Terms and conditions of sale on Pixartprinting

Purchases of products or services made on Pixartprinting.ie (the "Website") are governed by the following conditions (the "Conditions").

By clicking on the “accept” button, the user (the "User") hereby accepts the Conditions without any limitations or reservations. The Website belongs to Pixartprinting S.p.A. with sole shareholder, subject to the management and coordination of Cimpress plc, with its headquarters at Via 1° Maggio, 8, 30020 - Quarto d’Altino (VE), Italy, VAT number: IT04061550275, Tax Code (Codice Fiscale): 04061550275 (“Pixartprinting”).

 

1. Services offered by the website

1.1 The Website provides web-to-print services (collectively referred to as the “Services”), including customised printing of content (which does not include, as further specified in the following paragraphs, any editorial service or control of possible infringements of third-party rights),in various formats and on various materials (the “Products”) with home delivery solely within the territory of Europe. Unless specified otherwise, these Conditions apply to all Services offered by Pixartprinting, where compatible. The provision of Services may be entrusted by Pixartprinting to third-party subcontractors or subsuppliers.

1.2 To access the Services, Users must register on the Website in the designated My Account area. During the registration process, Users will be asked to specify if they intend to register and therefore make purchases as a company, as a sole trader/freelance professional, as an individual or as an association, specifying the User’s nationality. Only purchases of Services made by Users as individuals will be subject to the consumer law in force in the country of the User’s place of residence or legal domicile.

The credentials created to access the Website can also be used to register for the website www.gifta.com (the "Gifta Website"), also owned by Pixartprinting S.p.A.; alternatively, users can choose to use different credentials for the Gifta Website. Registering on the Gifta Website is entirely optional.

1.3 All final product prices displayed on the Website are given in Euros and can be viewed with or without VAT, depending on the country or registration type. The prices of the Services are subject to periodic changes and variations. Shipping costs are considered to be included in the price for certain Products and offers. For all other Products, shipping costs are to be paid by the User.

 

2. Product selection, order and purchasing method

2.1 The information and details given on the Website should not be considered as offers: they are simply an invitation to Users to do business by sending purchase orders. The proposal to purchase Products is formulated by the User at the moment the order form is sent in electronic format at the end of the procedure provided by the Website and described below.

2.2 After being authenticated, the User will be able to proceed with the selection of Products as described in the appropriate sections, by selecting them individually, customising them, and adding the required quantity to the shopping basket. Some images may be provided for information purposes only and may differ from the appearance of the delivered Product.

2.3 Unless the User opts for images or designs suggested by Pixartprinting for certain Products, once the order has been confirmed and the payment has been completed (with the exception of cash on delivery and bank transfer payment options), the User will be asked to complete the order by uploading the file/artwork they wish to print in the “Upload Area”.

2.4 Should there be technical problems preventing the User from uploading files in the “File Upload Area” on the Site, the User may use third party file-sharing services to share files with Pixartprinting. Pixartprinting shall keep proof of receipt of the file by reporting such receipt in the User’s account screen on the Site. The User represents and warrants to be the owner of all rights relating to the use of the content uploaded through the external file-sharing service. The User further declares and warrants that the uploaded content does not infringe any intellectual property rights of third parties and that it does not cause any damage to the reputation, honour, decorum, moral integrity or any other pecuniary or non-pecuniary damage resulting from the printing of the images or content uploaded by the User.

2.5 The user remains solely responsible for verifying the content, spelling and artwork of the uploaded files.

2.6 After selecting the desired items, an order checkout screen will be displayed showing the costs and total order value for all the Products and/or Services selected.

2.7 Once the order has been sent, the User will receive an order confirmation that describes the type of Products ordered, the price of each Product, the corresponding taxes, the shipping costs and the payment method chosen. The contract is considered concluded and binding when Pixartprinting sends the order confirmation to the User at the email address s/he provided when registering on the Website.Nevertheless, the Parties agree that, notwithstanding the aforementioned end of contract, the transfer of ownership of the Products from Pixartprinting to the User takes place with the delivery of the Products to the courier, pursuant to Article 7 below.

2.8 Pixartprinting reserves the right, at its sole discretion, to refuse any order. The reasons for this may include (without limitation):

- the information provided by the User when filling in the order form being incomplete or incorrect;

- the User not meeting the requirements for the terms of payment;

- the Products ordered not being available.

