Terms & Conditions
Please read the entirety of the terms and conditions mindfully, do not assume anything. By utilizing IrvineBanner.com via internet (this website and/or e-mail), telephone (speaking to someone or via messages), or in person, or otherwise, you are agreeing to be bound by the following. IrvineBanner.com reserves the right to make add, delete, or otherwise modify the terms & conditions at any time and in its sole discretion. If you are not willing to abide by any of the statements in the terms and conditions please do not use any aspect of the information or services provided by IrvineBanner.com.
CLAIMS & LIENS:
The Customer must make a claim in writing no later than 48 hours after delivery of order. If such a claim is not made within those 48 hours, IrvineBanner.com will understand that the product has been accepted. By accepting the product, the Customer acknowledges that the provider's performance has completely satisfied all terms, conditions, and specifications. The provider's liability will be limited to the quoted selling price of defective goods, without additional liability for special or consequential damages. As security for payment of any sum due under the terms of an agreement, IrvineBanner.com has the right to hold and place a lien on all customer property in the possession of IrvineBanner.com. This right applies even if credit has been extended, notes have been accepted, trade acceptances have been made, or payment has been guaranteed. If payment is not made, the customer is liable for all collection costs incurred.
By using any service of IrvineBanner.com, the Customer agrees and acknowledges that the Customer is the legal owner and/or licensee of ALL submitted artwork to IrvineBanner.com. The customer also relinquishes IrvineBanner.com of any legal liability related to copyright violation and/or infringement. The customer assumes sole responsibility and liability of ALL forms of submitted artwork to IrvineBanner.com. The Customer will retain ownership of the content uploaded or sent to IrvineBanner.com.
The Customer warrants that the subject matter to be printed is not copyrighted by a third party. The Customer also agrees not to infringe on trademarks, patents, trade secrets, the right of privacy, the right of publicity or other legal right of any third party and will comply with all applicable laws, rules, and regulations. The customer recognizes that because subject matter does not have to bear a copyright notice in order to be protected by copyright law, absence of such notice does not necessarily 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 IrvineBanner.com harmless for all liability, damages, and attorney fees that may be incurred in any legal action connected with copyright infringement involving the work produced or provided.
When you submit questions, comments, suggestions, ideas, or other material via e-mail or other communications, you grant IrvineBanner.com permission to use such submissions for marketing and other promotional purposes. You agree that IrvineBanner.com will have no obligation to keep any submissions confidential. You will not bring a claim against IrvineBanner.com based on "moral rights" or the likes arising from IrvineBanner.com's use of a submission. This section does not apply to your content that will appear as part of your product that you use in connection with any IrvineBanner.com service.
IrvineBanner.com will only maintain extended coverage on property belonging to the customer while the property is in the possession of IrvineBanner.com. IrvineBanner.com's liability for this property will not exceed the amount recoverable from the insurance.
GOVERNING LAW; JURISDICTION AND VENUE:
The rights and obligations of the parties shall be governed by, and entering into a business transaction with IrvineBanner.com shall be construed and enforced in accordance with, the laws of the State of California, excluding its conflict of laws rules to the extent such rules would apply the law of another jurisdiction. The parties hereto consent to the jurisdiction of all federal and state courts in California, and agree that venue shall lie exclusively in California. Any action or proceeding arising out of or related to this Agreement shall be brought and enforced only in the state and federal courts located in California, and the parties consent to the personal jurisdiction of such courts and waive any argument that venue in any such forum is not convenient.
The Customer agrees to protect IrvineBanner.com from economic loss and any other harmful consequences that could arise in connection with the work. This means that the Customer will hold IrvineBanner.com harmless and safe, indemnify, and otherwise defend him/her against claims, demands, actions, and proceedings on any and all grounds. This will apply regardless of responsibility for negligence.
Disclaimer of Express Warranties: IrvineBanner.com warrants that the work is as described in the purchase order. The Customer understands that the work shown in a proof when approved is what will be printed and acknowledges the difference in appearance on-screen when color is represented. IrvineBanner.com will not be held liable under any circumstance for problems resulting from files provided by the Customer (this includes color shifting and issues arising from improper file preparations).
If the Customer finds a production error or manufacturing defect in the item(s) he/she received from IrvineBanner.com, IrvineBanner.com will replace the item(s) at no charge. Original shipping charges are not refundable. ALL CLAIMS MUST BE INITIATED WITHIN 48 HOURS AFTER DELIVERY OF PRODUCT.
LIMITATION OF LIABILITY:
In no event will IrvineBanner.com or its suppliers be liable for any indirect, special, consequential, or incidental damages, including, without limitation lost profits or revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use this website or any IrvineBanner.com product, damages resulting from the use or reliance on the information provided in this website, even if IrvineBanner.com or its suppliers have been advised on the possibility of such damages.
LINKS TO OTHER SITES/THIRD PARTY SERVICES:
There are links to sites which are not owned by IrvineBanner.com on this website. You acknowledge and agree that IrvineBanner.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You agree that IrvineBanner.com will not be liable to you in any way for your use of such services.
Production schedules will be established and followed by both the Customer and IrvineBanner.com. In the event that the Customer does not adhere to the production schedules, delivery dates will be subject to renegotiation. There will be no liability or penalty for delays due to state of war, riot, civil disorder, fire, strikes, accidents, action of government or civil authority, acts of God, or other causes beyond the control of IrvineBanner.com. In such cases schedules will be extended by an amount of time equal to the delay incurred.
Returns must be approved by IrvineBanner.com. If a product is found to be defective by IrvineBanner.com a new one will be created and shipped. Refunds will proceed as described in "REFUNDS."
Please keep in mind:
- No returns due to late order or shipping company delays.
- No returns because of a typo made in a provided file or approved proof.
- No returns due to colors not matching what you had in mind; we offer the availability of printed proofs for a nominal fee to help avoid this.
- Returns accepted if IrvineBanner.com has made a mistake after approval from the Customer.
If you receive merchandise that is defective or damaged upon receipt, please notify us as soon as possible. Please provide photographs of the damaged or defective product. If it is determined that we are at fault, we will have UPS pick up your entire project, reprint the job, and ship it back. You will only be charged for the initial order and no additional shipping charges. If you can only send back a partial order, we will only reprint the portion returned and we will not make any changes to the print file - we will only use the original file uploaded or approved by you. Credits or refunds will be for the amount of the product purchased. Shipping costs are non refundable.
If client would like to cancel a placed order, they must notify our CSR immediately before your order is processed through the system.
No order can be cancelled once the status has been changed to "Printing".
You may cancel for a Full Refund before the artwork is uploaded.
No refund will be issued to the services we have provided you such as Design Service, etc.
We do not issue refunds once an order has been Printed or any process thereafter.