Terms and Conditions of sale
1. Services offered by the website
1.1 The Website provides web-to-print services (collectively referred to as the “Services”), including customised printing of content (which does not include, as further specified in the following paragraphs, any editorial service or control of possible infringements of third-party rights), in various formats and on various materials (the "Products") with home delivery solely within the territory of the United Kingdom of Great Britain and Northern Ireland. Unless specified otherwise, these Conditions apply to all Services offered by Pixartprinting, where compatible. The provision of Services may be entrusted by Pixartprinting to third-party subcontractors or subsuppliers.
1.2 To access the Services, Users must register on the Website in the designated My Account area. Only purchases of Services made by Users as individuals will be subject to the consumer law pursuant to Italian Legislative Decree no. 206 of 06.09.2005 (the "Consumer Code").
The credentials created to access the website can also be used to register for the website www.pixartprinting.co.uk (the "Pixartprinting Website"), also owned by Pixartprinting S.p.A.; alternatively, users can choose to use different credentials for the Pixartprinting Website. Registering on the Pixartprinting Website is entirely optional.
1.3 All final product prices displayed on the Website are given in Pounds Sterling and can be viewed with or without VAT, depending on the country or registration type. The prices of the Services are subject to periodic changes and variations. Shipping costs are considered to be included in the price for certain Products as part of special offers. For all other Products, shipping costs are to be paid by the User.
2. Product selection, order and purchasing method
2.1 The information and details given on the Website should not be considered as offers: they are simply an invitation to Users to do business by sending purchase orders. The proposal to purchase Products is formulated by the User at the moment the order form is sent in electronic format at the end of the procedure provided by the Website and described below.
2.2 Once they have been authenticated, the User will be able to proceed with the selection of Products as described in the appropriate sections, by selecting them individually, customising them with their own images or designs or with images or designs suggested by Pixartprinting, and adding the required quantity to the shopping basket. Some images may be provided for information purposes only and may differ from the appearance of the delivered Product. The user remains solely responsible for verifying the content, spelling and artwork of the uploaded images or designs.
2.3 Once the images or designs to customise the chosen Products have been uploaded following the procedure indicated on the Website, an order checkout screen will be displayed showing the costs and total order value for all the Products selected. The User can then submit the order by clicking on the corresponding order acceptance button on the Website.
2.4 Should there be technical problems preventing the User from uploading files in the “File Upload Area” on the Site, the User may use third party file-sharing services to share files with Pixartprinting. Pixartprinting shall keep proof of receipt of the file by reporting such receipt in the User’s account screen on the Site. The User represents and warrants to be the owner of all rights relating to the use of the content uploaded through the external file-sharing service. The User further declares and warrants that the uploaded content does not infringe any intellectual property rights of third parties and that it does not cause any damage to the reputation, honour, decorum, moral integrity or any other pecuniary or non-pecuniary damage resulting from the printing of the images or content uploaded by the User. 2.5 Once the order has been sent, the User will receive an order confirmation that describes the Products ordered, the price of each Product, the corresponding taxes, the shipping costs and the payment method chosen. The contract is considered concluded and binding when Pixartprinting sends the order confirmation to the User at the email address s/he provided when registering on the Website. Nevertheless, the Parties agree that, notwithstanding the aforementioned end of contract, the transfer of ownership of the Products from Pixartprinting to the User takes place with the delivery of the Products to the courier, pursuant to Article 6 below.
2.6 Pixartprinting reserves the right, at its sole discretion, to refuse any order. The reasons for this may include:
- the information provided by the User when filling in the order form being incomplete or incorrect;
- the User not meeting the requirements for the terms of payment;
- the Products ordered not being available.
In the examples listed above, Pixartprinting will inform the User by email that the order proposal was not accepted (in full or in part), specifying the reasons for the non-acceptance, and that the contract was not therefore concluded. In this case, Pixartprinting will reimburse to the User any sums the User has already paid.