In the examples listed above, Pixartprinting will inform the User by email that the order proposal was not accepted (in full or in part), specifying the reasons for the non-acceptance, and that the contract was not therefore concluded. In this case, Pixartprinting will reimburse to the User any sums the User has already paid.

2.9 The contract will be archived, with access provided to the User.

 

3. Payments

3.1 Users can purchase Services online and make payments using the payment methods indicated on the Website, by following the instructions provided for their chosen payment method.

The information required for payment will be forwarded using cryptographic protocols to the payment institution entrusted by Pixartprinting with the processing of remote electronic payments, without any third party being able to access the information. Payments must be made in advance, and only once the payment has been made and a "print-ready" file has been uploaded by the User will the selected items will be sent for production.

3.2 For payments via bank transfer, production will begin only after payment is received, and as a result, delivery may be delayed by 2-3 days, in addition to the time needed for printing and shipping the items. For this payment method, the order number must be entered in the payment reference section so the transaction can be identified.

For payments made using cash on delivery, the order will pass directly to the production stage once a "print-ready" file has been uploaded. This payment method therefore has no bearing on delivery times. The invoicing of the purchased goods will take place during the shipment stage. Pixartprinting reserves the right, at any time, having evaluated at its own discretion the circumstances of each case, not to accept this payment method. In this case, the User will be contacted immediately to agree on a new payment method.

3.3 The invoice will be made available to the User in a dedicated section of the My Account area: it is the responsibility of the User to access this area, print the document and store it in accordance with applicable legislation.

 

4. User responsibility for uploaded content

4.1 The selection of content and images to be printed, as well the obtaining of authorisation for their reproduction, where necessary, is the sole responsibility of Users. Pixartprinting will not under any circumstances check content, apart from aspects related to the technical specifications and the artwork’s compatibility with the required specifications.

4.2 Pixartprinting cannot in any way be held liable for the unauthorised use of images by Users or for any breach of third-party rights relating to them.The User is the sole party responsible for all consequences of uploading content and images to the Site. In order to use the contents uploaded by the User, he declares to have verified , to be in possession and guarantees on the necessary permissions, licenses, rights and/or authorizations in order to upload such contents on the Site and to use them within the scope of the Services, including printing reproduction. Pixartprinting disclaims any liability in relation to such contents, their confidentiality, use, publication and/or dissemination.The User therefore releases, indemnifies and holds harmless Pixartprinting from any liability towards third parties for breach of intellectual property rights, damage to image, honour, decorum, moral integrity or any monetary or non-monetary damage resulting from the printing of images and content uploaded by the user.

4.3

The User therefore releases, indemnifies and holds harmless Pixartprinting from any liability towards third parties for breach of intellectual property rights, damage to image, honour, decorum, moral integrity or any monetary or non-monetary damage resulting from the printing of images and content uploaded by the user.

The User hereby confirms their knowledge of the technical specifications provided on the Website in relation to the composition and permitted usage of the materials from which the Products are made, and undertakes to comply with them. The User assumes full responsibility in this regard, and therefore releases Pixartprinting from any responsibility, indemnifying it and holding it harmless, including with regard to pecuniary and non-pecuniary damages, for the User or third parties using the Products incorrectly or in a way that does not comply with their technical specifications.

4.4 Pixartprinting reserves the right, at any time, to stop any order , and if necessary to cancel, which is defamatory, violent or otherwise contrary to public law and decency or unlawful.

 

5. Automatic checking of uploaded files

5.1 Pixartprinting's system automatically checks compatibility with regards to the format, dimensions, resolution and the presence of non-embedded fonts, checks the fonts and their conversion into paths, checks for any white overprinting or knockout, and converts Pantone colours to the best profile for the print requested (the system does not indicate Pantone colours present in the file, but converts them directly to CYMK).The verification system does not perform any checks concerning possible infringements of third-party rights.

5.2 If the file is not compliant, the system will block the order. In this case, the User will be advised immediately via email and asked to upload a new file, with a resulting delay in the delivery date.

If the system does not reveal any problems, the file will automatically be sent for production.

 

6. Professional check of uploaded files

6.1 At the request of the User to Pixartprinting, for an additional fee, by selecting the “File Check” option the compatibility between file specifications and the required print.

