Welcome to Gemprint.ca. This Web site is provided by Gemprint as a service to our customers. Please review the following rules that govern your use of the Gemprint.ca site. Please note that your use of the Gemprint.ca site (the “Site”) constitutes your unconditional agreement to follow and be bound by these Terms and Conditions. Although you may “bookmark” a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to these Terms and Conditions. Gemprint reserves the right to update or modify these Terms and Conditions at any time without prior notice to you, and we encourage you to review these Terms and Conditions whenever you use this Site.
Section A of these Terms and Conditions applies specifically to orders placed with Gemprint. Section B of these Terms and Conditions applies to all products and services available through the Site.
Terms and Conditions of Order
The Gemprint Satisfaction Guarantee
Gemprint stands behind the quality of its products and services. If you are not satisfied with your purchase from us, contact Customer Service by phone at 416-666-1676 within 30 days from the date you receive it (or the date it was scheduled to arrive).
Gemprint is committed to customer satisfaction, and we do everything possible to ensure excellent printing quality. Gemprint will run your order through our 16 point checklist for errors. You will be responsible for fixing any errors discovered in the process, or you can authorize us to print as is; however, you are subject to the following exclusions listed below under File Submissions, and Shipping and Delivery.
Certain circumstances are beyond our control and are not covered by this guarantee. Please note that we cannot be responsible for:
- Spelling, punctuation, or grammatical errors made by you.
- Inferior quality or low-resolution of uploaded images.
- Design errors or color selection errors introduced in the artwork file creation process submitted by you.
- Errors in user-selected options such product type, size, finishing options, or quantity.
- Incorrect dimensions, image orientation, or file submission in accordance with Gemprint specifications.
- Color match guarantee without a hardcopy proof approval.
- Delivery delays due to improperly prepared files.
- Duplicate orders by the customer.
- Incorrect file layout for folding, scoring, hole drilling, die cutting or other custom services.
Shipping and Delivery
- Incorrect shipping address, undeliverable packages/3rd delivery attempts, or other errors created by you.
- Damage to the products arising after delivery to you.
- Satisfaction guarantee does not apply to shipping claims. We will reprint orders damaged or lost by shipping carrier.
- We reserve the right to have you return the original order before reprinting or refunding your order.
- We are not responsible for any damages or claims incurred by you or your business caused by receiving printed materials which are defective or incomplete or which you receive later than the estimated delivery date.
All prices and amounts shown on this Site are in Canadian Dollars (CAD), unless otherwise noted. If a User submits a request on the Site to purchase printing products, mailing services, design services or other services, the User agrees that all charges, taxes and shipping and processing fees will automatically be charged to the credit card or paid by User with an approved payment method. Such amounts will be posted on this Site.
Once a print job has been approved by you and “sent to press” on the Site, no changes are allowed to the artwork files, job characteristics, or printing turnaround time. After a print job has been sent to Gemprint’s prepress department, you are responsible for paying the entire amount of that print job along with applicable taxes, shipping, and processing fees, unless otherwise noted.
Please note that no work will proceed on any print job in your order until full payment is received by Gemprint.
All purchase requests must be submitted with an approved payment method unless otherwise expressly stated. Approved payment methods include any of the following methods:
- Pay by credit card.
- Pay by pre-pay or check.
- Pay on account.
- Pay by PayPal.
Our Sales Tax Policy
Gemprint is required to collect and remit sales tax in all Canada jurisdictions that administer such tax.
For any tax-exempt person or entities, please email a copy of your tax-exempt certificate to the attention of the Credit Department at [email protected].
Color Accuracy and Hardcopy Proofs
Gemprint will reproduce color from submitted print-ready files as closely as possible, but cannot exactly match color and density because of limitations in the printing process, as well as neighboring image ink requirements.