2.7 The contract will be archived, with access provided to the User.
3. Payments
3.1 Users can purchase Services online and make payments using the payment methods indicated on the Website by following the instructions provided for their chosen payment method. The information required for payment will be forwarded using cryptographic protocols to the payment institution entrusted by Pixartprinting with the processing of remote electronic payments, without any third party being able to access the information. Payments must be made in advance, and only once the payment has been made and a "print-ready" file has been uploaded by the User will the selected items be sent for production.
3.2 The invoice will be made available to the User in a dedicated section of the My Account area: it is the responsibility of the User to access this area, print the document and store it in accordance with applicable legislation.
4. User responsibility for uploaded content
4.1 The selection of content and images to be printed, as well the obtaining of authorisation for their reproduction, where necessary, is the sole responsibility of Users. Pixartprinting will not under any circumstances check content, apart from aspects within the limits set out in paragraph 5 below.
4.2 Pixartprinting cannot in any way be held liable for the unauthorised use of images by Users or for any breach of third-party rights relating to them. The User is the sole party responsible for all consequences of uploading content and images to the Site. In order to use the contents uploaded by the User, he declares to have verified , to be in possession and guarantees on the necessary permissions, licenses, rights and/or authorizations in order to upload such contents on the Site and to use them within the scope of the Services, including printing reproduction. Pixartprinting disclaims any liability in relation to such contents, their confidentiality, use, publication and/or dissemination. The User therefore releases, indemnifies and holds harmless Pixartprinting from any liability towards third parties for breach of intellectual property rights, damage to image, honour, decorum, moral integrity or any monetary or non-monetary damage resulting from the printing of images and content uploaded by the User resulting from the use of personal data and/or the receipt of the Products by the recipients of the Service.
4.3 Pixartprinting reserves the right, at any time, to stop any order, and if necessary to cancel, which clearly breaches the intellectual property rights of third parties or which is defamatory, violent or otherwise contrary to public law and decency or unlawful.
5. Automatic checking of uploaded files
5.1 Pixartprinting's system automatically checks the compatibility of the photo uploaded by the user solely in terms of its resolution. The verification system does not perform any checks concerning possible infringements of third-party rights.
5.2 If a photo is sent with a low resolution, the system will inform the User through a dedicated alert on the Website; in this case, the User can decide freely whether to proceed with the order regardless or whether to upload a photo with a higher resolution.
6. Delivery and shipping times
6.1 Products will be delivered solely within the territory of the United Kingdom of Great Britain and Northern Ireland and on the dates selected by the User when ordering.
6.2 As the sales process also involves shipping, the delivery times provide an indication only and are not guaranteed since, regardless of the payment made by the User, they depend on the delivery performance of third parties, such as couriers, and are calculated from the completion of the order. Delivery dates are valid for most parts of any given country. Islands and more remote areas could require two or more additional working days. 6.3 The order will not be considered complete until the moment the file has been uploaded and the corresponding payment has been made by the User.
6.4 Files or payment confirmation received after 19:30/10:30 CET will be considered to have been sent on the following working day. Working days are classed as Monday to Friday except for New Year’s Day, 6 January, 25 April, 1 May, 2 June, 15 August, 1 November, 8 December, Christmas Eve, Christmas Day, Boxing Day, New Year’s Eve and Easter Monday.
6.5 Under no circumstances will Pixartprinting be held liable for any damages caused by a late delivery, which is carried out by couriers that are third parties external to Pixartprinting.
6.6 Risks relating to Products are passed to the User at the moment the Products are handed over to the courier.
7. Right of withdrawal
7.1 With the exception of that set out in paragraph 7.7 below, in accordance with the provisions of articles 52 et seq. of the Italian Consumer Code, Users qualifying as consumers have the right to withdraw from the contract, without penalties and without giving a reason, no later than 14 days after receiving the Products (or, in the case of multiple goods ordered through a single Order and delivered separately, after the day on which the User or a third party designated by the user, other than the courier, takes physical possession of the final goods).
