Terms & Conditions
 
SmartColors.com is provided by Printing for U, Inc., referred throughout this website as “SmartColors”.

Please read these terms and conditions carefully. By accessing and using the SmartColors.com site you agree unconditionally to follow and be bound by these Terms and Conditions. Although you may bypass this Agreement, your use of this Site still binds you to these Terms and Conditions. If you do not agree to the Terms and Conditions below, please do not access and use this site. SmartColors reserves the right to change, modify or end these Terms and Conditions at any time without prior notice.

Terms and Conditions of Order

Satisfaction Guarantee

SmartColors guarantees the quality of its products and services. If you are not 100% satisfied with the product you receive from us, please contact Customer Service by phone at 1-800-671-8871 within 3 business days from the date you receive it. If we verify that we made an error, we will reprint part or all of your order. Since each order is unique to a customer and has no re-sale value, all sales are final. No Refunds or Credit.

In order to receive the replacement Customer must return 100% of the received product within 5 days. All orders that are being returned must be shipped at customer's own expense.

SmartColors will do everything possible to ensure proper and accurate reproduction, and printing quality. However, we shall not be responsible for mistakes which have been approved by the customer and thus fall outside the area of our responsibility:

      • Spelling, punctuation, or grammatical errors made / and or approved by the customer.

      • Low quality reproduction because of low-resolution of provided file (artwork).

      • Errors caused by improper color selection or correction introduced by the customer or its designer in the artwork file submitted.

      • Mistakes made by the customer in user-selected options such as product type, size, finishing options, or quantity.

      • Incorrect file dimensions, image orientation, folding, scoring or other similar which are the result of the file submitted not according to the SmartColors specifications.

      • Damage to the products arising after delivery to the customer.

      • Duplicate orders by the customer.

      • Incorrect shipping address, undeliverable packages/3 rd delivery attempts, or other errors attributable to the customer’s negligence.

Our Guarantee:

      • Color match, cutting and folding tolerances are guaranteed to be within industry standards.

      • This guarantee is limited to reprint of the original order.

      • SmartColors is not liable for U.S. Postal Service or UPS errors, including loss or delay.

      • SmartColors will make sure that delivery schedules are met. However, unexpected equipment failure, malfunction and/ or technical problems may delay the printing process. In case of delay caused by technical difficulty, rush charges/ fees will be refunded or waived where applicable. However, technical difficulty will not be the grounds for order cancellation.

Please preview your designs carefully and correct any issues prior to placing your order.

Payment Methods

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. This is simple and safe. Most of our customers pay this way. Our secure server scrambles your payment data so that only our computers can decode it.

      • Pay by check. Mail your check to SmartColors.com, 2709 Avenue U, Brooklyn, NY 11229. The job will be processed after the check is cleared by the SmartColors’s Bank.

      • Pay on account. Only for approved credit accounts. 

Payment

All prices and amounts shown on this Site are in U.S. Dollars (USD). 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, shipping and processing fees will automatically be charged to the credit card or paid by User with an approved payment method.

Once a print job has been approved by a customer and the order is being processed by the prepress department, no changes to the artwork files, job options, or printing turnaround time are allowed. The customer then is responsible for paying the entire amount of that print job along with the applicable taxes, shipping, and processing fees. In some cases, a refund may be extended to the customer if no work has been done.

No work will proceed until full payment is received by SmartColors, unless the customer has a credit account with SmartColors. 

Sales Tax

SmartColors is required to collect sales tax on purchases shipped to New York state. Tax is calculated based on the printing and finishing product subtotal.

Tax-Exempt or Resale Certificate

Please notify us in advance if you’d like to claim tax-exempt or resale status. Fax a copy of your tax-exempt (ST-119 or ST-121-2) or resale certificate (ST-120) before placing an order to 718-743-0923. After receiving your certificate, we will send you a confirmation Email with instructions.

