Terms of Service
- “Online Store” or “Store” – an online store operating at www.primebackdrops.com
- Regulations – the following provisions.
- Customer – a person, legal person or other entity that uses the information posted on the Store’s website to purchase the products offered therein.
- Sales contract – a contract for the sale of a product offered in the Online Store available at www.primebackdrops.com, concluded between the Seller and the Customer.
- Individual order – an order involving the production of an individual background based on photos available in the Store.
ONLINE STORE TERMS
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
The online store, operating at www.primebackdrops.com, is run by the “Seller”.
The Regulations adjust the rules for purchasing products offered in the Online Store, define the rights and obligations of the Customers and the Seller, and regulate the Seller’s liability rules. The Seller undertakes to sell the products offered in the Online Store under the Regulations.
The Customer is obliged to comply with the provisions of the Regulations from the moment of registration in the Online Store.By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”).
These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (excluding credit card information), may be transferred unencrypted and involve:
- transmissions over various networks
- change to conform and adapt to technical requirements of connecting networks or devices.
- Credit card information is always encrypted during transfer over networks.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
Certain content, products and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation:
- to maintain any comments in confidence;
- to pay compensation for any comments;
- to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as outlined in the Terms of Service, you are prohibited from using the site or its content:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or any related website, other websites, or the Internet;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose;
- to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for an indefinite period of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
You agree to indemnify, defend and hold harmless primebackdrops.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed under the laws of Poland.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.
The subject of the Online Store’s commercial offer are products that are artistic handicrafts made to the customer’s order and others presented on the website available at www.primebackdrops.com.
The Store’s website contains all the necessary information about the products that enable them to be selected and assessed. Products offered in the Store are made by hand using various methods of their production, without the use of methods used in industrial mass production.
All orders placed by the Customer are treated as an individual order based on guidelines or selected photographic and descriptive examples from the store www.primebackdrops.com. That the informative description states otherwise and specifies the price and the date of completion.
The final design of the products may differ from the presented examples due to the characteristics of the product and it is not a basis for withdrawing from the purchase.
A customer interested in purchasing products offered in the Online Store places an order by selecting and then accepting the product he is interested in. putting it into the “basket”.
The store also allows the order for a given product to be placed by e-mail, provided that the data necessary for its implementation is sent to the following e-mail address: email@example.com. Individual orders are also placed by the store or by e-mail. In the case of an order placed by e-mail, the Customer is obliged to provide his name and surname with the address of residence or company and the address of its registered office, delivery address, contact telephone number, product name and the number of ordered pieces. Placing an Individual Order by the Customer requires also providing parameters characterizing the ordered product allowing for its production, such as, for example, size, colour, etc.
By placing an order with the above-mentioned rules, the Customer submits an offer to buy a specific product. Submitting an order in any other way is ineffective and will not lead to the conclusion of an agreement with the Seller.
The conclusion of the Sales Agreement takes place as a result of the Seller’s confirmation of the order. The order is confirmed by e-mail. The Seller is obliged to confirm the acceptance of the order within 3 Business Days from the date of its receipt or refuse to accept the order within this period if the order cannot be processed under the terms of the Regulations for reasons not attributable to the Seller.
By concluding the Sales Agreement, the Seller undertakes to deliver the agreed product to the Customer and transfer the ownership of the product to the Customer, and the Customer undertakes to collect the product and pay the agreed price before the product is made.
The customer acknowledges that the products offered in the Online Store are mostly manufactured by hand using traditional methods, which entails consequences regarding the quality of their performance, such as, for example, natural durability and functional properties of the product
Manual production of products causes that none of them is identical, even if they are made according to the same pattern. Hence, the product purchased in the Store may be slightly different from the product of the same type presented in the Store.
The usual consequences of manual production of the products offered in the Store are inherent and are not considered to be physical defects of the products.
CHANGES AND CANCELATION OF THE ORDER
The Customer has the right to resign from the product purchased from the Seller within one month from the date of receipt of the shipment containing the product. The customer may resign from the product only if the product has not been damaged or damaged in any way or shows signs of use. We will not bear the cost of your return shipping fee, please contact us to get the return address.
The right to withdraw from the contract is not available to customers who purchase the product under an individual order.
In case of withdrawal from the Sales Agreement and return of the purchased product by the Customer, the Seller is obliged to reimburse the Customer for the costs incurred in connection with the purchase of the product, including the price of the product and shipping costs, however, the costs of returning the product are covered by the Customer. The funds due to the Customer for withdrawing from the Sales Agreement will be transferred to him within no more than 14 days from the date of receipt by the Seller of the returned product.
Because it is purely hand-painted, we cannot guarantee that it is the same as the pictures on the Site
The Seller delivers the ordered products to the delivery address indicated in the order placed by the Customer. It is not possible to collect the product directly at the Seller’s premises, the Seller also does not have direct sales points. The delivery date depends on the type of order and the payment method chosen by the Customer.
The duration of an individual order is agreed each time with the customer unless the description of the product provides otherwise, the customer acknowledges that the subject of the contract of sale is a product that will be manufactured only after placing the order by him. The order fulfilment period may exceed 30 days.
The costs of delivery of the products depend on the choice made by the Customer regarding the entity to which the delivery of the product will be ordered and the form of payment. The customer is always informed about the delivery costs before concluding the Sales Agreement.
Any additional costs related to the delivery unknown to the seller on the day of sale and resulting from the performance of the contract are covered by the customer.
RECEIPT OF THE PRODUCT BY THE CUSTOMER
Upon receipt of the product, the Customer is obliged to check its compliance, completeness and technical condition.
The customer is responsible for checking and assessing whether the delivered product has mechanical damage caused during transport. Such damage should be reported to the supplier, and a damage report must be drawn up, indicating the type and probable cause of the damage.
The report is signed by the customer and an authorized employee of the supplier. In the event of mechanical damage caused during transport, the Customer is entitled not to pick up the parcel.