The following terms and conditions constitute a legally binding contract (this “Agreement”) between you (“you” or “your”) and Printbest™ (as defined below) that governs all use by you of the Printbest.com print-on-demand website (the “Site”) and the services available on or at the Site (taken together with the use of the Site, the “Services”). We’ll refer to Printbest™ and all of its subsidiaries and affiliated companies collectively as “Printbest™”, “we”, “our”, “us”, etc. Printbest™ is a wholesale trade printer providing print-on-demand services for businesses that want to outsource the printing and delivering component. Printbest™ white-label prints and dropships products (“Products”) directly to you and your customers (“Customers”).
YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THIS AGREEMENT. FURTHERMORE, BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THE SITE, YOU ACCEPT AND ARE BOUND BY THIS AGREEMENT.
If you do not agree to this Agreement, do not use the Site or any other Services.
If you use our Services only for your personal use, you are considered a “User”. If you use our Services to execute orders or deliver Products to third parties (including Customers), you are considered a “Merchant”.
Regardless if you are a user or merchant, Section 19 of this agreement requires that all disputes (as defined below) arising from or relating to this agreement be resolved by arbitration on an individual basis, rather than by jury trial or class actions, except as otherwise provided by Section 19.
In order to enjoy all of Printbest’s™ benefits, you must register your account and become a member (“Member”). Membership requires that you register on the Site (including by truthfully filling out all required personal information). You may opt out of marketing and promotional activities, including emails. You may cancel your membership at any time by contacting Printbest™. To complete registration, you shall provide a name, surname, email address and password. You may never use another user’s Printbest™ account without permission from that user. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Printbest™ immediately of any breach of security or unauthorized use of your account. Although Printbest™ will not be liable for your and your Customer’s losses caused by any unauthorized use of your account, you may be liable for the losses of Printbest™ and others due to such unauthorized use.
Printbest™ may change, suspend or discontinue the Services, Products, fees, charges, terms at any time, including the availability of any feature or content. Printbest™ may also impose limits on certain features and Services or restrict the User’s access to parts or all of the Services without notice or liability. If you are an individual (rather than an organization or entity), then you certify to Printbest™ that you are at least 18 years of age. If you are using the Services on behalf of an organization or entity then you certify that you are legally authorized and permitted to bind such organization or entity to this Agreement and use the Services. Notwithstanding the aforementioned, you agree to take full responsibility for your selection and use of the Services. This Agreement is void where prohibited by law, and the right to access or use the Services is revoked in such jurisdictions.
Printbest™ reserves the right, at its sole discretion, to modify this Agreement and its terms, as well as the fees and other charges for our Services, at any time. All such modifications will become effective immediately after Printbest™ posts them on the Site. You shall be responsible for reviewing and becoming familiar with all such modifications, and you agree to review the terms of this Agreement each time you access or use the Site so that you are aware of any modifications made to this Agreement. Use of the Site and other Services by you after Printbest™ posts the modifications on the Site constitutes your acceptance of the terms and conditions of this Agreement, as modified. If you do not agree to the modified terms, you are not authorized to access or use the Site or other Services, and you must send Printbest™ a written notification, including via email (and your Printbest™ account will be deleted), to close your account within 30 days of notice.
All content (including all information, images, pictures, data, text, photographs, graphics, messages, and other materials, hereinafter “Content”) that you post, submit, upload, display, sell or use, hereinafter “post”, using our Services is your content. We don’t make any claim(s) to it. That includes anything you post using our Services (like your Content, images, shop name, your customer reviews, comments, videos, usernames, etc.).
We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services, platforms, and integrations subject to this Agreement and the following restrictions in particular:
You are fully responsible for the final proof and layout approval prior to the printing process. Printbest™ is not liable for errors in a final product caused by any of the following reasons: language and grammar, graphics, bleeds, damaged fonts, overprinting, form fields, files not built to template, or page order.
Customer acknowledgement: I have verified that the content is correct. I am satisfied with the document layout. I understand that my document will print as is, that I may not be able to make any changes once my order is placed, and that I assume all responsibility for content errors. By submitting my order to Printbest™ I agree to the Printbest™ Terms of Service.
