terms of service
The following general terms and conditions of sale are the exclusive basis of all offers, sales and deliveries of XPOSHOPPE.
Entering into the contract
Unless agreed by us in writing, the general terms and conditions below will govern all relationships between XPOSHOPPE and the purchaser here in after referred to as the CLIENT, who declares it is aware of and agrees to said terms and conditions. In the case of incompatibility with the purchasing terms and conditions of a CLIENT, it is agreed that these general terms and conditions shall prevail over any particular document specific to the CLIENT unless XPOSHOPPE has given prior written approval of said documents.
The fact that XPOSHOPPE does not enforce, at any given time, one of these general terms and conditions cannot be interpreted as a waiver of the ability to enforce any other of said conditions at a later time. Any writing fixed in these rules can be sent by electronic means of communication unless there exists an express provision to the contrary.
Pricing
Prices are subject to change without notice.
Warranty
XPOSHOPPE offers warranties against manufacturing defects. If a product fails due to a manufacturing defect, please contact us immediately with your claim. Upon assessment of the defect, we will at our sole discretion send replacement parts, repair the product in our warehouse, or replace it.
This warranty does not cover damage caused by accident, improper care, negligence or normal wear and tear. Damaged products not covered under this warranty can be returned and repaired for a minor fee to cover parts, labor and shipping. Accessories such as lights, shelves, shipping containers, and bags are excluded from this warranty.
Returns must be accompanied by a XPOSHOPPE-issued return authorization in order to be considered valid. Inbound and outbound shipping charges on returns to XPOSHOPPE are the responsibility of the CLIENT.
If damage occurs during shipping, the dealer must contact XPOSHOPPE within three days upon receipt to report the damage.
No warranty is provided on graphics.
Payment
Payment in full is collected by credit card at the time an order is placed online.
Client’s Responsibility – Supplying Visuals
The CLIENT is solely responsible for the entire content and accuracy of the files sent to XPOSHOPPE for printing. Therefore, the CLIENT must ensure that it owns the rights to reproduce all the elements (photos, logos, images, character fonts, etc.) included in the files that it sends to XPOSHOPPE for printing. The CLIENT assumes full responsibility for damage caused to third parties by the use of elements protected by intellectual property rights, therefore the CLIENT undertakes to indemnify and hold harmless XPOSHOPPE for any claim or action emanating from said offence.
The CLIENT is responsible for providing the files for printing recognizes and expressly declares that it is a graphic art professional, able to understand and apply the instructions given in XPOSHOPPE’s technical recommendations.
XPOSHOPPE could be required to carry out certain technical modifications that it deems necessary to the files provided by the CLIENT if the technical recommendations are not followed (formatting, deleting the mounting marks, bleeds, converting Pantone colours to CMYK, etc.), sent to the CLIENT by XPOSHOPPE, excluding any corrections by the author (“correction by the author” is understood to mean any modification to the composition) for which the CLIENT is required to provide XPOSHOPPE with a new file.
The CLIENT acknowledges being notified that the colours printed on the visual will potentially be different from those that appear on a computer screen or a paper printer. An electronic proof (E-PROOF) is submitted to the CLIENT for each file to be printed (excluding bailout service orders): it is therefore the CLIENT’s responsibility to approve or modify the file before the order is sent for production. Any error relating to the printed visual is the responsibility of the CLIENT and XPOSHOPPE cannot be held liable for errors relating to the file sent, including priority service orders at the request of the CLIENT, for which the E-PROOF is submitted to the CLIENT for information only.
Warranty
As well as the legal warranties, XPOSHOPPE offers a commercial warranty subject to the following terms and conditions:
- SCOPE
1.1. The XPOSHOPPE commercial warranty, hereinafter referred to as the “Warranty”, covers manufacturing or product-quality defects, including defects in the materials and electronic and mechanical components, excluding defects caused by:
- Improper use of the product or defective maintenance:
Defects caused by improper use, and in particular by using the products with parts other than those supplied by XPOSHOPPE, by failure to comply with the assembly instructions, maintenance instructions and warnings provided with the product, by modifications to the product that were not carried out by XPOSHOPPE, and by failure to maintain the product, are not covered by the Warranty.
