Please read these Terms of Service carefully. These Terms of Service govern your access to this site, as well as all sales of our products, and provision of services. Overnight Prints may update these Terms of Service from time to time without notice to you (but the terms existing at the time of any purchase shall apply to such purchase regardless of subsequent revisions). By continued use of our site, or through purchases of our product or our services, you agree to be bound by the terms and conditions set forth in this Terms of Service. In addition, when using particular Overnight Prints' services, you may be subject to additional posted guidelines or rules applicable to our affiliates or subcontractors, or specific to such services as are posted on our site (or on the sites of our affiliates or subcontractors). All such guidelines or rules are hereby incorporated by reference into these Terms of Service.
Overnight Prints currently provides you access to a large collection of on-line design, marketing and printing resources, and will make, sell and deliver printed goods to you (collectively, the "Service"). Unless stated otherwise, every new feature that augments or enhances the current Service, including the release of new Overnight Prints features, shall be subject to these Terms of Service. The Service is provided "AS-IS" and Overnight Prints shall not be responsible for deletion, missed delivery or failure to store any user communication, design, graphic, or photo that you or any other person customizes or supplies. No compensation is offered pertaining to the design of the file in a "PRINT AS IS" state.
Overnight Prints reserves the right to modify or discontinue, temporarily or permanently, any or all of the Service without notifying you. Further, Overnight Prints may without notice terminate your account (or any part) or your use of the Service, and remove and discard any Content (defined in Section 2, below) at any time for any reason or no reason. Possible triggers for such a termination of Services include, without limitation, your failing to regularly use the Service, your violation of these Terms of Service, or changes in the strategic business plans of Overnight Prints. Overnight Prints shall not be liable to you for any loss or damage you may suffer due to any modification, suspension, termination or discontinuance of the Service.
Except as otherwise expressly set forth herein, the following is the only warranty that Overnight Prints gives for the Service (and products ordered through the Service):
YOU USE THE SERVICE AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, Overnight Prints EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow waivers of implied warranties, so to the extent that is true, such legally imposed implied warranties shall last for the shortest time permitted. Further, to the extent Overnight Prints grants express limited warranties below, any implied warranties shall run only as long as the term of such limited warranty. This warranty gives you specific legal rights, and you may have other rights, which vary from state to state or jurisdiction to jurisdiction.
Overnight Prints DOES NOT PROMISE THAT:
EXCEPT FOR THE WARRANTIES CONTAINED IN THESE TERMS, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT Overnight Prints MAY PROVIDE TO YOU SHALL CREATE ANY WARRANTY, AND THESE TERMS CONTROL OVER ANY OTHER SUCH COMMUNICATIONS.
Overnight Prints (AND ITS OFFICERS, EMPLOYEES, AGENTS, VENDORS, AFFILIATES OR SUBCONTRACTORS) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Overnight Prints HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
Overnight Prints' entire liability to you for any matter shall be limited to the amount actually received by Overnight Prints on account of your purchases from Overnight Prints.
This site contains graphics, photographs, images, document layouts, artwork, text, fonts, software tools, and other information ("Content"). You may not retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms of Service. Overnight Prints reserves the right to add to, delete from, or modify any part of Content at any time without prior notice. The image design tools provided on this website employ a limited number of elements, including icons, fonts, color schemes, and design effects. Overnight Prints reserves the right to use all such elements and to make all such elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual image design elements through your creation of an image design and/or your incorporation of an image design into one or more products. Other Overnight Prints' customers may use the same design tools to create images that have similar or identical combinations of these elements. Overnight Prints does not guarantee that your image will not have similarities to images designed and used by other parties. Overnight Prints provides no warranty of any kind that image designs created using the design tools will not infringe, or be subject to a claim of infringing, on the trademark, copyright or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether any image, mark, logo name or design is legally available for your use and does not infringe on another party's rights.
In using the Service, you may not place or reproduce any trademarks, service marks, or logos that you do not have the legal right to use. (Words, names, and designs used to identify services or products are considered trademarks, service marks, or logos). Overnight Prints has the right to reject any materials or Content which Overnight Prints, in its sole discretion, considers to be obscene, defamatory, criminal, in bad taste or in any other way inappropriate (whether or not to print such materials would be illegal or unlawful).