If Users select this option, Pixartprinting will proceed to check: the division of the artwork into layers, cut-to-shape paths, safety margins, the distance of the graphic elements from the edge of the print, front and back orientation, whether the .pdf file matches the specific requirements for magazines and/or catalogues (spine width, number of pages and cover files), and whether the graphic settings are correct if the print requires folding.

Please note that the professional file check does not include an exhaustive layout check, spell check or checking for any photos missing inside magazines, catalogues or books.

 

7. Delivery and shipping times

7.1 The Services are only available for delivery within the territory of the United Kingdom of Great Britain and Northern Ireland; the Services therefore cannot be used for deliveries outside this territory.

7.2 The Products will be delivered on the dates selected by the User when ordering.

7.3 As the sales process also involves shipping, the delivery times provide an indication only and are not guaranteed since, regardless of the payment made by the User, they depend on the delivery performance of third parties, such as couriers, and are calculated from the completion of the order, in other words, once the file has been uploaded and the confirmation message has been received. Delivery dates are valid for most parts of any given country. Islands and more remote areas could require two or more additional working days.

7.4 The order will not be considered complete until the moment the file has been uploaded by the User and the corresponding payment has been made. If the User does not upload the file within 15 days of the order date, the order will be cancelled. In the event of a non-compliant file, the order will be cancelled if the file is not replaced within 15 days.

If an order is cancelled for reasons attributable to the User, Pixartprinting will apply a penalty of Euro 10.00 to cover the administration costs incurred in handling the order.

7.5 Notwithstanding that set out in paragraph 7.3 above, shipping and delivery will be carried out within the times selected when ordering on the condition that the purchase order is completed by 18:00 CET of the same day, or 10:00 CET for 24-hour delivery. Files or payment confirmation received after 18:30/10:00 CET will be considered to have been sent on the following working day.

Deliveries cannot be made to trade fairs.

Working days are classed as Monday to Friday except for New Year’s Day, 6 January, 25 April, 1 May, 2 June, 15 August, 1 November, 8 December, Christmas Eve, Christmas Day, Boxing Day, New Year’s Eve and Easter Monday.

Under no circumstance will Pixartprinting be held liable for any damages caused by a late delivery, which is carried out by couriers that are third parties external to Pixartprinting.

7.6 Risks relating to Products are passed to the User at the moment the Products are handed over to the courier.

 

8. Right of withdrawal

8.1 Users qualifying as consumers have the right to withdraw from the contract, without penalties and without giving a reason, no later than 14 days after receiving the Products (or, in the case of multiple goods ordered through a single Order and delivered separately, after the day on which the User or a third party designated by the user, other than the courier, takes physical possession of the final goods).

8.2 To exercise their right of withdrawal, the User must, before the deadline set out in the previous paragraph, inform Pixartprinting of their decision by sending a written communication to the following address:

Pixartprinting S.p.A. with sole shareholder, with headquarters at Via 1° Maggio, 8, 30020 - Quarto d’Altino (VE), Italy

within 14 days of receiving the Products.

This communication may be sent by post, email (support@pixartprinting.com). Alternatively, the User may use the form available at this link.

8.3 When exercising their right of withdrawal, the User must return the Products received to Pixartprinting, ensuring they reach its headquarters at the address given above, without undue delay and in any case within 14 days of communicating their decision to withdraw from the contract; this deadline will be considered to have been met if the Products are sent by the User before the 14 days elapse.

8.4 The cost of returning the Products shall be borne by the User.

8.5 The User must return the Products in an undamaged state. The Products must be carefully packaged to prevent the original packaging being damaged, written on or having labels affixed to it. The consumer is liable for any reduction in value of the goods resulting from any handling of the goods other than that required to establish their nature, characteristics or functioning.

8.6 When the right of withdrawal is exercised in compliance with the instructions above, Pixartprinting will, within 14 days of receiving the notice of withdrawal, refund the User all payments received relating to the order, using the same payment method used by the User for the initial transaction, where this reimbursement does not lead to the User accruing additional costs; however, Pixartprinting may withhold the reimbursement until it has received the goods or until the User has proven that they have sent the goods back, whichever situation occurs first.

8.7 Pixartprinting hereby informs Users that the right of withdrawal excludes all Products and goods that are made to measure or customised for the User with printing of content or images selected and uploaded by the Users themselves.

