Terms and Conditions

Updated January 2nd, 2017

Overview

Owned by The WilderWay LLC, PufferPrint publishes this website to give you access to online on demand print shop services at a price and quality that is unbeatable. This agreement governs your use of this website and your purchase of services and product through this website.

By using the PufferPrint website, requesting additional information, making a purchase or otherwise interacting with PufferPrint, you are agreeing to be bound by these terms and conditions.

The following provisions are specific to your access to this website.

Definitions

“PufferPrint,” “us,” “we,” “printer,” “company,” “our,” and similar terms refer to PufferPrint, owned by The WilderWay LLC, a Delaware limited liability corporation.

“Customer,” “you,” “client,” “purchaser” and similar terms refer to the customer for whom products or services are rendered.

“Printing,” “printed items,” “printed goods,” “project,” “order”, “books” or related terms refer to physical goods reproduced on paper using any of a variety of methods, including but not limited to ink or toner, and may refer to those goods in digital, non-printed state, unbound state or any other condition, as well as the non-physical services associated with producing such goods.

“Materials,” “files” or similar terms refer to any material, whether digital or physical, provided by customer to PufferPrint in connection to services and goods rendered. This includes, but is not limited to, photographs, illustrations, imagery, text, layouts and associated notes and specifications.

“Production, “printing,” “production process” and related terms refer to any part of the preparation, manufacture or finishing of printed goods, including portions that do not result in the creation of any digital files or physical goods.

PufferPrint or customer may provide signatures, quotations, authorizations or other acknowledgments in electronic format. In all cases, these shall be considered “written” notice and be considered legally binding, to the maximum extent allowed by law, as if they were physically signed, generated or submitted.

Specific Terms

Terms Relating to Online Printing Services

This agreement incorporates by reference a series of policies specific to PufferPrint’s delivery of online printing services. Those policies are as much a part of this agreement as if they were stated directly in the text.

Terms Relating to Currency, Taxes and Fees

All payments will be denominated in U.S. dollars and subject to current conversion rates as determined by the issuing financial institution. Payments received from foreign accounts may be subject to transaction or other fees, which are the responsibility of the customer.

The customer, not PufferPrint, shall be fully responsible for identifying and paying any and all taxes, import fees, tariffs, duty fees, GST, VAT or any other fees or charges levied by governmental or quasi-governmental bodies. Such fees are not included in any pricing unless specifically indicated on the accepted quotation. PufferPrint reserves the right to charge the customer’s payment method on file for any charges incurred related to the customer’s project at any time, including after the project is completed. In some cases, PufferPrint may submit or otherwise transfer such fees to a governmental or quasi-governmental body but is not responsible if such filing is lost, misdirected or rejected. If this occurs, customer may be responsible for paying the fee directly to the body in question. In such cases, PufferPrint reserves the right to not issue a refund for the cost of such fees unless required by law.

Terms Relating to Material and Method Selection

All orders will be produced using industry standard equipment, materials and practices. PufferPrint reserves the right to determine or modify the materials, equipment and practices used to produce each order as long as it does not materially differ from the final, accepted quotation.

Terms Relating to Shipping

PufferPrint is not responsible for incorrect or inaccurate shipping addresses provided by customers. Orders that need to be reshipped, redelivered or rerouted due to an incorrect or inaccurate shipping address supplied by the customer will result in additional charges.

Many of the orders shipped by PufferPrint are very large and heavy. Therefore, the delivery driver may, at his or her discretion, decline to leave the packages unattended at your address. Therefore, we urge you to consider using a shipping address where someone is available to accept the delivery during normal business hours. Most carriers will make multiple attempts to deliver the shipment before returning it to us. In the event a shipment is returned to us due to the maximum delivery attempts being exceeded, the customer will still be responsible for the full cost of the order, plus any redelivery fees.

If items arrived damaged due to shipping, please contact PufferPrint as soon as possible to arrange for replacements. PufferPrint may require you to assist in providing documentation of damaged goods in order for us to file applicable claims with our carriers.