Finally, as noted elsewhere in this Agreement, we unfortunately cannot guarantee that the colors and details in our website images are 100% accurate representations of a Product, and sizes might in some cases be approximate. Accordingly, this Limited Warranty does not cover such matters.
Violation of this Agreement or any other rules will result in the termination of your Printbest™ account.
Printbest™ and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Services. Without limiting the foregoing, Printbest™ and its designees shall have the right to remove, block, and disable any Content. You agree that you must evaluate and to the extent permitted by law bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Printbest™ or submitted to Printbest™, including without limitation information in Printbest™ collaborations, posts and in all other parts of the Printbest™ Services.
Without limiting other remedies, we may limit, suspend or terminate our Services and your account, prohibit access to our Site, delay, remove, block, or disable hosted Content, and take technical and legal steps to keep you off the Site if we think that you are creating problems, causing possible legal liabilities, breaching this Agreement, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for extended periods of time. You are responsible for providing Printbest™ with accurate and truthful information (including but not limited to your name and surname if you are a User or retail price if you are a Merchant). If you have provided Printbest™ with inaccurate or false information, (a) you shall be liable to Printbest™ for damages and losses (including but not limited to taxes) arising out of such inaccurate or false information, (b) you shall reimburse such damages and losses (including but not limited to taxes) to Printbest™, and (c) Printbest™ shall have the right to charge you for such damages and losses (including but not limited to taxes) and otherwise limit or suspend your access to the Services.
You may choose to save your billing information to use it for all future orders and charges associated with Printbest™ Products and/or Services. In such case, you also acknowledge and agree that this information will be stored and processed by third party PCI DSS compliant service providers.
When you order a Product, or use a Service that has a fee, you will be charged, and you agree to pay, the fees in effect at the time the order is placed. We may change our fees from time to time (for example, when we have holiday sales, offer you a discount of base product prices, etc.). We may choose to temporarily change the fees for our Services for promotional events or new Services, and such changes are effective when we post the temporary promotional event or new Service on the Site or inform you individually. The sale will be submitted for processing and you will be charged as soon as you confirm it. You may then receive an email from us.
By placing an order through the Site, you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder’s express permission to utilize the card to effect payment. In case of an unauthorized use of a payment method, you will be personally liable for, and shall reimburse Printbest™ for damages resulting from such unauthorized use.
With regard to payment methods, you represent to Printbest™ that (i) the billing information you supply to us is true, correct, and complete and (ii) to the best of your knowledge, charges incurred by you will be honored by your financial institution (including but not limited to credit card company) or payment service provider.
If you or your Customer makes any return which does not comply with our policies, you will reimburse Printbest™ for its losses, which consist of fulfillment costs and chargeback handling fees.
We may refuse to process a transaction for any reason or refuse to provide Services to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of refusing or suspending any transaction after processing has begun.
Unless stated otherwise, you may choose currency from the options available at the Site in which all fees and payments will be quoted. You are responsible for paying all fees, payments and applicable taxes associated with our Site and Services. After receiving your order you may receive an email from us with the details and description of the Products ordered. Payment of the total price plus taxes and delivery must be made in full before the dispatch of your Products.
Printbest™ at its sole discretion may offer you various discounts, as well as change, suspend or discontinue them at any time. You may find more information about the available discounts at the Site, in the marketing and promotional emails or via other channels or events Printbest™ may use or participate in.
Aside from the limited circumstances set out below, you are responsible for (and shall charge) all applicable taxes, such as but not limited to sales taxes, VAT, GST, HST and others, and duties associated with the Products (if and as applicable).
In Canada, Printbest™ may collect the applicable taxes from you as the seller and pay this to the relevant tax authority (if and as applicable).
In certain cases you are required to provide a valid exemption certificate such as Resale certificate, VAT ID or ABN.
Once you have confirmed your order, it might not be possible to edit or cancel it. If you want to change some parameters, Customer addresses, etc., please check whether such an option is available in your account. We are not bound to make such modifications to your order, but we will do our best on a case-by-case basis.
The risk of loss of, damage to and title for Products pass to you upon our delivery to the carrier. It shall be your (if you are a User) or your Customer’s (if you are a Merchant) responsibility to file any claim with a carrier for a lost shipment if carrier tracking indicates that the Product was delivered. In such case Printbest™ will not make any refunds and will not resend the Product.
