Since our company is offering customized and personalized goods we do not issue refunds after the product is shipped, which you are responsible for understanding upon purchasing. Please make sure that you’ve carefully read all relevant product descriptions carefully, proof and reproof read your submissions. We only make exceptions with this rule when we make a mistake.
What information do we collect? How do we use it?
When you submit a form, we know your contact name, e-mail address, mailing address, and information to create your product.
How do we protect your information?
This shopping cart is hosted on a secured server that does not allow access to the public. Firewalls passwords and encryption technology protect the information about our customers we collect and store.
What about “cookies”?
“Cookies” are small pieces of information that are stored by your browser on your computer’s hard drive. We do not place any cookies on your computer or record any information about our visitors other than anonymous technical data used for statistical purposes only.
Will you disclose the information it collects to outside parties?
We do not sell, trade, rent or publish your personal information to any third party.
We are committed to protecting your privacy. We do not sell, trade, rent or publish any personal information.
The contents of this TOS (terms of service) include but are not limited to the following points:
1. Agreement to not use products for fraudulent purposes
2. Agreement to not use products in states/municipalities/countries where prohibited
3. Agreement to not use real names of persons or institutions where prohibited
4. Agreement to hold TrixiePixGraphics Harmless if products are used illegally
TrixiePixGraphics.com offers to customers personalized products, as well as a host of value-added services, as may be more fully described herein and at TrixiePixGraphics.com (the “Site”), as such descriptions may be changed by TrixiePixGraphics.com from time to time. In order for You, the customer, to obtain or continue using those certain TrixiePixGraphics.com services, You must agree to and accept the terms and conditions of this agreement (the “Agreement”). The Agreement sets out the terms and conditions under which you may utilize the TrixiePixGraphics.com Services. Please read this Agreement carefully. It is important that You understand that upon Your acceptance of this Agreement, by continuing to use any of the TrixiePixGraphics.com Services and/or by clicking on the “I AGREE” button at the end of this Agreement, it becomes a legally binding contract.
By continuing to use any of the TrixiePixGraphics.com Services and/or by selecting the “I AGREE” checkbox You represent that You have reviewed and understand the Agreement and agree to be legally bound by all its terms and conditions (including the terms and conditions stated on web pages incorporated by reference herein). If You do not agree or are not willing to be bound by the terms and conditions of this Agreement, please do not click on the “I AGREE” button and do not seek to obtain or continue using the TrixiePixGraphics.com Services.
NOW, THEREFORE, You agree as follows:
1. Your Capacity and Related Matters. By accepting the terms and conditions of this Agreement, You represent and warrant that (a) You are 18 years of age or older, (b) all order-related information You have provided to TrixiePixGraphics.com is true and correct in all respects, and (c) You further represent and warrant that You have the legal authority to accept the terms and conditions of this Agreement and that such acceptance will be binding. TrixiePixGraphics.com reserves its right, in its sole discretion, to refuse to provide You with any TrixiePixGraphics.com Service
2. Undertakings of TrixiePixGraphics.com.
TrixiePixGraphics.com Grant. TrixiePixGraphics.com hereby grants You a non-exclusive, royalty-free, fully-paid upright, to use the TrixiePixGraphics.com Services for PERSONAL, NON-PROFIT, NON-COMMERCIAL use, subject to the restrictions herein and any other restrictions communicated by TrixiePixGraphics.com to You, only as necessary to perform hereunder and for no other purpose.
3. TrixiePixGraphics.com Services. TrixiePixGraphics.com shall provide the TrixiePixGraphics.com Services to You in all material respects in accordance with the terms and conditions of this Agreement.
4. Undertakings of You.
Compliance with Law and TrixiePixGraphics.com Guidelines. In connection with the exercise of Your rights and obligations under this Agreement (including, without limitation, any related to individual privacy), You will comply, at Your own expense, with all laws, policies, guidelines, regulations, ordinances, rules applicable to You, Your business or the Transactions and/or orders of any governmental authority or regulatory body having jurisdiction over the subject matter hereof. In addition, You shall comply with all the current policies, procedures and guidelines of TrixiePixGraphics.com governing the TrixiePixGraphics.com Services. You shall not use the TrixiePixGraphics.com Services in any manner, or in furtherance of any activity that may cause TrixiePixGraphics.com to be subject to investigation, prosecution, or legal action.
5. Intellectual Property.
TrixiePixGraphics.com. The parties agree that TrixiePixGraphics.com owns and retains all right, title and interest in and to the TrixiePixGraphics.com Marks, TrixiePixGraphics.com Services, graphic images, pictures, drawings, texts, programming code, phrases, and layouts and any related technology utilized under or in connection with this Agreement, including but not limited to all intellectual property rights associated therewith. No title to or ownership of any of the foregoing is granted or otherwise transferred to You or any other entity or person under this Agreement. You will not reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or trade secrets for any of the TrixiePixGraphics.com Services or related technology.
