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Terms Of service

ACRISHARP CREATIONS (acrisharp.com)
FULL LEGAL TERMS AND CONDITIONS
In using our website you are deemed to have read and agreed to the following terms and conditions:

1. Scope

These Standard Terms and Conditions of Sale (“Terms”) shall govern the sale by Acrisharp Creations (acrisharp.com) of all goods and/or services as well as all subsequent transactions between Acrisharp Creations (acrisharp.com) and the purchaser (“Purchaser”). Purchaser acknowledges and agrees that these Terms shall constitute part of any final contract of sale (“Sales Agreement”) that may be entered into between Purchaser and Acrisharp Creations (acrisharp.com). In the event of any inconsistency between the terms and conditions contained in any other document and these Terms, these Terms shall prevail unless otherwise agreed upon in writing by Acrisharp Creations (acrisharp.com) or its duly authorized representative. Acrisharp Creations (acrisharp.com) shall not be bound by any terms and conditions affixed to Purchaser’s purchase order or other procurement documents that are in addition to or inconsistent with these Terms. Neither commencement of performance nor delivery by Acrisharp Creations (acrisharp.com) shall be deemed or constituted as acceptance of Purchaser’s additional or conflicting terms and conditions. Terms are subject to change at Acrisharp Creations’ (acrisharp.com) sole discretion at any time.

2. SUBJECT OF AGREEMENT.

The subject of this Agreement is the production of prints of images submitted by Client to Acrisharp Creations (acrisharp.com) via an online interface and the subsequent shipment of finished products to the Client.
Acrisharp Creations (acrisharp.com) is entitled and reserves the right to have all or part of the Service performed by third parties.

3. Orders

Unless otherwise specified in writing in the attached document, all written quotations shall be intended for reference purposes only, constituting neither an offer to sell nor imposing any obligations or liability on Acrisharp Creations (acrisharp.com).
Any deviations between the goods supplied and any offers, samples, trial products and pre-deliveries are permitted in accordance with technical norms and within standard industry variances and tolerances.

Acrisharp is committed to customer satisfaction. However, we cannot be held responsible for certain circumstances that are beyond our control such as the following:
Spelling, punctuation or grammatical errors made by the customer.
– Inferior quality or low-resolution of uploaded images (under 150 dpi. at final cut).
– Errors in user-selected options such as choice of material, quantity, hanging options and the cropping of photo (s).
– Damage to the products arising after delivery to the customer.
– Color matching what you have printed off your printer or see on your monitor.

If we have any problem with your source file, order details or problem with the printing itself, we will contact you immediately.
We strive to insure that you are satisfied with the final results.

4. Price & Terms of Payment

The price for all goods and services shall be expressly set out in the Sales Agreement, delivered in the form of a shopping cart checkout on www.acrisharp.com. Acrisharp Creations (acrisharp.com) reserves the right, by giving notice to Purchaser at any time, to increase the price of goods and services to cover: (i) foreign exchange fluctuation and increases in the costs of labour, materials and manufacturing; and (ii) any delay or change in delivery dates, quantities or specification of goods and services occasioned or requested by Purchaser.
Unless otherwise stated in writing by Acrisharp Creations (acrisharp.com), the price of goods shall be with retail sales tax. The price shall be exclusive of shipping charges, insurance, (installation, assembly and commissioning charges, as well as any other ancillary costs in respect of which Acrisharp Creations (acrisharp.com) shall be entitled to make additional charges (“Additional Costs”).
Unless otherwise agreed upon in writing, Acrisharp Creations’ (acrisharp.com) invoices shall due for payment immediately and shipments shall only be made against advance payment. Unless otherwise agreed upon in writing by Acrisharp Creations (acrisharp.com), all payments shall be in Canadian Funds and must be made directly to Acrisharp Creations (acrisharp.com) in accordance with the payment options on the website acrisharp.com. Unless otherwise agreed upon in writing, Purchaser shall not have any right of deduction or set-off. Objections to Acrisharp Creations’ (acrisharp.com) accounting, account statements, account reconciliations, etc. must be received in writing by Acrisharp Creations (acrisharp.com) within a period of 30 days from the date of the invoice or other applicable. In the event that Purchaser fails to provide a timely objection notice to Acrisharp Creations (acrisharp.com), the terms of the invoice or other document shall be deemed to have been irrevocably accepted by Purchaser. Notwithstanding the foregoing, Acrisharp Creations (acrisharp.com) reserves the right to correct, at any time, any invoicing errors, including calculation errors, which may arise from time to time.
We accept most major Credit Cards and PayPal accounts for methods of payment through our shopping cart processor.

