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TERMS AND CONDITIONS
NOTICE: PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY ACCESSING
THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS
BELOW: CHANGE OF TERMS Ducharme Designworks reserves the right to change the Terms and Conditions at any time and these changes or additions become effective immediately when they become available on Ducharme Designworks. Ducharme Designworks does not assume the obligation to notify you of any changes to the Terms and Conditions. You are responsible for reviewing the Terms and Conditions for any changes and continued use of this site constitutes your consent to these changes. INDEMNITY
Customer agrees that it will protect, indemnify, save and hold Ducharme Designworks harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney's fees assessed against Ducharme Designworks its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by it's customers, agents, employees or assigns. Customer agrees to defend, indemnify and hold Ducharme Designworks harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or distributed in association with Ducharme Designworks' Services; (2) any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright violation and any defective products sold to a customer from Ducharme Designworks' Services.
DISCLAIMER Ducharme Designworks will not be responsible for any damages your business may suffer. Ducharme Designworks makes no warranties of any kind, expressed or implied for services we provide. Ducharme Designworks disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Ducharme Designworks and its employees. Ducharme Designworks reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation. In accepting services, customers indemnify Ducharme Designworks for the violation of any law or Ducharme Designworks policy, that results in loss to Ducharme Designworks or the bringing of any claim against Ducharme Designworks This means that if Ducharme Designworks is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Ducharme Designworks, plus costs and reasonable attorneys' fees.
COPYRIGHT
Ducharme Designworks and all of its content are protected by
copyright laws of Canada and international treaty provisions. © 2011
Ducharme Designworks. All rights reserved. This website, its
trademark and associated logos, may not, in part or in whole, be
copied, imitated, reproduced, modified, transmitted, translated,
distributed, adapted or disassembled in any fashion without
expressed written permission of Ducharme Designworks.
PRICING & QUOTATIONS Quotations, either emailed or faxed, will be honored for up to 30 days after the quote date. Published prices at the Ducharme Designworks website are based on clients supplying digital files prepared according to written guidelines at the Ducharme Designworks website. Failure to setup files according to these guidelines may result in additional charges. Changes made by Ducharme Designworks to client supplied files will be subject to extra charges.
TERMS OF SALE All orders require a 50% deposit upon placing an order with balance being COD. For all USA orders, full prepayment is required. In the event that a personal or company cheque is returned for non-sufficient funds, the Client will be required to pay a $25.00 NSF fee to Ducharme Designworks. In the event of non-payments that lead to dispute and/or litigation, the Client agrees to pay all legal and collection fees incurred by Ducharme Designworks. COMPLAINTS All complaints must be made within 5 business days of receipt of the job. Orders with manufacturing errors and/or defects will be rerun on the next print run at no charge to the client, at the discretion of Ducharme Designworks. Ducharme Designworks's sole liability shall be limited to reprinting of the order. Unsatisfactory orders as a result of Client errors will be reprinted at a reduced rate. CUSTOMER CONTENT
You,
as the buyer, understand and agree that all content/information
(including but not limited to text, graphics, information and
messages) are the responsibility of the sender of that
content/information and not Ducharme Designworks. Furthermore, you
are responsible for all information and content that you acquire
and/or use from the Ducharme Designworks service. SUBMISSION OF ARTWORK OR GRAPHICS
All
files must be submitted in CMYK format, except for 1 and 2 color
letterhead and envelopes. Any files not in CMYK may color shift when
processed. A minimum resolution of 275 dpi is required for all
raster art and images. Artwork of a lesser resolution may not print
as sharp and clean as desired. COLOR PROOFING & MATCHING
Ducharme Designworks cannot be held responsible for matching colors
or ink densities on screen proofs approved by customers. Screen
proofs can be used to help display layout, text ORDER PROOFS
It is
the client's responsibility to review the final proof and layout of
all orders prior to actual printing.
Once the final proof has been confirmed by the client, no further
changes can be made to that order. On orders placed with the NO
PROOF option, no changes or cancellations may be made to the order
after the order status is changed to Approved Work In Progress. The
order is then Ready to Schedule for Printing and our automated order
processing system cannot accept any changes. This includes changes
to bindery and shipping. Please review the final proof
carefully prior to completing your order. Ducharme Designworks will
not accept responsibility for typographical errors, errors in
spelling, grammar, punctuation, graphics, fonts or content. Ducharme
Designworks will not be held responsible for client errors in
finished product sizes, wrong cuts, or missing or incorrect folds.
OVER / UNDER We consider any order filled within 5% over or under ordered quantity to be delivered in full. CHANGE ORDERS If a Change is made to an existing order that results in a credit, a Fee will be charged in the amount of 10% of total credit amount, to cover transaction costs related to this credit. A promo code for the full value of the credit can be issued in lieu of a credit, upon request and prior to the credit processing date. ORDER CANCELLATION
Prior
to proof approval, Ducharme Designworks allows customers to cancel
orders. Cancellation requests should be submitted through "My
Account". We will inform you of any charges depending on the stage
of the order.
Age
in Calendar Days Fee
We
will automatically cancel any orders that
remain in the same status for
90. You will not get a credit but upon request may get a promo code
for the entire dollar amount of the order. RETURNS AND REFUNDS
Customer orders have no re-sale value. Therefore, ALL SALES ARE
FINAL. If the error is verifiably due to Ducharme Designworks, we
will re-print the order at our cost. Any defect/s discovered in your
shipment must be reported to Ducharme Designworks within 10 days of
your order's receipt. To qualify for a free replacement order, you
must return your entire product (at your own expense) within 15 days
from the time THE product was delivered. All Charges related to
expedited orders (rush printing or shipping) are NON REFUNDABLE
UNLESS UPS FAILS DELIVERY OR DELIVERS DAMAGED PRODUCT. ANY CREDIT
DUE WILL BE PROCESSED WITHIN 4 to 6 WEEKS. If a change is made to an
existing order that results in a credit, a processing fee equal to
10% of total credit amount will be charged to cover transaction
costs related to this credit. Upon request a promo code for the full
value of the credit can be issued in lieu of a credit, if we are
contacted prior to the credit processing date.
Ducharme Designworks will always strive to avoid any delays in
production or shipping, however, we will not be held responsible for
any consequences or damages due to delayed production or delivery.
Our shipment and delivery dates are based upon estimates provided by
our shipment suppliers. Ducharme Designworks will not be responsible
for delays in shipments due to shipping company delays,
international customs issues, weather conditions or any other
circumstances beyond our control. Ducharme Designworks will strive
to ensure that all delivery schedules are met in a timely manner.
There will be an additional charge if any changes to the shipping
address must be made after the order is placed. SHIPPING ERRORS & LOST PACKAGES
In
order to file a lost or damaged claim the following must apply: In the case that a customer supplies the wrong address causing a package not to be delivered on time, Ducharme Designworks will reship the package (to the corrected address) with an additional shipping fee for the re-shipment. LIMITATIONS & LIABILITY:
YOUR
LIABILITY IS LIMITED TO YOUR SELLING PRICE OF THE ITEM AND SHALL NOT
INCLUDE ANY CONSEQUENTIAL DAMAGES OR DAMAGES FOR PROFIT LOST. WE
HAVE THE RIGHT TO HOLD CUSTOMER PROPERTY (a lien) AS SECURITY FOR
UNPAID BILLS. RETURNED CHECKS Does not apply to orders placed through website. SALES TAX: All Canadian orders are subject to HST. USA and International clients do not pay taxes.
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| Office: Suite 201 - 1089 West Broadway, Vancouver, B.C. V6H 1E5 |