Last Modified: March 17 2021
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING AN ORDER WITH COLORFOX.
These Terms of Sale) govern all services and products (collectively, "Colorfox Service") offered by Cinque Holdings inc., Inc. d/b/a Colorfox ("Colorfox," "we," "us," or "our") including through our websites currently located at www.Colorfox.com and www.Colorfoxpress.com and www.colorfoxfast.com through \In addition, the Colorfox Terms of Use and Privacy Policy are hereby incorporated and made a part of these Terms of Sale by this reference.
Binding Effect
BY PLACING AN ORDER WITH COLORFOX, YOU AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS OF SALE, TO WHICH WE RESERVE THE RIGHT TO MAKE CHANGES FROM TIME TO TIME, CONSISTENT WITH APPLICABLE LAW. IF YOU DO NOT AGREE TO THESE TERMS of Sale, DO NOT PLACE AN ORDER WITH COLORFOX.
General
Products offered through this Site are offered subject to availability. All prices, discounts, and promotions posted on this Site are subject to change without notice. You agree to be responsible for all orders placed using your account, username, password, or other security information. All orders must be accepted by us. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. For example, Colorfox reserves the right not to print adult content (art is accepted), copyrighted material, discriminatory material, FDA material, or money. You shall not use the Colorfox Service to violate any applicable laws or to infringe upon any third party’s rights.
Age Requirements for Purchases
Colorfox sells products only to adults, not children, who can purchase with a credit card or other permitted payment method. You must be at least 18-years-old and fully able and competent to use the Colorfox Service and purchase services and/or products from us. Those under the age of 18-years-old may use the Colorfox Service only with the involvement of a parent or guardian. By placing an order with Colorfox or by clicking on "place order," you hereby represent and warrant that you are at least 18-years-old and that you are legally able to enter into any and all purchase agreements with us and our partners, vendors, agents, and service providers.
Order Approval
You are fully responsible for the final proof and layout approval (including, without limitation, approval over your Design Services (as defined below) and Logo Services (as defined below) order(s)) prior to the confirmation and printing process. ALL approvals are final. Colorfox is NOT LIABLE for any errors in a final product caused by you or approved by you including, without limitation, any of the following reasons: misspellings, graphics, bleeds, grammar, damaged fonts, small fonts, orientation of files, punctuation, wrong cuts, incorrect or missing folds, and finished product size.
User Content
When using the Colorfox Service, you are providing us a license to User Content as set forth in the Terms of Use. You agree that you shall be solely responsible for any violations of any relevant laws and for any infringement of third-party rights caused by any User Content (as defined in the Terms of Use) that you provide or transmit to us.
You may not submit any User Content that:
You acknowledge that Colorfox does not pre-screen User Content. Colorfox and its affiliates reserve the right (but not the obligation) to remove any User Content, at any time, for any reason, in their sole discretion, including, but not limited to, when User Content violates these Terms of Sale or may otherwise be objectionable.
You further acknowledge and agree that Colorfox may preserve User Content and may also disclose User Content if required to do so by law or if there is certain belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms of Sale; (iii) respond to claims that the User Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of Colorfox, its users and the public.
We advise that you keep a copy of all User Content uploaded to Colorfox, as we will not be able to send back any of your files/content at any given time. Colorfox maintains no guarantee that User Content uploaded into our system or provided by us as a background, template or clip art asset will be available in the future. After order fulfillment, your User Content and the proofs that Colorfox sent you may be removed/deleted at any time without notice.
Design Services
As part of the Colorfox Service, Colorfox offers design services ("Design Services") to its customers. Colorfox reserves the right to refuse to accept a Design Services order/project or to cancel a Design Services order/project at any time, for any reason, in its sole discretion. You are fully responsible for the final approval of your Design Services order prior to the confirmation and printing process.
Design Services concepts will be provided to you approximately within four (4) business days from when the order for Design Services is placed provided that all necessary content and information is provided. Final designs will be delivered to you in a web preview format via email, viewable once logged into your account on the Site. Colorfox does not provide any design files. Customers will have four (4) days to request revisions upon receipt of final designs. All design delivery times are estimates, as it can vary based on the project/order. Colorfox will not be liable for any missed deadlines or delays, for any reason, and will not refund customers for this reason. Colorfox is not responsible for any late Design Services orders that may impact your project timeline and/or printing. Colorfox suggests allowing approximately one (1) month of time for Design Services projects and associated printing and shipping times.