The same policy applies for copyrights. You may not use copyrighted materials from artists, photographers, publishers, writers, composers, and other authors of original works unless they are licensed to you by the copyright holder. While Overnight Prints does not pre-screen Content, Overnight Prints shall have the right (but not the obligation) in its sole discretion to remove any Content that violates the Terms of Service or may otherwise be objectionable. Overnight Prints may preserve Content (but has no obligation to do so) and may disclose any Content including if required by law or if it believes that such preservation or disclosure is reasonably necessary.
Overnight Prints does not censor any material on this website nor review material to determine whether it is in compliance with the law. Consequently, Overnight Prints shall have no liability for materials that are subject to copyright or trademark protections or that is otherwise in violation of the law. Overnight Prints does not control the Content posted by Customers and does not guarantee the accuracy, integrity or quality of the Content. Overnight Prints shall not be liable to you for Content on our website that you may find offensive, indecent or objectionable.
Overnight Prints may establish general practices and limits concerning your use of the Service, including, without limitation, the maximum number of days that Overnight Prints shall retain designs or other uploaded Content, the maximum size of any Content, and the maximum storage space that will it may allocate to you. Overnight Prints is not responsible for the deletion or failure to store any Content. Overnight Prints may delete Content stored on the Service which is inactive for an extended period of time, or for any other reason including changes in its business strategy.
If you believe that your intellectual property rights have been infringed by Overnight Prints or by a user of our Service, please provide our Intellectual Property Rights Agent with a notification that contains the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other rights that have been allegedly infringed.
Identification of the copyright, trademark or other rights that have been allegedly infringed. The URL or product number(s) used in connection with the sale of the allegedly infringing merchandise.
Your name, address, telephone number and email address.
A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the rights owner, its agent or the law.
A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright or other right that is allegedly infringed.
Our Intellectual Property Rights Agent is Paul Barnum who may reached by mail at 9 East Loockerman Street, Suite 202, Dover, DE 19901.
Overnight Prints does not check any submission for spelling, grammar, or any other errors. The design will be printed as it appears during the approval step. It is your responsibility to ensure that all materials submitted for printing are formatted correctly.
Standard File Review
Before you approve file for printing, make sure that your design does not have errors prior to print that will result in a bad print product. Our file specialists will review files for the following common errors (but ultimate responsibility to check such errors is yours):
Other errors our file specialists will not check for include but are not limited to the following:
Decline File Review
If you decline the file review service, the design will be printed as it appears during the approval step. It is your sole responsibility to ensure that all materials submitted for printing are formatted correctly.
Limited Warranty for Products Ordered. Overnight Prints guarantees prints you order and pay for will be in accordance with CMYK industry standards for pleasing color. We offer no guarantee of "match-print" color fidelity and cannot prevent slight color shift throughout an order. Overnight Prints does not guarantee color will match the preview as it appears on a customer's monitor, because monitor colors vary. Overnight Prints is not responsible for any color shift that occurs in conversions from RGB to CMYK color modes. We recommend all custom designs be designed in CMYK and uploaded in CMYK. You may also upload in RGB if you choose, but the color will be converted to CMYK and may not be accurate. If you do upload in CMYK, we ask you to design using our preferred color profile for better color accuracy. Overnight Prints uses the GRACoL2006 Coated V2 color profile.
Orders will not be defective due to printing errors, coating errors, cutting errors, or bindery errors if they were designed within Overnight Prints design specifications.
You may not be able to print or write on the product after purchase. Overnight Prints' products are often coated and can be difficult to print on. UV coated products cannot be printed on while matte covered products may require commercial printers. Satin matte finish allows for easier write ability compared to our UV gloss finish. It is your responsibility to test using a sample and verify that your printer or pen will work before placing an order. Samples can be ordered online for free.
Overnight Prints cannot be held responsible for un-usable QR codes and /or Microsoft Tags after print. Please test the code with the application before file submission. Immediately upon receipt you should inspect all Products to ensure there are no defects and that the order is complete. If a print is found to be defective, Overnight Prints require fanned out photos to show a sampling of the defective product from the front, middle, and end of the package(s) prior to taking any action.
The foregoing warranty does not include defects due to customer errors, such as incorrect file submission in accordance with our specifications, duplicate orders, customer misunderstandings of turnaround time, slight color variances within four color (CMYK) industry standards for pleasing color, disregard for cutting and folding tolerances within stated limits on the website, incorrect paper, cover stocks and coating options chosen for print, undeliverable packages/3rd delivery attempts or refusal or delivery and orders returned without an RMA. No compensation is offered for any of the above or below items.
