Terms & Conditions

By using or placing any orders on Xarisma.com or with Xarisma, Inc. (“Xarisma”), you agree to be bound by the following Terms and Conditions, along with our Privacy Policy and all other policies. Xarisma reserves the right to update these Terms and Conditions at any time without prior notice. You agree that if you are dissatisfied with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue using Xarisma.

Age Restrictions

Xarisma.com is intended for use by individuals 18 years of age or older. If you are between the ages of 13 and 18, your use of Xarisma must be under the supervision of a parent or legal guardian. In no case is Xarisma permitted to be used by children under the age of 13. By using or placing any orders on Xarisma, you represent that you are 18 years of age or older, or, if you are not 18 years of age or older, that you are under the supervision of a parent or legal guardian.

Pricing and Availability

Prices and availability of products on Xarisma are subject to change without notice. Xarisma is provided on an “as is” and “as available” basis, and makes no representations that the site will be available for use, free of errors or inaccuracies or will meet your requirements.

Use of Artwork

You acknowledge that you have the legal rights to use and reproduce any images, slogans or other information in the artwork which you submit to Xarisma for printing. You agree not to upload, submit or request to be printed any artwork that a) could give rise to any civil or criminal liability, either for you or Xarisma or b) could infringe upon the rights of privacy, publicity, copyrights or other intellectual property rights without the express permission of the owner of these rights. Xarisma reserves the right to refuse to print any material that it believes could be in violation of any laws or intellectual property rights of another party, or any material that it deems to be profane or obscene.

Production Times

Any production times listed are standard production times that can vary based on a range of factors, including but not limited to quantities ordered, availability of materials and quantity of orders already in the production queue. Production days are Monday through Friday, excluding any observed holidays. Production times are calculated from the date the artwork is approved through the date of shipment. Production times do not include shipping transit time, and we are not responsible for any delays caused by shipping carriers. Xarisma will use its best efforts to meet the production times posted, but in no instance are production times guaranteed.

Termination of Use

Xarisma may, in its sole discretion, terminate your account or your use of Xarisma.com at any time, without notice and for any reason.

Payment

Unless previously granted terms by Xarisma, your credit card will be charged at the time of order, and we will not begin the printing any products until payment is received in full. All prices listed are in US dollars, and payment must be made in that currency. In the event that an order is cancelled prior to printing (or in the event of a non-custom order, prior to shipment), your credit card will be refunded, though a restocking fee may be charged.

Returns & Refunds

All custom-printed products are non-refundable. Once an order has been approved, the sale is final. Certain non-customizable products, if unused, may be returned for a refund within 5 days of receipt, provided that a restocking fee may be charged. Errors made by Xarisma in the manufacturing process will be reviewed and addressed, but Xarisma does not accept any liability for errors in the art approved by the customer, including but not limited to spelling, punctuation or color selection. In the event of a product defect or printing error, you must notify Xarisma within 5 days of receipt. You agree that it is the sole discretion of Xarisma to determine whether a product has experienced a manufacturing or printing defect, and if such determination has been made, Xarisma will, at its sole discretion, either replace or refund the product. Defective products may be required to be returned to Xarisma prior to issuance of a refund.

Art Submissions & Proofs

Any artwork submitted to be printed should be according to the file requirements provided. A PDF proof will be provided for your approval, and neither the physical printing process nor the production time quotes will begin until we receive this approval from you. You are solely responsible for verifying the accuracy and completeness of the proof.

Sales & Use Tax

Xarisma will collect and remit sales tax in the jurisdictions in which is required to do so. In the event that sales tax is not charged, you are responsible for determining whether or not you have an obligation to file any sales or use taxes in your jurisdiction. If you are exempt from sales tax, please forward a copy of your exemption certificate to accounting@xarisma.com.

No Warranty

Except as expressly stated at www.xarisma.com/warranty, Xarisma specifically disclaims any and all warranties of any kind whatsoever, whether express or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. No oral advice or written information given by Xarisma or any of its employees, associates or agents shall create a warranty.

Disclaimers, Limitation of Liability and Assumption of Risk

Xarisma will not be liable to you or any third party for any consequential, incidental, indirect, punitive or special damages (including damages relating to lost profits, loss of data or goodwill) arising out of, relating to or connected with the use of Xarisma.com or the purchase of any products from Xarisma.
You understand and voluntarily accept any risk associated with the products and/or services provided by Xarisma or any use thereof except where prohibited by law. You agree that Xarisma will not be liable for any injury, including, without limitation, personal, bodily, or mental injury, economic loss, or any damage to you resulting from negligence or other conduct of Xarisma and/or its employees, associates or agents, or from the products or services produced and/or delivered thereby.

Indemnification & Hold Harmless

You accept full legal liability for the content of the material you submit to and/or request Xarisma to print. You agree, to the maximum extent allowed by law, to indemnify, hold harmless and defend Xarisma and its officers, employees, agents and representatives, from and against any claims, demands causes of action, loss, expense or liability resulting from any and all of the following: (a) your submission of content to Xarisma and/or your request of said content to be printed by Xarisma, (b) your use of Xarisma and the placing of any orders thereon, and (c) your use of any products or services ordered from or provided by Xarisma. Your agreement to defend, indemnify, and hold Xarisma harmless includes the reimbursement to Xarisma of any and all reasonable attorneys fees, including but not limited to fees incurred to enforce this Agreement. If you have to defend and indemnify Xarisma hereunder, Xarisma will have the right to control the defense, settlement, and resolution of any claim. You may not settle or otherwise resolve any claim without the express written permission of Xarisma.

Entire Agreement

These Terms & Conditions, together with the Privacy Policy and all other policies, constitute the entire agreement (collectively, the “Agreement”) between you and Xarisma regarding your use of the site and any purchases made from Xarisma (whether by ordering online or through any other method). This Agreement supersedes any prior understandings or agreements, whether oral or written, and cannot be amended or modified except in writing by Xarisma.

Governing Law

This Agreement will be governed by the laws of the State of Alabama, without regard to its conflicts of law provisions. You consent to the sole and exclusive jurisdiction and venue of the courts located in Madison County, Alabama for any disputes arising under, related to or in connection with this Agreement, and irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to such venue or jurisdiction of any such proceedings.

Severability

In the event that a court of competent jurisdiction determines that any of the provisions of this Agreement are void or unenforceable, the validity and enforceability of the remaining provisions shall not be affected.

Paragraph Headings

Paragraph headings in this Agreement are provided solely for convenience and shall not be construed as affecting any rights or obligations under this Agreement.