Terms & Condition
LEGAL NOTICE:
Please read these Terms and Conditions carefully. These Terms and Conditions govern your access and use of this Site. By accessing or using this Site you agree to be bound by these Terms and Conditions and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms and Conditions.
Empress Packging reserves the right to make changes to this Site and to these Terms and Conditions at any time without prior notice. You should review these Terms each time you access this Site.
COPYRIGHT:
Copyright (c) 2022 Empress Packging. All rights are reserved. It is prohibited to copy or republish any of the materials and software contained on the empresspackaging.com web site.
CUSTOMER CONTENT, COPYRIGHTS AND TRADEMARKS:
You are solely responsible for your use of content in combination with any other images, graphics, text or other materials you incorporate into your Products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your products unless you have obtained the appropriate authorizations from the owners. You warrant that your products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your products. By placing an order on this Site, you warrant that you have all necessary permissions, right and authority to place the order and you authorize Empress Packging to produce the ordered products on your behalf.
All information, data, text, photographs, graphics, messages and any other materials ("Content") are the sole responsibility of the person that produced such Content. Hence you are responsible for all Content that you send, upload, post or otherwise transmit via the website. You agree to comply with all local rules regarding online conduct and acceptable Content. You agree to not use the website to upload, post or otherwise transmit any Content that contains indecent, anything unlawful, or any content that infringes the intellectual property rights or other proprietary rights of Empress Packging or any third party. Empress Packging does not control the Content posted by Customers and does not guarantee the accuracy, integrity or quality of the Content. Under no circumstances will Empress Packging be liable to you in any way for any Content you may be exposed to that you may find offensive, indecent or objectionable.
You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account. When you, or someone to whom you have given access, orders a print item using your password, you grant Empress Packging the world-wide, royalty free and non-exclusive license to use, reproduce, sublicense, modify, adapt, publish, display and create derivative works from the Content on the website and on the printed product for the purposes of storing designs or processing print orders.
You acknowledge that Empress Packging and its designees shall have the right (but not the obligation) in their sole discretion to remove any Content that violates the terms of service or may otherwise be objectionable. Empress Packging may preserve Content and may also disclose Content if required to do so by law or in the case that such disclosure is necessary to: (a) comply with legal process; (b) enforce the terms of service; (c) respond to claims that the Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Empress Packging, its users and the public.
DESIGN FILES:
Empress Packging will only provide design files at 72 DPI (low resolution) for proofing purposes. If you would like to purchase higher resolution designed files, please contact support@empresspackaging.com for a quote.
CUSTOMER SUBMITTED ARTWORK:
All artwork or designs and images must be provided in CMYK format and with a minimum resolution of 300 DPI. Empress Packging is not responsible for any color changes that occur in conversions from RGB to CMYK color modes. Empress Packging is also not responsible for images printed as fuzzy, distorted or pixilated due to customer provided artwork.
PROOFING:
All print jobs require customer approval of the final art work and job specification sheet. Once an order has been placed, final artwork proofs and a job specification sheet will be sent to customers via email. Customers are responsible for reviewing all details mentioned in the specification sheet, including but not limited to, delivery dates and production speed, and confirm that all customer requirements have been accurately noted. Empress Packging is not liable for any specifications or requirements beyond what are noted in the approved job specification sheet.
In addition, it is the responsibility of the customer to review the final artwork proof as proofreading is the responsibility of the customer. Due to the multiple ways that files are prepared, unplanned changes can occur. What is shown on the final proof represents what will be printed. Empress Packging strongly recommends that the proof be printed out at 100% to check actual position, spelling, and other design elements. Empress Packging will not be responsible for any design or spelling issues that are not identified by the customer and communicated to Empress Packging immediately. Upon approval, the design file and job specifications will be forwarded to the production department and printed as is.
Empress Packging is NOT LIABLE for errors in a printed product caused by errors in the approved artwork including but not limited to:
- Graphics orientation or placement and incorrect font usage
- Spelling, grammatical, and punctuation errors
- Wrong die cuts, slits or Incorrect or missing folds
- Incorrect finished product dimensions
Empress Packging is not responsible for any design issues that are not identified by the customer and communicated to Empress Packging before the commencement of the production process.
