Photo Card Chef Terms and Conditions of Purchase.
These terms and conditions govern your access to the Photo Card Chef web site (the "Site"). By accessing the Site, you are signifying your assent to these terms. Your continued use of the Site after the Photo Card Chef posts any changes will indicate your acceptance of these changes.
Use of Site
You may access and use the Site solely for your personal, noncommercial use. Except as expressly authorized hereunder, the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our prior written authorization. We reserve the right to alter or discontinue the Site, in whole or in part, at any time in our sole discretion.
Privacy Policy
We are exceptionally concerned with your privacy and with your trust. The Photo Card Chef values your privacy and will never sell or distribute to outside parties any personal information that you have provided. We will never sell, rent, or share e-mail addresses.
Limitation of Liability
IN NO EVENT WILL THE PHOTO CARD CHEF, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, RESULTING ARISING OUT OF OR IN CONNECTION WITH THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT THE PHOTO CARD CHEF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Payment
Payment is through the security of Paypal or via Credit Card. Paypal also accepts payment by credit card, or a personal Paypal account. Applicable sales tax will be applied to orders shipping to Colorado. Payment is required before a proof will be created and sent for approval. Orders are not taken by phone.
Shipping
Shipping rates vary depending on your order total. Shipping times are estimates and apply after your cards have been proofed, approved for print, and printed. Cards take approximately 24 business hours to print.
Copyright Policy
It is against the law to use a professional photographer's images without written permission. This includes scanning photos taken in portrait studios (including studios such as Wal-Mart, Sears, etc.). By submitting your order and photos to the Site, you agree that you are the photographer or you have written copyright license from the photographer permitting the Photo Card Chef to reproduce the photography. If you used a professional photographer, it is required that you e-mail the release form from your photographer stating that you have permission to reproduce the images. You agree not to hold the Photo Card Chef, its officers, directors, employees or agents responsible for misuse of copyrighted images. The Photo Card Chef will not reproduce professional photography without written consent from the photographer.
Additionally, all images on the Site are the property and the copyright of the Photo Card Chef, and may not be reproduced or used in any form, electronic or printed, without prior written permission from the Photo Card Chef. Reproducing copyrighted material is strictly prohibited by law. Furthermore, all printed photo cards created by the Photo Card Chef are copyright protected and may not be reproduced without permission. Purchasing photo cards from the Photo Card Chef does not grant you the right to reproduce the card.
Card Design Changes
Cards ordered are sold 'as is' meaning all design features, such as photo orientation, color scheme, borders, text placement, graphics, etc., will remain exactly as shown on the online example. We are able to make minor card design changes if the Minor Re-Design is ordered, and we are able to make color changes if the Custom Color Request is ordered.
Return Policy
All sales at Photo Card Chef are final once proofs are approved. We do not accept returns. Reprints will only be given if an error was made on our behalf. You may contact us with questions about card stock weight, size, finish type, etc., before submitting your order. It is your responsibility to review your proof for errors or omissions and to make sure you are completely satisfied with the layout and design of your card before approving your proof. Spelling and typographical errors not brought to our attention prior to approving the proof are the customer’s responsibility. There will be no refunds or reprints for any reason after the proofs have been approved. There will be no refunds or reprints for color variances. There will be no refunds or reprints for grainy photos if you have decided to use a photo that was not recommended for printing. Please be aware that during the printing process, up to 1/4 inch may be cut off around all sides.
Previews and Design Fee
Your cards include two sets of proofs, sent via e-mail after your order is completed. You have the opportunity to make changes to your cards after you review your proofs. Cards are never sent to print without the approval of the customer. There is no design fee to create your customized cards and proofs unless you want to substitute a different card design from what you originally ordered, or if there are more than 2 rounds of proofs required. For complete card changes, an additional $20.00 will be invoiced. Each additional set of proofs required after the initial two free sets are $10.00, which can be ordered on the Site or invoiced from PayPal. Please be as specific as possible with your directions and as accurate as possible with your card text.
Web Address on Cards
Our web Site address is printed on the back of our products. An additional fee of $50.00 per card design will be charged if you request the address be removed. If you would like the web address removed from your cards, you can find the Web Address Removal Form here, which must be added to your cart before check out.
Fonts on Cards
The font(s) used on the online example is the font or fonts that will be used for your card unless you order a Font Change.
Order Cancellations
An order may be canceled prior to the approval of your final proofs, and prior to printing. A refund will be issued, less a $40.00 cancellation fee, to the account that was used to place the order. Please check the size and resolution of your photos before placing your order. You can review our FAQ page for more information on recommended photo size.
E-mail promotions
We send out e-mail promotions to clients about 4 times a year detailing sales on seasonal cards and other new offerings and promotions. Sign up for the 'newsletter' to receive promotional information. We never sell, rent, or share e-mail addresses with outside companies or individuals.
Indemnification
You agree to defend, indemnify, and hold harmless the Photo Card Chef, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Site or your violation of these Terms. You agree that the Photo Card Chef may at any time, and without notice, suspend or terminate your access to the Site if you fail to comply with the Terms or applicable law.
Third Party Links
We may provide links to third-party websites or resources from the Site. You acknowledge and agree that we are not responsible or liable for the availability or accuracy of, and Photo Card Chef does not endorse, such websites or resources or the content, products, or services on or available from such websites or resources. You assume all risks arising from your use of any such websites or resources.
No Warranty
Your use of the Site is at your sole discretion and risk. The Site and all materials, information, products and services included therein, are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind.
General Terms
These Terms constitute the entire agreement between the Photo Card Chef and you with respect to your use of the Site and supersede any prior or contemporaneous agreements or understandings. The Photo Card Chef failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court finds that one or more provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable. The Photo Card Chef shall have the right to assign its rights and/or delegate its obligations under these Terms, in whole or in part, without restriction. These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to conflicts of laws principles. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts of the State of Colorado.