 

9. Disclaimer - product defects

9.1 Pixartprinting will not be held liable by Users for damages of any kind, whether direct or indirect, deriving from possible errors, of any type, in the printing of the file sent by the User, except in the case of wilful misconduct or gross negligence.

In the event of printing errors not attributable to the User or delivery of a defective or damaged product, Pixartprinting will be obliged to carry out just one reprint of the material.

Users that qualify as consumers can ask Pixartprinting, within the time limit set out by the applicable consumers’ law, to provide the remedies provided for by the Consumer Code for any defects in the Products existing at the time the goods are delivered.

9.2 Upon delivery, the User must thoroughly examine the products received. Any defects in the delivered items, printing errors or defects in the material’s packaging not attributable to the User must be reported immediately to the courier or to Customer Services. The items must be accepted with a signature, which is subject to verification. he User must then lodge a complaint, making sure to attach photographic evidence where requested, within 8 days of the delivery of the materials.

Pixartprinting will do its best to respond to any complaints received within 24 (twenty-four) hours.

 

10. Applicable law, jurisdiction and competent court Alternative dispute resolution.

10.1 These Terms and Conditions and the orders placed under them are governed by Italian law. For purchases made by Users that can be defined as consumers, the consumer law in force in the User’s place of residence or legal domicile shall apply.

10.2 All disputes regarding the interpretation and/or implementation of these Terms and Conditions fall under the exclusive jurisdiction of:

- the court of Venice (Italy), for purchases made by Users that cannot be defined as consumers; or

- the court of the User’s place of residence or legal domicile, for purchases made by Users that can be defined as consumers.

10.3 Consumers resident in the European Union should be aware that the European Commission has launched an online platform that provides an alternative dispute resolution tool. This tool can be used by European consumers to resolve any dispute concerning and/or deriving from sales contracts of goods and services drawn up online without requiring court proceedings. As a result, and notwithstanding that set out above in this section, Customers making purchases as consumers may use this platform to resolve any dispute arising from the online contract drawn up with Pixartprinting. The platform is available at the following link: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=EN.

 

11. Contact details

 11.1 For further information and assistance regarding the Website, making purchases through the Website or Orders, users may contact Pixartprinting through its Customer Service department in the following ways support@pixartprinting.com, or by letter to the following address: Pixartprinting S.p.A. with sole shareholder, via 1° Maggio, 8, 30020 - Quarto d’Altino (VE) – Italy.

 

Design Services Special Conditions

1. As a precursor to potentially purchasing one or more Products pursuant to the Terms and Conditions of Sale and Service, a registered User can ask Pixartprinting, following payment of a fee, to provide a service (the “Design Service”), comprising the revision, re-design or creation of graphics files for printing, as described in more detail below. The Design Service is provided as follows:

1.1 The User firstly contacts Pixartprinting’s Design Service by clicking the ‘Design Services’ button on the Website and filling in the corresponding online form, choosing between the two different types of Design Service available: • Revision, re-design or correction of already one or more already existing - contents uploaded by the User on the Site (‘Modification Design Service’); • Creation of a new content (Creation Design Service’).

Unless otherwise indicated by the User, the User will be contacted via the email address or telephone number they provided when registering on the Website so that their chosen Design Service can be provided. The User should indicate how they would prefer to be contacted by the Design Service on the online form. Without prejudice to the foregoing, in order to provide the Design Service more effectively, Pixartprinting may in any case decide to arrange screen-sharing sessions via ‘Zoom’ (or similar applications) with the User, with the camera switched off. The User should describe their product in as much detail as possible, always including the exact text and design specifications they would like to see incorporated into the design, such as the colours, style, effect and dimensions of their desired Product. The User, depending on the type of Graphic Service chosen, can also send images in PDF, GIF, AI, PSD, JPG or TIFF format as reference material (in the case of a request for Creation Design Services)or as content for Pixartprinting to further develop or incorporate into its work. (in the case of a request for Modification Design Services).

1.2 The User must then pay the relevant fee – i) 14,90 € plus applicable VAT if the User has chosen the Modification Design Service‘’; ii) 29, 90 €, plus applicable VAT, if the User has chosen the ‘’Creation Design Service – using the various payment methods indicated on the Website and following the instructions provided on the purchasing process. The fee must be paid before completing the online form; only once the User has paid the fee will they be contacted by the Design Service.