Overnight Prints is an international company with printing and shipping locations across the United States and Europe. While we make every attempt to ship from the location nearest you, your order may come from any of our locations. Packages shipped outside of the country of origin may be charged a duty based on the receiving country's import tax. Delays can occur depending on your country of origin due to customs. Overnight Prints is not responsible for the payment of this fee or any delay caused by customs.
Overnight Prints utilizes third-party carriers to deliver orders and it is not liable for delivery problems. Overnight Prints makes no guarantee about time in transit of any shipping method. If you do not receive an order by the expected delivery date, or it arrives damaged, you should email firstname.lastname@example.org or call +49 34 297987000 and include order number.
Except for the foregoing limitations, Overnight Prints shall make commercially reasonable efforts to make sure that products ordered before 8:00 pm Eastern Time will be delivered on or up to the date you choose during the checkout process. Overnight Prints' cutoff time of 8:00 pm EST is based on the time we receive notification of a payment clearing, and order acceptance in our production system. Therefore, please avoid placing orders close to cutoff time to avoid delays. Orders placed on hold for any reason may encounter delayed deliveries.
Overnight Prints may have a shortage discrepancy of up to 5% on products. If this occurs, we will grant a prorated store credit, refund or reprint for the number of cards up to the selected quantity. Overnight Prints uses multiple printing presses (offset and digital) thus resulting in variances from order to order. We make reasonable attempts to utilize same type presses to fulfill orders on same invoice, but we cannot guarantee it.
Refused or undeliverable orders that are on time are not Overnight Prints responsibility and these are not subject to reprint, store credit or refund. Orders returned without an RMA to Overnight Prints as undeliverable may be recycled or eligible for reshipment based on the reason of the failed delivery attempt. Please contact us via e-mail at email@example.com or by phone at +49 34 297987000 within 30 days of the scheduled delivery date.
If an order is delayed as a result of the fault of Overnight Prints, the sole remedy shall be that Overnight Prints may (a) upgrade of shipping type, (b) compensation of the shipping difference paid in the form of a store credit or refund. Overnight Prints must be contacted via e-mail at firstname.lastname@example.org or by phone at +49 34 297987000 within 30 days of the scheduled delivery date. Overnight Prints has five business days from the time of notification to respond with one of the resolutions below:
When a package is lost in transit, Overnight Prints will, at its option, reprint with the same production terms or issue compensation.
If the package is located by the carrier it will be rerouted to the customer promptly upon discovery. However if customer receives both original and reprint, customer will be required to pay for the reprint or return at Overnight Prints' cost. Shipping carriers typically require 10 business days for refund of shipping costs.
If the package is not found, Overnight Prints will require confirmation from the carrier prior to issuing compensation.
When packages are damaged in transit, Overnight Prints will reprint with the same production terms or issue compensation. Customer will be required to provide package and contents to carrier.
Overnight Prints recommends payment via credit card, but you may also use PayPal to complete orders. Typical credit card payments clear within 5 seconds whereas electronic checks may take up to an average of 7 business days to clear. This will affect the delivery date chosen and push back your estimated delivery date for all orders are processed based on when payment is received. Please place your order at least 30 minutes prior to the cutoff time to ensure your order is available to print that night. All orders are printed Monday - Friday. If Overnight Prints receives the confirmation after our cutoff time of 8 PM EST, orders may not print that night. Overnight Prints cannot be held responsible for delays if confirmation arrives after 8 PM EST.
Orders may only be canceled through our website using the order status interface. Orders that have already printed cannot be canceled.
OVERNIGHTPRINTS GmbH, with address at Weißeritzstraße 3, D-01067 Dresden, Germany, is liable for all transactions completed on beta.overnightprints.de website.
Overnight Prints must be contacted via e-mail at email@example.com or by phone at +49 34 297987000 within 30 days of receiving your order. Overnight Prints require fanned out photos to show a sampling of the defective product from the front, middle, and end of the package(s) prior to taking any action.
If the product is not deemed defective, and customer chooses to keep the product, Overnight Prints can issue a 50% store credit for the product cost towards a future order. If the product is deemed defective, and of Overnight Prints error, we will reprint the order with the same delivery terms ordered.
