Terms and Conditions
August 17, 2017
Acknowledgements
You acknowledge and understand that the terms and conditions listed herein constituted the entirety of the agreement between you, the customer, and us (“Polychrome”). You further acknowledge and understand that Polychrome may update these terms of sale on the website from time to time and at Polychrome’s sole discretion. Lastly, you acknowledge and understand that Polychrome does not guarantee the terms you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records. The only language in which we provide these terms of sale is English.
Purchasing
No agreement exists between Polychrome and you until we accept your order in accordance with the procedure listed below.
-
You must add the print(s) you wish to purchase to your shopping cart, and then proceed to the checkout page;
-
You must confirm your order and your consent to these terms of sale;
-
You will have the opportunity to correct deficiencies in your order before purchasing;
-
You will render payment via credit card or PayPal;
-
Acceptance of payment will create a binding contract.
-
Once payment is accepted, you will receive a receipt by email containing details of your purchase;
-
Within 24 hours of purchase, you will receive an email containing a link to download prints you have purchased.
Print(s)
All print purchases are downloadable digital files that are sent as a link via email to the registered account holder within 24 hours after successful receipt of payment. All prints listed on this website are available solely in a downloadable digital format and not available for purchase in any physical formats. Once downloaded, you will not have the ability to access or re-download the print. Please contact us if you if technical problems downloading the print(s) you purchased.
Price and Payment
Prices for prints are quoted on our website. Prices are determined at Polychrome’s sole discretion and are non-negotiable. Customers who are buying prints in bulk may negotiate the total sales price directly with Polychrome. Please contact us for discounts for bulk orders.
Payment must be made upon the submission of your order. The link to download prints will only be sent to you upon successful payment. Polychrome reserves the right to withhold the print(s) and/or cancel the contract between us if payment is not received from you in full in cleared funds.
The prices on the website include all value added taxes (where applicable). Payment for all prints must be made by credit card, PayPal, or any other method listed on the website.
Prices for prints are subject to change at any time, but changes will not affect contracts which have come into force.
If you dispute any payment made to Polychrome you must contact us immediately and provide full details of your claim. If you submit an unjustified credit card, debit card or other charge-back then you will be liable to pay Polychrome within 7 days following the date of the charge-back: (i) an amount equal to the amount of the charge-back; (ii) all third party expenses incurred by us in relation to the charge-back (include charges made by our or your bank or payment processor or card issuer); (iii) an administration fee of $15.00 U.S.; and (iv) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this paragraph (including without limitation legal fees and debt collection fees).
Without prejudice to our other rights, if you submit an unjustified credit card, debit card or other charge-back, we reserve the right terminate any contracts between you and Polychrome under these terms of sale by giving you written notice of termination.
Ownership
Upon successful payment and receipt of the print, full ownership rights, including copyright and all attendant rights afforded under 17 U.S.C. §§ 100 et. seq. (The U.S. Copyright Act) shall irrevocably transfer to you. Those rights include, but are not limited to: the right to display the print, the right to reproduce or make copies of the print, the right to make derivative works based on the print, as well as the right to sell, gift, or otherwise transfer ownership over the print. All print purchases, by default, will carry with them full ownership rights to the print(s). The prints and all attendant rights will become yours immediately at the time of delivery.
Licenses
If you wish not to purchase the print(s) outright, licensing options are available on a case-by-case basis. Please contact us directly to discuss possible licensing options.
Return Policy
At this time, Polychrome does not permit returns, refunds, or cancellations of print orders unless there is a defect or glitch in the print or print download process.
In the event of such a defect or glitch, you should notify Polychrome in writing within 14 days of the original purchase. You will grant Polychrome the right to cure all glitches or defects within a reasonable period of time before Polychrome issues a refund or cancels the order.
All refund requests should be made in writing and must contain an explanation of the request and a description of the glitch or defect.
Warranties & Representations
You warrant and represent to us that you are legally capable of entering into binding contracts and you have full authority, power, and capacity to agree to these terms of sale; the information provided in your order is accurate and complete; and you will be able to accept delivery of the prints. You further warrant and represent that you will act in good faith with respect to these terms and conditions and will strive not to breach these terms.
Pursuant to M.G.L. c. 106, § 2-313(1), we hereby warrant and represent that the prints on this website are sold as represented. We further warrant and represent that if a print is not received in the condition represented, we shall cure the defect within a reasonable amount of time and provide a version of the print that is as represented.
Disputes
All disputes will be governed and construed in accordance with the laws of the Commonwealth of Massachusetts, United States. Any dispute, controversy, or claim arising out of the breach of these terms will be resolved by arbitration in accordance with the rules of the American Arbitration Association under its jurisdiction in the Commonwealth of Massachusetts before a single arbitrator. The Parties will have the right to engage in pre-hearing discovery in connection with such arbitration proceedings. The Parties agree that they will abide by and perform any award rendered in any arbitration conducted pursuant hereto, that any court having jurisdiction may issue a judgment based upon such award and that the prevailing party in such arbitration and/or confirmation proceeding will be entitled to recover its reasonable attorneys’ fees and expenses. The arbitration will be held in a mutually convenient location within the Commonwealth of Massachusetts and any award will be final, binding, and non-appealable.
Rights Granted by Law
None of the terms and conditions listed here shall infringe any rights granted by law to consumers.
Force Majeure
Where a force majeure event gives rise to a failure or delay in us performing our obligations under these terms of sale, those obligations will be suspended for the duration of the force majeure event. A “force majeure event” is any event which is beyond our reasonable control; the unavailability of raw materials, components or prints; and/or power failure, industrial disputes affecting any third party, governmental regulations, fires, floods, disasters, civil riots, terrorist attacks or wars.
Privacy
All personal information submitted to this website, including your name, contact information, and payment information, is private and confidential. Customers and Subscribers are consenting to be included in our mailings, newsletters, and online campaigns by providing this information. We do not provide or share that information with anyone unless compelled by law.