6. Chargebacks: There is a growing number of customers in the US and abroad who have discovered that they can sometimes trick a business into refunding on a perfectly good product by filing a “chargeback” with their credit card issuer. The most common trick is to claim the item wasn’t received. Due to this growing problem, TrixiePixGraphics collects a delivery signature on ALL deliveries since early 2008. Another trick often employed by dishonest customers is to claim they did not place the order at all. In those cases, we are able to show IP address tracking and thwart this dishonest ploy as well. Unfortunately, even in those cases in which we win a fraudulent chargeback (and we do prosecute fraudulent chargebacks), the effort and time required to fight said chargeback is considerable and, win or lose, we are “fined” for the chargeback by our credit card processing company. Fraudulent transactions are filed as criminal complaints with law enforcement (usually the FBI) and ALL data we have collected from you and about you is forwarded as a part of that complaint.
7. Use of Trademarks. Each party shall strictly comply with all standards with respect to the other party’s Trademarks contained herein or which may be furnished by such party from time to time. Further, neither party shall create a combination mark consisting of one or more Trademarks of each party. All uses of the other party’s Trademarks shall inure to the benefit of the party owning such Trademark. Each party hereby acknowledges and agrees that, as between the parties, the other party is the owner of the Trademarks identified as its Trademarks in any written notice provided to the other party pursuant to this Agreement. Either party may update or change the list of Trademarks usable by the other party hereunder at any time by written notice to the other party.
8. Mutual Warranties. Each party represents and warrants to the other that (a) it has all necessary right, power and ability to execute this Agreement and to perform its obligations therein; (b) no authorization or approval from any third party is required in connection with such party’s execution, delivery or performance of this Agreement, (c) this Agreement constitutes its legal, valid and binding obligation, enforceable against it in accordance with its terms, (d) the party’s obligations under this Agreement do not violate any law or breach any other agreement to which such party is bound; and (e) it has all right, title or interest, or valid license to use, its respective Marks, and that its grant of rights associated therewith do not violate any intellectual property or other proprietary rights of any third party.
9. WARRANTY. TrixiePixGraphics.com REPRESENTS AND WARRANTS THAT THE TrixiePixGraphics.com SERVICES WILL CONFORM IN ALL MATERIAL RESPECTS TO THE APPLICABLE DOCUMENTATION MADE AVAILABLE TO YOU BY TrixiePixGraphics.com. YOU MAY NOT RELY UPON ANY REPRESENTATION OR WARRANTY REGARDING THE TrixiePixGraphics.com SERVICES BY ANY THIRD PARTY IN CONTRAVENTION OF THE FOREGOING STATEMENTS. THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. TrixiePixGraphics.com DOES NOT REPRESENT OR WARRANT THAT THE TrixiePixGraphics.com SERVICES WILL BE AVAILABLE, ACCESSIBLE, or UNINTERRUPTED. YOU EXPRESSLY ACKNOWLEDGE THAT THE TrixiePixGraphics.com SERVICES ARE COMPUTER NETWORK-BASED SERVICES, WHICH MAY BE SUBJECT TO OUTAGES, INTERRUPTIONS, ATTACKS BY THIRD PARTIES AND DELAY OCCURRENCES. IN SUCH AN EVENT AND SUBJECT TO THE TERMS HEREOF, TrixiePixGraphics.com SHALL USE COMMERCIALLY REASONABLE EFFORTS TO REMEDY MATERIAL INTERRUPTIONS AND WILL PROVIDE ADJUSTMENTS, REPAIRS, AND REPLACEMENTS, WITHIN ITS CAPACITY, THAT ARE NECESSARY TO ENABLE THE TrixiePixGraphics.com SERVICES TO PERFORM THEIR INTENDED FUNCTIONS IN A REASONABLE MANNER. YOU ACKNOWLEDGE THAT TrixiePixGraphics.com DOES NOT WARRANT THAT SUCH EFFORT WILL BE SUCCESSFUL. IF TrixiePixGraphics.com’S EFFORTS ARE NOT SUCCESSFUL, YOU MAY TERMINATE THIS AGREEMENT. THE FOREGOING SHALL CONSTITUTE YOUR SOLE REMEDY, AND TrixiePixGraphics.com’S SOLE LIABILITY, IN THE EVENT OF INTERRUPTION, OUTAGE OR OTHER DELAY OCCURRENCES IN THE TrixiePixGraphics.com SERVICES. TrixiePixGraphics.com DOES NOT WARRANT THE SERVICES OF ANY THIRD PARTY.
10. Your Warranties. You represent and warrant to TrixiePixGraphics.com that:
All representations and statements made by You in this Agreement, or in any other document relating hereto by You or on Your behalf, are true, accurate and complete in all material respects. You hereby authorize TrixiePixGraphics.com to investigate and confirm the information submitted by You herein. For this purpose, TrixiePixGraphics.com may utilize its own agents.
11. You will comply with all laws, policies, guidelines, regulations, ordinances or rules applicable to You and your use of all services and/or products supplied by TrixiePixGraphics.com, without limitation.
