LEGAL & TERMS AND CONDITIONS OF BUSINESS
Welcome to LuxMetalCard.com . By using the LuxMetalCard.com website to create and order a Product, you (the Client) are entering into a legally binding agreement between LuxMetalCard.com and yourself based on these Terms and Conditions. It is the Client’s responsibility to carefully read these Terms and Conditions before using this website. The Client’s use of the LuxMetalCard.com website is contingent upon their agreement and acceptance of the LuxMetalCard.com Privacy Policies, as well as the following Terms and Conditions. If the Client does not wish to be bound by these Policies and Conditions, they should not access or use the LuxMetalCard.com website or services. LuxMetalCard.com has the right to modify the Terms and Conditions at any point in time without any notice to the Client.
2. PRODUCTION AND PRINTING DEPARTMENT
A digital proof of work will be submitted for the client’s approval prior to being sent for printing. The client is then responsible for carefully reviewing the proof and order prior to submission in the interest of avoiding errors. Once an order is accepted and confirmed by the Client, no liability is accepted by LuxMetalCard.com for any errors not noticed or corrected by the Client on the proof. LuxMetalCard.com will not accept any changes to an order that has been confirmed and sent to printing. Should the Client choose to ask LuxMetalCard.com to print the Product without their review or approval, LuxMetalCard.com will not be responsible for any flaws, errors, or problems of any sort on the Product, and a re-print option will not be available. If The Client chooses to upload a file, we strongly recommend that The Client submits a print-ready file in vector format with all text outlined. Any modifications made to files by LuxMetalCard.com to get them print ready may be subject to design fees on a case by case basis. As such, LuxMetalCard.com is not responsible for any errors in the Product, including but not limited to: misspelling, bleeds, grammar, damaged fonts, low quality images and graphics, punctuation, crop marks, transparency, overprint, incorrect colors, insufficient safe margins, etc.
While all reasonable efforts will be made to ensure color accuracy, LuxMetalCard.com does not guarantee that an exact color match will occur between the Client’s artwork, imaging, files, or previously printed materials due to inherent variations in the printing process. There is a 10% color shift that may occur due to press calibrations in printing, and color may shift during the course of a single press run or between separate runs. LuxMetalCard.com also cannot guarantee color matching a preview or sample as it appears on a Client’s monitor as we cannot compensate for individual display color variances. It is highly recommended that all designs and files be created in a CMYK color format in order to decrease the likelihood of color shifts occurring if a conversion from RGB to CMYK is necessary. It is possible to convert a RGB file into CMYK if the client is unable to provide one, however, many of the colors in RGB are not reproducible in a CMYK format and LuxMetalCard.com does not guarantee any color accuracy when doing such a conversion. We highly recommend that the Client provides the Pantone color codes when doing spot color printing.
2.3 TURNAROUND TIME
The turnaround times posted by LuxMetalCard.com are for printing, and only begin after the Client has sent approval for the digital proof. The Client must acknowledge and agree that all listed turnaround times are estimates only and do not include shipping time. These times are calculated as business days and do not include weekends or holidays. Unexpected failures, malfunctions, and / or technical problems with (printing) equipment may delay the printing process. If such a delay were to occur, LuxMetalCard.com, at its discretion and on a case by case basis, provide compensation in the form of re-print discounts or expedited shipping. Technical difficulties or delays will not be grounds for order cancellations or refunds.
Printed orders are to be shipped out anywhere within 7-20 business days, dependent on product, as listed on the website. Shipping dates are calculated based upon estimates provided by the shipping companies utilized by LuxMetalCard.com There is no way of guaranteeing any delivery dates including rush orders. LuxMetalCard.com is not liable for any delays in delivery caused by shipping companies, international customs issues, or any other circumstance beyond the direct control of LuxMetalCard.com. Shipping companies require a physical address and a valid phone number in order to deliver a package, as they do provide a door to door service. PO Box addresses are not valid for delivery. In the event that a package is not delivered due to an error with the address provided by the Client, LuxMetalCard.com will reship the package with the correct address at the client’s expense. Product deliveries are subject to the corporate policies of the shipping company, and any policy put in place by those companies will apply to the Client. If the Client is not present at the provided delivery location, it is their responsibility to collect the package in accordance with the policies of the applicable shipping company. All products are shipped according to the address on the proof. It is the client’s responsibility to ensure that the proof has the correct shipping address listed. If no shipping address is listed it is the clients responsibility to provide an address to prevent further shipping delays.
