Terms and Conditions of Sale
Last Updated: April 2022
If you do not agree to all the terms and conditions of this agreement, then you may not purchase any Products. If these Terms are considered an offer, acceptance is expressly limited to these Terms. Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the site following the posting of any changes constitutes acceptance of those changes.
We recommend you review these Terms each time you purchase a Product and that you print a copy of these Terms for your future reference.
Our site is hosted on GreenGeeks using WordPress. Our order management system is supported by Shopify Inc. (“Shopify”), and we plan to move our web presence entirely to the Shopify platform once we’re ready to take payments online.
SECTION 1 – REPRESENTATIONS REGARDING YOUR USE OF THE SERVICES
By placing an order for Products through our company, you represent that: (i) you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site; (ii) you are legally capable of entering into binding contracts; (iii) you will not copy, distribute or share the Products other than as allowed under these Terms; and (iv) you will not use our products for any illegal or unauthorized purpose, or, in the use of these Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
SECTION 2 – PERSONAL INFORMATION
You agree to provide us with truthful, complete and accurate details. You further agree to provide us with your details only. You should keep any Shopify or WordPress account details (including any password) safe and should not share or disclose them to anyone. Please notify us immediately if you suspect your Shopify account details have been compromised. You are responsible for all orders placed/activity undertaken using your Shopify account details.
SECTION 3 – TERMS OF SALE
All our offers and promotions are without any obligation and subject to availability and confirmation of the order. An agreement between you and Prism is subject to our acceptance of the order and will be formed when you receive the order confirmation by email.
SECTION 4 – MATERIALS FOR LIMITED USE
This site contains graphics, photographs, images, document layouts, templates, artwork, text, graphics, illustrations, logos, photos, audio, video, music, fonts, blog posts, software tools, trademarks, service marks, media content belonging to other users through embedded feed from online platforms, stock images and footage from stock providers and other information (“Content”). This site and all its Content are the intellectual property of Prism or the intellectual property of parties from whom Prism has licensed such property. All rights in this site and its Content are reserved worldwide.
It is strictly prohibited to sell, license, rent, modify, retain, copy, reproduce distribute, publish or use any portion of the Content except as expressly allowed in these Terms.
Prism reserves the right to add to, delete from, or modify any part of its Content at any time without prior notice. Any modifications to our Content, whether by you or Prism, remain the property of Prism and its licensors.
SECTION 5 – USE OF OUR SITE AND ITS CONTENT
You are granted permission to access and use this site and its Content for the sole purpose of preparing, evaluating and ordering Products solely through Prism, unless such use involving a third party is expressly permitted by applicable law or provided for in these Terms. No other download, retention, use, publication or distribution of any portion of the Content is authorized or permitted. Obtaining Products from Prism does not entitle you to use any portion of our Content apart from the finished Products as they are supplied by Prism.
You agree to use this site in a responsible manner that is in full compliance with these Terms and with your local laws and regulations, including export and import regulations.
SECTION 6 – RESTRICTIONS OF USE
Without limitation, no portion of our Content and/or Products may be utilized:
- to sub-license, resell, rent, lend, assign, gift or otherwise transfer or distribute the rights granted to you under these Terms;
- in such a manner as to convey or obtain exclusive rights to any Content or part thereof;
- for any unlawful or discriminatory purpose or use;
- for any use that we determine, in our sole discretion, to be pornographic, offensive, threatening, abusive, harassing, tortious, defamatory, obscene, harmful, indecent, libelous, invasive, slanderous, hateful, inciting or promoting the hatred, harassment or discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease or immigration status or otherwise objectionable;
- to create, order, publish and/or distribute any Design, Product or other type of information that we determine, in our sole discretion, to contain any content that violates the above line (4) or otherwise, in our sole discretion, is materially false, inaccurate or misleading in a way that could deceive or confuse others about important events, topics or circumstances;
- to violate any person’s right of privacy or publicity;
- to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity;
- for any use that would reasonably imply that Prism, the creator of the Content, or the persons or property appearing in the Content (if any), endorses any political, economic, conspiracy or other opinion-based movements or parties;
- in a way that places any person depicted in the Product in a bad light or they may find offensive, such as: use in pornography or adult content; tobacco ads; ads for adult entertainment clubs or similar venues, including prostitution, escort or similar services, all whether legal or not; political endorsements; or in a way that implies mental or physical illness or impairment; or
- that in any way, intentionally or unintentionally, violates any applicable local, state, national and international laws rules and regulations.