PufferPrint does not guarantee delivery dates on any orders. The delivery window given to you is an estimate only and orders may arrive before, within or after those dates and may be subject to delay due to a variety of reasons, including but not limited to weather, labor fluctuations, market conditions and government inspections or delays.

Terms Relating to Subject Matter Content

PufferPrint may decline to produce any order at any time and for any reason and without providing notice as to that reason. In the event an order is declined by PufferPrint, a full refund will be issued.

PufferPrint does not print pornography, obscenity or intensely violent, graphic or sexual images. Further, PufferPrint will not print projects with excessive profanity or projects that contain content that attacks or demeans a group based on race or ethnic origin, religion, disability, sex, gender or any other group protected by law or projects that contain purposefully misleading information.

PufferPrint will not produce orders where the subject matter content may be forbidden, regulated or restricted by local, state, federal, Chinese or international laws. PufferPrint cannot offer official advice or counsel on such matters and acceptance of any order by PufferPrint does not signify any endorsement or certification that the content is or is not in violation of any laws or regulations.

In the event any order is seized by governmental or quasi-governmental bodies due to violation of international, national, state, provincial or local laws, the customer, and not PufferPrint, is fully responsible for the materials, including the full cost of the materials and any fines or legal actions imposed. Orders returned to PufferPrint due to violation of laws or regulations are not eligible for refunds.

Certain industries or professions may be required, by international, national, state, provincial or local law, to list certain licensing, certification or registration information on printed materials. PufferPrint is not responsible for determining if such listings are required or recommended and cannot offer advice or counsel on the subject. Further, PufferPrint is not responsible for the omission of any such listings.

Terms Relating to Color Matching and Shifting

PufferPrint can never absolutely guarantee color accuracy. In addition, PufferPrint is not responsible for files submitted in the RGB color space and will automatically convert the color profile to CMYK, which will cause some colors to change.

Terms Relating to File Uploads

By uploading, submitting or otherwise transmitting files to PufferPrint, you certify that the files are virus free and do not contain any malicious code or functionality and that all files uploaded are related to your project and are required to print the project. Sharing or linking to file paths of file uploads, including but not limited to “hot linking,” is strictly prohibited, except as necessary to review and approve proofs and PufferPrint reserves the right to bill customer for bandwidth costs for file access that is not, in PufferPrint’s sole and final decision, related to the review and approval of files. PufferPrint reserves the right to remove or rename uploaded files at any time, for any reason and without notice.

Terms Relating to Proofs

PufferPrint normally provides customers with “soft proofs,” which are electronic PDF files that show the final layout of the project, trim and fold locations and other information for the customer’s review and approval. These proofs should only be considered an approximation of the final printed appearance. Your project will be produced to match the proofs as closely as possible, but are subject to standard industry deviations. Specifically, soft proofs provided by PufferPrint should never be considered a fully accurate representation of color reproduction, due to the wide variety of hardware and software settings outside of PufferPrint’s control.

By providing any PufferPrint representative with a written or verbal approval of the proof, you consent that you are providing the equivalent of an electronic signature indicating your approval of the proof. Changes after receipt of approval may result in additional fees.

PufferPrint can offer hard copy proofs for an additional fee, but this is not included in your quote unless specifically listed. We cannot guarantee color matching or accuracy, even when hard copy proofs are ordered.

PufferPrint respectfully asks that files be fully proofread and checked for errors in content and design prior to submitting them to PufferPrint. PufferPrint reserves the right to limit the number of proofing cycles provided at no charge if the customer makes repeated changes or corrections to the text, images or layout that require additional proofs. Additional proofing may be billed at a rate of $50 per hour, which is subject to change. PufferPrint reserves the right to place projects that have exceeded three proofing cycles due to customer initiated changes in a lower priority queue that will be processed after other projects. PufferPrint is not responsible for delays to projects, including significant ones, that are the result of repeated customer changes. Customers will not be charged or penalized if a proof cycle is the result of an error on PufferPrint’s part, but PufferPrint reserves the right to make the sole and final decision as to what constitutes an error on its part.