12. LIMITATIONS OF LIABILITY AND DISCLAIMERS.
13. DISCLAIMER. TrixiePixGraphics.com EXPRESSLY DISCLAIMS ANY LIABILITY FOR LOSS ARISING FROM OR RELATED TO THE TrixiePixGraphics.com SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE), DUE TO ACCIDENT, ILLEGAL OR FRAUDULENT MEANS INCLUDING HACKING, OR DEVICES USED BY ANY THIRD PARTY, OR OTHER CAUSES BEYOND TrixiePixGraphics.com’S REASONABLE CONTROL. YOU EXPRESSLY AGREE THAT TrixiePixGraphics.com SHALL NOT BE LIABLE FOR ANY LOSS ARISING FROM: (I) A THIRD PARTY’S INFILTRATION OF TrixiePixGraphics.com SERVICES, SYSTEMS OR WEBSITE BY ANY MEANS, INCLUDING WITHOUT LIMITATION, VIA DDOS ATTACKS, SOFTWARE VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, OR ANY OTHER SOFTWARE PROGRAMS, OR TECHNOLOGY; (II) DISRUPTION, DAMAGE, INTERCEPTION, UNAUTHORIZED ACCESS TO OR EXPROPRIATION OF THE TrixiePixGraphics.com SERVICES, OR ANY SYSTEM, PROGRAM, DATA, TRANSACTION OR PERSONAL INFORMATION BELONGING TO TrixiePixGraphics.com, YOU OR ANY THIRD PARTY; (III) THE LIMITATION OF THE FUNCTIONING OF ANY SOFTWARE, HARDWARE, EQUIPMENT OR SERVICE; OR (IV) ACTIONS OR INACTIONS BY ANY THIRD PARTY.
14. EXCLUSION. IN NO EVENT WILL TrixiePixGraphics.com OR ANY OF ITS PARENTS, AFFILIATES OR VENDORS (OR ANY OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS OF THE PARTIES, OR ITS PARENTS, AFFILIATES OR VENDORS) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (HOWEVER ARISING), INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST REVENUE, LOST PROFITS, ANTICIPATED PROFITS, LOST BUSINESS OR INJURY TO BUSINESS REPUTATION, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, UNDER ANY THEORY OF LIABILITY OR CAUSE OF ACTION WHETHER IN TORT, CONTRACT OR OTHERWISE, REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15. LIMITATION. EXCEPT AS OTHERWISE LIMITED, THE TOTAL LIABILITY OF TrixiePixGraphics.com TO YOU (WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE) UNDER THIS AGREEMENT OR WITH REGARD TO THE TrixiePixGraphics.com SERVICES OR ANY OTHER ITEMS PROVIDED BY TrixiePixGraphics.com UNDER THIS AGREEMENT, WILL IN NO EVENT EXCEED THE AGGREGATE COMPENSATION TrixiePixGraphics.com RECEIVED FOR PROVIDING THE TrixiePixGraphics.com SERVICES TO YOU DURING THE THIRTY DAYS PRECEDING THE DATE ON WHICH THE CLAIM AROSE OR $1,000, WHICHEVER IS LESS.
16. Return Policy: Our return policy is simple: We do not accept returns. Nearly all of our products are permanently personalized for the customer at the time they’re ordered. We certainly cannot resell your personalized product. We have occasionally had customers order personalized fake newspapers or fake newspaper posters which they used for a party of some type, then ask for a refund. If your personalized product contains a typo, we will gladly remanufacture it correctly and ship it immediately. But the fact is, we almost never make mistakes. If we do, there’s no need to scream and curse and threaten us with lawsuits—simply ask politely for a replacement. But this policy is to be applied within reason. If you’re a spoiled-brat CEO and you’ve simply changed your mind after ordering $300 worth of custom gift-wrap, for instance, we will not replace your product unless you can demonstrate a real and documentable flaw that renders the product unusable. If you try to invent issues that don’t exist, we’ll simply cut you off. We average less than one mistake per year out of many thousands of orders. We are very good at what we do. We sell a few products (e.g. fake pregnancy tests, fake medical kits, etc.) which are not and can not be personalized. Occasionally we’ll receive a request for a refund, the customer stating that they had intended to play a joke on their boyfriend but decided not to, or that their sister bought it for them and they would never use such a product. We’ll say we’re sorry, but that we have no way of knowing what the item has been subjected to, and we cannot ship it back out to another customer without dismantling and re-making the product. In that case, we’d be better off to simply throw the item away, and since we’d go broke throwing our products away, we elect not to do that. This is a very simple concept: Please be sure you actually want something before you buy it. We sell around the world and this seems to be largely an American problem. We are in the business of selling products. We are not in the business of loaning products for free, nor are we in the business of sending free samples, nor are we in the business of satisfying the sometimes childish whims of some customers. If you purchase a product from us and it is not flawed, you own it. We are not interested in buying it back. We offer no returns or refunds. We will REPLACE your product instantly if we’ve made a mistake in its production.