2.5 SHIPPING TARIFFS / SALES TAX
Any order being delivered outside of the United States may be subject to import taxes, customs duties, and fees levied by the recipient’s country. The Client is responsible for all such Import Fees and any additional charges for all taxes and customs clearance. Customs policies and Import Fees vary based on country and cannot be determined or controlled by LuxMetalCard.com.
2.6 ORDER CANCELLATIONS, RETURNS, OR REFUNDS
Due to the custom nature of the products sold by LuxMetalCard.com, an order cannot be cancelled or modified once it has been approved by the Client and has been sent into production. All Sales are final after approval. Partial refunds may be available on orders that have begun processing but have not yet gone into production, and will be determined on a case by case basis. If a partial refund will be given, the refund will be calculated based on the portion of work that has not yet been completed. Any design charges ($75.00) will still be applicable if the Client decides not to print after the design has been created. Custom designs and artwork generated internally by the staff of LuxMetalCard.com are subject to human error. If an error occurs in regards to pricing, stock, coating, turnaround time, or any other aspect of an order that is deemed to be at the fault of LuxMetalCard.com staff, LuxMetalCard.com maintains the right to cancel the order and provide a full refund to the Client. Alternatively, any miscommunication that occurs from the Client to LuxMetalCard.com during the quoting process will not qualify the order for cancellation or refund. If any changes are made to an order, it will be viewed as a secondary order and will not qualify as a reprint. In the event that a project is inactive for more than 15 days with no response from the Client, LuxMetalCard.com reserves the right to deduct a 20% cancellation fee from the order price if the project is cancelled and a refund is issued to the client. If a print project is inactive for 30 days, no refund will be issued and a credit will be applied that can be used for future print orders.
A reprint will only be honored if a shipping or printing error occurs. Shipping errors occur when a package is damaged or lost after being accepted by the shipping provider. In the event that a shipping error occurs, the Client is required to contact the shipping provider to open a file through them. Shipping providers require adequate evidence to approve a claim, and it is the Client’s responsibility to provide proper proof (tracking number, pictures, samples, etc) for the shipping provider. Once the file is opened with the shipping provider, LuxMetalCard.com can file a claim to receive compensation. If the claim is not approved by the shipping provider, and / or LuxMetalCard.com is not compensated, then it is at the discretion of LuxMetalCard.com if a reprint can be honored. Reprints for shipping errors will take a minimum of 2 weeks for approval after the Client has contacted the shipping provider as shipping claims take 2 weeks to process. Printing errors are classified as misprints or trimming issues that are caused by mistakes in the production process that are outside of machine error values. Machines are maintained and calibrated to function properly, and any shifts that occur with a product within these values will not be grounds for a reprint. A 0.125” bleed is requested on all print files to account for any shifting that may occur. If there is a shift of 2 mm or less, there will be no grounds for a reprint. Additionally, there is potential for a 10% color shift on products between runs. An order will not qualify for a reprint if there is a 10% color shift from a previous order. The same file will always be used during the reprint process. If the Client requests any changes to the file, this will be considered a new order. Upon initial review of the design, LuxMetalCard.com will email the Client any warnings about potential problems that may occur during printing. This email will be sent out during the proofing process, and it is the responsibility of the client to review these warnings prior to accepting the proof. If a proof is accepted and approved without any changes being made to the potential problem areas, LuxMetalCard.com will not accept any responsibility if the listed errors occur during printing, and a reprint will not be honored in these situations. All complaints regarding print defects must be brought to the attention of LuxMetalCard.com within 10 business days of the receipt of order to be considered or reviewed for a reprint. If no contact or claim has been made within 21 days, the work shall be deemed to have been received, checked, and accepted by the Client as fully complying with the accepted order specifications. In case of printing errors, contact [email protected] with a description of the print defect. The email will must contain 2 high resolution images attached for review; one showing a close up of the defect area, and the other showing 20 samples of the product with the same issue. A minimum of 5% of an order needs to be affected by the same printing error in order to qualify for a reprint. LuxMetalCard.com retains the right to request the full product be returned, at the client’s cost, for evaluation if deemed necessary. In the event that a product has been printed incorrectly at the fault of LuxMetalCard.com, a full reprint with be provided to the Client at no additional cost. When possible, defective cards are removed prior to shipping. An order may be short up to 4% of the order quantity. More than 4% of cards are missing, at the discretion of Lux Metal Card, a partial refund, or a reprint may be issued. Turnaround times for reprints will be the same as all standard turnaround times. Shipping will be determined by LuxMetalCard.com on a case by case basis. Reprints are always shipped via Fedex Ground unless the client requests other wise. Complimentary shipping upgrades for reprints is assessed on a case by case basis at the discretion of LuxMetalCard.com.
