Terms of Sale
Memory Book Terms of Sale
Effective Date: September 18, 2017
PLEASE READ THESE TERMS OF SALE CAREFULLY, AS THEY MAY HAVE CHANGED SINCE YOUR LAST VISIT. THESE TERMS OF SALE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY ORDERING ANY PRODUCT OR SERVICE THROUGH A SALES CHANNEL, YOU AGREE AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF SALE. IF YOU DO NOT AGREE WITH THESE TERMS OF SALE, DO NOT COMPLETE THIS TRANSACTION. PLEASE PRINT OR SAVE A COPY OF THESE TERMS OF SALE WITH YOUR ORDER FOR FUTURE REFERENCE.
Scope and Application
When a customer enters a brick-and-mortar store, the customer is bound by the store rules in effect on the date of his or her visit. Similarly, you are bound by the version of these Terms of Sale in effect on the date of each order you place through a Sales Channel. These Terms of Sale may change from time to time, so please review them upon submission of each order, even if you have reviewed them before.
Changes to these Terms
We may update these Terms of Sale from time to time. Changes to these Terms of Sale will become effective when posted and will apply to the offering by us of products and services, and your purchase of such products and services, through this Property as of the effective date. We will make an updated version of these Terms of Sale accessible through the Property with a revised effective date, to let you know that we updated them.
If you are using this Property to purchase goods on behalf of a business, by accepting these Terms of Sale you confirm that you have authority to bind such business to a contract with us for the purchase of goods and services. You may not purchase products or submit orders through this Property if you are a foreign national of a country subject to a U.S. trade embargo or sanctions program covering the products offered through this Property or are on any restricted parties lists maintained by a US or foreign government including without limitation the Denied Parties List, Specially Designated Nationals List, Unverified List or Entity List. If you order or purchase products through this Property, you represent and warrant that you are 13 or older, that you are of legal age to form a binding contract with us, and that you meet the eligibility requirements above. If you cannot provide this representation and warranty, do not purchase products through this Property.
To place an order on a Property, you will generally need to select the products you would like to purchase, add them to your shopping cart and/or click to enter the checkout process, provide us with delivery and billing information, provide any necessary acknowledgments and conduct any final review of your order, and submit your order. Prior to our Acceptance of your order (as defined below), an automatic e-mail acknowledgement of your order may be generated. Please note that any such automatic acknowledgement does not mean your order has been accepted by us. If you order a customized product, you agree and acknowledge that your payment method may be charged before goods are delivered. CHANGES AND CANCELLATIONS TO CUSTOMIZED PRODUCTS MAY NOT BE PERMITTED AFTER YOU HAVE SUBMITTED YOUR ORDER.
We regularly update and revise our products and product lines. The prices, quotations and descriptions made on this Property are subject to availability, may include precious and semi-precious metals and stones for which inventory levels and raw material prices may fluctuate, and are subject to availability. We may revise and discontinue products at any time or mark products as backordered or out of stock without notice to you, which may affect information in a saved online cart session. We cannot guarantee that all items are in stock or immediately available when you submit your order. We may reject your order (without liability) if we are unable to process or fulfill it. If this is the case, we will refund any prior payment that you have made for that item.
Order Acceptance, Title Transfer and Risk of Loss
No contract will exist between you and us for the sale or supply of any products or services unless and until we accept your order by delivering your physically-fulfilled product to the shipping carrier, or providing you with a download link to or online access to the purchased product or service subscription (“Acceptance”). We may cancel your order at any time and for any lawful reason prior to Acceptance. All physical product purchases by you from us are made pursuant to a shipment contract, which means that the risk of loss and title to physically-fulfilled products passes to you upon delivery of product to the shipping carrier. IF NO SIGNATURE IS REQUIRED FOR DELIVERY, YOU ACCEPT ALL RISK OF THEFT OR LOSS OF THE DELIVERED PRODUCT FOLLOWING DELIVERY TO THE DELIVERY LOCATION.