CUTTING & FINISHED SIZE LIMITATIONS:
Because of limitations inherent in all printing processes, the accuracy of cutting is not guaranteed and by placing an order with us you agree to this limitation. All finished product sizes, including packaging, can have size variations of upto 1/8" in any of the dimensions (height, width, and length) in either direction. Any cuts can also slide up, down, left, or right upto 1/8" in either direction. Since any cuts may be off slightly by as much as 1/8", folds, perforations, and score lines may also be off by as much as 1/8". Under no circumstances will a refund or reprint be honored for cutting or size variations that have occurred during the printing process within these specifications.
MATERIALS:
Please note that the paper/card stock used for printing for our products is not food grade. any such requirement should be communicated in writing immediately. If you've any specific food grade requirement with regards to paper stock, please let us know before placing this order.
COLOR ACCURACY AND HARDCOPY PROOFS:
Empress Packging will reproduce color from submitted print-ready files as closely as possible. However, Empress Packging cannot guarantee color match and color density because of limitations in the printing processes, different properties of various printing surfaces, as well as neighboring image ink requirements. The accuracy of color reproductions is guaranteed to be within 90% of the final proof you approved. Please note that Empress Packging can only guarantee color reproduction for your print-ready files if you order a hardcopy proof for an additional charge. Please note that Empress Packging is not responsible for color variations between submitted print-ready images and the actual artwork or product they represent.
Empress Packging is not liable for color matching or ink density on screen proofs approved by the customers. Screen proofs predict design layout, text accuracy, image proportion and placement, but not color or density. Empress Packging will try to match the gradient density of each color in duo-tone. Empress Packging is not liable for the final appearance of a duo-tone unless the customer orders a color match proof. In addition, application of lamination or other coatings may affect or change the appearance of printed colors. Empress Packging is not liable for the final color appearance of laminated products.
INDEMNITY:
You agree that you shall indemnify and defend Empress Packging and all parties from whom Empress Packging 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 and Conditions or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated into Products that was not part of the standard Site Content.
ORDER CANCELLATION:
Empress Packging will cancel your order prior to the commencement of the printing process. However, if the ordered items have been shipped then the order cannot be cancelled. Orders may be cancelable during the various production stages but cancellation charges will apply. Our Customer Service Team will inform you of any cancellation charges.
- Orders are placed on-line
- Orders are reworked in our design department
- Orders are sent to the press for production
- Orders are collected by the designated courier company and shipped
All orders are cancelable before stage 2. If an order is cancelled in stage 1, you will be charged $15 plus 5% of the total amount to cover payment processing and other bank charges. For orders cancelled in stage 2, a minimum 20% of the total order amount is deducted as cancellation fees to cover our design department's charges and payment processing fees. After an order enters stage 3, we can still try to cancel the order but we cannot guarantee order cancellation. However, if an order is in stage 3, and the customer wants to have it cancelled, a minimum of 50% of the total order amount is deducted to cover expenses. Once an order reaches stage 4, it cannot be cancelled.
DESIGN ORDERS:
Once an order has been placed successfully, No Refunds are issued for any design services orders.
RETURNS AND REFUNDS:
As all orders are unique, All Sales Are Final. If we verify that we made an error, we will re-print the order. No Refunds or Credits.
RE-PRINTS:
Customers must notify Empress Packging within 3 business days of order delivery of any defects, damage, or missing items discovered in the delivered products. Empress Packging will not be responsible for any claims for defects, damage, or missing items that are not filed within 3 business days of the delivery date. In order to receive replacement products, customers must return (at their own expense) at least 99% of the received products within 10 days of the initial order delivery date. No returns will be accepted without prior written return authorization from Empress Packging. All charges related to expedite printing (rush printing or shipping) are NOT REFUNDABLE, including those orders that are returned for any reason.