All prices listed on the website are in United States Dollar (USD) unless otherwise noted, and are subject to change without any notice to the Client. Applicable taxes and shipping charges will be added to each invoice. Any pricing provided in a quotation from LuxMetalCard.com will be valid for 30 days from the date the quote was provided. LuxMetalCard.com retains the right to change pricing options as well as any promotional offers at any time without prior notice unless otherwise noted.
2.9 COUPONS / CREDITS
Coupon Codes must be submitted by the Client at the time of order placement, and cannot be applied towards an order after the payment has been received. Additionally, a Coupon Code cannot be applied to any order previously made with LuxMetalCard.com. Coupon Codes cannot be combined with any other discounts or offers, and are not available for cash or credit back. Only one Coupon Code may be used per order. All credits provided by LuxMetalCard.com are done on a case by case basis and at the discretion of LuxMetalCard.com staff. Credit amounts and processing details will be provided individually to the Client by LuxMetalCard.com upon confirmation of the credit being issued. To claim a LuxMetalCard.com credit, the Client must provide all necessary information regarding the credit. This includes the previous order number that the compensation was awarded for. Emails will not be sufficient proof to validate any credits. Any promo code generated by a credit will only be valid until the specified expiry date, and if any portion is unused, the credit will be forfeited and no further compensation will be awarded.
Full payment is required prior to any orders being processed through to production or Design work. An order will not be processed under any circumstances before a full payment has been made using a valid credit card or cash funds (e-transfer, PayPal, bank wire). LuxMetalCard.com will not be liable for any delay in order completion due to a delay in payment. Proofs are not emailed to clients until after payment has been made for the order.
LuxMetalCard will do it’s best to ensure that reorders are as similar to the previous order as possible. However, we are unable to guarantee that colors, paper, and print finishings will be identical.
3. DESIGN DEPARTMENT
The LuxMetalCard.com Design Department will follow company procedures at all times. These include but are not limited to; providing a high level of design work, the correct number of revisions, adhering to specified turnaround times, etc.
3.2 DESIGN SERVICE
All pricing provided on the website or through staff quotations will be calculated based on in-house printing through LuxMetalCard.com unless otherwise stated. In the event that the client chooses to take the final design and for printing elsewhere, additional design fees will be applied to the order unless stated otherwise.
The purpose of providing an official revision is to assist the Client in the design process. The goal is to create a logo and / or design that the Client finds satisfactory to their needs. Official revisions are used only for small modifications, typographic edits, changes to the color palette, and additions to the provided design (proofs). A revision does not include a complete re-design or additional designs (proofs) provided to the Client. During the revision process, LuxMetalCard.com staff may request additional information from the Client. If this content is not supplied, or there is no response to the request, LuxMetalCard.com may, after a period of time, and at its discretion, place the project on hold and discontinue any work on the project. LuxMetalCard.com will not be held accountable for any deadlines missed or changes in a projected and communicated timeline due to such delays. If a project has been on hold for 60 days with no response from the client, the file will automatically be closed and no refund will be given. The first revision is free of charge. Any revisions thereafter are charged a $10 revision fee for each proof.
3.4 CANCELLATIONS AND REFUNDS
It is possible that through the course of a design project the creative efforts of the Designer do not align with the expectations of the Client. In the event that the Client wishes to cancel a design project before completion, a partial refund may be considered. Design fees are based on the time spent in development of concepts and not a specific result. Therefore, design fees are still applicable in varying amounts based on work completed, even if a finalized product has not been made. LuxMetalCard.com retains the right to terminate a project completely, at any time, at their discretion. Reasons for such a termination may include but are not limited to: abusive or abrasive language, poor communication, etc. If the project is terminated for reasons such as abusive language, the client may not be eligible for a full refund.
3.6 DESIGN OWNERSHIP
All approved designs created by LuxMetalCard.com and released to the Client are owned exclusively by the Client. LuxMetalCard.com retains only the right to display the final design on the company website under a portfolio showcasing previous work. Custom work that is not approved as the final design by the Client will remain under ownership of LuxMetalCard.com and can be utilized for other purposes. LuxMetalCard.com suggests that all approved logos be trademarked. Trademarking services are available to the Client at an additional fee through a third party law firm. Additionally, the Client agrees that all content provided to LuxMetalCard.com is free from any existing copyrights by a third party. Such content does not have to bear a copyright notice in order to be protected by a copyright law. Therefore, the absence of a copyright notice does not insure the right to reproduce such protected material. Such elements may include but are not limited to: images, fonts, graphics, logos, company names, etc. It is the responsibility of the Client to ensure that such a copyright does not exist, and to acknowledge and agree that no copyright notice has been removed from any material used in preparing the subject matter for reproduction. In conjunction with these warranties, the Client agrees to indemnify and discharge LuxMetalCard.com from any and all liabilities, damages, and attorney fees that may result in any sort of copyright infringement, whether intentional or not by the Client. The Client will, at their own expense, promptly and thoroughly defend LuxMetalCard.com in all legal actions on these grounds as long as LuxMetalCard.com notifies the Client of the legal action and gives them reasonable time to undertake and conduct a defense. The Client also confirms that any provided content does not contain anything that is libelous or scandalous, or anything that threatens any person’s right to privacy or any other personal or economic rights.
