Terms and Conditions
The following Terms and Conditions (“Terms”) between you (“you” or “your”) and Capital Arts (“we,” “our,” “us,” “CA”, or “CA Signs”) describes the terms and conditions on which you may access and use the CA Signs website located at www.capitalarts.net (the “Site”), and related services including any Capital Arts article or material manufactured for sale (“Product”) and sale assistance services (“Services”), together with the Site and Capital Arts website material and information (“Content”). By accessing or using any of the Services, you acknowledge that you have read, understood and agree to be bound by these Terms.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS MAY HAVE CHANGED SINCE YOU LAST ACCESSED OR USED THE SERVICES. BY ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE TO THESE TERMS; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Capital Arts reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, and artwork (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on our website is owned, controlled or licensed by or to Capital Arts, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. We may update the Content, including Product descriptions and specifications, as we deem appropriate and without notice to you. If you have any questions about the existence of more current information, please send those questions to [email protected].
Except as expressly provided in these Terms, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Capital Arts’ express prior written consent.
Your Use of the Site
You agree that you will not utilize the Site to create Products that are offensive, unlawful, harassing, libelous, threatening, profane, harmful, obscene, malicious, abusive, explicit, defamatory, indecent, inflammatory, tortious, hateful, or racially, ethnically or obtrusive of another’s rights including rights of famous persons, privacy and intellectual property. Capital Arts may terminate its service to customers found to be using this Site to engage in undesirable activities. You are solely responsible for your use and the quality of Content in combination with any other images, graphics, text or other materials you incorporate into your Products. You must obtain appropriate authorization from the owners of any copyrighted work before you include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products. By placing an order on this Site, you warrant that you have all necessary consent, right and authority to place the order and you authorize Capital Arts to produce the Products on your behalf. You warrant that your Products do not infringe or encroach upon any rights or privileges of any third party, including copyrights, trademarks, rights of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or consent necessary to incorporate third party material into your Products.
Purchases
Prices and availability are subject to notice. Capital Arts may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time. The materials on the Site with respect to products and services may be out of date, and Capital Arts makes no commitment to give notice of updates to the materials on the Site with respect to such products and services. Capital Arts reserves the right to withdraw any offer and to correct any errors or omissions. If we discover a pricing error after your order has been placed, we will contact you immediately. We will either cancel your order and issue a full refund, or adjust the amount owed to reflect accurate pricing, depending on your preference.
Production Turnaround
Turnaround time is calculated after the order has been “PLACED” and “APPROVED”. Orders are considered “APPROVED” to enter the production phase only if they meet the following conditions:
Order form is filled out completely
Printing files are correctly submitted
The customer has approved the design proof (if requested)
Payment is successfully processed
Turnaround measurement unit is a business day. Weekends and holidays are not considered business days and therefore, production is not carried out on those days.
The turnaround time is determined to be either one or two business days based on whether it’s been approved before or after 2:00 PM. Orders approved by 2:00 PM will enter production on the same business day. Orders approved after 2:00 PM will enter production on the next business day.
For example, an order that has been placed and “Approved” by 2:00 PM on Monday will enter production on Monday. Orders “Approved” after 2:00 PM will enter production on Tuesday.
Files are checked and “APPROVED” in the chronological order in which they are received.
Turnaround time may vary depending on the quantity of the order. Contact our Customer Support to get an exact turnaround time for a large volume of orders.
Payment
Capital Arts uses third-parties for payment processing and doesn’t store any payment information, including credit card numbers and CVV codes. All your credit card information is encrypted with SSL technology to provide safe transactions. We use ABA Bank as payment gateway, which guarantees secure transactions on our website.
By purchasing something from our Site, you automatically agree that any credit card information you supply is authorized for your use, that it’s valid and complete, that charges incurred by you will be honored by your credit card company, and that you will pay the charges at the posted prices, including any shipping fees and applicable taxes.
Cancellations
There are no cancellations once we begin processing your order. You may cancel or make changes to your order before processing has been initiated on our end. We start production about 1 day after an order has been placed so contact us right away to ensure your cancellation request can be honored.