For the avoidance of doubt, no Content, Product or portion thereof may be used on its own as a trademark or service mark. You agree and acknowledge that any trademark or service mark rights you may have in your Product or Design arise from and are limited to your distinctive combination of our Content and/or Products with other visual design elements provided or created by you. You agree and acknowledge that others may use similar portions of our Content and Products for similar goods and services.
Prism reserves the right, in its sole discretion, to refuse to accept any content provided by you to Prism or to refuse to process or fulfill any order at any time for any reason. Prism further reserves the right, in its sole discretion, to temporarily or permanently suspend and/or terminate its service to you and/or your account(s) at any time for any reason, including, without limitation, your violation of the Terms and/or Additional Terms, your use of the site and/or our Products and services for inappropriate purposes or you having engaged in undesirable activities, in each case determined by Prism in its sole discretion. This action is entirely at Prism’s discretion and no correspondence will be entered into. You agree that Prism shall have no liability of any kind to you or any third party arising from such refusal, suspension or termination.
By placing an order with Prism, you warrant that you have all the necessary permissions, rights and authority to place the order and you authorize Prism to produce the Products on your behalf. You grant Prism the right to copy, modify, distribute, use, create derivate works of and vectorize any content you have sent us or uploaded to our online platforms for the purpose of fulfilling your order and/or marketing products or services to you. Moreover, you warrant that you have sufficient rights to permit Prism to copy, distribute, use, modify, create derivate works of and vectorize any sent or uploaded content for the purpose of fulfilling your order and/or marketing products or services to you.
SECTION 7 – DELIVERY, TITLE AND RISK
Prism will deliver the products at the address specified in the order confirmation, provided that all applicable payments have been received in full by their appropriate due date, using Prism’s standard methods for packaging and in accordance with the customer’s chosen delivery option. Any lead time given is estimated.
Prism may, at its discretion, deliver the products in whole or by installments in any sequence or deliver the products prior to the date of delivery, and in such event, the customer must not refuse to take delivery of the products. Where the products are delivered in installments or partial deliveries, each installment or partial delivery shall be invoiced separately if such an invoicing process is put in place and be deemed to be a separate sale agreement between Prism and the customer. Any delay in delivery of defect in an installment or partial delivery shall not entitle the customer to cancel any other installment or terminate the entire sale agreement.
Risk of damage to or loss of the products passes from Prism to you, upon delivery by Prism, to you or your authorized representative, at your ship-to-address as specified in the order confirmation. Prism retains ownership of the Products until full payment, including interest and costs, is received.
For any Product that is to be provided to the customer in an electronic format such as a digitalization of an artwork, the customer agrees that delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to the customer or (b) at the time we transmit a notification to the customer that the Product is available for downloading from our site.
The customer is responsible to fully inspect all products carefully and immediately upon arrival, and declare any and all damages or defects, immediately through the proof of delivery of collection acceptance documentation when the products have been shipped under such Proof of Delivery (POD) or similar type of service. A description of the alleged damage or defect must be given in writing at the time of delivery and signed by or on behalf of the customer. If such a proof of delivery service was not included with the chosen delivery method, the customer shall be deemed to have inspected the products as soon as reasonably practicable after delivery. The customer must notify Prism, by contacting its Customer Support either in writing (including by email) or by telephone, about any alleged damages or defects within 14 days after receipt of the Products. Failure by the customer to timely notify Prism after receipt as indicated in this section voids the Product warranty and/or Satisfaction Guarantee. In the event the order was placed by a consumer, meaning a physical person who purchased the product for use not related to a business, entrepreneurial or professional activity, the aforesaid notice period is extended to 2 months and will start on the day the alleged damages or defects are discovered or should be reasonably discovered when the order was timely inspected upon receipt.
SECTION 8 – INDEMNIFICATION
You agree that you shall indemnify Prism and all parties from whom Prism has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms or (ii) any suit, claim or demand arising from or relating to any text, photograph, image, graphic or other material that was not part of the standard site Content and that you uploaded or otherwise provided to Prism or incorporated into your Products. As to clause (ii), you agree that we have the right to control the defense of any suit, claim or demand.
SECTION 9 – DISCLAIMER OF WARRANTY
The site and its Content are provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge that operation of the site may not be uninterrupted or error free. While we make reasonable efforts to accurately display the attributes of products, we do not warrant that product descriptions are accurate, reliable and error-free. References and links to products or services of independent companies may appear on the site. These references and links are provided “as is” without warranty of any kind, either expressed or implied.