5. Delivery of Goods and Performance of Services

Unless otherwise agreed upon in writing, Acrisharp Creations (acrisharp.com) shall deliver final product(s) at any time after Acrisharp Creations (acrisharp.com) has notified Purchaser that goods are ready for delivery by means of an order confirmation notice. Notwithstanding the foregoing, a maximum delivery period of two (2) weeks applies from the conclusion of the Sales Agreement. Selection of the carrier and route of delivery shall be made by Acrisharp Creations (acrisharp.com). Delivery of final product(s) to a common carrier or a registered courier shall constitute delivery to Purchaser and risk of loss shall thereupon pass to Purchaser. In no event shall Acrisharp Creations (acrisharp.com) have any liability in connection with shipment, nor shall the carrier be deemed to be an agent of Acrisharp Creations (acrisharp.com). Notwithstanding anything contained herein to the contrary, if the shipment or receipt of final product(s) is delayed for reasons beyond the responsibility of Acrisharp Creations (acrisharp.com), risk of loss shall pass to Purchaser upon receipt of an order confirmation notice or other similar document from Acrisharp Creations (acrisharp.com).

Acrisharp Creations (acrisharp.com) will use commercially reasonable efforts to deliver goods in the shortest time possible. However, specific dates and times will not be guaranteed.
Unless otherwise agreed upon in writing by the parties, Acrisharp Creations (acrisharp.com) reserves the right to deliver final products on bigger orders in instalments and/or perform services in stages. Each delivery of goods shall be treated as a separate transaction and payment thereof shall be in proportion to the overall purchase price set out in any prior Sales Agreement made between both parties. Delay or failure by Acrisharp Creations (acrisharp.com) to deliver an instalment and/or perform a stage of service in accordance with these Terms shall not entitle Purchaser to repudiate or cancel the delivery of other instalments or stages of goods under the Sales Agreement.

Reminders and final deadlines must be communicated in writing.

Acrisharp Creations (acrisharp.com) shall not be liable to Purchaser for any delay or failure to deliver goods and/or perform services including but not limited to any cause beyond Acrisharp Creations’ (acrisharp.com) reasonable control, including, without limitation, any Act of God, fire, casualty, flood, earthquake, war, strike, lockout, epidemic, illness or injury to workers, delayed or failed deliveries by subcontractors, power failure, damage or destruction of production facilities, riot, insurrection, transportation delays or defaults, delay in supply or shortages of fuel, components, raw materials or supplies, labour shortage, acts or omissions of third parties, action of any governmental authority, or any other cause beyond the reasonable control of Acrisharp Creations (acrisharp.com) (the “Force Majeure”). In such event, Acrisharp Creations (acrisharp.com) must promptly provide Purchaser with written notice of the Force Majeure. Acrisharp Creations’ (acrisharp.com) time for delivery and/or performance shall be extended for a period equal to the time lost by reasons of the Force Majeure without subjecting Acrisharp Creations (acrisharp.com) to any liability or penalty. If the Force Majeure event lasts longer than forty-five (45) calendar days, Acrisharp Creations (acrisharp.com) may immediately terminate all or part of the Sales Agreement, without incurring any liability or penalty, by providing written notice of such cancellation to Purchaser.
For greater certainty, Acrisharp Creations (acrisharp.com) shall not be liable for any damages, losses, costs or expenses (collectively, the Damage”) resulting from Acrisharp Creations’ (acrisharp.com) delay in delivery of goods and/or provision of services to Purchaser unless such Damage arises from the gross negligence of Acrisharp Creations (acrisharp.com). Notwithstanding the foregoing, where the gross negligence of Acrisharp Creations (acrisharp.com) causes a delay in the delivery of the goods or provision of services, Purchaser’s sole remedy shall be the payment of compensation equal to half of a percent (0.5%) per week up to a maximum of five percent (5%) of the value of the portion of the delivery which cannot be used on time for its intended purpose as a result of the delay.

Because of variations in equipment, paper, inks and other conditions, reasonable variations in color between the original submitted digital image and the final product (s) produced by Acrisharp Creations (acrisharp.com) must be expected. Prints delivered with variations of his kind shall be considered as acceptable performance.

 

6. Cancellation Policy

Minimum 48hours notice of cancellation required. Notification must be given by via email, or phone. We reserve the right to levy a $20 charge to cover any subsequent administrative expenses.