The Warranty does not cover damage due to misuse of transport products and solutions (such as the transporting of unsuitable objects or those weighing more than the recommendations provided by XPOSHOPPE), accidents, negligence, wear and tear due to friction or exposure to products which damage the materials (water, chemicals, solvents, etc.) or extreme temperatures.
- Normal wear and tear:
The Warranty does not cover defects resulting from normal wear and tear of the products, including the accessories and mechanical and electronic components of the products.
- Cases of force majeure, unforeseeable circumstances, acts by third parties or by the CLIENT:
The Warranty does not cover defects caused by (i) force majeure or unforeseeable circumstances, including, in particular, natural disasters, fire, flood, explosion, electrical surge, storm, earthquake, armed conflict, war, attack, (ii) an act by a third party and/or (iii) an act by the CLIENT and/or by the CLIENT’s employees.
- The graphics supplied by the CLIENT:
As specified in the general terms and conditions of sale, the CLIENT is solely responsible for the entire content and accuracy of the files sent to XPOSHOPPE for printing. Therefore the CLIENT must ensure that it owns the rights to reproduce all the elements (photos, logos, images, character fonts, etc.) included in the files that it sends to XPOSHOPPE for printing. The CLIENT assumes full responsibility for damage caused to third parties by the use of elements protected by intellectual property rights. The CLIENT acknowledges being notified that the colours printed on the visual will potentially be different from those that appear on a computer screen or a paper printer.
An electronic proof (E- PROOF) is submitted to the CLIENT for each file to be printed: it is therefore the CLIENT’s responsibility to approve or modify the file before the order is sent for production. Any error relating to the printed visual is the responsibility of the CLIENT and XPOSHOPPE cannot be held liable for errors relating to the file sent, including priority orders at the request of the CLIENT, for which the E-PROOF is submitted to the CLIENT for information only.
1.2. The Warranty does not apply in the case of forgery, deliberate improper use or destruction.
1.3. The Warranty only covers new products and does not under any circumstances apply to loaned or second-hand products supplied by XPOSHOPPE.
1.4. The Warranty does not apply to printed materials.
- TERM
The Warranty comes into effect on the product delivery date. The delivery date is the day when the product is available and released from the XPOSHOPPE premises (EX-WORKS delivery). The term of the Warranty, which varies by product, is determined as follows:
– 1-year warranty for the following products: ONE, CASES, BAGS, FLAGS, BROCHURE HOLDERS, LIGHTS, BANNERWALL, ELECTRONIC COMPONENTS, HELIX, XPERIENCE, TRANSPORT SOLUTIONS
– 2-year warranty for the following products: SUPREME, AXIS, SET, SPRINT, C.AIR², CONTOUR, HANGING SIGNS
– 5-year warranty for the following products: PANORAMIC, XTENSION², XPRESSIONS, VIRAGE, HELLO.XPRESS
If a product is replaced or repaired under the Warranty, the Warranty term is not increased. The effective start date of the Warranty is still the day when the original product was delivered.
- MAKING A CLAIM
3.1. It is the CLIENT’s responsibility to provide all supporting documentation to prove the existence of the reported defects or anomalies. The CLIENT must give XPOSHOPPE every opportunity to observe these defects in order to correct them. The CLIENT will refrain from carrying out the corrections itself or having them carried out by a third party.
3.2. A claim can only be made under the Warranty after XPOSHOPPE has been able to verify that the product defect exists.
If the defect verified by XPOSHOPPE is covered by the Warranty, the product will be repaired or replaced, at the sole discretion of XPOSHOPPE. If applicable, the cost for returning the goods to XPOSHOPPE is the responsibility of the CLIENT. XPOSHOPPE’s costs for labour, processing and dispatching spare parts are the responsibility of XPOSHOPPE. If the defective merchandise cannot be returned, XPOSHOPPE will provide its CLIENTS with the spare parts and instructions necessary for repair.
No payment will be made for any other type of compensation, penalty or damages.
3.3. XPOSHOPPE reserves the right to substitute, stop manufacturing or modify any product or part at any time, without notice. If a part or product is no longer available or manufactured, XPOSHOPPE will replace it with a part or product with equivalent features.
Claims should be sent to info@xposhoppe.com.
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