Refunds and Return Policy
If you find there is an issue with your order upon delivery, please notify us immediately (within 3 days of delivery). You can do so by emailing us at [email protected] or calling 086 648886. We will evaluate the issue and if it is due to an error on our end, we will refund or reprint your order and ship it at no cost to you within our standard production time. If the error was your mistake, we will not offer a refund or exchange for any product
If you received a damaged product, please take a photo of the damaged product along with the packaging and send it to us via email. If it was damaged during shipping, we will send you a new printed product without any extra charge.
If there are any mismatches with the ready product and the digital design proof, please send us the photo of the product and we will either fully refund you or exchange the product with the corrected product.
If you damaged the product after unpacking it, then we cannot take any responsibility and we will not offer any refunds.
If you want to cancel the order, contact us right away. If it is still in the pre-production phase, we can cancel or make changes to your order. Usually, we start the production process 2 hours after your order has been placed, so make sure to get in touch with us immediately.
If you want to make changes to the order, contact us within 2 hours and we will postpone the production process if it has not yet been initiated.
You agree that all sales are final. It is entirely your responsibility as the customer to determine the applicability and/or fitness of any purchase made. Carefully consider every aspect of your final design, including the correct spelling of any text, prior to confirming any digital proofs or proceeding to place the order. After you confirm your order, the production process starts automatically within 2 hours. If your order arrives damaged, we will work directly with our shipping provider to resolve the issue. In the meantime, we will either issue a refund or reprint and send out your order within the standard production time.
Shipping Policy
Capital Arts provides free ground shipping on qualified orders over $100 with delivery within Phnom Penh. Orders must be placed before 3 PM. The estimated delivery date will be provided at checkout. Once the package is shipped, customers will be notified through an email. The package can be tracked in the orders section on our website. Guest users can track their orders via email notifications. Capital Arts provides ground, express and freight shipping as well as local pickup. With the pickup option, customers can come and get their product directly from our factory in Phnom Penh, without a delivery fee.
Shipping date will vary based on:
The size of the order; some products take longer to manufacture and ship.
The provided graphics; if the quality of the graphics is too low, it will set back the production time.
The customer feedback; if the customer takes longer to review any digital proofs, this will also postpone production.
Please note:
Orders shipping to other provinces will be charged extra for a customs clearance fee.
The shipping price may vary depending on the location and distance of shipping.
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to open an account. When you create an account with us, you guarantee that you are over the age of 18, and that the information you provide is accurate, complete, and current at all times. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Capital Arts immediately of any unauthorized use of your account or password, or any other breach of security. By creating an account, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Color Matching Disclaimer
Due to differences in monitors and browsers, the appearance of color samples may vary. Monitors are not all calibrated equally and color reproduction on the Internet is not precise. Since it’s not possible to ensure that colors on our website will look the same on all devices, we cannot guarantee that your monitor will accurately portray the colors of the actual sign. We utilize a CMYK printing profile and do our best to produce color accuracy
If you have specific colors that need to be printed on the sign, our designers may ask you for the exact color code to provide exact color-match printing. In such cases, our designers will provide digital proofs of the design and only after your confirmation, we will proceed with the printing. Please remember that even with design proofs, there may still be color mismatches since different computer monitors display colors differently. Capital Arts is not liable for color matching or ink density errors on screen proofs approved by the customers. We will strive to match the gradient density and specifications of each color. Capital Arts is not liable for deviations in the final appearance of a product resulting from the aforementioned technicalities
Limited Right to Use
Your use of the Site grants you only a limited, nonexclusive license to use solely by you for your own personal use and shall not be used for sale, republication, assignment, sublicense, distribution, preparation of derivative works or other such uses. No portion of the Site, Services and Content may be reproduced in any form or by any means, except as expressly permitted by these Terms. You agree not to modify, rent, loan, sell or distribute the Content in any manner, and you shall not exploit the Site, Content and Services in any manner not expressly authorized within the Terms.
Products
You are solely responsible for compliance with any applicable laws and agree to check with any applicable legal authority for the standards, rules and regulations governing the types of signs and products permitted for your particular use. We do not make any claims about the legal compliance of Capital Arts Products or any other materials from suppliers of Capital Arts, LLC.
