We cannot guarantee shipping by Christmas! Please be aware! We are doing our best to process orders as soon as possible. We will process them in order of when we receive them. Thank you for your patience!
TERMS AND CONDITIONS These terms and conditions (this "Agreement" or "Terms") are a legal agreement between each user (“you”) of the website located at https://xioprints.com/ (“Site”) and XioPrints LLC ("XioPrints"), a Wisconsin company.
XioPrints offers the Site, including all information, tools, and services available on the Site to you conditioned upon your acceptance of the Terms. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the Terms, then you must not use the Site.
Any new features or tools which are added to the Site are also subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to the Site. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - GENERAL TERMS
By agreeing to these Terms, you represent that you are at least 18 years old and you have given us your consent to allow any of your minor dependents to use the Site.
You may not use our products or Site for any illegal or unauthorized purpose.
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason with or without giving you prior notice and you agree that we will not be liable to you or any third party for taking any of these actions:
1. Restrict, suspend, or terminate your access to all or any part of our Site.
2. Change, suspend or discontinue all or any part of our products or Site.
3. Refuse, move, or remove any content that is available on all or any part of our Site.
4. Deactivate or delete your accounts.
5. Establish general practices and limits concerning use of our Site.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site, use of the Site, or access to the Site or any content on the Site, without express written permission by us. We do not grant you any licenses, express or implied, to the intellectual property of XioPrints or our licensors except as expressly authorized by these Terms.
By agreeing to these Terms, you grant XioPrints a worldwide, perpetual, royalty-free, and non-exclusive license to upload, use, and display any images or content submitted by you to XioPrints on its official social media platforms and other marketing channels, for the purposes of marketing, advertising, and promotional activities.
SECTION 2 - YOUR ACCOUNT
To purchase services or goods from us you must create an account on the Site. Once you create an account with us, you are registered on the Site. The terms "member," "membership," and "account" all refer to this registration.
When you create an account, you will provide a unique username and email. We will also ask you to create a password. You may not assign or transfer your account to any other person or entity.
You may cancel your account at any time by submitting a request to XioPrints via email at mel@xioprints.com.
SECTION 3 -CANCELLATIONS & REFUNDS
Cancellations and refunds may only be made prior to the time production of your items begins, which can vary from a few hours to a few days. XioPrints will replace products that are incorrect due to manufacturing defects or errors.
You must send us an email within 7 days from the delivery of your items with a description of the problem and pictures of the defects or errors.
XioPrints does not provide refunds at any time for the following reasons:
1) Color matching: Digital colors and printing colors are different. We encourage all customers to purchase samples and use the color chart to compare colors before making a purchase.
2) Did not turn out how you had hoped: If the product has no flaws or defects due to manufacturing, it is ineligible for return. Simply not liking the product is not reason enough. We encourage all customers to purchase samples before ordering in bulk. We encourage you to ask questions and to consider the design carefully before approving it.
SECTION 4 – REVISIONS & ADDITIONAL CHARGES
XioPrints will revise your design up to 3 times for no additional charge. You may request additional revisions; if XioPrints agrees to further revisions, they will be quoted at a rate of $25 per hour and payment must be made in full before the items are produced and shipped. Any requests you make for file edits or resizing will be subject to an additional charge of $10 per file and payment must be made in full before the modified files are provided to you.
SECTION 5 – RETURNS
XioPrints does not accept returns.
SECTION 6 - CONDUCT
All content you upload to the Site is your responsibility. You must ensure that you have the right to use the content you upload and doing so will not violate the rights of anyone else.
You must not use the Site in a manner that is intended to or has the effect of causing harm to someone else.
XioPrints reserves the right to pre-screen, refuse and/or delete any content for any reason, including that it would violate the Terms or be considered offensive to other users of the Site.
XioPrints reserves the right to access, preserve and/or disclose your account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
a) compliance with any legal process.
b) enforcement of the Terms.
c) responding to any claim that therein contained content is in violation of the rights of any third party.
d) responding to requests for customer service; or
e) protecting the rights, property, or the personal safety of XioPrints and/or its ownership, employees, users, members, or anyone else.
SECTION 7 - INDEMNITY
You agree to insure and hold XioPrints harmless for any claim or demand made by any third party which may arise from your use of the Site. You agree that this indemnification will extend to all associated costs, including attorneys fees, and will include claims or demands made of XioPrints employees, owners, agents, licensors, licensee, users, and anyone else harmed by your use of the Site.
