
your request (e.g. to ship an order). Unless you tell DPRINT otherwise,
we may contact you via email to tell you about specials, new products or
services, or changes to this privacy policy. You may opt out of any
future contacts from us at any time. If you are not a resident of the
United States, please note that the personal information you submit to
the Site will be transferred to the United States and processed by
DPRINT in order to provide this Site and its services to you.
DPRINT
constantly reviews its systems and data to ensure their protection and
integrity. When you submit sensitive information (such as credit card
data) via the Site, DPRINT takes steps to protect your information
online through secure gateways. You can verify this protection by
looking for a closed lock icon at the bottom of your web browser, or
looking for “https” at the beginning of the address of the web page.
DPRINT
also protects your information offline. Only DPRINT employees who need
the information to perform a specific job (for example, billing or
customer service) are granted access to personally identifiable
information. The systems in which we store personally identifiable
information are kept in a secure environment.
This Privacy Policy
may change from time to time and all updates will be posted on this
page. If you believe we are not abiding by this Privacy Policy, you
should contact us immediately via telephone in the U.S. at
1.800.888.8545 or worldwide at +1 863 687 8545.
You understand, consent and agree to this Privacy Statement and our Privacy Policy when you place an order with DPRINT.
Origin
The products featured on the Site are created and produced in the United States of America.
Links to other sites
This Site contains links to other sites. DPRINT is not responsible for
the content or privacy practices of other sites. When you leave the
DPRINT Site, we encourage you to read the privacy statements of other
sites that collect personally identifiable information. Any concerns
regarding the privacy statements or policies of other sites should be
directed to the particular outside service or resource provider.
DPRINT
is not affiliated with, and does not represent, guarantee or warrant
the accuracy or completeness of the information, services, products or
content found on any third party web site. Use of any third party web
site is strictly at your own risk.
Termination of Usage
User access to all or part of this Site may be terminated or suspended at any time, without notice and for any reason.
WITH RESPECT TO OUR PRODUCTS AND PERFORMANCE
DPRINT
is dedicated to your satisfaction. We want you to be completely
satisfied with our printing, and we take pride in our clients coming
back through professionalism, service and integrity. If your experience
is otherwise, please let us know (CONTACT US) within 30 days from the
date you receive your order. We will gladly reprint part or all of any
non-compliant product order. In order to best manage your expectations,
please take the time to read and understand our Terms and Conditions
regarding our products and performance.
ORDERS, once entered,
cannot be cancelled except upon terms that will compensate DPRINT for
the greater of all costs-of-work prior to termination or $75 (for
non-catalog orders). The minimum charge for canceling a catalog order is
$15. All orders placed online are to be paid at the time of order
entry. Published prices are subject to change without notice.
DESIGNS
and all make-ready work or tooling created or furnished by DPRINT shall
remain our exclusive property and no use of same shall be made, nor any
ideas obtained therefrom be used, except upon DPRINT’s express, prior,
written consent.
PHYSICAL MATERIALS FURNISHED by the customer
shall be properly packed, free from dirt, grit, tears, wrinkles, bad
splices, or anything that deters DPRINT from obtaining maximum printing
quality on the materials provided. Digital media furnished by the
customer must be usable by DPRINT without alteration or repair. Files
not meeting DPRINT’s production requirements will be returned to the
customer for repair unless customer assumes all liability for any
additional costs incurred by DPRINT to bring the material into
conformance (which only DPRINT, in its sole discretion, may determine)
for the prepress and printing purposes. Such charges are billed at the
rates DPRINT sets from time to time. DPRINT does not store customer
property except under a specific and separate written agreement.
PRODUCT
INTEGRITY is directly related to order integrity. Certain
circumstances, however, are beyond our control and are not covered by
our guarantee. Common customer errors include but are not limited to:
- Spelling, punctuation, or grammatical errors made by the customer.
- Inferior quality or low-resolution of uploaded images.
- Design errors or color selection errors introduced by the customer in the artwork file creation process.
- Errors in user-selected options such product type, size, finishing options, or quantity.
- Incorrect file dimensions, image orientation, or file submission in accordance with DPRINT specifications.
- Damage to the products arising after delivery to the customer.
- Duplicate orders by the customer.
- Incorrect file layout for folding, scoring, hole drilling, die cutting or other custom services.
- Incorrect shipping address, undeliverable packages/3rd delivery attempts, or other errors created by the customer.
Until
DPRINT evaluates your digital files, DPRINT makes no claims,
representations, or promises concerning the ability to work with your
digitally formatted jobs, and DPRINT assumes no liability for problems
that may arise. Any translating, editing, trapping, or programming
required to utilize customer-supplied files will be charged and billed
to customer at prevailing rates.