Some jurisdictions may provide you with certain warranties or guarantees that cannot be excluded by contract (“consumer guarantees”), or only limited in certain circumstances, and nothing in these Terms alter those consumer guarantees if it is illegal for Prism to do so. If those consumer guarantees apply to you, and Prism cannot legally exclude those consumer guarantees, then to the maximum extent permitted by law, Prism: (i) excludes or limits those consumer guarantees; and (ii) limits its liability at the option of Prism to the following: (a) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again; (b) in the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or acquiring equivalent goods; or the payment of the cost of having the goods repaired.
Prism’s Satisfaction Guarantee is valid for premium paper products for 2 years following your purchase. If you request a refund, the time it takes for your refund to arrive may depend on your bank. In most cases, you should receive your refund within 30 days. Certain circumstances are beyond Prism’s control and may not be covered by the Satisfaction Guarantee. Please note that we cannot be responsible for: spelling, punctuation or grammatical errors made by the customer, inferior quality or low-resolution of uploaded images, design errors introduced by the customer in the Product or Design creation process, errors in user-selected options such as choice of finish, quantity or product type, and damage to the products arising after delivery to the customer. Please preview your designs carefully and correct any mistakes prior to placing your order. Prism has no requirement to proof documents created by its customers prior to processing. All typing and other mistakes that should have been detected during preview are the responsibility of the customer and are not covered by Prism’s Satisfaction Guarantee.
Notwithstanding the foregoing, Prism shall have no obligations under any warranties, customer guarantees or the aforementioned Satisfaction Guarantee, if the alleged defect, non-conformance or damage is found to have occurred as a result of misuse, other than as set forth in the applicable instructions for use, neglect, improper installation or accident, or as a result of improper repair, alteration, modification, storage, transportation or improper handling or if the usability is impaired only slightly.
Any granted Product warranty and/or Satisfaction Guarantee hereunder, shall extend directly to the customer only and not to customer’s customers, agents or representatives. Prism does not give warranty of fitness for a particular purpose, merchantability, or non-infringement of intellectual property rights.
SECTION 10 – LIMITATION OF LIABILITY
IN NO EVENT SHALL PRISM OR ITS LICENSORS, SUPPLIERS, OR VENDORS, OR THE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY OF THEM, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT PRISM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM PRISM OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL PRISM BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THIS SITE OR ITS CONTENT OR OUR SUPPLIED PRODUCTS OR SERVICES. IF YOU LIVE IN A COUNTRY OR STATE THAT DOES NOT ALLOW ANY OF THE FOREGOING EXCLUSIONS OR LIMITATIONS OF LIABILITY OR ANY OF THE DISCLAIMERS OF WARRANTIES IN THE ABOVE SECTION, SUCH EXCLUSIONS OR LIMITATIONS WILL NOT APPLY TO YOU BUT ONLY TO THE EXTENT SUCH EXCLUSIONS OR MILITATIONS ARE NOT ALLOWED. IN SUCH CASE, SUCH EXCLUSIONS OR LIMITATIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
SECTION 11 – SITE FEEDBACK
Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to Prism in connection with the operation of this site including its Content or any of our offered and/or supplied Products, shall be provided by the submitter and received by Prism on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of Prism. By submitting any such information to Prism, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and intellectual property rights. You agree that Prism shall be free to use such information on an unrestricted basis.
SECTION 12 – GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION
The party you are contracting with and the seller of the products and services offered and sold on this site is Berghe Pro, LLC., a private company with limited liability incorporated under the laws of the State of Utah.
All issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of the United States of America. All other matters relating to your access to or use of this site shall be governed by the laws of the State of Utah without giving effect to any choice of conflict of law provision, principle, or rule (whether of the State of Utah or any other jurisdiction). You agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to any sale under these Terms.
Any legal action or proceeding relating to or arising from your access to or use of this site and the Products offered shall be instituted in a state or federal court located in Utah County, Utah. You agree to submit to the jurisdiction of the courts located in Utah County, Utah, and agree that venue in these courts is proper in any such legal action or proceeding. You also agree to not assert, in any legal action or proceeding involving Prism, that a court sitting in Utah County, Utah, is an inconvenient forum for such legal action or proceeeding.
Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties. When permitted by law, Prism, and Prism’s suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary or punitive damages.
We recognize that in some countries, you might have legal rights as a a consumer. If you are using the site’s services or order a Product for a personal purpose, then nothin in these terms or any addition terms limits any consumer legal rights which may not be waived by contract.