The accuracy of each color reproduction (of the final printed product) is guaranteed to be within 90% of the final proof you approved or Gemprint will reprint your job at no charge. Please note that Gemprint cannot guarantee color reproduction for your print-ready files if you: (a) did not request a hardcopy proof; or (b) purchased a product that does not feature a hardcopy proof option. Please note that we accept no responsibility for color variations between submitted print-ready images and the actual artwork or product they represent. For guidelines, visit our Help Center.
You are responsible for the accuracy of your print-ready artwork files, and you must proofread all files carefully before submitting to Gemprint. As postal regulations are subject to change, you are also responsible for complying with current mailing restrictions for your layouts. Check with your local Post Office for current guidelines and restrictions. Please use our file preparation guidelines and product templates to assist you in creating print-ready files. We also offer design services for a fee.
You certify that you have the right to use the image(s) in your artwork files. DO NOT send any “one-of-kind” transparencies, prints or artwork. Although we take every precaution to safeguard your materials, we are NOT responsible for loss or damage of images or artwork.
Under these Terms and Conditions, you agree that you will NOT upload any artwork files consisting of the following material: any material that could give rise to any civil or criminal liability under applicable law; and any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons who are shown in the material if applicable. Gemprint is unable to print sexually explicit materials, including photographic genitals, and violently explicit materials.
Printing Turnaround Time
Printing turnaround time begins once your order has been placed and your print-ready files have been uploaded to your account, attached to your printing job, and approved for printing. Please note that if we are unable to print your files because they do not conform to our file requirements, your job status will return to “Need Artwork” and your printing turnaround time will be reset.
For printing jobs that do not have complete digital source files provided, printing turnaround begins when we have your print-ready file(s) for your print job, not from when the order is first submitted.
If your job or proof is approved by 12:00 p.m., printing turnaround time begins that business day. For example, a job for three-day printing turnaround that you approved by 1:00 p.m. on Tuesday will be shipped out to you by end of business Friday. Please note that Gemprint offices are closed Saturdays, Sundays and major holidays. As a result, these days are not considered when calculating printing turnaround time. In addition, printing turnaround time does not include shipping transit time, and you should allow additional business days for delivery based on the shipping method you selected.
Shipping and Arrival Times
Shipping transit times vary, and Gemprint assumes no responsibility for delays caused by shipping carriers, weather or any damages resulting from the failure to receive a job on time. Your order may arrive late due to unforeseen delays in delivery service, the breakdown of equipment, illness, etc. Gemprint is not responsible for delays due to improperly prepared files.
Target arrival dates are calculated by adding the printing turnaround time to the shipping transit time. Both printing and shipping times are based on business days only and do not include weekends or holidays. For example, a product with a printing turnaround time of two business days and a shipping method of 2nd Day Air would have a target arrival date four business days after your files have been received by us. The cut off time for accepting files is 12:00 p.m. If your files are in by that time, we will commit to printing and shipping your product within the selected timeframe.
You agree that shipping terms for all Gemprint products are shipped “Freight On Board Shipping Point” or “F.O.B. Shipping Point” – title and risk of loss transfers to you at time of shipment or pickup.
Pick-up orders will be held for 30 days at our facility. After 30 days, we will recycle your order.
All sales are final, unless otherwise noted. No refunds are given once Gemprint begins working on your order, which means Gemprint has received your necessary materials (i.e., digital files and payment) and started work on your job (i.e., your job is in production).
Orders not sent to our printing presses within 180 days are available for a full refund. After 180 days, orders are not available for a refund.
Please note that your printed product or images used for your printed product will not be used in any marketing collateral without your prior written consent.
IN NO EVENT WILL Gemprint BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR OTHER DAMAGES WHETHER OR NOT Gemprint HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. Gemprint’S ENTIRE LIABILITY UNDER, FOR BREACH OF, OR ARISING OUT OF PROVIDING THE SERVICES HEREUNDER, IS LIMITED TO A REFUND OF THE FEES PAID FOR THE PRODUCT OR SERVICE THAT GAVE RISE TO THE CLAIM. IN NO EVENT SHALL Gemprint BE LIABLE FOR YOUR COST OF PROCURING SUBSTITUTE GOODS.