ALTERATIONS. Prices apply to
products as they were originally ordered. Orders may not be altered
without compensation as determined by DPRINT.
DIGITAL PRE-PRESS
PROOFS will be provided to you for review and approval. Production does
not begin until you approve your proof. DPRINT accepts full
responsibility for errors made by DPRINT, and you accept full
responsibility errors made by you. If you decide to alter your
specifications, such alterations are billable by DPRINT at prevailing
rates as may be set from time to time.
PRODUCTION PROOFS must be
requested at the time of order and are charged at DPRINT prevailing
rates as may be set from time to time.
TRIM TOLERANCES of +/-
.0625 on products of less than 100 square inches or +/- .125 on products
greater than 100 square inches shall be deemed acceptable. COLOR
REPRODUCTION is based on the specifications imbedded in the customer’s
digital files OR Pantone spot color(s) specified by customer. DPRINT
assumes the liability for color matching to these two standards. If
printed or other physical samples are provided by customer, some color
variation is expected and as such color variation may not be the basis
for customer’s rejection of the order.
OVERRUNS OR UNDERRUNS for
screen-printed products will not exceed 10% of the amount ordered and
shall constitute full and complete delivery. Overruns will be billed at
the quoted unit price for the quantity ordered, and underruns will be
credited at same. The exact quantity ordered will be produced for all
online orders.
DELIVERY unless otherwise agreed to in writing is
for a single shipment FOB DPRINT’s Lakeland facilities, with all risk
passing to the customer once the shipment leaves DPRINT’s dock in
Lakeland. Unless the order states specifically otherwise, DPRINT will
select an appropriate carrier. All proposals are based on a single
shipment immediately following completion of the order by DPRINT, unless
specifications distinctly state otherwise and are accepted by DPRINT.
FORCE
MAJEURE: DPRINT shall not be liable or responsible to customer for any
delay, non-performance or loss attributable to any act, condition, or
thing beyond DPRINT’s reasonable control including, but not limited to,
acts of God, riot, insurrection, blockades, embargoes, sabotage,
epidemics, fires, hurricanes, floods, accidents, breakdowns of machinery
and equipment, failure of contractors, supplies, sponsors, or other
third parties, strikes, lockouts, or other labor difficulties, or
disputes. In the event that proof schedules are not adhered to by the
customer, delivery dates will be subject to renegotiations.
PAYMENT
IN FULL shall be made at the time of order submittal to DPRINT. DPRINT
may, in its sole discretion, permit payment on account with terms of net
10 days upon execution and subsequent approval of customer’s credit
application. The extension of credit is a privilege, and DPRINT reserves
the right to change terms, withhold shipment until full payment is
received, or ship COD at our discretion. All shipments in whole or in
part are billed immediately upon departure from DPRINT. Customers are
expected to pay within the terms stated on the invoice face in order to
maintain their credit standing with DPRINT.
NON-CONFORMING
SHIPMENTS, SHORTAGES, AND ERRORS must be claimed in writing within 14
days of receipt of shipment. You may reject any shipment or delivery of
final product that fails to meet the original specifications (or as
amended with DPRINT’s written consent) by giving written notice of yo
ur
rejection and a written summary of the details and reasons you are
rejecting the order. Risk of loss with respect to any shipment or part
thereof that does not meet the specifications will be borne by DPRINT if
the customer complies with the provisions in this paragraph and returns
the rejected products under cover of a return goods authorization
(“RGA”) issued by DPRINT by COD freight specified by DPRINT to 2710 New
Tampa Highway, Lakeland, Florida, 33815. RETURN OF CATALOG ITEMS also
requires an RGA and will be subject to return at customer’s expense in
original delivery condition. A re-stocking fee of 10% of the net price
paid will be charged to the customer on all returned catalog items.
CLAIMS
AND WARRANTY. DPRINT warrants the merchandise to be free from
manufacturing defects; however, all claims for defective merchandise
must be made as specified in these Terms and Conditions. Customer bears
risk of loss to return merchandise in its original
delivered-to-the-customer condition to DPRINT, and may only do so upon
DPRINT’ authorization and subsequent issuance of an RGA number.
Merchandise returned without RGA or that otherwise fails to comply with
this paragraph will be refused.
