1. Applicability
1.1 Agreement to Peakxels Creative Terms
By accessing or using this Site or any other Peakxels Creative service, you acknowledge and accept the terms outlined in our Privacy and Cookie Policy, the Product-Specific Terms, and the following General Terms and Conditions (collectively referred to as the "Peakxels Creative Terms"). Additionally, you agree to abide by any supplementary terms, policies, guidelines, restrictions, or rules that may be posted in conjunction with specific sections or services of this Site (collectively known as the "Additional Terms"). All such Additional Terms are hereby incorporated by reference into the agreement established between Peakxels Creative and you, the customer, upon accessing or using the corresponding section, service, or feature or upon your agreement to their applicability. The Peakxels Creative Terms, along with any Additional Terms that you have consented to, constitute the complete agreement between us concerning the subject matter and supersede all prior agreements, representations, and understandings.
1.2 Authorization for Business Entities
If you are using this Site on behalf of a business, organization, or any other entity, you affirm that you possess the authority to accept these Peakxels Creative Terms on its behalf and to legally bind such business, organization, or entity to these Peakxels Creative Terms.
1.3 Governing Transactions
Every offer of a Peakxels Creative product and/or service on our Site, as well as any transaction, order, and agreement concluded through our Site, are subject to our Peakxels Creative Terms.
1.4 Rejection of Third-Party Terms
The applicability of any terms and conditions presented by the customer or any third party acting on behalf of the customer is explicitly disregarded and shall not be enforceable, even if not expressly rejected by Peakxels Creative.
1.5 Exemptions for Third-Party Orders
These Peakxels Creative Terms and Additional Terms do not extend to orders of a product or service that do not originate directly from Peakxels Creative but instead from a third party. Such third parties may include any of Peakxels Creative's affiliates, a reseller, or a partnered service provider. In such cases, the terms separately agreed upon with this third party will govern.
2 Your Account
2.1 Creating Your Account
To harness the full potential of Peakxels Creative, you must initiate the process by registering and establishing a Peakxels Creative account. During the registration process, you will be required to furnish us with specific information, including your first name, last name, email address, and phone number. Rest assured, we may perform a verification process on the provided information. Following successful verification, your account will be approved for access, unless any aspects of the registration are flagged as potentially risky. Your participation in this registration process signifies your consent for us to undertake these actions.
2.2. Account Responsibility
It is the customer's ongoing responsibility to oversee all activities associated with their Peakxels Creative account. You hereby commit to safeguarding your login credentials, particularly your password, and maintaining strict control over access to your Peakxels Creative account. This responsibility is especially crucial when you have extended access rights to another individual within your business or household or have otherwise granted them permission to utilize your account for order placement. You concur that you shall be held liable for all orders placed and any other actions executed through your Peakxels Creative account.
3. Use of the Website
3.1 Purpose and Authorization
You are granted permission to access and use this website and its content for the sole purpose of preparing, evaluating, and ordering products or services solely through Peakxels Creative (referred to herein as “Products”).
3.2 Content Usage Restrictions
No other download, retention, use, publication, or distribution of any portion of the content is authorized or permitted. Obtaining products from Peakxels Creative does not entitle you to use any portion of content apart from the finished products as they are supplied by Peakxels Creative.
3.3 Content Usage Prohibitions
Without limitation, no portion of the content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity. You agree that you will not use the website to produce products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable. Peakxels Creative may terminate its service to customers found to be using Peakxels Creative to engage in undesirable activities.
3.4 Responsibility for Content Usage
You are solely responsible for your use of content in combination with any other images, graphics, text or other materials you incorporate into your products.
3.5 Third-Party Content Usage
You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your products unless you have obtained the appropriate authorisations from the owners.
3.6 Warranties and Authorizations
You warrant that your products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your products, including any third party material made available via a third party design service which may be accessed via the website.
4. Approvals
4.1 Electronic Proofs
Before commencing production of products, we provide an electronic proof of the product for your review and approval.