Limitation of Liability
EXCEPT WHERE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL CAPITAL ARTS BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES AND/OR THE PRODUCTS, EVEN IF CAPITAL ARTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE TO DISCONTINUE YOUR USE OF THE SERVICES AND PRODUCTS AND TERMINATE THESE TERMS. THE SOLE REMEDY FOR ANY UNREASONABLE DELAYS IN SHIPMENT AND RECEIPT OF INCORRECT PRODUCTS, OR ANY INABILITY OF YOUR USE OF THE PRODUCT RESULTING FROM MANUFACTURING DEFECTS OF THE PRODUCT, SHALL BE REFUND OR REPLACEMENT OF THE PRODUCT.
This Site and any information or content on this Site are provided “AS IS” with all faults. Capital Arts makes no representations or warranties of any kind, whether express or implied, with respect to this Site or content or information available on or through this Site except as provided herein. Except as otherwise provided under applicable laws, neither Capital Arts nor its corporate affiliates, nor the directors, officers, employees, agents, contractors, successors or assignees of each, shall be liable for any damages whatsoever arising out of or related to the use of this Site or any other site linked to the Capital Arts website. This limitation of liability applies to direct, indirect, consequential, special, punitive, or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if Site is notified in advance of the potential for any such damages.
Termination
Termination by You
You may deactivate your account and discontinue your use of the Services at any time. In order to deactivate your account, please contact us at [email protected]. By using the Services at any time, you understand that your content may continue to exist and be used on or through the Site and Services even after such deactivation.
Termination by Capital Arts
Any violation of these Terms, including any of the prohibitions in Your Use of the Site, may result in suspension or termination of your access to the Services. Capital Arts may also terminate your account if we determine that your conduct poses a risk or liability to Capital Arts, or for any other reason as determined by Capital Arts in our sole discretion.
Effects of Termination
In each of these cases, the Terms will terminate, including your license to use the Services.
Account and Data Deletion
You may request to close your account and delete your data at any time. In order to close your account and delete your data, please send us your request at [email protected]. Once your account is closed, all your saved data, such as billing address, cart items, project designs and payment methods, will be deleted and cannot be restored. Please be advised that your order history will be retained even after the deletion of your account.
Privacy Policy
For information about the use of personal data, users must refer to the privacy policy of Capital Arts which is hereby considered to be part of these Terms.
Use of Information
When you sign up for Capital Arts, you give us certain information voluntarily. This includes your name, email address, phone number and other information you use to register and make online purchases. We may store your billing information to make it easier to purchase products from our website in the future. Please note that we do not store your credit card numbers or security codes, since all our transactions are made through Braintree, a PCI-compliant gateway. Capital Arts will use reasonable efforts to protect the information submitted by you in connection with the Services, but you agree that your submission of such information is at your sole risk.
Submissions
By sending us any feedback, suggestions, ideas, notes, concepts and other information (collectively, “Submissions”) you grant to us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute, sublicense and otherwise exploit the Submissions, and you waive all moral rights in the Submissions which may be available to you in any part of the world and confirm that no such rights have been asserted. You represent and warrant that the Submissions do not contain any confidential or proprietary information of any third party and that Capital Arts may use your Submissions without restriction or obligation to you or any third party
By submitting an order for a personalized product and upon our completion thereof, we reserve the right to use the personalized product for promotional use as Capital Arts deems fit. If you do not wish to allow us to use your personalized product for such purposes, you must request so by sending us an email at [email protected]
Cookies
Capital Arts and third-party apps use cookies that help us improve customer experience on our website. A “cookie” is a string of information that assigns you a unique identifier that we store on your computer. Your browser then provides that unique identifier to use each time you submit a query to our website. We use cookies on this site to, among other things, keep track of services you have used, record registration information, record your user preferences, keep you logged into our website, facilitate purchase procedures, and track the pages you visit. Cookies help us understand how our website is being used and improve your user experience.
Control Cookies
Most browsers are set to accept cookies by default. However, you can remove or reject cookies in your browser’s settings. Please be aware that such action could affect the availability and functionality of the Site. For more information on how to control cookies, check your browser or device’s settings for how you can control or reject cookies.
Acknowledgement
You acknowledge that you have carefully read and understood all of the provisions of the foregoing Terms and understand that you have the right to seek independent advice, at your own expense, or to propose modifications prior to agreeing to the Terms. You further represent and warrant that you have accepted these Terms voluntarily and after consulting with whomsoever you wish.