If tax was charged on your order and you would like to claim tax-exempt status, you can request an adjustment for the amount of the sales tax charged by providing the documentation of your tax-exempt status, we will send you a confirmation Email with instructions. 

Artwork Files

Our prepress department makes every effort to check all artwork files before printing, but you are still 100% responsible for the accuracy of your print-ready artwork files, and we encourage you to proofread the layout, design and copy carefully before submitting.
We have created file preparation guidelines and product templates to assist you in creating print-ready files, and we also offer file preparation support services by phone.

You certify that you have the right to use the image(s) in your artwork files. The customer agrees not to submit any artwork files that could result in any civil or criminal liability or any material that violates the rights of privacy, copyrights or other property rights of any third parties.

We do archive files for up to 18 months for reorders; however, we are not responsible for any files lost. Customers are advised to save a copy of their artwork.

The customer will defend and hold SmartColors harmless in any suit or court action brought against SmartColors by others for alleged damages, costs, expenses (including reasonable attorney's fees), liabilities or losses resulting from circumstances where SmartColors, acting as the customer's agent, uses copy or images, that are believed by others to be degrading or libelous or which in SmartColors’s sole judgment is an infringement on a trademark, trade name, service mark, or copyright belonging to others, or in a suit or court action brought against SmartColors for actions of the customer's employees which may occur as a result of any mailing.

Color Accuracy and Hardcopy Proofs

SmartColors will make every effort to reproduce color from submitted print-ready files as closely as possible, but shell not be responsible for a perfect match of color and density.

The accuracy of each color reproduction is guaranteed to be within industry standards (90% of the final hard-copy proof) you. Please note that SmartColors cannot guarantee color reproduction for your print-ready files if you did not request a hardcopy proof (additional charge will apply).

If you order a “Next Day Hardcopy” proof, your order must be placed, all files uploaded, and all files approved by 1:00 pm EST. For multiple pages jobs such as booklets and catalogs the time for files final approval is 10:00 am EST.

Printing Turnaround Time

Printing turnaround time begins when we receive your final approval for all files needed for the order. If we are unable to print your files because they do not conform to our file requirements, your job status will return to "On Hold - Need Artwork" and your printing turnaround time will be reset.

For the orders approved by 1:00 pm EST printing turnaround time begins on the same business day. For orders approved after 1:00 pm EST printing turnaround time begins on the next business day. Saturdays, Sundays and Holidays are not considered when calculating printing turnaround time. Printing turnaround time does not include shipping transit time. Transit time depends on the shipping method you selected.

Printing turnaround time is guaranteed for jobs with approved payment and approved print-ready files. Cancellation of an order based on printing turnaround time is allowed only if when placing the original order the customer indicates in writing that the order is time sensitive and must be shipped by a target date based on printing turnaround option selected. Please note: when you submit a time sensitive order don’t forget to consider shipping transit time, not only printing turnaround time!

Shipping

Unless you choose Pick Up or Mailing Services, you need to select one of the shipping options presented on the Site.

All shipping is currently done via UPS. Estimated shipping transit time is based on the number of business days in transit and does not include weekends, holidays or the day the package is picked up by UPS.

SmartColors is not responsible for delays caused by UPS.

All packages shipped by UPS are insured for up to $100. If you want your package to be insured for the full price of the order, please send special request for quote to: orders@smartcolors.com

Pick Up orders will be held for 15 business days. After 15 days, we will recycle your order.

Mailing Services

Customer's mailing list(s) is the exclusive property of the customer and will not be sold or offered for use to any other party.

SmartColors responsibility is limited to preparing your mailing and completing delivery to the U.S. Postal Service (“USPS”). SmartColors delivers to all Destination Sectional Center Facilities of the U.S. Postal Service in Tri-State Area. In no event shall SmartColors be liable for USPS performance failures or delivery delays.

SmartColors is not liable in any case for loss of business, incidental or consequential damages or costs in excess of billing for services related to the specific job.