Except as specifically provided in
any other written agreement, THERE ARE NO WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY
REPRESENTATIONS OR WARRANTIES CONCERNING THE CONDITION OR USEABILITY OF
THE PRODUCT, WHETHER USED ALONE OR IN COMBINATION WITH OTHER PRODUCTS OR
EQUIPMENT. DPRINT’s liability in no event will exceed the purchase
price of the defective merchandise. DPRINT may, in its sole discretion,
refund the purchase price of the defective merchandise (plus the cost of
shipping) or replace it with like kind and quantity of defect-free
merchandise. Either shall be the customer’s sole and exclusive remedy.
GENERAL
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO
EVENT SHALL DPRINT—INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, REPRESENTATIVES, 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.
If, notwithstanding the above, a Covered Party is found liable for any
loss or damage relating to the use of this Site, the customer agrees
that the liability of any such party shall in no event exceed the fee or
charge to the customer assessed by DPRINT.
EXCLUSIONS AND
LIMITATIONS. DPRINT SHALL NOT BE LIABLE FOR ANY INCIDENTAL,
CONSEQUENTIAL OR OTHER DAMAGES. Except as specifically provided in any
other written agreement between the parties, DPRINT makes no
representation or warranty, either express or implied, with respect to
the products, the use or suitability thereof for any intended purpose,
the freedom thereof from patent or trademark infringement or absence of
latent defects with respect thereto, or with respect to any other
matters other than as set forth herein. In the event that the customer
supplies the design to be used in the manufacture of the product(s),
customer shall indemnify and hold harmless DPRINT from any claims
arising out of any patent, trademark, or copyright infringement or any
errors with such design.
COPYRIGHTS. Customer warrants that the
subject matter to be printed is not copyrighted by a third party,
recognizing that because the subject matter does not have to bear a
copyright notice in order to be protected by copyright law, the absence
of such notice does not assure a right to reproduce. The customer
further warrants that no copyright notice has been removed from any
material used in preparing the subject matter for reproduction. To
support these warranties, the customer agrees to indemnify and hold
DPRINT harmless for all liability, damages, and attorney fees that may
be incurred in any legal action connected with copyright infringement
involving products provided to customer.
PERSONAL AND ECONOMIC
RIGHTS. The customer also warrants that the work does not contain
anything that is libelous or scandalous, or anything that threatens
anyone’s right to privacy or other personal or economic rights. The
customer will, at the customer’s sole expense, indemnify and hold DPRINT
harmless for all liability, damages, and attorney fees that may be
incurred in any legal action connected with any action regarding the
warranties made by customer in this section. DPRINT reserves right not
to print any matter it deems illegal, libelous, scandalous, improper or a
potential infringement of copyright law.
INDEMNIFICATION. You
agree to defend, indemnify and hold harmless DPRINT, including its
respective officers, directors, employees, representatives, or
affiliates from and against any and all claims, damages, costs and
expenses, including attorneys’ fees, arising from or related to your use
of the Site.
REPRESENTATIONS. DPRINT does not represent that any
of its products, including specifically any safety decals required by
law, are sufficient to meet the requirements under any state or federal
law. Purchase and use of products that are regulated or legislated in
any way at any jurisdictional level are solely at customer’s discretion
and risk.
TAXES. Any and all amounts due for sales taxes under
Florida law will be added to the customer’s invoice. No tax exemption or
credit will be granted unless the customer’s physical Florida Resale
Exemption Certificate is submitted to DPRINT.
ENTIRE AGREEMENT.
These Terms and Conditions, together with the Privacy Policy and those
terms and conditions incorporated herein or referred to herein,
constitute the entire agreement (collectively, the “Agreement”) between
you and DPRINT relating to the subject matter hereof, and supersede any
prior understandings or agreements (whether oral or written) regarding
the subject matter, and may not be amended or modified except in writing
or by making such amendments or modifications available on this Site.
If any provision of this Agreement is found to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the
remaining provisions will not in any way be affected or impaired.
GOVERNING
LAW; VENUE. By accessing this website, you agree that all matters
relating to your access to and use of this website and/or its products
shall be governed by the statutes and laws of the State of Florida,
without regard to the conflict of laws principles thereof. The parties
specifically disclaim the U.N. Convention on Contracts for the
International Sale of Goods or Services. By purchasing our services and
products, you irrevocably and unconditionally submit to the exclusive
jurisdiction of the courts of Polk County, Bartow, Florida. Customer
will be responsible for interest on past-due accounts in accordance with
Florida law, as well as all attorney’s fees and costs incurred in the
collection of past-due accounts, including those at the appellate level.
DPRINT reserves the right to require mediation prior to any litigation
and stipulates Bartow, Florida (Polk County, Florida) as the exclusive
venue for mediation.
