By placing an order with ARTALKS DISPLAY, you (“Customer”) agree to be bound by the following Terms and Conditions. These apply to all orders submitted via website, email, or in writing.
1. Proof Approval and Artwork Errors
Customers are solely responsible for thoroughly reviewing all artwork proofs before production. Approval constitutes full acceptance of layout, text, spelling, colors, and design.
ARTALKS DISPLAY is not liable for any errors, omissions, or changes requested after final proof approval. Post-approval changes may result in additional charges and production delays.
2. Delivery Time and Shipping Disclaimer
All stated delivery times, including those for Free Shipping and Ground Shipping, are estimates only and not guaranteed. Delivery schedules may be impacted by third-party carrier delays, holidays, weather, or other events outside our control.
Orders that include design services may require additional time for artwork creation, revisions, and approval prior to production.
ARTALKS DISPLAY is not liable for missed deadlines resulting from carrier delays, production changes, or external factors. Customers are solely responsible for placing orders early enough to accommodate production and shipping lead times for time-sensitive events.
3. Limitation of Liability and Exclusive Remedies
ARTALKS DISPLAY values customer satisfaction and strives to deliver quality products. However, in all cases, our total liability for any claim related to an order—whether due to delay, error, or defect—shall not exceed the amount paid by the customer for that specific order.
The customer’s sole and exclusive remedy will be limited to a refund or replacement of the affected product, at ARTALKS DISPLAY’s discretion.
Under no circumstances shall ARTALKS DISPLAY be liable for consequential, incidental, or special damages, including but not limited to lost profits, business interruptions, event disruptions, reputational harm, or claims by third parties, even if such damages were foreseeable.
4. Color Matching and Output Variations
Due to differences in monitor settings, print processes, and materials, exact color matching cannot be guaranteed.Slight variations between digital proofs, printed samples, and final output are within industry standards and do not qualify as defects.
5. Design Services
Orders involving design services will require additional time for revisions and approvals. Production timelines will not begin until final written proof approval is received. Any revisions requested after approval may result in new charges and extended delivery times.
6. Warranty and Claims Period
All claims for defects, shortages, or errors must be submitted in writing within 7 calendar days of receipt of goods.
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Claims after 7 days will not be honored.
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Verbal assurances or representations do not constitute a warranty. Only written agreements will be recognized.
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Items returned for replacement or review must be unused and in their original condition when applicable.
7. Order Cancellation Policy
Orders may only be canceled prior to the start of production. Custom or printed products in production are non-cancellable and non-refundable. Refunds for canceled orders may be subject to design or setup fees already incurred.
8. Customer-Supplied Artwork and Indemnification
Customers warrant that all submitted artwork, logos, and content are properly licensed or owned by the customer.
The customer agrees to indemnify and hold harmless ARTALKS DISPLAY, its employees, contractors, and affiliates, from all claims, legal actions, or damages resulting from copyright or trademark infringement, or misuse of intellectual property.
9. Communication and Email Responsibility
Customers are responsible for ensuring that all communication with ARTALKS DISPLAY is received and acknowledged. ARTALKS DISPLAY is not liable for delays or issues caused by emails being undelivered, filtered into spam folders, or due to incorrect contact information provided by the customer.
10. Force Majeure
ARTALKS DISPLAY shall not be liable for any failure or delay in performance caused by circumstances beyond our control, including but not limited to: natural disasters, acts of God, labor disputes, war, terrorism, pandemics, transportation delays, material shortages, internet or utility failures, or miscommunication, including undelivered emails, spam filtering, or technical issues that impact correspondence.
11. Governing Law – State of California
These Terms and Conditions shall be governed by the laws of the State of California. Any disputes arising from orders or services provided by ARTALKS DISPLAY shall be resolved in the courts located within Orange County, California, unless otherwise mutually agreed in writing.
12. Severability and Entire Agreement
If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect. These Terms constitute the entire agreement between the customer and ARTALKS DISPLAY and supersede all prior or contemporaneous verbal or written communications.
13. Acceptance of Terms
By placing an order, the customer confirms they have read, understood, and agreed to these Terms and Conditions in full, regardless of how the order is placed (email, website, or in-person). These terms are legally binding and enforceable.
Last Revised on 3/22/2024
These Terms and Conditions are subject to change at any time without prior notice. The version in effect at the time of order placement shall govern that order.