Prices; Shipping, Handling and Delivery
We reserve the right, at any time, to change the prices and billing methods for products we offer for sale. In the event the price of a product is incorrect (regardless of whether it is an error in a price posted on the Property or otherwise communicated to you), then we reserve the right, at our sole discretion, to cancel your order and refund to you the amount that you paid (regardless of how the error occurred), and/or to contact you to let you know the correct price and ask you whether you still wish for us to fulfill your order at the correct price.
Prices do not include taxes and fees; shipping, handling and/or delivery fees and charges; or any import duties that may be added by the order destination country as described below. Applicable taxes and other fees and charges will be added to your order during the checkout process. You are responsible for any shipping, handling and/or delivery charges, and state, local or other sales or use taxes, which may apply to your order. Shipping and delivery dates are estimates only.
When you order products for overseas delivery, shipments may be subject to customs and import duties, taxes and fees, which are levied when the package with the products arrives at your destination. Any such duties, taxes or fees shall be payable by you upon delivery, as we have no control over such charges and cannot foresee the amount charged (if any). You agree that you are the importer of record for goods and services you order and you shall comply with all laws and regulations of the destination country.
Unless you provide us with a valid and correct tax exemption certificate applicable to your purchase of products and the product ship-to location, you are responsible for sales and other taxes associated with your order. We will collect applicable taxes on sales of products and services by us where legally required to do so. For more information on our collection of taxes, please visit http://www.jostens.com/apps/shop/help/shared/tax.asp.
Credit/Debit Card. If you are paying by credit or debit card, you will be required to give us a valid card number (VISA, MasterCard, American Express or any other issuer then accepted by us) and associated payment information at the time you order products through this Property. By providing us with your card number and associated payment information, you agree that we are authorized to immediately charge your payment account for all fees and charges due and payable to us as a result of your product(s) purchase, or to charge your payment in installments for purchases made via an installment payment plan. If you have placed a deposit on your purchase, we may charge you for the deposit amount immediately. You agree to immediately notify us of any change in the card used for payment hereunder or in any associated information, and to provide us with alternative payment account information if required. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. You agree that no additional notice or consent is required before we charge your card for all amounts due and payable.
Invoices. Where your payment is invoiced (either in one lump sum, or in installments for purchases made pursuant to a payment plan), each invoice shall be due and payable in full by the due date specified on the invoice, and if no date is specified on the invoice, within thirty (30) days of the date of invoice. If you fail to pay invoiced amount when due, we may (a) by notice declare all invoiced amounts unpaid at that date to be immediately due and payable, and (b) take all actions determined necessary and appropriate by us to collect such unpaid amount.
Third Party Billing Provider. If you elect to use the services of a third party payment or billing provider in connection with your purchase from us, your use of such services will be subject to the third party provider’s own terms and conditions. You may be required to create an account with such third party provider and/or provide that third party provider with your bank account or credit/debit card details. We are not responsible for, and you agree to hold us harmless from and against any liability resulting from, the acts or omissions of any third party payment or billing provider.
Delivery; Returns, Changes and Cancellations
The returns, changes, and/or cancellations policy applicable to your purchased product(s) is located at https://www.printlynx.com/return_policy.html (for each such product, the “Applicable Policy”), and you agree to the terms of the Applicable Policies.
Except as otherwise set out in the Applicable Policy or Policies for your purchased product(s) and subject to any rights you have under applicable law that cannot be excluded or limited by these Terms:
Rejection of Products. We shall not be liable and you shall not be entitled to reject delivered products, except for (a) product defects existing at the time of delivery for which you notify us of such defect within 30 days of your receipt of the products and provide us with reasonable documentation confirming such pre-existing defect, and (b) products which contain typographical errors or otherwise do not match the information regarding such product in your order confirmation email.