You hereby grant Colorfox a royalty-free, perpetual, irrevocable, worldwide, transferable, non-exclusive right and license to use, reproduce, modify, adapt, edit, publish, share and display the results and proceeds of your Design Services order/project in connection with Colorfox’s internal business purposes and advertising that Colorfox was the designer of such results and proceeds.
Logo Services
As part of the Colorfox Service, Colorfox offers logo design services ("Logo Services") to its customers. Colorfox reserves the right to refuse to accept a Logo Services order/project or to cancel a Logo Services order/project at any time, for any reason, in its sole discretion. You are fully responsible for the final approval of your Logo Services order prior to the confirmation and printing process.
Colorfox does not provide any legal advice, nor has any obligation to provide any legal advice or assistance to you regarding logo usage or trademark or anything related to the logo or to your Logo Services order/project. It is solely your responsibility to determine if the logo is suitable for use and/or distribution. No information provided by Colorfox in connection with your Logo Services order/project constitutes legal advice.
Logo Services concepts will be provided to you approximately within four (6) business days from when the order for Logo Services is placed provided that all necessary content and information is provided. All design delivery times are estimates, as it can vary based on the project/order. Colorfox will not be liable for any missed deadlines or delays, for any reason, and will not refund customers for this reason. Colorfox is not responsible for any late Logo Services orders that may impact your project timeline and/or printing.
You hereby grant Colorfox a royalty-free, perpetual, irrevocable, worldwide, transferable, non-exclusive right and license to use, reproduce, modify, adapt, edit, publish, share and display the results and proceeds of your Logo Services order/project in connection with Colorfox’s internal business purposes and advertising that Colorfox was the designer of such results and proceeds.
Customer Submitted Artwork or Graphics
All artwork or designs and images submitted by you must be provided in CMYK format, excluding products labeled otherwise (more information available on product details and file set up tabs). Colorfox is not responsible for any color shift that occurs in conversions from RGB to CMYK color modes or converting from CMYK to RGB. Further, Colorfox is not responsible for PANTONE® Matching System (a system provided by a third party service provider) causing colors to drop out or convert to incorrect colors when converted to CMYK.
All artwork, designs and images submitted by you must be provided in a minimum of 350 DPI and CMYK color mode (unless otherwise stated).
Additional fees may apply for files larger than 30MB. Colorfox is not responsible for images printed as fuzzy, distorted or pixelated due to you providing Colorfox a low-resolution, RGB or otherwise incorrectly-prepared artwork, design and/or image. Further, Colorfox is not responsible for overprint designs or non-flattened files printing in error. Colorfox is not responsible for production delays for any reason, including any delays caused by customer file errors or by customers requesting or needing to re-upload files due to not meeting proper print specifications.
Color Proofing, Matching & Printing
Colorfox is not liable for color matching or ink density on screen proofs approved by you. Screen proofs will predict design layout, text accuracy, image proportion, and placement, but not color or density. Colorfox will use commercially reasonable efforts to match the gradient density of each color, but Colorfox is not liable for the final appearance of a color.
Please be aware that the application of High Gloss UV Coating may affect or change the appearance of printed colors. Colorfox is not liable for the final color appearance of any High Gloss UV-coated products.
Please note that because our letterhead and envelope paper stock is "uncoated", we do not recommend using colors with high color density. By this, we mean dark colors (black, purple, blue, brown, etc). Dark colors tend to get soaked into the paper if their color values are too high. For best results, use light colors.
Colorfox may use gang-run printing to fulfill its orders. Gang-run printing is the process by which multiple (and different) customer jobs are combined on a large print sheet and are run at the same time. For example, we lay out 65 different customer business cards and postcards on one gang-run sheet, and run the sheet 1000 times to get 65 sets of 1000 cards. Each card set is a different card. This process allows us to spread the expensive initial setup cost of running a full-color offset print run among 65 customers.
We cannot guarantee the facility in which your order will be printed. In the case of a mechanical issue in one of our facilities, we may print your order in another facility to ensure you receive your order in a timely manne
Product Safety
Certain products such as car magnets are for surfaces that contain ferromagnetic materials like iron and things that contain iron, such as steel. Colorfox is not liable for any damage to vehicles when using such products. Please be aware that stickers and roll labels have not been approved for safety for use on food packaging or for direct contact with food. Do not apply stickers and roll labels to already frozen materials.
Payment
Important: Your order will not be processed until payment is received in full.
Credit Card Charges
Orders of $600 or greater may require an authorization form and a copy of credit card and driver license (a valid photo ID). All orders above $5,000.00 must be paid by cashier's check, money order or wire transfer (please contact the accounting department for ABA information).