Mailing lists purchased by the customer through SmartColors and postage fees paid to the USPS are non-refundable.

Miscellaneous

Since each order is unique to a customer and has no re-sale value, all sales are final. No Refunds or Credit once SmartColors begins working on your order, which means your initial artwork files reached our Prepress Department or once you place an order with design services.

Within 30 days of purchase, a partial or full refund may be extended to the customer if no work has been completed by SmartColors. Please note that such refund would be reduced to cover any fees charged for proofs, processing or other services associated with that order.

All artworks and finish products we create are the property of SmartColors. Even though these products will NOT be sold or given to any other party, we reserve the right to distribute free samples of your printed product

General Terms and Conditions

Copyright Notice

You, the User, acknowledge that all content included on this Site, including, without limitation, the software, information, data, copy, photographs, graphics, illustrations, icons, etc. are intellectual property and copyrighted works of SmartColors and/or third-party providers. Reproductions or storage of Content retrieved from this Site, in all forms is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code.

Corporate Identification and Trademarks

"SmartColors", "SmartColors.com", and any and all other marks appearing on this Site are trademarks of SmartColors in the United States. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify the Trademarks in any way without SmartColors's prior written permission. SmartColors does nor allow the use of Trademarks as a "hot" link on, or to, any other Web site without such a link is pre-approved by SmartColors in writing.

Use Restriction

You may only use this Site to purchase the products or/and services .

It is a violation of law to place an order under a false name or with an invalid credit card. Fraudulent users may be prosecuted to the fullest extent of the law.

Email

We encourage you to share your questions and ideas with us, but we may not be able to respond to all of them. Also, please remember that you are responsible for whatever material you submit and that you, not SmartColors, have full responsibility for any message that you send, including its reliability, originality and copyright. Please do not transmit any trade secrets or other confidential information in your e-mail messages.

Privacy

You confirm that you have read, understood and agree to the SmartColors Privacy Policy.

Our site's registration form requires users to give us contact information, like their name and email address. We use customer contact information from the registration form to send the user information about our company. The customer's contact information is also used to contact the visitor if they have subscribed to the mail list. Users may opt-out of receiving future mailings by choosing to un-subscribe.

This site may contain links to other sites. We are not responsible for the privacy practices or the content of such web sites.

Security

This site has security measures in place to protect the loss of the information. All data is protected using the most advanced methods available. We do not store confidential information such as credit card numbers or social security numbers on this site.

General Limitation of Liability

IN NO EVENT SHALL SMARTCOLORS OR ITS LICENSORS, SUPPLIERS, OR VENDORS, - 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, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SMARTCOLORS BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THIS SITE OR IT'S CONTENT.

Indemnification

You agree to defend, indemnify and hold harmless SmartColors 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.

You agree that you shall indemnify and defend SmartColors and its affiliates, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising from or related to your use of this Site. You agree that you shall indemnify and defend SmartColors from any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated into Products that was not part of the standard Site Content.

Third Parties

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.

User Comments, Feedback and Other Submissions

All comments, feedback, questions or suggestions submitted shall become and remain the exclusive property of SmartColors. The Comments may be used for any purpose worldwide, without obtaining your specific permission to such Comments. You agree you will be solely responsible for the content of any Comments you make.

Links to other Web sites and Services

This Site contains links to outside services and resources which are in no way related to SmartColors, 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.

Entire Agreement

These Terms and Conditions, together with the Privacy Policy govern your visit to SmartColors. We reserve the right to make changes to our site, policies, and Terms of Use at any time. If any of these conditions shall be deemed invalid, void, illegal or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Governing Law

SmartColors is based in Brooklyn, New York. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in Brooklyn, NY. You agree to submit to the jurisdiction of Brooklyn, NY courts and agree that venue in these courts is proper in any such legal action or proceeding for all disputes arising out of, or relating to, the Terms and Conditions and use of this Site.