Delivery Refusal. If you refuse or fail to take delivery of products, any risk of loss or damage to products shall nonetheless remain with you, and without prejudice to any other rights or remedies we have, (a) we shall remain entitled to payment in full for the products or services delivered or rendered; (b) we may effect delivery by whatever means we consider appropriate or store products at your risk, and you shall be liable for, and shall pay on our demand, all product storage costs and other costs associated with such refusal or failure; and (c) if delivery is not effectuated within 30 days of the original delivery date, we shall be entitled to dispose of products in such manner as we determine and may set off any proceeds of sale against any sums due from you.
Warranties and Disclaimers
EXCEPT WITH RESPECT TO THE EXPRESS PRODUCT WARRANTIES DESCRIBED IN THE PRODUCT PACKAGING, THIS PROPERTY AND ALL PRODUCTS AND SERVICES ADVERTISED, PROMOTED, DESCRIBED, OR OFFERED FOR SALE HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NEITHER WE NOR ANY PERSON ASSOCIATED WITH IT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY NOR AVAILABILITY OF THIS PROPERTY OR ANY PRODUCTS AND SERVICES ADVERTISED, PROMOTED, DESCRIBED OR OFFERED FOR SALE HEREIN. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THIS PROPERTY OR ANY PRODUCTS AND SERVICES ADVERTISED, PROMOTED, DESCRIBED OR OFFERED FOR SALE HEREIN WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WE DO NOT GUARANTEE CUSTOMIZED PRODUCTS AGAINST DEFECTS CAUSED BY ILLEGIBLE PRINTING, MISSPELLING OR INCORRECT INFORMATION PROVIDED IN CONNECTION WITH YOUR CUSTOMIZATION REQUESTS. YOU ARE RESPONSIBLE FOR YOUR COMPLIANCE WITH ALL APPLICABLE LOCAL AND NATIONAL LAWS AND REGULATIONS WITH RESPECT TO YOUR PURCHASE AND FULFILLMENT OF PRODUCTS AND SERVICES THROUGH THIS PROPERTY. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THIS PROVISION IS VOID, INAPPLICABLE, AND UNENFORCEABLE WITHIN THE STATE OF NEW JERSEY.
Limitation of Liability
WE HAVE PRICED PRODUCTS AND SERVICES AVAILABLE FOR PURCHASE FROM US ON THE UNDERSTANDING, AND YOU HEREBY ACKNOWLEDGE THE UNDERSTANDING, THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE: (a) OUR AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY) SHALL IN NO CIRCUMSTANCES EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICABLE PRODUCTS AND/OR SERVICES WHICH GIVE RISE TO SUCH LIABILITY; AND (b) NEITHER WE NOR OUR SUPPLIERS OR LICENSORS SHALL BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY DESCRIPTION (INCLUDING WITHOUT LIMITATION LOSS OR INTERRUPTION OF BUSINESS) IN CONNECTION WITH YOUR USE OF THIS SITE OR YOUR PURCHASE OR USE OF ANY PRODUCT OR SERVICE, HOWEVER CAUSED AND WHETHER BASED ON CONTRACT, NEGLIGENCE, TORT, WARRANTY, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE WERE AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, AND IRRESPECTIVE OF THE NUMBER OR NATURE OF CLAIMS. NOTWITHSTANDING THE FOREGOING, NOTHING CONTAINED IN THESE TERMS OF SALE LIMIT OUR LIABILITY TO YOU FOR ANY LIABILITY TO THE EXTENT SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF APPLICABLE LAW. THIS PROVISION IS VOID, INAPPLICABLE, AND UNENFORCEABLE WITHIN THE STATE OF NEW JERSEY.