You will defend and hold Gemprint harmless in any claim, suit or action brought against Gemprint by others for alleged damages, costs, expenses (including reasonable attorney’s fees), liabilities or losses resulting from circumstances where Gemprint, acting as your agent, uses copy, photographs, or illustrations that are believed by others to be degrading, libelous or harmful to their reputations, images, or standing in the community or which in Gemprint’s sole judgment is an infringement on a trademark, or trade name, or service mark, or copyright belonging to others, or in a claim, suit or action brought against Gemprint for actions of your employees which may occur as a result of any mailing.
General Terms and Conditions
You, the User, acknowledge that all content included on this Site, including, without limitation, the information, data, software, photographs, graphs, typefaces, graphics, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, “Content”) are intellectual property and copyrighted works of Gemprint and/or various third-party providers (“Providers”).
You may only use this Site to make legitimate requests to purchase the products or services offered (each, a “Request”), and shall not use this Site to make any speculative, false or fraudulent Requests. You may not use robots or other automated means to access this Site, unless specifically permitted by Gemprint. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site. You agree to promptly update your membership information (if applicable) in order to keep it current, complete and accurate.
It is a violation of law to place a Request in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users may be prosecuted to the fullest extent of the law.
Permission is granted to electronically copy and print in hard-copy portions of this Site for the sole purpose of using this Site as a shopping resource. Any other use of materials or Content on this Site, including reproduction for a purpose other than that noted above without Gemprint’s prior written consent is prohibited.
We encourage you to share your comments and questions with us, but we may not be able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas), and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future Gemprint programs. Also, please remember that you are responsible for whatever material you submit and that you, not Gemprint, have full responsibility for any message that you send, including its reliability, originality and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any, and all, rights to materials and ideas submitted to us become the exclusive property of Gemprint.
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.
General Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GEMPRINT, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AFFILIATES (COLLECTIVELY, THE “COVERED PARTIES”), BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If, notwithstanding the above, a Covered Party is found liable for any loss or damage relating to the use of this Site, the User agrees that the liability of any such party shall in no event exceed the fee or charge to the User assessed by Gemprint for making a Request.
You agree to defend, indemnify and hold harmless Gemprint and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site. You also certify that you own rights to or have a license to use the image(s) being reproduced as part of your order.
If you use this Site to submit Requests for or on behalf of a third party (“Third Party”), you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third Party of all Terms and Conditions applicable to all products or services acquired through this Site, including all rules and restrictions applicable thereto.
Each User using this Site for, or on behalf, of a Third Party agrees to indemnify and hold each Covered Party harmless from, and against, any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third Party’s or the User’s failure to fulfill any of its obligations as described (above). The User is directly responsible for any Request submitted, including related fees, charges and performance obligations.
User Comments, Feedback and Other Submissions
All comments, feedback, suggestions and ideas disclosed, submitted or offered to a Covered Party in connection with your use of this Site (collectively, “Comments”), shall become and remain the exclusive property of Gemprint. The Comments may be used by a Covered Party in any medium and for any purpose worldwide, without obtaining your specific consent and you relinquish all rights to such Comments. No Covered Party is under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.
Links to other Web sites and Services
To the extent this Site contains links to outside services and resources, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. None of the Covered Parties guarantees or warrants the accuracy or completeness of the information or content included on the Web sites of these outside services and resources. The outside services and resources are in no way related to Gemprint, and are neither its employees nor agents.
Termination of Usage
User access to all or part of this Site may be terminated or suspended at any time, without notice and for any reason.
The captions in these Terms and Conditions are only for convenience and do not, in any way, limit or otherwise define the terms and provisions of these Terms and Conditions.
None of the Covered Parties are responsible for any errors or delays in responding to a Request caused by an incorrect email address provided by you or other technical problems beyond their control.