PufferPrint does not warrant that proof files provided to customers are error or virus free or free from malicious code or functionality.

Terms Relating to Copyright and Intellectual Property

You, and not PufferPrint, retain the copyright, trademark and any other intellectual property rights to the materials or projects submitted to us for printing. PufferPrint assumes the role of manufacturer only and does not serve as a publisher or agent.

By submitting your project to PufferPrint, you fully warrant and represent, the maximum extent permitted by law, that your materials do not infringe upon the intellectual property rights of others, including any international rights. It is your responsibility, not PufferPrint’s, to ensure all materials are in full compliance with such laws. PufferPrint reserves the right to request proper documentation for any or all material that demonstrates customers have receive proper authorized for the reproduction of the intellectual property of others. In the event any or all of a project is found to be in violation of the intellectual property rights of others, you, and not PufferPrint, assume all responsibility for such materials, even if PufferPrint requested proof of authorization and approved the project for printing.

Terms Relating to Country of Origin Statements

PufferPrint will, at is sole discretion and without additional customer approval, add a country of origin statement to every project unless it is properly included in files provided by the customer. The location and size of this statement will be selected by PufferPrint to best conform with applicable international law.

If customer wishes to retain control over the location, size and styling of country of origin statement, it should be provided upon original submission of the files prior to the start of production. Once production has started, additional fees will apply to make changes to the country of origin statement.

If customer supplied location, size or other factors does not comply with international law, PufferPrint reserves the right, at its sole discretion, to adjust, move or add the statement without additional approval from customer.

Terms Relating to Samples

PufferPrint reserves the right to print additional copies a customer’s project at its cost, without notice or compensation to customer, and use those copies as samples to be shared with potential or existing customers, including in public forums. PufferPrint may, at its sole discretion, modify a customer’s project for this purpose. PufferPrint will mark such samples as “not for retail sale” but cannot be responsible for the sale or trade of the sample once it is out of its possession. PufferPrint reserves the right to utilize, without compensation, a customer’s name, both personal or organizational, on lists of clients provided to potential or existing customers, including in public forums. PufferPrint may also use photographs or other graphical representations of customer projects as examples provided to potential or current customers, including in public forums. By printing with PufferPrint, you are granting PufferPrint a perpetual, transferable, royalty free and exclusive right to use samples of your project, your name and images of your project for the purpose of marketing printing goods or services.

Terms Relating to Defective Units

As with all forms of commercial manufacturing, there is a chance that a small portion of an order may contain defective units.  As long as more than 98% of delivered copies are not defective (defect rate of under 2%), the order shall be considered complete.  If the defect rate is more than 2%, PufferPrint may issue a prorated refund proportional to the number of defective items or reprint and ship, at its cost, additional copies equal to or greater than the number of damaged items. PufferPrint reserves the right to opt to issue a prorated refund, rather than reprinting, on any order, but especially those where only a small portion of items are damaged. PufferPrint reserves the right to request documentation of any or all defects as a condition of refund or reprinting and to fully investigate claims it believes to be fraudulent or unfounded. PufferPrint cannot be responsible for any losses, direct or consequential, the result from the failure to deliver non-defective products by a certain date.

Terms Relating to Quotations and Change Orders

PufferPrint guarantees the product price and delivery fees listed on all quotations issued by PufferPrint for a period from the date indicated on the written quotation for the party and project named, even if published prices or its costs change. In order for the quotation to be valid, all specifications must remain identical to the quotation provided and the order must be from the party and project named on the quotation. Any change to any aspect of the quoted specifications, customer name or project name or description will cause the entire original quotation to be rendered void and PufferPrint reserves the right to adjust pricing to current rates, including pricing on aspects not directly affected by the change requested by customer. PufferPrint reserves the right to completely decline to print any project at any time for any reason, including quotations that are still valid. PufferPrint reserves the right to correct quotations that are the result of typographical or technical errors.