4.2 Approval Responsibility
You are accountable for approving these proofs. It is important to acknowledge that once you have given your approval, no further changes or cancellations can be made to the Products. We shall not be held liable for any errors in the approved proof subsequently discovered by you.
4.3 User-Provided Design Files
For orders made using your own design files, please note that Peakxels Creative shall not be held responsible for errors stemming from mistakes in the uploaded files.
5. Availability and Delivery
5.1 Dispatch and Delivery
Unless exceptional circumstances arise, your products will be dispatched for delivery in accordance with the chosen delivery service during the ordering process. Delivery occurs on working days, which are Monday to Friday, excluding public holidays.
5.2 Delayed Delivery
In cases where delivery is delayed due to exceptional circumstances, we are committed to completing the work as expeditiously as possible.
5.3 Incorrect Delivery Address
If delivery becomes unfeasible due to the provision of incorrect delivery address details, our delivery service will return the products to us. Please be aware that we reserve the right to levy an additional delivery charge for re-dispatching the products to the accurate delivery address.
5.4 Receipt Confirmation
It's important to note that all products will require a signature upon delivery. If anyone other than the intended recipient signs for the product, and subsequently, the product isn't delivered to the intended recipient, we assume no liability as long as the product was delivered to the address specified by the purchaser.
6. Non-Delivery
6.1 Notification Requirement
Should we fail to deliver the products, it is incumbent upon you to notify us within 30 days to enable us to investigate and take necessary action.
6.2 Resolution Process
Upon your notification, we will provide you with a form to complete and return to us. Once we receive the form, we will re-deliver the products to you at no additional cost.
7. Risk and Title
The risk associated with the products transfers to you at the time of delivery, while ownership of the products is passed to you upon delivery.
8. Our Replacement Policy
If you believe a product is defective, we may request that you return the product for our examination.
9. Force Majeure
Peakxels Creative shall not be liable if it is unable to fulfill any provision of the contract due to circumstances beyond its reasonable control. These circumstances include, but are not limited to, Acts of God, legislative actions, war, fire, flood, or the inadequacy or unsuitability of any instruction, data, or materials necessary for the contract's performance. In such cases, you may, through written notice to Peakxels Creative, choose to terminate the contract and compensate for work done and materials used during the time of termination. However, you shall otherwise accept delivery when it becomes available.
10. Indemnification
You agree to indemnify and defend Peakxels Creative, as well as any parties from whom Peakxels Creative has licensed content, along with their directors, officers, and employees, against all claims, liability, damages, costs, and expenses. This includes reasonable legal fees and expenses arising from:
(i) Your Breach of These Terms and Conditions:
You are responsible for any violation of these Terms and Conditions.
(ii) Claims Relating to Content:
You shall also indemnify Peakxels Creative against any suit, claim, or demand arising from or related to any text, photograph, image, graphic, or other material that you incorporated into products, provided it was not part of the standard website content.
11. Price and Payment
11.1. The price of any product
The price of any product will be as quoted on our site from time to time. Please note that these prices include VAT of 7.5% in line with the Federal Government's directive on the Finance Act 2019, the Value Added Tax (VAT) applicable on goods and services offered by Peakxels Creative but price does not include delivery costs, which may be added to the total amount due as outlined in the shopping cart during the online ordering process.
11.2. Prices are subject to change
Prices are subject to change at any time, but any alterations will not affect orders for which we have already issued an order confirmation.
12. Refund Policy
Peakxels Creative offers a refund policy extending to Seven (7) working days for items/orders that do not meet the customer's expectations or are defective. This policy also includes the option for a reprint or a credit to print a new order. It is important to note that refund requests must be reported within 3 working days after receipt of orders. Peakxels Creative will not process refunds if no issue was raised within 3 working days after the order was received.