If carrier tracking indicates that a Product was lost in transit, you or your Customer may send a written claim for replacement of (or credit to the Member’s account for) the lost Product to [email protected]. For Products lost in transit, all claims must be submitted no later than 10 days after the estimated delivery date. All such claims are subject to Printbest™ investigation and sole discretion.
While many component parts of our Products are standard, all Products available for purchase are described on their specific page on our Site. We always try to represent each design as accurately as possible via photography and copy points provided by designers, artists or photographers.
We have a policy of continuous Product development so we can provide you with what we consider the best design combined with best performance, and thus reserve the right to amend the specifications of Products, their price, packaging, and any Service associated at any time, without notice. Before ordering, we invite you to have a close look at the Product description, price, and design. You will be charged the price that is in effect at the time your order was placed.
We use our best efforts to provide you with the best images and descriptions, but unfortunately cannot guarantee that colors and details in website images are 100% accurate representations of the product, and sizes might in some cases be approximate.
Sometimes during the manufacturing process Products can be damaged. We won’t knowingly ship damaged items to you (your Customers), but these damaged items can still be used for charitable purposes. Printbest™ reserves the right to donate all damaged items with full or partial designs to charity and you hereby waive your right to collect royalties or other fees regarding damaged Products that are donated.
Your order is purchase of a Product for which you have paid the applicable fee and/or other charges that we have accepted and received. Any Products in the same order which we have not accepted do not form part of that contract. We may choose not to accept any orders at our sole discretion.
Orders are placed and received exclusively via the Site. Before ordering from us, it is your responsibility to check and determine full ability to receive the Products. Correct name of the recipient, delivery address and postal code/zip code, up-to-date telephone number, and email address are absolutely necessary to ensure successful delivery of Products.
All information asked on the checkout page must be filled in precisely and accurately. Printbest™ will not be responsible for missed delivery because of a wrong or misspelled recipient name or surname, delivery address or an inappropriate phone number. Should you like to ask for a change in the delivery address, phone number, or any other special requirements, please contact Printbest™.
We deliver to most places in Canada and the United States. You shall cover delivery costs. Delivery prices are additional to the Product’s price and may vary depending on delivery location and/or sort of Products, and additional charges may be added to the order for remote or difficult to access locations that require special attention. Flat rate delivery charges are shown on our checkout page; however, we reserve the right to advise you of any additional delivery charges that apply to your specific delivery address.
Some Products are packaged and shipped separately. We cannot guarantee delivery dates and to the extent permitted by law accept no responsibility, apart from advising you of any known delay, for Products that are delivered after the estimated delivery date. Average time for delivery may be shown on the Site. It is only an average estimation, and some delivery can take longer, or alternatively be delivered much faster. All delivery estimates given at the time of placing and confirming order can be subject to change. In any case, we will do our best to contact you and advise you of all changes. We try our best to make Product delivery as simple as possible.
Ownership of the Products will only pass to you/Customer after we receive full payment of all sums due in respect of the Products, including delivery charges and taxes, and deliver the Products to the carrier.
We make no guarantees with respect to any collaboration we undertake with you, including any collaboration with respect to Services, Products (including new Products) or any integration with a vendor platform.
Printbest™ is not liable for color matching or ink density on screen proofs approved by the customers. Screen proofs will predict design layout, text accuracy, image proportion and placement, but not color or density. While Printbest™ will try its best to match the gradient density of each color, Printbest™ is not liable for the final appearance of a color.
Because of differences in equipment, inks and other conditions between color proofing and production pressroom operations, a reasonable variation in color between color proofs and the completed job is expected, unavoidable and shall constitute an acceptable delivery. There may be from time to time a misrepresentation of color due to soft proofing because of the difference in the calibration of monitors. Printbest™ will make every effort to produce a reasonable representation based on materials supplied by the customer; however, Printbest™ does not guarantee color matching.