7.2 To exercise their right of withdrawal, the User must, before the deadline set out in the previous paragraph, inform Pixartprinting of their decision by sending a written communication to the following address: Pixartprinting S.p.A., via 1° Maggio, 8, 30020 - Quarto d’Altino (VE), Italy. This message can also be sent via email to support@gifta.com.
7.3 When exercising their right of withdrawal, the User must return the Products received to Pixartprinting, ensuring they reach its headquarters at the address given above, without undue delay and in any case within 14 days of communicating their decision to withdraw from the contract; this deadline will be considered to have been met if the Products are sent by the User before the 14 days elapse.
7.4 The cost of returning the Products shall be borne by the User.
7.5 The User must return the Products in an undamaged state. The Products must be carefully packaged to prevent the original packaging being damaged, written on or having labels affixed to it. The consumer is liable for any reduction in value of the goods resulting from any handling of the goods other than that required to establish their nature, characteristics or functioning.
7.6 When the right of withdrawal is exercised in compliance with the instructions above, Pixartprinting will, within 14 days of receiving the notice of withdrawal, refund the User all payments received relating to the order, using the same payment method used by the User for the initial transaction, where this reimbursement does not lead to the User accruing additional costs; however, pursuant to article 56, paragraph III of the Italian Consumer Code, Pixartprinting may withhold the reimbursement until it has received the goods or until the User has proven that they have sent the goods back, whichever situation occurs first.
7.7 Pursuant to article 59, letter c of the Italian Consumer Code, Pixartprinting hereby informs Users that the right of withdrawal excludes all Products and goods that are made to measure or customised for the User with printing of content or images selected and uploaded by the User themselves.
8. Disclaimer - product defects
8.1 Pixartprinting will not be held liable by Users for damages of any kind, whether direct or indirect, deriving from possible errors, of any type, in the printing of the file sent by the User, except in the case of wilful misconduct or gross negligence. Users that qualify as consumers can ask Pixartprinting, within the time limit set out in article 132 of the Italian Consumer Code, to provide the remedies provided for by the Italian Consumer Code for any defects in the Products existing at the time the goods are delivered. In all cases, Pixartprinting is excluded from any liability in the event of force majeure or any events outside of its control that make it entirely, partially or temporarily impossible to perform the Services.
8.2 Upon delivery, the User must thoroughly examine the products received. Any defects in the delivered items, printing errors or defects in the material’s packaging not attributable to the User must be reported immediately to the courier or to Customer Services. The items must be accepted with a signature, which is subject to verification. The User must then contact Pixartprinting's Customer Services, making sure to attach photographic evidence where requested, within 8 days of the delivery of the materials. Pixartprinting will do its best to respond to any complaints received within two hours.
9. Applicable law, jurisdiction and competent court Alternative dispute resolution.
9.1 These Terms and Conditions and the orders placed under them are governed by Italian law.
9.2 All disputes regarding the interpretation and/or implementation of these Terms and Conditions and the orders placed under them fall under the exclusive jurisdiction of: - the court of Venice (Italy) for purchases made by Users that cannot be defined as consumers; or - the court of the User's place of residence or legal domicile, for purchases made by Users that can be defined as consumers.
9.3 Consumers resident in the European Union should be aware that the European Commission has launched an online platform that provides an alternative dispute resolution tool. This tool can be used by European consumers to resolve any dispute concerning and/or deriving from sales contracts of goods and services entered into online without requiring court proceedings. As a result, and notwithstanding that set out above in this section, Customers making purchases as consumers may use this platform to resolve any dispute arising from the online contract entered into with Pixartprinting. The platform is available at the following link: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=EN.
10. Contact details
10.1 For further information and assistance regarding the Website, making purchases through the Website or orders, users may contact Pixartprinting through its Customer Service department by email to support@gifta.com, or by letter to the following address: Pixartprinting S.p.A., via 1° Maggio, 8, 30020 - Quarto d’Altino (VE) – Italy.
Rev. no. 4 - 21/12/2023 These general terms and conditions apply exclusively to orders received by Pixartprinting S.p.A. after the revision date.