Checks
Please be advised that we do not accept checks from first-time customers. If you have any questions, please email us at [email protected] or contact our accounting department.
Sales Tax
Please be notified that sales tax may apply to your order(s) unless you qualify for sales tax exemption. Please see our Sales Tax FAQ for further information.
Additional Fees for Processing 2nd Proof
The first DIGITAL proof for each order is free (included in the printing price). Replacing any files after the first proof has been sent will result in additional charges of up to $30 for each file replacement, as files would have to be reprocessed. The reprocessing fee will vary depending on the type and complexity of the product.
Coupons and Free Shipping
All coupons are limited to one-time use only. Coupons cannot be combined with another coupon, offer or discount or with free shipping. Coupons may be valid for a limited time only. See specific coupon for discount code and details. The max discount amount permitted by use of a coupon is $100. The discount applies to the printing cost only, and is not applicable on tax or shipping and handling charges. Coupons cannot be applied to certain orders including, but not limited to, orders containing custom quotes, direct marketing, or mailing services. All coupons must be applied at time of checkout unless otherwise stated. Coupons cannot be applied after order has been placed.
For free standard shipping, no coupon is required. Terms for free shipping may vary per order and may be valid for a limited time only. Free standard shipping applies to the Continental U.S. only and excludes Hawaii & Alaska. Free standard shipping excludes rush orders. Free shipping and a coupon, offer or discount cannot be applied at the same time.
We reserve the right to suspend any coupons or shipping and handling discounts at any time without notice.
Returns and Refunds
Solely for first-time retail customers or first-time issues for orders on Colorfox.com or the Colorfox mobile application with a subtotal up to $100, we offer 100% satisfaction guaranteed. If you qualify as a first-time retail customer or first-time issue for order and are not entirely satisfied with the finished printed product, you must notify Colorfox within six (6) business days following the date of pick-up or delivery of the ordered product and you can send it back to us for a one-time only full refund of the printing cost only. You are responsible for any and all shipping expenses in connection with such return.
Unless you qualify for the above refund, ALL SALES ARE FINAL. Colorfox provides no refunds or credit for any orders (including, but not limited to, product orders, Design Services orders, and Logo Services orders) unless Colorfox cancels such order in its sole discretion. You must notify Colorfox within six (6) business days following the date of pick-up or delivery of any defects discovered in the ordered product. After such notification, if we verify that we made an error in our reasonable discretion, we will re-print the order. In order to receive replacement, you may be asked to return one hundred percent (100%) of the received product within fifteen (15) days (at your own expense) from the time the ordered product was picked-up and/or delivered.
Order Pick-Up
Colorfox will make several attempts to contact you when your order/package(s) are ready for pickup. You have up to fifteen (15) days to pick up your order/package(s) from Colorfox’s facilities during pickup hours. Colorfox is under no obligation to store your order/package(s) beyond such time period.
Signature and order number are required at time of pick-up. Please be advised that courier pickups are not permitted, and that you must pick up your own orders.
Order Shipping & Delivery
Colorfox will use commercially reasonable efforts to ensure that delivery schedules are met. Notwithstanding the foregoing, Colorfox is not liable for any delays in shipping. In no event shall Colorfox be liable for any direct, indirect, consequential or incidental damages resulting from any delay in shipment or delivery for any reason including, but not limited to, delays in shipments caused by weather conditions, shipping company delays, increase in volume during holiday season, information received on a holiday or a non-business day, international customs issues or any other circumstances beyond Colorfox’s direct control. Colorfox shipment and delivery dates are merely estimates calculated based upon estimates provided by our suppliers and cannot be guaranteed. When a package is not delivered due to an error made by you in submitting the proper shipping address, Colorfox will reship the package with the corrected address and charge an additional shipping fee for the shipment for which you will be responsible. Please note that section applies to all orders, including, without limitation, mailing services, direct marketing services, and EDDM®.
Please be advised that we cannot guarantee combining different items or orders for shipping most of the time. Due to the nature of gang-run printing, each item may be placed on a separate batch, and each batch may be completed at a different time than the rest of the items on the order. Thus, we ship each item separately to ensure you receive your products as soon as they are ready. We may combine shipping for certain items that have the same options, such as paper stock, quantity, etc. Further, please note that due to size limitations, we will not ship to PO Boxes.
