Terms & Conditions

 

Introduction

Welcome to Imprimerie BCSS Inc. (“BCSS”) website, which is doing business as “Pix to Art” and “pixtoart.com”.

 

 

  1. Terms and Conditions

The following Terms of Service (“TOS”) contain the terms and conditions that govern your (also referred to as “User”) use of the Website and the purchase of our products.  Use of the BCSS website constitutes acceptance of these TOS.  Pix To Art is a trademark of BCSS.

BCSS reserves the right to add, delete and/or modify any of the terms and conditions contained in this TOS, at any time and in its sole discretion, by posting a change notice or a new agreement on the BCSS website.

This TOS constitutes the entire and only agreement between us and you, the User, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings.

 

  1. Eligibility to use Website

BCSS will only knowingly provide service to customer that can lawfully enter into and form contract under applicable law.  If site User is under age of 18, but at least 13 years of age, he/she may use the BCSS services under supervision of parent or legal guardian after they agree to these TOS.  BCSS website is not intended for children under age of 13.

BCSS website pixtoart.com grants users limited revocable license to access and use the website for its offered services, subject to Users’ compliance with these TOS.  BCSS does not allow customers to collect or use information collected on the website to compete with BCSS or to create derivative work based on the content of the website.  If User uses the information other than per TOS, BCSS may revoke the access and pursue other legal course of action permitted under applicable state or federal law.

 

  1. Scope

The scope of this Agreement is the production of prints or images submitted by User to BCSS via online interface and the printing thereof by BCSS and subsequent shipment of finished product(s) to the User.

BCSS is entitled and reserves the right to have all or part of its services performed by third parties.

 

  1. Prohibited Use

User can only use the website as expressly permitted by BCSS.  User may not cause harm to the website.  Specifically, but not by way of limitation, user may not:

  • Interfere with website performance by using viruses or any other technology or program designed to affect performance, content, and appearance of the website.
  • Modify, create derivative works from reverse engineer, decompile or disassemble any technology.
  • Collect any user information used for registration.
  1. Copyright

User is solely responsible for the content of any submitted image files.

User warrants that it will not submit any image file that infringes any patent, trademark, copyright or other intellectual property right of any party and agrees to indemnify BCSS in case of any violation of aforesaid rights according to the indemnification provisions.

 

  1. Reservation of Rights

BCSS reserves the right, but does not assume the obligation, to monitor transactions and communications occurs through website.  If BCSS determines, in its sole and absolute discretion, that User will breach a term or condition of these TOS, BCSS may cancel such transactions and restrict access.

BCSS may modify the site pixtoart.com at any time without any prior notice and will occur no liability for doing so.

 

  1. Representations and Warranties

User of the site represents and warrants to BCSS that in use of the pixtoart.com, User will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party.  User further represents and warrants to BCSS that there are no claims, demands, or any form of litigation pending, or to the best of User’s knowledge, threatened with respect to any of User’s content.  BCSS will not be required to pay any third party related to using the content provided by the User.  User content should not cause direct or indirect injury to any third party and should be free of viruses or any other program or technology that can cause direct or indirect damage to the site.

 

  1. Limited Warranty

Except as otherwise specified herein, BCSS warrants that (i) all goods and services purchased hereunder are free from defects in material and workmanship; (ii) it has good title to the goods and the right to sell them to the purchaser; and (iii) the goods and services shall conform to the written specifications, if any, received from the User.

 

  1. Disclaimer and Exclusions

BCSS provides a website pixtoart.com service on an “as is” and “as available” basis.  BCSS does not represent or warrant that site will be uninterrupted, will be free of errors and in accuracies, will be reliable, and will meet User’s requirements.  BCSS makes no warranties other than those made expressly in these TOS, and hereby disclaims any and all implied warranties, including without limitation, warranties of fitness for a particular purpose, merchantability and non-infringement.

BCSS will not be liable to any User or any third party for any consequential, incidental, indirect, punitive or special damages (including damages relating to lost profits, lost data or loss of goodwill arising out of relating to or connected with (a) the use of the site or any service or products based on any cause of action, even if advised of the possibility of such damages (b) the content contained on the site, or (c) any delay or failure in performance beyond control of the covered party.