1.3 Based on the User’s instructions, once the request for one of Pixartprinting’s Design Service has been submitted, the User shall receive at his/her mailbox, respectively a modified or redesigned graphic proposal, if the User has chosen the Modification Design Service; two new graphic proposals (from which the User shall choose the new graphic proposal to be printed), if the User has requested the Creation Design Service

1.4 Throughout its entire duration, the Design Service includes a maximum of three revisions by Pixartprinting’s designer on the design proposal sent to and chosen by the User, based on their feedback. It is understood that, whether or not the User accepts the design proposal, once the Design Service has provided three revisions, Pixartprinting’s obligations in this regard shall be considered to have been fulfilled.

1.5 If the User decides to proceed with printing the design proposal created by the Design Service, they may place one or more orders by uploading the content they wish to print through the Upload Area. All aspects of the order not covered herein are subject to the Terms and Conditions of Sale and Service, of which these Special Conditions form an integral part.

1.6 The content will remain available for the User to access for the entire period they are registered with the Website, without prejudice to their right to request its deletion, which can be exercised in writing by sending an email to support@pixartprinting.com, or a letter to the following address: Pixartprinting S.p.A. a socio unico, via 1° Maggio, 8, 30020 - Quarto d’Altino (VE) – Italy.

2.Since the activities covered by the Design Service include artistic work, the obligations assumed in this regard by Pixartprinting must be considered relative rather than absolute obligations, and therefore Pixartprinting cannot be held liable for the User’s dissatisfaction once the three revisions have been undertaken, with the understanding that Pixartprinting will do everything, as far as commercially and reasonably possible, within the limits expressly set forth in these Special Terms and Conditions of Sale and Service, it can to satisfy the User’s requests.

3. The User acknowledges that will not conduct a prior art search and/or check whether the contents uploaded by the User is already created or is in use by third parties. when producing the design proposal. Pixartprinting therefore does not guarantee either the originality or exclusivity of the graphic design produced by the Design Service’ The User also acknowledges that such background searches and/or verifications are expressly excluded from the Services.

In case of a request to rework a content through the use of the Design Service, the User is solely responsible for all the consequences of uploading the contents and images to be edited, reworked and printed through the Services offered on the Site. Pixartprinting disclaims any liability in relation to such contents, their confidentiality, use, publication and/or dissemination. For the purposes of using the contents uploaded by the User for the Design Service, the latter declares and warrants to have the necessary permissions, licenses, rights and/or authorizations to use them within the scope of the Services. The User also warrants that he/she will not upload to the Site any material subject to third party proprietary rights without having a licence or prior authorisation from the owner of such rights

For the Creation Design Service, Pixartprinting may make use of contents (e.g. graphics, images and fonts), available in limited number on third parties’ databases, which can be used by Pixartprinting on the basis of specific licenses. For each Content so created by Pixartprinting, the User shall have a personal, non-exclusive, non-transferable and in any case not sub-licensable licence, limited to the uses contemplated in the Web to Print Service. In this regard, the User acknowledges that the Contents generated by Pixartprinting’s operators may be similar to other Contents generated for other Users who have used or will use the same Print Service.

4. In all cases, Pixartprinting reserves the right to block, and if necessary cancel the order when it believes the file received from the User and/or the graphic design content they have requested or is defamatory, violent or otherwise contrary to public policy and morality.

5. It is understood that the selection of content and images to be printed, as well the obtaining of legal authorisation for their reproduction, where necessary, is the sole responsibility of Users. Pixartprinting cannot in any way be held liable for the unauthorised use of images by Users or for any breach of third-party rights relating to them. The User therefore expressly releases, indemnifies and holds harmless Pixartprinting from any liability towards third parties for claimed breaches of intellectual property rights, damage to image, honour, decorum, moral integrity or any monetary or non-monetary damage resulting from the printing of images and content uploaded by the User.

6. Unless otherwise set out in these Special Conditions, the Design Service is subject to Pixartprinting's Terms and Conditions of Sale and Service. Without prejudice to the foregoing, pursuant to article 59, letter a) of the Italian Consumer Code, the User's right of withdrawal no longer applies upon Pixartprinting's full performance of the Design Service.




Rev. 12 – 01/07/2022

The "Terms and conditions of sale on Pixartprinting" are not retroactive to the date of revision.