SECTION 8 - LINKS
XioPrints may provide links to other websites and/or resources. You acknowledge and agree that we are not responsible for the availability or accuracy of any such external sites or resources. We do not endorse nor are we responsible or liable for any content, products, advertising, or any other materials, on or available from such sites or resources.
SECTION 9 - WARRANTY DISCLAIMERS
You explicitly acknowledge and agree that:
a) You use XioPrints Services and Site at your sole risk and the Services and Site are provided on an “as is” and/or “as available” basis only, and
b) XioPrints and our subsidiaries, affiliates, offices, employees, agents, partners, and licensors expressly disclaim all warranties of any kind whether expressed or implied include warranties of title, merchantability, fitness for a particular purpose and non-infringement.
SECTION 10 - LIMITATION OF LIABILITY
You explicitly acknowledge and agree that:
XioPrints and our subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential or exemplary damages. This include damages related to the loss of any profits, goodwill, use, data and/or other intangible losses even if we have been informed of the possibility that said damages may occur and even if they result from:
a) the use or inability to use our Services or the Site,
b) the cost of procuring substitute goods and services,
c) the unauthorized access to or the alternation of your transmission or data,
d) statements or conduct of any third party regarding our Services or Site and/or
e) any other matters which may be related to our Services or Site.
SECTION 11 - RELEASE
You agree to release XioPrints and its officers, directors, employees, agents, subsidiaries, and affiliates from any claims, demands and damages of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to any dispute or event that arises from your use of XioPrints Services and/or Site.
SECTION 12 - NOTICE
XioPrints may send you notices, including changes to the Terms, through various means such as email, regular mail, MMS/SMS, text messaging, postings on our website, or other reasonable means currently known or developed in the future.
SECTION 13 - INTELLECTUAL PROPERTY RIGHTS
All of XioPrints’ intellectual property, including trademarks, copyrights, trade secrets, and proprietary information and processes, names associated with XioPrints and the Services and Site are the sole property of XioPrints. You must not use XioPrints’ intellectual property in any manner without XioPrints’ prior written consent.
XioPrints may disable and/or terminate the accounts of any user who violates our Terms and/or infringes the rights of others at our sole discretion. If you feel that your intellectual property is posted on our Site or being used by someone as part of our Services in a way that violates your rights, you must contact us at mel@xioprints.com.
SECTION 14 - ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and XioPrints regarding our Services and Site.
SECTION 15 - CHOICE OF LAW AND FORUM
This Agreement and your use of the Services and Site are governed by the laws of the state of Wisconsin without regard to its conflict of law provisions. Any and all claims, causes of action and/or disputes, arising out of or relating to the Agreement and/or your use of the Service and Site must be venued in Wisconsin. ---- By agreeing to this, you agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
SECTION 16 - WAIVER AND SEVERABILITY OF TERMS
XioPrints’ failure to exercise or enforce any right or provision of the Agreement, shall not constitute a waiver of such right or provision. If any part of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions of the Agreement shall remain in full force and effect.
SECTION 17 - NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
Your account is non-transferable and any rights to your username, password, and account shall terminate upon your death.
SECTION 18 - STATUTE OF LIMITATIONS
You acknowledge, understand, and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the Agreement must be filed within 5 year(s) after said claim or cause of action arose or shall be forever barred.
SECTION 19 - VIOLATIONS
If you become award that this Agreement is being violated, you must report the violations to XioPrints via email at mel@xioprints.com.
SECTION 20 - GOVERNMENT REQUESTS
In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including and without limitation, your information, IP address, and usage history. Our right to disclose any such information is governed by the terms of our Privacy Policy.
SECTION 21 - FOREIGN ACCESS OF SITE
The Site is controlled, operated, and administered by XioPrints from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use XioPrints's content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
SECTION 22 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Site or on any related Site is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the Site or on any related Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related Site should be taken to indicate that all information on the Site or on any related Site has been modified or updated.
SECTION 23 - PRIVACY POLICY
Every member's registration data and personal information submitted to XioPrints are governed by the XioPrints Privacy Policy. As a member, you consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by XioPrints and/or our subsidiaries and affiliates.