 

7. Refund Policy

Due to the custom nature of the products ordered by our customers and created on demand by Acrisharp Creations (acrisharp.com), returns are not accepted.
Both the Client and Acrisharp Creations (acrisharp.com) have the right to terminate any Purchase and/ or Service agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Purchase and/ or Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Purchases and/ or Services shall be refunded. There is no recourse if a client feels colors do not match image on their computer screen. Every screen shows images differently so customers need to do a colour match before production starts if they deem it necessary. This is done by receiving a small sample before production or sending a physical copy of image so we can match it during production. We attempt to colour match your image to the best of our abilities through our software interface.

 

8. Title

Title to and ownership of all goods shall not pass to Purchaser until payment of the purchase price and any Additional Costs has been made in full to Acrisharp Creations (acrisharp.com).

 

9. Content of the image files, damage of third party rights

Your uploaded photos and images are stored on a secure server. We hold on to them for 6 months in case reprints are required. Thereafter they are deleted from our server, but will still be backed up “offline” in secure storage for rare cases.

Acrisharp Creations (acrisharp.com) will not print any image that is obscene, pornographic or profane material or any other material that could give rise to any civil or criminal liability under applicable law. We reserve the right to remove, delete or block images that we do not deem appropriate.

Acrisharp Creations (acrisharp.com) respects the copyrights, real and implied, of photographers, artists and/or other copyright holders. We will not knowingly print and/or distribute images without the consent of the creator or owner of the copyrights. It is the sole responsibility of the customer to ensure they have the necessary authorizations and/or permissions to use the images.

Acrisharp Creations (acrisharp.com) does not own the images uploaded to our servers by our customers. They are the sole property of the creator/copyright owner. The Customer agrees to hold Acrisharp Creations (acrisharp.com) harmless, and shall assume all liabilities that may occur, should a claim be brought against Acrisharp Creations (acrisharp.com) or use of these images(s). We will not be liable for the content of any image(s) uploaded, sent by common carrier on electronic media or prints. If we have a great idea to use your images for any other purposes (such as a marketing campaign) or commercial sales, we will contact you first for permission and/ or possible royalty payment.

10. Security Interest and Solvency

Purchaser represents and warrants to Acrisharp Creations (acrisharp.com) that Purchaser is solvent. Acrisharp Creations (acrisharp.com) retains a security interest in goods to secure payment of the purchase price and all other indebtedness and obligations that Purchaser now and in the future owes to Acrisharp Creations (acrisharp.com). Purchaser shall take all actions that Acrisharp Creations (acrisharp.com) requests to perfect, and to obtain and maintain first priority of, that security interest, and Purchaser shall pay, or reimburse Acrisharp Creations (acrisharp.com) for, all fees, taxes and other costs that are incurred in connection with those actions. To the extent permitted by law, Purchaser waives requirement of being provided with a copy of any financing or verification statement or renewal thereof.

11. Limited Warranty

Except as otherwise specified herein, Acrisharp Creations (acrisharp.com) warrants that: (i) all goods and services purchased hereunder are free from defects in material and workmanship and conform to the requirements of Sales Agreement; (ii) Acrisharp Creations (acrisharp.com) has good title to goods and the right to sell them to Purchaser; and (iii) goods and services shall conform to the written Specifications, if any, described in the Sales Agreement.