Agreement to Arbitrate
You agree that any claim or dispute with or against us, whether related to this Agreement or otherwise, and any claim or dispute related to these Terms of Sale, this Property or any content, information or materials accessible on it, including the determination of the scope or applicability of this Agreement to Arbitrate, shall be determined by arbitration in the Minneapolis, Minnesota metropolitan area before a single arbitrator. The arbitration will be conducted in English. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules, or pursuant to JAMS’ Streamlined Arbitration Rules and Procedures, as modified by this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, either you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us (subject to the arbitrator’s discretion to require an in-person hearing based on the circumstances or JAMS rules). Attendance at an in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This Agreement to Arbitrate shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction, and shall not apply to (i) a claim relating to the enforcement or validity of intellectual property rights; (ii) a claim relating to an allegation of theft, piracy, or unauthorized use; or (iii) a claim for injunctive relief.
You and we both agree that (a) each of us can only bring claims against the other on an individual basis and there shall be no authority for any claims to be arbitrated on a class or representative basis; (b) arbitration can decide only your and/or our individual claims, and the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s); and (c) the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a consolidated, representative, or class proceeding.
You agree further that: (a) the arbitrator shall apply Minnesota law consistent with the Federal Arbitration Act and applicable statutes of limitations, including principles of equity, and shall honor claims of privilege recognized at law; (b) the arbitrator shall not be bound by rulings in prior arbitrations involving us, but is bound by rulings in prior arbitrations involving both you and us to the extent required by applicable law; (c) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (d) Any arbitrator award may be entered as a judgment in any court of competent jurisdiction.
This section is void, inapplicable, and unenforceable within the State of New Jersey.
Governing Law and Jurisdiction
All matters relating to use of this Property or Interactive Service and any content, information or materials accessible on it, and any disputes or claims arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Minnesota, United States of America, without regard to or application of any choice-of-law or conflict-of-laws principles, provisions, or rules thereof. In the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, you agree that any legal suit, action or proceeding arising out of, or related to, these Terms of Sale or this Property or Interactive Service shall be instituted exclusively in the federal or state courts of Hennepin County, State of Minnesota, United States of America. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SALE OR THIS PROPERTY OR INTERACTIVE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES OR ARISES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. This provision is void, inapplicable, and unenforceable within the State of New Jersey.
- Waiver; Severability. No waiver of any provision or breach of these Terms of Sale (a) shall be effective unless made in writing, or (b) shall operate as or be construed to be a continuing waiver of such provision or breach. In the event any portion of these Terms of Sale is held to be invalid or unenforceable, such portion shall be construed as nearly as possible to reflect the original intent of the parties, or if such construction cannot be made, such provision or portion thereof shall be severable from these Terms of Sale, provided that the same shall not affect in any respect whatsoever the remainder of these Terms of Sale, except that if any portion of the second paragraph of the Agreement to Arbitrate section is found to be invalid, unenforceable or illegal, then the entirety of this Agreement to Arbitrate shall be null and void, and neither you nor we shall be entitled to arbitrate their dispute.
- Notices. Either you or we can give the other notice of something in connection with these Terms of Sale by personal delivery, US Mail with delivery confirmation, or e-mail (a) with respect to notices and communications to you, to any address and contact information you provided in connection with your purchase of products or services through this Property; and (b) with respect to notices and communications to us, to the address listed at the beginning of these Terms or as otherwise specified in your order confirmation email or notification of Acceptance. These will also be the addresses for service of legal proceedings in the manner prescribed by law. Except as set out above in relation to cancellation of consumer orders, such notices or communications (where properly addressed) shall be considered received (i) the date on which personally delivered, (ii) if by US Mail, upon delivery (as evidenced by the delivery receipt), or (iii) if by email, on the earlier of the date on which the email is acknowledged by the recipient as received, or the receipt by the sender of an automated message indicating successful delivery or the email having been opened.
- Other Terms. We may engage the services of subcontractors or agents to assist us in the performance of its obligations related to these Terms of Sale. You may not assign or transfer your rights under these Terms of Sale, and any purported assignment or transfer shall be void. Neither you nor we shall be in breach of these Terms of Sale in the event that party is unable to perform its obligations as a result of any reason or condition beyond its reasonable control.
- Questions or Comments. If you have any questions or comments related to these Terms of Sale or this Property, please contact us by emailing email@example.com.