Terms and Conditions
for Provision of Products and Services

Issued December 01, 2011

These Terms and Conditions for Provisions of Products and Services (the "Terms") govern the provision of any product or service from Boutique Prints.

At Boutique Prints, we are commitment to excellence we are thankful for the opportunity to have a part in your family's special occasions.  It is this commitment to excellence that sets us apart from the rest of our competitors.

We understand that sometimes things change. If you need to cancel your order, please let us know as soon as possible. If you would like to place a reorder, please phone our customer service department to discuss your options.

We strive to offer you the best possible customer service available. If you are unhappy with your purchase for any reason, contact us within 5 days of receiving your order and we will be happy to arrange a refund, less applicable fees.

Customizations
    We take pride in providing you with high quality, personalized stationery. To that end, If you cannot design the card (or do not want to), just contact us to discuss custom designing options. You can speak directly with an artist at no charge to determine if a custom design the right solution for your needs.


Proofs
    Boutique Prints specializes in express printing.  Since our customers use our online editing software each order is unique.  If you purchase a customized product from Boutique Prints; you, the customer, are responsible for the customizations and accuracy of the order art. WHAT YOU SEE IS WHAT YOU GET.  Please double check all spelling, content, alignment, colors, cropping and aesthetics relevant your order.  Although you can change or cancel your order; cancelation fees and reprint fees will apply depending on the production status of your order.  

Customization Design Charges
We charge a custom design fee starting at $45 in addition to any normal printing costs.


Cancelizations
Boutique Prints charges a $20 fee for changing or canceling your original design after your order has gone through our production process.


If you'd like to submit text or names in a language other than English, or if you'd like to add a personal crest to your design, you can include this information by submitting an EPS, PDF or AI file. Please note the following restrictions:

    We cannot accept Microsoft Word documents for this type of project due to font licensing restrictions. Similarly, we cannot convert Word documents to PDF files for you.
    You can convert your own Microsoft Word document into a PDF using a plug-in found at adobe.com.
    The text in your file must be aligned as you would like to see it printed on your cards.
    Crests that distract from the intent of the original design cannot be used.
    Crests that contain heavier graphics are recommended for enclosure cards only.

Legal Responsability
Customers assume all legal responsibilities for the images and other information they submit. All of these types of files will be evaluated by our professional designers on a case-by-case basis.


Restrictions:
    Please note that, due to copyright laws, graphics from one card cannot be added to another card. Similarly we cannot add clipart or images submitted by a customer to any cards.


Reorders
    If you would like to purchase additional quantities of your order, please contact our customer service specialists at (972) 272-7764. We will be happy to process your reorder at the list price.


Reordering with Customizations

    If you placed your order within the last 45 days, we will still be able to access your project files so customization fees will not apply.
    If you placed your orders more than 45 days ago, we will no longer be able to access your project files. A new order must be created and customization fees will be applied to your reorder.

Refunds & Reprints
Refunds

We will make every effort to process your order efficiently. However, in the event that:
    You are unhappy with your purchase for any reason, contact us within 5 days of receiving your order and we will be happy to the details of a refund, less applicable fees.
    Your order arrives 30 days late due to an error on our end or by one of our couriers, we will refund the entire cost of your order, including shipping.
    Your package was shipped incorrectly and will miss the latest delivery date listed on your confirmation page, we will upgrade to method higher level of shipping at no cost to you, or refund your shipping costs.
    You selected rush processing or overnight shipping but your package was shipped using ground shipping, we will refund your extra fees and the difference in shipping costs.
    You choose to proceed with a photo that our specialists have recommended against and you are unhappy with the final product, we will not offer a refund.

Note: Applicable fees are defined as shipping, customization, cancellation and rush fees if they apply, upon receiving your entire returned order.
Reprints


Additional disclaimer
The Boutique Prints logo is featured on the back of all of our cards.