Unless otherwise agreed upon in writing, the warranty period for all goods delivered by Acrisharp Creations (acrisharp.com) will expire three (3) calendar days after the date of the delivery of goods to the Purchaser (the “Warranty Period”). If Purchaser believes that the goods and/or services are defective or deficient, Purchaser shall provide Acrisharp Creations (acrisharp.com) with a written notice by letter, fax or e-mail, containing the full details of the alleged defect or deficiency and setting out the date of the order confirmation, the delivery confirmation or the invoice (the “Rejection Notice”). At Acrisharp Creations’ (acrisharp.com) direction, Purchaser shall return the defective or deficient goods to Acrisharp Creations (acrisharp.com) at Purchaser’s risk and expense and in accordance with Acrisharp Creations (acrisharp.com) return policy in effect from time to time, failing which any and all warranty obligation on Acrisharp Creations’ (acrisharp.com) part shall become void. Acrisharp Creations (acrisharp.com) shall promptly investigate such claimed breach and shall, at its sole discretion and within thirty (30) days of the date of the Rejection Notice either: (i) provide information to Purchaser confirming that no breach of warranty has in fact occurred; or (ii) advise Purchaser of Acrisharp Creations’ (acrisharp.com) planned corrective action. If Acrisharp Creations (acrisharp.com) determines that the Rejection Notice was given without cause, Purchaser shall reimburse Acrisharp Creations (acrisharp.com) for all applicable costs and expenses thereby occasioned to Acrisharp Creations (acrisharp.com). If a breach of warranty has in fact occurred Acrisharp Creations (acrisharp.com) shall, at its sole discretion, promptly: (i) repair or replace the defective goods at no additional cost to Purchaser; (ii) issue credit or refund amounts paid by Purchaser related to the portion of goods and/or services in breach of warranty; or (iii) unless the defect in question is a minor one, cancel the Sales Agreement. All costs incidental to repairing or replacing defective goods or correcting or re-performing the deficient services shall be borne by Purchaser and in no event shall Acrisharp Creations (acrisharp.com) be liable for such costs. All warranty repairs or replacements and any services that have been re-performed or corrected under warranty shall only be warranted for the balance of the original Warranty Period.
Notwithstanding anything contained herein to the contrary, where Acrisharp Creations (acrisharp.com) is required to perform corrective work, Acrisharp Creations (acrisharp.com) warranty shall be limited to the goods actually delivered. Acrisharp Creations (acrisharp.com) shall only warrant the proper functionality of its products and components where the faulty functioning in question cannot be attributed to incorrect or incomplete information provided by Purchaser.

Purchaser shall not be entitled to withhold payments on account of warranty claims or other counter-claims not recognized by Acrisharp Creations (acrisharp.com).
Warranty Exclusions: This warranty excludes normal wear and tear and ordinary deviations in size, weight or quality. This warranty also excludes coverage for used goods and seconds as well as goods not manufactured by Acrisharp Creations (acrisharp.com) or its affiliates. Repair or replacement of goods and/or re-performance or correction of services due to:
(i) misuse or abuse;
(ii) improper use or maintenance;
(iii) failure to observe instructions contained in user/owner manuals;
(iv) mishandling or testing by Purchaser, its affiliates and agents;
(v) negligence;
(vi) alterations, maintenance or repair work undertaken by Purchaser or third parties;
(vii) excessive stress;
(viii) accident;
(ix) improper storage;
(x) use of incompatible supplies or cleaning agents;
(xi) an event of Force Majeure;
(xii) chemical influences;
(xiii) foreign object damage; or
(xiv) damage in transit, are excluded from Acrisharp Creations’ (acrisharp.com) warranty obligations.

The preceding paragraphs set forth the exclusive remedy for all claims based on failure of, or defect in, goods sold hereunder, whether the failure or defect arises before or during the warranty period, and whether a claim, however instituted, is based on contract, indemnity, warranty, tort (including negligence), strict liability or otherwise. Upon the expiration of the warranty period, all such liability shall terminate. Unless otherwise agreed in writing by Acrisharp Creations (acrisharp.com), this warranty shall not be assigned to any third party. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER WRITTEN, ORAL, IMPLIED OR STATUTORY. NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE SHALL APPLY. Acrisharp Creations (acrisharp.com) DOES NOT WARRANT ANY GOODS OR SERVICES OF OTHERS, WHICH PURCHASER HAS DESIGNATED FOR USE.

12. Limitations of Liability

Acrisharp Creations (acrisharp.com) ‘S LIABILITY WITH RESPECT TO ALL CLAIMS OF ANY KIND, WHETHER BASED ON CONTRACT, INDEMNITY, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, FOR ALL LOSSES OR DAMAGES ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM THIS AGREEMENT, OR THESE TERMS AND CONDITIONS, OR FROM THE PERFORMANCE OR BREACH THEREOF, OR FROM ANY GOODS OR SERVICES COVERED BY OR FURNISHED UNDER THE AGREEMENT OR ANY EXTENSION OR EXPANSION THEREOF (INCLUDING REMEDIAL WARRANTY EFFORTS), SHALL IN NO CASE EXCEED THE PRICE ALLOCABLE TO THE SPECIFIC GOODS OR SERVICES THAT GIVES RISE TO THE CLAIM. ALL SUCH LIABILITY SHALL TERMINATE UPON THE EXPIRATION OF THE WARRANTY PERIOD SPECIFIED ABOVE.
IN NO EVENT, WHETHER BASED ON CONTRACT, INDEMNITY, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL Acrisharp Creations (acrisharp.com), ITS EMPLOYEES, AGENTS, SUPPLIERS AND AFFILIATES BE LIABLE FOR SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUE, LOSS OF USE OF ANY PROPERTY, COST OF CAPITAL, COST OF PURCHASED POWER OR ENERGY, COST OF SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES, BUSINESS INTERRUPTION COSTS, DOWNTIME COSTS, INJURY TO PERSON OR PROPERTY OR DEATH, OR CLAIMS OF PURCHASERS OF PURCHASER FOR SUCH DAMAGES OR LOSSES, AND PURCHASER WILL INDEMNIFY Acrisharp Creations (acrisharp.com), ITS EMPLOYEES, AGENTS, SUPPLIERS AND AFFILIATES AGAINST ANY SUCH CLAIMS FROM PURCHASER’S PURCHASERS. IF PURCHASER RESELLS GOODS SOLD HEREUNDER TO ANY THIRD PARTY WHO IS NOT A CONSUMER OF Acrisharp Creations (acrisharp.com) ‘S GOODS, PURCHASER SHALL OBTAIN FROM SUCH THIRD PARTY A PROVISION AFFORDING Acrisharp Creations (acrisharp.com) AND ITS SUPPLIERS THE PROTECTION OF THE PRECEDING SENTENCE.