Since each order is unique to the merchant and has no resale value, all sales are final. If, after investigating, we verify that we made an error, we will reprint the order or issue a credit or refund accordingly. You must notify Printbest™ within 10 business days of your customer receiving the order to notify us of any defects discovered in the ordered product, failing which you are deemed satisfied with the product. We may occasionally request that we pick up the printed material prior to issuing the reprint, credit, or refund.
To the fullest extent permitted by law you release us and all other Printbest™ Parties from any and all claims and demands, as well as any and all damages, losses, liabilities, judgments, costs, reasonable attorneys’ fees, and other expenses incurred or suffered by any Printbest™ Party, of every kind and nature, known and unknown, relating to or arising out of any right, claim, or matter (a) which is disclaimed by Printbest™ (or for which Printbest™ provides no guarantees) under this Agreement, or (b) for which Printbest™ is otherwise indemnified or released by you under this Agreement.
To the fullest extent permitted by law you will defend, indemnify, and hold Printbest™ and the other Printbest™ Parties harmless from any claim or demand made by any third party (including, but not limited to, your Customer), as well as any and all damages, losses, liabilities, judgments, costs, reasonable attorneys’ fees, and other expenses of every kind and nature, known and unknown, incurred or suffered by the Printbest™ Parties, relating to or arising out of (a) your breach of this Agreement, (b) your use (or misuse) of our Services, (c) your Content, (d) the infringement by your Content or your account of someone else’s intellectual property or other rights, (d) your violation of any law or the rights of a third party, or (e) if you are a Merchant, any claims related to products or items sold by you through our Services, including claims for misrepresentations by you to your Customers and claims for physical injury or property damage by any of your products or items that are warehoused for you by Printbest™. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
This Agreement, and all disputes and claims arising out of or in connection with this Agreement or its subject matter or formation including non-contractual disputes and claims, are governed by the laws of Ontario, Canada, without regard to its conflict of laws rules. These laws will apply no matter where in the world you live or are located.
“Disputes” means all disputes and claims arising out of or in connection with this Agreement or its subject matter or formation including non-contractual disputes and claims. All Disputes shall be finally settled by final and confidential binding arbitration using the English language. Unless Printbest™ and you agree otherwise, any arbitration hearings will take place in Ontario, Canada. Judgment on any arbitration award may be entered and enforced by any court that has jurisdiction to do so. Any arbitration will take place on an individual basis and the arbitrator is not empowered to conduct a class arbitration, class action or to resolve claims of more than a single claimant in anything other than a single proceeding, unless both parties consent.
To the fullest extent permitted by law, you and SinLite knowingly, voluntarily, irrevocably and absolutely waive all rights to a trial by jury of any and all disputes (as defined above). This jury trial waiver is intentionally made as you and Printbest™ would prefer to resolve all disputes (as defined above) as provided by this Section 19. This jury trial waiver is a material inducement to entering into this agreement. furthermore, you and Printbest™ knowingly, voluntarily, irrevocably and absolutely waive all rights to participate in a class action, class arbitration or other form of joint dispute resolution with other parties.
Notwithstanding the foregoing, you may instead assert your claim in any Dispute in “small claims” court if you provide us with written notice of your intention to do so before any claim is submitted to arbitration and provided that (a) your claim qualifies, (b) your claim remains in such court, and (c) your claim remains on an individual, non-representative, and non-class basis.
Also, notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.
You and Printbest™ shall each bear 50% of all fees and expenses of the arbitrator. The arbitrator may award such fees and expenses of the arbitrator as well as other expenses and reasonable attorneys’ fees to a prevailing party consistent with the provisions of the arbitration rules.
No agency, partnership, joint venture, employee-employer, franchisor-franchisee relationship, etc. is intended or created by this Agreement.
Printbest™ will not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in Printbest’s performance under this Agreement when such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, such as any fire; flood; earthquake; governmental action; war, invasion or hostilities; national emergency; explosion; terrorist threat or act; riot or other civil unrest; insurrection; epidemic; lockout, strike or other labor dispute (whether or not relating to our workforce); inability or delay in obtaining supplies; telecommunication breakdown; or power outage.
You represent that you have all necessary permits to grant us with Customer’s personal data to fulfill this Agreement.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement upon notice to you. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
Printbest™ reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
If you have any questions about this Agreement, please email us at [email protected].