Quotations from PufferPrint are considered confidential and privileged communication between customer and PufferPrint and may not be shared with any third parties or published in any form without written permission from PufferPrint.

PufferPrint reserves the right to charge customers for increases in government imposed fees, taxes, tariffs, duty fees or other fees or costs imposed by governmental or quasi-governmental bodies.

If customer wishes to make changes to an order after accepting a quotation, a written change order must be submitted and accepted by PufferPrint. Verbal quotations and change order requests are never guaranteed.

In some cases, PufferPrint may provide a written or verbal “budgetary estimate” for a customer. The prices listed on such estimates are not guaranteed and are subject to final adjustment or change.

Terms Relating to Client Communication

After an order is placed, the customer must provide timely response to all PufferPrint email messages, telephone calls or other communications. Customer acknowledges that failing to provide timely responses to inquiries can significantly delay the production process and delivery window.

In the event PufferPrint does not receive communication from customer for 14 or more calendar days, the project will be considered abandoned, all funds received forfeited by customer and PufferPrint may, at its sole discretion, decide whether to resume the order or not.

If PufferPrint has alerted customer, via email or telephone of potential issues with the files provided for a project and customer does not respond within 7 calendar days, PufferPrint may, at it sole and final discretion, print the project “as is,” which will typically result in less than ideal results and will void customer’s right to refund or reprint.

PufferPrint reserves the right to determine the contact method for any and all client contact that it deems, in its sole and final opinion, to be the most effective, even if client requested particular contact method. PufferPrint may also change how it contacts customers at any time and without notice. Customers are required to maintain a valid and working email account and telephone number for the duration of the project. All customers consent to electronic notification for any and all client communications. PufferPrint is not responsible for lost, damaged or misdirected messages or messages inadvertently flagged as “spam” or junk. For the duration of the project, customer should carefully monitor his or her voicemail box, as well as all folders in his or her email account, including “spam” or junk mail folders and provide a timely response to any inquiries from PufferPrint representatives. It is the customer’s responsibility to return any and all messages left by PufferPrint.

Terms Relating to Digital Files

PufferPrint is not responsible for maintaining backup copies of any files submitted by customers or for the damage, corruption or loss of any files submitted by customers.

Terms Relating to Returns and Refunds

Due to the custom nature of our products, refunds are only issued for orders that materially differ from the accepted, written quotation or written change order or approved proof or that arrive damaged. If a portion of an order arrives damaged, PufferPrint may issue a prorated refund proportional to the number of damaged items or reprint and ship, at its cost, additional copies equal to or greater than the number of damaged items. PufferPrint reserves the right to opt to issue a prorated refund, rather than reprinting, on any order, but especially those where only a small portion of items are damaged. PufferPrint reserves the right to request documentation of any or all damage as a condition of refund or reprinting and to fully investigate claims it believes to be fraudulent or unfounded. PufferPrint cannot be responsible for any losses, direct or consequential, the result from the failure to deliver non-damaged products by a certain date.

Full refunds will be issued to orders that PufferPrint declines to print or cancels for any reason.

PufferPrint, may, at its option, request you return items that have been refunded, at PufferPrint’s expense, or dispose, donate or recycle them.

If customer cancels an order before printing begins, PufferPrint may, at its sole and final discretion, issue a refund. In these cases, PufferPrint reserves the right, at its sole and final discretion, to deduct charges equal to $50 per hour spent on preparing order for press as well as any other direct expenses already incurred from the total refund amount.

PufferPrint generally issues refunds immediately, but the refund may not appear in the customer’s payment account for one to two billing cycles. PufferPrint is not responsible for the time it takes for funds to be returned to customer by financial institutions. Refunds issued by check may require 2 to 3 weeks for processing.