Any action or suit by Purchaser against Acrisharp Creations (acrisharp.com) relating to the Sales Agreement of the goods and/or services covered hereby must be brought within one (1) year of the date of invoice for such goods or services. The parties hereto acknowledge and agree that this is a commercial transaction.

13. Indemnification

Purchaser shall indemnify, defend and hold harmless Acrisharp Creations (acrisharp.com) from and against all claims, demands, causes of action (including third-party claims), losses, damages, expenses (including consequential and incidental damages, court costs and attorney fees) and liabilities of every kind and nature that Acrisharp Creations (acrisharp.com) incurs as a result of Purchaser’s breach of any of Purchaser’s obligations under the Sales Agreement and/or these Terms.

 

14. Confidentiality/Copyrights/ trademarks and Intellectual Property

The Copyright and other relevant intellectual property rights exist on all text relating to the Company’s services and the full content of this website. This Company’s logo is a registered trademark of this Company in the Canada and other countries.

Purchaser retains ownership of the Content and Images uploaded to Acrisharp Creations (acrisharp.com). We warrant that Content and Images will not be used for any purpose other than the creation of custom goods for the Purchaser without the direct consent of the Purchaser.

All technical information and/or Specifications, etc. supplied by Acrisharp Creations (acrisharp.com) in connection herewith shall be treated as strictly confidential by Purchaser and must not be made available to any third party both prior to and after execution of Sales Agreement and delivery of goods and/or provision of services without the prior written consent of Acrisharp Creations (acrisharp.com).

Acrisharp Creations (acrisharp.com) expressly reserves all right, title and interest in any documents, Specifications, and other technical information provided to Purchaser in connection with Sales Agreement, quotation, offer to sell, installation, service, or repair of goods sold, and Purchaser shall return same to Acrisharp Creations (acrisharp.com) upon request.
To the extent that goods are supplied in accordance with Purchaser’s Specifications or statements (collectively, the “Statements”), Purchaser represents and warrants that such Statements do not infringe any third party intellectual property rights. Purchaser agrees to indemnify Acrisharp Creations (acrisharp.com) in respect of any claim for intellectual property infringement by a third party resulting from the use of the Statements by Acrisharp Creations (acrisharp.com).

15. Notice

Any notice, approval, consent, waiver, or other communication to be given hereunder shall be in writing and shall be deemed to be given if delivered personally, or sent by registered mail in which case such notice, approval, consent, waiver or other communication shall be deemed to be received on the second business day following the mailing thereof by registered mail to: Acrisharp Creations (acrisharp.com)

 

 

16. Language

These Terms and any document relating thereto have been prepared in the English language at the express request of the parties. Les parties exigent, et par les présentes confirment leur demande, que ce contrat et tous les documents y afférents soient rédigés en anglais seulement.

 

17. Entire Agreement

These Terms and any document relating thereto contain the entire agreement between Purchaser and Acrisharp Creations (acrisharp.com) and shall not be altered or amended except by written instrument signed by both parties.

18. Applicable Law and Jurisdiction/Jury Waiver

These Terms and any document relating thereto shall be governed by and interpreted according to the laws of the Province of Quebec and applicable federal laws of Canada, without reference to its choice of law rules and excluding the United Nations Convention on the International Sale of Goods, and either party shall bring any action that arises out of or relates the Sales Agreement and/or these Terms in any court in Montreal, Quebec, that has jurisdiction over the subject matter.