Materials Submitted by Customer
Any materials submitted by you, including (without limitation) photographs, images, text, graphics and other materials (collectively, "User Submitted Materials") are subject to the following terms and conditions:

    You will retain ownership of such User Submitted Materials, and you grant Boutique Prints and its designees a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense (through multiple tiers), to use, reproduce, distribute (through multiple tiers), create derivative works of and publicly display such User Submitted Materials solely in connection with the provision or production of any product or service by Boutique Prints.
    You represent and warrant that you own or otherwise possess all necessary rights with respect to the User Submitted Materials, and that the User Submitted Materials do not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trade secret right or other intellectual property or property right of any third party, and that the User Submitted Materials are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable.
    None of the User Submitted Materials will be subject to any obligation of confidentiality, attribution or otherwise on our part or on the part of any of our assignees, sublicensees or designees, and neither we nor our assignees, sublicensees or designees will be liable for any use or disclosure of any such User Submitted Materials.
    You agree that we may (but are not obligated to) filter any User Submitted Materials (including, without limitation, deleting or replacing expletives or other harmful or offensive language), alter or refuse to use any User Submitted Materials (including, without limitation, suspended processing and shipping of any order relating to any User Submitted Materials) and/or disclose any User Submitted Materials and the circumstances surrounding the use thereof, to any third party in order to provide the applicable products or services, to protect ourselves or our affiliates, distributors, partners, licensors or other third parties, to comply with legal obligations or governmental requests, or for any other reason or purpose.
    You agree to indemnify and hold Boutique Prints and its directors, officers, shareholders, employees, consultants, agents, representatives, affiliates, distributors, partners, licensees, producers, manufacturers and third party users harmless from and against any and all claims, liabilities, causes of action, damages, losses and expenses (including, without limitation, attorneys' fees) that arise directly or indirectly out of or from: (i) your breach of these Terms, any other agreement or terms of use with Boutique Prints and any representation or warranty contained herein or therein; (ii) your User Submitted Materials; and/or (iii) your activities in connection with obtaining any products or services from Boutique Prints.

Disclaimer of Warranties

EXCEPT FOR THE EXPRESSED WARRANTIES CONTAINED IN THESE TERMS, THE PRODUCTS AND SERVICES, INCLUDING ALL MATERIALS INCORPORATED THEREIN, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BOUTIQUE PRINTS AND ITS AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NOTE: APPLICABLE LAW MAY NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NO STATEMENT OF Boutique Prints OR ANY OF ITS EMPLOYEES, AGENTS, REPRESENTATIVES, DISTRIBUTORS OR OTHER THIRD PARTIES, SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS.
Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER BOUTIQUE PRINTS NOR ANY OF ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES, DISTRIBUTORS OR PARTNERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF DATA), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE PROVISION OF PRODUCTS OR SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SERVICES IS TO STOP USING THE SERVICES, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH PRODUCTS IS TO OBTAIN A REFUND THEREFORE IN ACCORDANCE WITH THE TERMS OF THESE TERMS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF BOUTIQUE PRINTS ARISING OUT OR IN CONNECTION WITH THE PROVISION OF OR FAILURE TO PROVIDE ANY PRODUCTS OR SERVICES SHALL BE THE ACTUAL PRICE PAID THEREFORE BY YOU. NOTE: SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Other Terms and Conditions

These Terms are governed by and construed in accordance with the laws of the State of Texas. You agree to submit to the exclusive jurisdiction of any State or Federal court and waive any jurisdiction, venue or inconvenient forum objection to such courts. If any provision of these Terms shall be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision shall be enforced to the maximum extent possible, or, if incapable of such enforcement, shall be deemed to be deleted from these Terms, and the remainder of the Terms shall remain in full force and effect. No waiver by Boutique Prints to any default of yours shall be deemed a waiver of any preceding or subsequent default. No delay or omission of Boutique Prints to enforce any right or remedy shall be deemed a waiver of that right or remedy. These Terms constitute the entire agreement between you and us regarding the subject matter herein, and supersedes all other prior or contemporaneous oral or written agreements. These Terms may not be assigned, sublicensed or subcontracted by you without our prior written consent. These Terms may be modified from time to time by Boutique Prints, and your order of any products or services following such modification shall be deemed your acceptance of these Terms as so modified.

If you have any questions regarding these terms, please contact: custservice@boutiqueprints.com.

BY ORDERING PRODUCTS OR USING SERVICES, OR BY OTHERWISE INDICATING ACCEPTANCE OF THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND REVIEWED THESE TERMS IN THEIR ENTIRETY, YOU AGREE TO THESE TERMS, AND THESE TERMS CONSTITUTE BINDING AND ENFORCEABLE OBLIGATIONS TO YOU.