ORDER SHIPPING AND DELIVERY:
Empress Packging will always act to print and ship orders in a timely manner. In no case shall Empress Packging be liable for any consequences or damages resulting from any delay in the production, shipping, or delivery of the ordered products. Please note that the large orders may be broken into multiple shipments and delivery spread over time in order to maintain production quality and facilitate timely delivery.
Customers agree not to hold Empress Packging liable for delays in shipments caused by technical issues, weather conditions, shipping company delays, international customs issues, or any other circumstances beyond Empress Packging's direct control. Production, shipment, and delivery dates are calculated based upon estimates provided by our suppliers and recent order history and are not guaranteed.
Empress Packging will always act to make sure that delivery schedules are met. However, unexpected equipment failure, malfunction or technical problems may delay the printing or shipping processes. In case of delays in the printing or shipping processes, rush charges or expedite fees will be refunded or waived where applicable. Orders cannot be cancelled due to delays in the printing or shipping processes.
PRODUCTION SPEED & SHIPPING METHODS:
In order to meet customer requirements, we offer the following production speed options:
STANDARD – 12 to 16 Business Days Production Time
Products typically ship within 12 to 16 business days after final proof approval.
PRIORITY - 8 Business Days Production Time
Products ship within 8 business days after final proof approval. Additional fees apply.
EXPRESS - 6 Business Days Production Time
Products ship within 6 business days after final proof approval. Additional fees apply.
Please note that production time for Standard Service is NOT GUARANTEED and is calculated based on our recent production history and may vary depending on the nature of each specific order.
If you have any specific delivery date requirements, please communicate any such requirements to Empress Packging in writing before placing an order. Empress Packging is not responsible for missing any delivery deadlines that have not been communicated in writing to Empress Packging before the placement of an order. In addition, it is the responsibility of the customers to ensure that all required delivery deadlines are included in the job specification sheets that are sent to customers for their approval before the commencement of the production process.
Free ground shipping within United States is included with all orders. Ground shipping can typically take up to 5 business days in addition to production time. Faster shipping methods are available for an additional fee.
Final proof and print specification approval must be received by 12:00 PM otherwise one business day will be added to the production timeline. Please note that production time excludes Saturdays, Sundays, and other holidays.
Final proof and print specification approval must be received by 12:00 PM otherwise one business day will be added to the production timeline. Please note that production time excludes Saturdays, Sundays, and other holidays.
OBSERVED HOLIDAYS:
Empress Packging observes the following holidays:
New Year Day (January 1st)
Martin Luther King Day
President Day
Memorial Day
Independence Day (July 4th)
Labor Day
Columbus Day
Veterans Day
Thanks Giving Day
Day after Thanks Giving Day
Christmas Eve (December 24th)
Christmas Day (December 25th)
DAMAGED AND LOST PACKAGES:
Customers are responsible for inspecting all packages for any visible signs of damage or missing items (when compared to the items listed on the enclosed packaging slips or invoices) before accepting delivery. In case of damage or missing items, the customers should notify Empress Packging and the delivery courier immediately. Empress Packging will not be responsible for any damage or missing items claims that are not filed by the customer within 3 business days of order delivery. Empress Packging is not responsible for 3rd party shipping errors, omissions or damaged shipments.
Each ordered product is usually shipped with a few extra pieces that are free of charge. Seldom order shipment may have slightly fewer pieces than ordered. Printing trade standards allow for underages or overages of up to 5%. Therefore, if exact quantity is needed, then it is suggested that customers should order 10% over the required quantity.
Additional shipping and handling charges will be assessed for packages that have to be reshipped due to the fact that an error was made by the customer in submitting the proper shipping address.
GOVERNING LAW:
The internal laws of the State of Texas shall govern the performance of these Terms and Conditions, without regard to such state's conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the courts located in Bexar County, Texas for all disputes arising out of, or relating to, the Terms and Conditions, use of this website, and any services performed by Empress Packging.
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. 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.
LIMITATION OF LIABILITY:
IN NO EVENT SHALL empresspackaging.com OR ITS LICENSORS, SUPPLIERS, OR VENDORS, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS 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 empresspackaging.com 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 empresspackaging.com OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL empresspackaging.com BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THIS SITE OR IT’S CONTENT.
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