PufferPrint will not, under any circumstances, refund orders that are refused for delivery by the customer without written authorization from PufferPrint.

In no case shall any refund issued be for more than the total purchase and shipping cost originally charged.

Warranties, Indemnification and Limitations on Your Right to Recover

This section contains important limitations to your rights to recover damages from PufferPrint in the event of a dispute.

You Indemnify PufferPrint and its Agents

You shall indemnify and hold harmless PufferPrint and its agents against all claims arising out of or related to your breach of this agreement. You shall indemnify PufferPrint and its agents against all claims arising out of or related to any content you submitted for printing. You shall pay reasonable legal fees and expenses in connection with the above indemnification. PufferPrint’s agents include its directors, officers, shareholders and employees.

Your Warranty of Non-Infringement

You warrant that you are either the owner of all rights in material you submit to PufferPrint, or that you are authorized by the owner of the material to print or distribute material you submit to PufferPrint for processing. You further warrant that your intended use of such material will not infringe any right of the owner of such material.

Disclaimer of Warranties of Functionality of the Website

PufferPrint disclaims any warranty that your use of the website will be uninterrupted, timely, secure or free from error. PufferPrint disclaims any warranty that information on the PufferPrint website will be accurate or reliable. PufferPrint disclaims any warranty that defects in the website will be corrected.

Limitation of Liability

You use this website and PufferPrint products and services at your own risk. PufferPrint will not be liable for damages arising from or related to your use of the PufferPrint website or from your use of products purchased via the PufferPrint website, regardless of the form of action, whether in contract, tort, strict product liability or any other theory of damages, even if you have been advised of the possibility of such damages.

Arbitration

As the exclusive means of resolving any disputes arising out of or relating to this agreement, you may submit any such dispute to arbitration administered by the American Arbitration Association under its commercial arbitration rules, and you consent to any such dispute being so submitted. Judgment on the award rendered in any such arbitration may be entered in any court having jurisdiction.

Attorney’s Fees

PufferPrint is entitled to recover from you reasonable costs and attorney’s fees it may expend in representing itself in a dispute with you arising out of or relating to this agreement, whether such dispute is adjudicated in a court or arbitrated.

Claim Limitation

Any claim you may have against PufferPrint arising out of or related to this agreement is barred if not initiated within one year of the act that you claim caused the damage that leads to the dispute, irregardless of when such act or such damage is discovered.

General Agreement Clauses

The following clauses address miscellaneous issues that may arise during the existence of this contract.

Assignment of Rights and Delegation of Duties

You may not assign the rights granted to you by this agreement or delegate the duties assigned to you by this agreement without PufferPrint’s prior written consent. In the event you attempt to assign your rights or delegate your duties, any purported assignment or delegation is void.

PufferPrint may assign the rights granted in this Agreement or delegate the duties it assumes under this Agreement at any time without notifying you or obtaining your consent.

Waiver

No provision in this Agreement may be waived. Neither trade usage nor a course of dealings between PufferPrint and you will operate as a waiver of a provision of this agreement.

Applicable Law

The laws of the State of Delaware, without regard to its law about the conflict of laws, governs this agreement and any dispute arising out of or related to it.

Entire Agreement

This document, and the documents linked to from it, constitute the sole expression of your agreement with PufferPrint. The provisions of this agreement cannot be explained or modified orally or through evidence of trade usage or a course of dealings. No provisions of this agreement may be added or deleted orally or through evidence of trade usage or a course of dealings.

Severability

If any provision of this agreement is judged unenforceable the remaining provisions of this agreement remain in full force, if the essential terms of this agreement remain enforceable.

Venue

The courts in the State of Delaware, either Federal Courts or State Courts, are the only venues in which a suit arising out of or related to this agreement may be adjudicated, with the exceptions that judgment on an award in arbitration of this agreement may be entered in any court having jurisdiction.

Contacting PufferPrint

You may directly email us at business (at) pufferprint.com.