13. Intellectual Property Right
Unless otherwise indicated or expressly stated, Peakxels Creative retains all intellectual property rights related to the website. These rights encompass, but are not limited to, copyrights, patents, trademarks, trade names, service marks, designs, know-how, trade secrets, inventions, goodwill, source code, databases, text, content, graphics, icons, and hyperlinks.
Users must obtain authorization from Peakxels Creative to use, reproduce, or distribute any content from the website.
Users retain ownership and assume sole responsibility for any content they provide or upload when using Peakxels Creative's services. This includes text, data, information, images, photographs, music, sound, video, or any other material uploaded, transmitted, or stored when utilizing the various services offered. However, concerning the product customization service, users agree that by uploading and posting content on the website for public viewing and reproduction/use by third-party users, they grant a non-exclusive license for the use of said content.
14. Written Communications
All communication with Peakxels Creative via our site will be conducted through electronic means. This includes email communication and providing information through notices posted on our site. Users agree to accept electronic communication for contractual purposes and acknowledge that all contracts, notices, information, and other communications provided electronically comply with any legal requirement mandating written communication.
15. Disclaimer of Warranty
15.1. AS-IS Basis:
THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR-FREE.
15.2. Product Descriptions:
WHILE WE MAKE REASONABLE EFFORTS TO ACCURATELY DISPLAY THE ATTRIBUTES OF PRODUCTS, WE DO NOT WARRANT THAT PRODUCT DESCRIPTIONS ARE ACCURATE, RELIABLE, AND ERROR-FREE.
15.3. References and Links:
REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
16. Limitation of Liability
16.1
IN NO EVENT SHALL PEAKXELS CREATIVE OR ITS LICENSORS, SUPPLIERS, OR VENDORS, OR THE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY OF THEM, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND. THIS INCLUDES DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT PEAKXELS CREATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE.
16.2. DAMAGES ARISING OUT OF USE OR PERFORMANCE:
DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR PRODUCTS OR SERVICES SOLD THEREON, OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDERED FROM PEAKXELS CREATIVE.
16.3. THIRD-PARTY PRODUCTS OR SERVICES:
DAMAGES ARISING FROM PRODUCTS OR SERVICES YOU ORDERED THROUGH PEAKXELS CREATIVE´S SITE DIRECTLY FROM ITS AFFILIATES OR ANY OTHER THIRD PARTY.
16.4. INAPPROPRIATE OR UNAUTHORIZED USE:
DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THIS SITE OR ITS CONTENT, OUR SUPPLIED PRODUCTS OR SERVICES, INCLUDING ANY THIRD-PARTY PRODUCTS OR SERVICES.
16.5. APPLICABLE LAW EXCEPTION:
IF YOU LIVE IN A COUNTRY OR STATE THAT DOES NOT ALLOW ANY OF THE FOREGOING EXCLUSIONS OR LIMITATIONS OF LIABILITY OR ANY OF THE DISCLAIMERS OF WARRANTIES IN THE ABOVE SECTION, SUCH EXCLUSIONS OR LIMITATIONS WILL NOT APPLY TO YOU BUT ONLY TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE NOT ALLOWED. IN SUCH CASE, SUCH EXCLUSIONS OR LIMITATIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
17. Site Feedback
17.1. Feedback Information:
Any comments, suggestions, proposals, or other feedback (collectively “Feedback Information”) provided to Peakxels Creative in connection with the operation of this Site, including its content or any of our offered and/or supplied Products, shall be considered non-confidential. All such comments, suggestions, and other information shall become the exclusive property of Peakxels Creative.
17.2. Ownership:
By submitting any such information to Peakxels Creative, you agree that you are transferring and assigning, at no charge, all of your right, title, and interest in the information, including all copyrights and other intellectual property rights. You agree that Peakxels Creative shall be free to use such information on an unrestricted basis.
18.Age Requirement:
You must be at least 18 years old or have parental or guardian permission to use this Site. By using this Site, you represent and warrant that you are at least 18 years old or have obtained such permission.