3.7 SAVED DESIGNS
Due to the high number of files created and received, LuxMetalCard.com does not save old files internally. Files attached to orders will be removed 1 month after the file is uploaded. All Clients are responsible for saving all completed design files themselves, and LuxMetalCard.com will not be held accountable for any missing files after the allotted time frame has passed.
4.1 WEBSITE POLICY AND COPYRIGHT
LuxMetalCard.com reserves the right to do any of the following at any time without notice: a) modify, suspend, or terminate operation or access to any or all portions of the LuxMetalCard.com website for any reason, and b) to interrupt the operation of any or all portions of the www.LuxMetalCard.com website as necessary to perform routine or non-routine maintenance, updates, error corrections, or any other changes. All content included on this site such as graphics, text, logos, button icons, images, digital downloads, photographs, data compilations, templates, etc are the property of LuxMetalCard.com, with copyright ownership for this collection belonging exclusively to LuxMetalCard.com and are protected. It is unauthorized and strictly prohibited to retain, copy, distribute, publish, or use any portion of the content shown except as expressly allowed in these Term and Conditions. The Client may not use the www.LuxMetalCard.com website to engage in any unlawful activity or infringe upon the rights of LuxMetalCard.com itself or its employees. Furthermore, it is understood that the Client will not a) modify, republish, upload, post, transmit, sell or distribute in any way any website content without prior written consent of LuxMetalCard.com; b) translate, reverse engineer, decompile, or disassemble the content of the website; c) remove any proprietary notices or labels on the website content; d) violate, plagiarize, or infringe on the rights of any third party including but not limited to: copyright, trademark, privacy or publicity, contract, or other personal or proprietary rights; e) interfere with the operation of the website in any way, or interfere with anyone’s use or enjoyment of the website, or use the website to gain unauthorized access to other computer systems; f) transmit any unlawful, harassing, libellous, defamatory, abusive, threatening, or harmful materials of any kind or nature, or transmit any material that encourages conduct that could constitute a a criminal offence, give rise to civil liability, or otherwise violate any applicable local, provincial, state, national, or international laws or regulations; g) impersonate any person or entity on or through the website; h) post any content that may be considered threatening, abusive, vulgar, obscene, or otherwise objectionable; i) copy, reproduce, modify, sell, lease, scrape content from or aggregate, sublicense, market, or otherwise change or commercially exploit in any way the website other than as may be expressly permitted in writing by LuxMetalCard.com. The Client also agrees that any copy of the website or website content that they are permitted to make under the Terms and Conditions shall retain all copyright and other proprietary notices in the same form and manner as on the original.
4.2 CLIENT INFORMATION
LuxMetalCard.com collects information from a Client such asbut not limited to: name, address, email, phone number, etc. in order to provideaccurate and timely service, as well as to process payments and complete validshipping documentation. Client information is used internally withinLuxMetalCard.com, and will not be sold, traded, or otherwise transferred to outsideparties. This does not include trusted third parties who assist in website operationor any party assisting with conducting the business or providing service to theClient. Any party that identifiable client information is shared with is inagreement to keep said information confidential. LuxMetalCard.com may release aClient’s information in a case where it is necessary to comply with the law, toenforce any company policies, or to protect the company or another’s rights,property, or safety. Non-personally identifiable client information may be providedto other parties for marketing, advertising, or other uses.
4.3 BUSINESS CARD PHOTOS
LuxMetalCard.com occasionally uses photos of client cards on our website. If the client does not want their cards to be showcased online, they must inform the LuxMetalCard.com orders department during proofing.
LuxMetalCard.com does not accept any liability for any direct, indirect, or consequential business loss or damage to the Client or the Client’s business. This includes but is not limited to: any loss of data, profit, or revenue (whether direct or indirect) in relation to the purchase of any LuxMetalCard.com products or services. Additionally, LuxMetalCard.com does not accept any liability for damages or loss to the Client arising from a third party claim, a delay of delivery, as well as any damages sustained in connection with viewing, using, or the performance of the website or its contents.