 

  1. Limitation of Liability

In no event will the liability of BCSS exceed the value of the goods ordered or services rendered.  Value of the goods or services are limited to the stated value on the BCSS site pixforart.com or charged to the customer.

The warranty period for all goods delivered by BCSS will expire in 3  calendar days after the date of delivery of goods to the customer, unless a written claim for indemnification has been received within that delay.

The warranty excludes misuse or abuse by the User and negligence of the customer.

 

  1. Indemnification

User agrees to indemnify and hold BCSS and its employees, partners, suppliers, representatives, agents, affiliates, directors, officers, managers and shareholders (if applicable) harmless from any damage, loss, or expenses including reasonable attorney’s fees incurred in connection with claim, demand or action brought against any of said parties as a result of a breach by User of any of these TOS.

 

  1. Registration

User might be asked to register at the site.  User must agree to provide accurate, complete registration information.  Each registration is for personal use only  and access to that information should be made available to multiple users.  BCSS does not permit any other person uses registration section beside User’s own registration.

 

  1. Color Issues

BCSS uses standard industry software for designing and printing purpose.  We do not guarantee any color matching or exact color print.  Slight color variations are possible and should be considered as acceptable and will not be considered production mistake and will not be eligible for refund or return or reproduction.  We use best judgment to match color, but if you need visually match color, we suggest ordering sample product.

 

  1. Production

BCSS uses production facilities inside and outside of Canada.  It cannot guarantee where the production will be done for each product and order.

 

  1. Design Proofing

BCSS will not proof read any design made by User.  Please double check all your design before submitting order.  BCSS cannot be held responsible for mistakes in design made by the customer.  BCSS will print submitted file as it is form.  In case where proof is requested, , BCSS will produce using last proof approved by the customer.  Any mistake/changes in the proof has to be done before approval of the proof.

 

  1. Response time

BCSS requires user to respond to all information or proof approval request in three (3) days.  If User fails to respond to the request for any reason, BCSS will use best judgment on if and how to proceed.

 

  1. Delays

BCSS shows estimated delivery date for each order on the pixforart.com site.  These dates are indicative dates and are based on production ready orders and do not include any public holidays or shipping delays.  Any delay due to shipping has to be addressed directly with the shipping company.

 

  1. Refunds and Returns

Due to the custom nature of the products ordered by the customer and created on demand by BCSS, returns are not accepted.

However, BCSS believes in customer satisfaction.  If you find any defect in our print, we will make it perfect for you.  This includes any manufacturer’s defects such as loose or wavy canvas, bubbles, scratches or fading.  If this occurs we will either replace your print or fix it at our cost.

If you require a reprint, the process can be expedited by providing a digital image of the damage or defect along with a clear description of the problem.  Try to be as descriptive as you can while sending defective image.

 

  1. Miscellaneous

These TOS will be binding upon each party hereto and their successors and permitted assigns and governed by and construed in accordance with the laws of the Province of Québec without reference to conflict of law principles.  These TOS will not be assignable, transferable by User without the prior written consent of BCSS.  These TOS contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understanding between the parties regarding its subject matter.  User and BCSS are independent contractors and no agency, partnership, joint venture or employee-employer relations is intended or created by these TOS.

 

  1. Notice

All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by any of the following methods:  (a) Canadian mail or Courier (b) electronic mail.  All the notices to BCSS should be sent to (e-mail address) and also hard copy with signature and contact information should be sent to company address.

 

  1. Dispute resolution

In the event of dispute, all disputes arising out of, relating to or connected with these TOS, or your use of any part of the pixforart.com service, will be exclusively resolved under confidential binding arbitration in accordance with the Code of Civil Procedure of the Province of Quebec.

 

 

  1. Newsletter Subscription

By placing the order you agree to receive promotional email and other newsletters from BCSS regarding order confirmation and other emails.

 

Contact Information

 

PixToArt : Enterprise a division of BCSS Printing Inc.

9820 Meilleur Suite 100

Montreal Quebec

Canada

H3L 3J4