Title and risk of loss pass to you upon our transfer of the products you ordered to the carrier responsible for delivery. Colorfox is not responsible for any delays or damages caused during transit or delivery, for any 3rd party shipping errors or omissions, nor for any charges or fees incurred due to packages that were lost or damaged in transit.
Freight Service Shipping Method
Freight service shipping may be available for certain products. Please note that freight service shipping may be subject to additional terms and conditions of third-party carriers. Cost of freight service shipping may vary based on various factors such as delivery destination (e.g. shipments destined to certain zip codes may be subject to a "per shipment" surcharge). Additional fees may apply for any freight orders requiring additional services such as "Lift Gate Service," "Trade Show" service, "Freight Not Adjacent to Vehicle (Including Inside Pickup or Delivery)" service, "Limited Access Locations" service, or "Sorting and Segregating of Shipments" service. If your shipment requires a service, such as "Trade Show" service, but you do not select the required options upon checkout, we may charge you for those additional charges at any time. It is your responsibility to ensure all necessary services are added to the order upon checkout. Prices for additional services vary per service and all freight service shipping prices are subject to change.
With respect to the "Limited Access Locations" service, the term "Limited Access Locations" includes, but is not limited to, the following:
Mail Economy Shipping Method for International Orders
If you are shipping to a country outside of the U.S., please note that some services cannot be tracked and delivery time cannot be guaranteed. This is due to the fact that the final delivery is made by that country's postal service. Delivery time can be affected by how developed the postal service is for a particular country.
In addition, the shipping carrier cannot support any claims for in the case a package is lost, delayed, or damaged. Neither the shipping carrier nor Colorfox is responsible for any issues that occur in transit.
Customs, Duties, and Taxes for International Orders
Orders that are shipped to countries outside of the U.S. may be subject to certain customs duties, fees and taxes levied by the destination country ("Import Fees"). You may be subject to such Import Fees, which are levied once a shipment reaches your country.
You are fully responsible for payment of all Import Fees and for payment of all additional charges for customs clearance. Customs policies vary widely from country-to-country. Colorfox does not have control over these fees, nor can we predict the exact cost of these fees. We are not responsible for informing you of the specific fees that will apply; it is your responsibility as the importer and the customer to check what your country’s requirements are for all customs fees before placing your order. You are responsible for contacting your local customs office for further information. Further, please note that additional charges may apply to high-quantity products depending on your access to a shipping dock and forklift, otherwise.
Please note that for all Canadian orders, we include in our shipping and handling charges the "Custom Clearance Fees" that apply to all shipments to Canada.
Mailing Services, Direct Marketing Services, and Every Door Direct Mail®
Multiple mailings may be held in-house for up to one (1) month. Colorfox is under no obligation to hold multiple mailings beyond such time period.
For the expedited processing and level of service provided by our marketing department, all marketing orders and packages include an additional markup on all products and services excluding postage.
Since Colorfox's permit number is indicated on the Indicia, we will not be able to send you the remaining pieces of your marketing/mailing order. We will only be able to send you up to five (5) samples. Remaining pieces may be stored for up to one (1) month for future mailings, or recycled. Colorfox is under no obligation to store the remaining pieces beyond such time period.
Colorfox's permit Indicia is the sole and exclusive property of Colorfox and can only be used by Colorfox. Any misuse of Colorfox's permit Indicia is strictly prohibited and will result in an automatic cancellation of your account, charges for violation, and any postage fees. Further, you will be subject to any other remedies available to Colorfox.
MAILING LIST DATA ARE SOLD ON A STRICTLY "AS IS" and "as available" basis. COLORFOX makeS no warranties, representations, or guarantees as to, and assumeS no responsibility for, the correctness, sufficiency, completeness, or efficacy of the MAILING LIST DATA.
Full-Service Every Door Direct Mail® (EDDM®) customers: Once your EDDM® order has left our facility, we are not responsible for lost, delayed, or damaged EDDM® postcards, mailings, or packages. Colorfox is not responsible for any issues that occur in transit or once USPS® has taken possession of the order(s).
Colorfox will use commercially reasonable efforts to ensure that delivery schedules are met in connection with mailing services, direct marketing services, and EDDM®. Notwithstanding the foregoing, Colorfox is not liable for any failure to meet any delivery schedule in connection with mailing services, direct marketing services, and EDDM®. In no event shall Colorfox be liable for any direct, indirect, consequential or incidental damages resulting from any failure to meet such delivery schedule.
Questions
If you have any questions or comments regarding these Terms of Sale, please feel free to contact us by e-mail at [email protected].
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