Since each order is custom made to customer and has no re-sale value, All Sales Are Final. Full refunds are only authorized with a Return Merchandise Authorization (RMA) Label based on Manager Discretion. Overnight Prints will issue a RMA number so the defective product can be returned for a full refund, but Overnight Prints is not responsible for added pick-up or service fees. Orders that are returned without prior authorization will not be eligible for compensation. All authorized RMAs will go through a Quality Control check prior to the compensation being issued. All defective merchandise, including any and all reprints of the defective set(s) must be returned with an RMA in order to receive a full refund on the defective product ordered.
Overnight Prints does not offer any compensation for customer errors under Limited Warranty for Products Ordered.
If the Product is found to be defective and you request a reprint, Overnight Prints will reprint at no charge with the same production and delivery terms extending from the time of resolution. Overnight Prints may require samples and photos of the defective product prior to taking any action.
If a print is defective because of Overnight Prints error, then you may contact Overnight Prints to request a reprint, an in-store credit, or refund. Overnight Prints must be contacted via e-mail at firstname.lastname@example.org or by phone at +49 34 297987000 within 30 days of receiving your order. Overnight Prints may issue a RMA number so the defective product can be returned for a full refund, but Overnight Prints is not responsible for added pick-up or service fees. Overnight Prints reserves the right to request samples or photos of the defective product before issuing a RMA. Orders that are returned without prior authorization will not be eligible for compensation. All authorized RMAs with in-store credits or refunds will go through a Quality Control check prior to the in-store credit or refund being issued. All defective merchandise must be returned if an RMA is required for an in-store credit or refund to be issued.
Overnight Prints does not offer refunds for any and all customer errors. Reference Section 3.
Overnight Prints does not refund, cancel or credit if the Service failure or defect is caused, in whole or in part, by acts of God, weather conditions, environmental or dangerous goods incidents, perils of the air, public enemies, public authorities acting with actual or apparent authority, acts or omissions of customs officials, authority of law, quarantine, riots, strikes, work stoppages or slowdowns, or other labor disputes or disturbances, civil commotions or hazards incident to a state of war, local or national disruptions in ground or air transportation networks or systems due to events beyond our control, disruption or failure of communication and information systems, disruption or failure of utilities, or other circumstances beyond our control.
Overnight Prints reserves the right to contact you via phone, e-mail, or post mail regarding current and/or future orders placed with Overnight Prints and regarding changes to these Terms of Service. Any customer may opt out of receiving future contact from Overnight Prints at any time, by unsubscribing from our email correspondence.
The Terms of Service constitute the entire agreement between you and Overnight Prints and govern your use of the Service, superseding any prior agreements between you and Overnight Prints.
These Terms of Service and the relationship between you and Overnight Prints shall be governed by the laws of the State of California, without regard to its conflict of law provisions. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Any dispute or claim relating to your use of the Service, or to any products or services sold or distributed by Overnight Prints will be resolved by binding arbitration, rather than in court, except that you must assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
To begin an arbitration proceeding, you must send a letter to Overnight Prints requesting arbitration and describing your claim. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will advance all fees of the arbitration except for the then current amount of the filing fee in Orange County Superior Court which you must pay. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Orange County, California or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
You agree to indemnify and hold Overnight Prints, and its subsidiaries, officers, agents, affiliates or subcontractors, employees, successors or assigns harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of the rights of a third party.
In addition to the foregoing, the following additional Terms and Conditions apply to mailing service orders:
CUSTOMER RESPONSIBILITIES: It is your responsibility to understand and comply with all applicable foreign, federal, state, and local laws, rules, and regulations including, but not limited to, do not call and do not fax regulations. Overnight Prints will not provide any such advice, and does not purport to have expertise in compliance with such laws. You understand that certain jurisdictions have enacted restrictions regarding direct marketing and you should consult with legal counsel regarding applicable laws before initiating a direct mail, fax or telemarketing campaign. You shall indemnify and hold Overnight Prints, its subsidiaries, affiliates, service providers and subcontractors harmless against all claims related, in whole or in part, any failure to comply with such laws, rules, and regulations. For the purpose of resolving any dispute in any way related to your use of the information, or these terms and conditions, the state and federal courts located in Orange County, California shall have exclusive jurisdiction. You agree that such courts represent "convenient and appropriate" forums for this purpose.
EXCLUSIVE LIMITED WARRANTY FOR MAILING SERVICES: Overnight Prints is not liable for the correctness or comprehensiveness of the mailing list which are provided on an AS-IS basis. In no event shall Overnight Prints, its subsidiaries, affiliates, service providers and subcontractors be liable for lost profits, consequential, incidental, or special damages, or other claims of a similar nature. Overnight Prints' entire liability to you, if any, shall be limited to the amount actually received by Overnight Prints on account of your purchase.
Postage and processing fees can be refunded as long as your order has not been put into the mail. Printing fees can be refunded if your order has not yet printed. No reprints or refunds will be issued while an order is in transit. In accordance to USPS regulations, please allow 30 days from the time the product is mailed in order to initiate compensation. Prior to mailing you can follow your order status by signing in to your Overnight Prints account.
The USPS does not guarantee delivery of First Class nor Standard Class Mail. Time in transit varies by destinations and season. Overnight Prints recommend Priority/Standard Ground for orders of 25 or more excess (overages). Excess of less than 25 will be automatically recycled. The Expected Delivery Date is applicable for the excess only. All mailers will be given to the USPS within 3 Business Days. Typical delivery is within 5 business days for First Class Mail and 15 business days for Standard Class Mail, where applicable.
Overnight Prints does not refund postage charges on mailed items. Postage charges are estimated based on bulk mail rates for standard and first class from the USPS. Mailing less than 100 postcards will incur an automatic service fee of $30.00 for processing. The addition of mailing services to a purchase should be expected to increase the shipment date of your order by three business days. Overnight Prints cannot guarantee delivery times on items mailed through the USPS. In the event that there are more mailers than valid records in the mailing list, the excess cards can be shipped to you at a cost or will be thrown away in an insecure location. Do not include confidential or private information in your postcard design.
If the mailing list submitted is invalid or badly formatted, Overnight Prints can clean up your list for you (typically at a minimum $45.00 charge), Overnight Prints can mail the valid addresses and ship the unused cards back to your address, or you can reformat and resubmit your list.
In order for your postcard design to be processed correctly for mailing, refer to design guide - USPS regulations.
Postcard designs containing any vulgarity, pornographic or illegal material will not be mailed.
For design guidelines for the different postcard sizes, please visit USPS Postal Guidelines.
By utilizing our mailing services, you agree that Overnight Prints Mailing Services are complete when the mail is delivered to the United State Postal Service with correct postage affixed. Overnight Prints services do not include further delivery which is the responsibility of the USPS in accordance with USPS regulations.
Enrollment in the VIP Benefits program is automatic once an order is placed. All Overnight Prints customers are considered Members of the program.
Overnight Prints customers will accrue Points with each purchase at the rate of 1 point per dollar spent.
Placement in a VIP Benefits Level is determined by the number of points accumulated over a prior 12 month time period.
VIP levels are calculated on the first working day of each month.
Once a VIP Benefits Level has been achieved the Member will be kept at that level during the 12 month rolling period even if no additional Points are earned.
Points are used to determine the VIP Benefits Level only; they carry no monetary value, and are not redeemable for merchandise or services.
Points are earned at the rate of 1 point for each dollar spent.
To determine points all transactions will be rounded to the next highest dollar value (i.e. 1,01 € will earn 2 Points).
Points accrue only to an individual account. Group accounts or individual accounts with multiple email IDs cannot be combined.
Placement in a VIP Benefits Level is determined by the number of Points accumulated over a trailing 12 month time period.
VIP levels are calculated on the first of each month.
Once a VIP Benefits Level has been achieved the Member will be maintained at that Level for 12 months even if no Points are earned.
Points associated with refunded orders will automatically be deducted.
General Program Information
Overnight Prints and VIP Loyalty Program logos, and other logos and taglines are the intellectual property of Overnight Prints. Membership terms and conditions are void where and to the extent prohibited by law. Taxes may apply where required by law.
Overnight Prints reserves the right to change the number of Points required to qualify for each Level at any time.
Overnight Prints may change the benefits offered at each Level, or the number of Levels at any time, and may discontinue the VIP Loyalty program at any time.
VIP Benefits Member pricing and discounts are subject to change or discontinuation.
Your Membership is non-transferable and is subject to present and future program rules.
Overnight Prints is the final authority on whether a transaction qualifies for a VIP Benefits award and reserves the right to deduct Points if Points are credited in error or if granting points threatens, in Overnight Prints discretion, the integrity of the program.
Employees of Overnight Prints, its affiliates and subsidiaries, are not eligible for Membership in the VIP Loyalty Program.
These Terms of Service are not assignable or transferable by you without the prior written consent of Overnight Prints. These Terms of Service (including all of the policies and other Agreements described in this Terms of Service, which are incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and Overnight Prints are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms of Service.