Shipping & Returns
Summary: Please read these terms very carefully as they form a binding Agreement between you and Powell Studios regarding the use of our services and website. At the beginning of each Section, you'll find a short summary to help you navigate the document. Note that these summaries do not replace or represent the full text.
The following terms and conditions constitute a legally binding contract (this "Agreement") between you (“you” or “your”) and Powell Studios, that governs all use by you of the PowellStudios.net or PowellStudios.co.uk website (the "Site(s)") and the services available on or at the Site (taken together with the use of the Site(s), the "Services"). We’ll refer to Powell Studios and all of its subsidiaries and affiliated companies collectively as "Powell Studios", "we", "our", "us", etc. Powell Studios a print-on-demand ecommerce company, illustrator, website developer and business branding design and integration, ecommerce development, web and social content, and dropships products ("Products") directly to you.
YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THIS AGREEMENT. FURTHERMORE, BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THE SITE, YOU ACCEPT AND ARE BOUND BY THIS AGREEMENT.
If you do not agree to this Agreement, do not use the Site or any other Services.
If you use our Services only for your personal use, you are considered a "User" or “Client” or “Customer”. If you use our Services to execute orders or deliver Products to third parties (including Customers), you are considered a "Merchant" or “Third Party” or “3rd Party”.
REGARDLESS IF YOU ARE A USER OR MERCHANT, SECTION 18 OF THIS AGREEMENT REQUIRES THAT ALL DISPUTES (AS DEFINED BELOW) ARISING FROM OR RELATING TO THIS AGREEMENT BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN BY JURY TRIAL OR CLASS ACTIONS, EXCEPT AS OTHERWISE PROVIDED BY SECTION 18. IF YOUR COUNTRY OF RESIDENCE IS IN THE EUROPEAN ECONOMIC AREA OR THE UNITED KINGDOM THIS APPLIES TO ANY ACTION YOU MAY WANT TO BRING AGAINST POWELL STUDIOS IN THE UNITED STATES.
Summary: You need to be of a certain legal age to use Powell Studios, and you're fully responsible for your account and the use of our services. If you violate our Terms of Service or otherwise act in bad faith, we can modify, cancel, or refuse service at any time.
Powell Studios may change, suspend or discontinue the Services, Products, fees, charges, terms at any time, including the availability of any feature or content, but without affecting orders for European Economic Area Users or the United Kingdom which Powell Studios has already confirmed.
Powell Studios may also impose limits on certain features and Services or restrict the User's access to parts or all of the Services without notice or liability. If you are an individual (rather than an organisation or entity), then you certify to Powell Studios that you are at least 18 years of age, however, if you are an individual residing in Japan, you certify to Powell Studios that you are at least 20 years of age. If you are using the Services on behalf of an organisation or entity then you certify that you are legally authorised and permitted to bind such organisation or entity to this Agreement and use the Services. Notwithstanding the aforementioned, you agree to take full responsibility for your selection and use of the Services. This Agreement is void where prohibited by law, and the right to access or use the Services is revoked in such jurisdictions.
Summary: We reserve the right to modify our terms, services, and fees. Please follow changes to our terms by checking in with the Policy updates section on our website.
Without affecting orders for European Economic Area Users or orders for Users in the United Kingdom which Powell Studios has already confirmed, Powell Studios reserves the right, at its sole discretion, to modify this Agreement and its terms, as well as the fees and other charges for our Services, at any time.
All such modifications will become effective immediately after Powell Studios posts them on the Site. You shall be responsible for reviewing and becoming familiar with all such modifications, and you agree to review the terms of this Agreement each time you access or use the Site so that you are aware of any modifications made to this Agreement. Use of the Site and other Services by you after Powell Studios posts the modifications on the Site constitutes your acceptance of the terms and conditions of this Agreement, as modified. If you do not agree to the modified terms, you are not authorised to access or use the Site or other Services, and you must send Powell Studios a written notification, including via email (and any Powell Studios accounts will be deleted), to close your account within 30 days of notice.
Summary: Powell Studios respects intellectual property rights and asks you to do the same. Anything you upload to Powell Studios will remain yours, and you're responsible for it. We'll only use the content you submit to provide you with our services. If we receive a Digital Millennium Copyright Act (DMCA) takedown notice for content you've submitted, we may remove the allegedly infringing content or suspend access to the Powell Studios website services and forums/blogs.
All content (including all information, images, pictures, data, text, photographs, graphics, messages, and other materials, hereinafter "Content") that you post, submit, upload, display, sell or use, hereinafter "post", using our Services, Forums or Blogs is your content. We don’t make any claim(s) to it. That includes anything you post using our Services (like your Content, images, shop name, your customer reviews, comments, videos, usernames, etc.).
Responsibility for the Content. You understand that you are solely responsible for the Content that you post on or through the Services. You represent that you have all necessary rights to the Content, including all necessary rights to post it or use it on your Products sold, manufactured, or warehoused by Powell Studios. You also represent that you’re not infringing or violating any third party’s rights by posting the Content or using the Content on your Products sold, manufactured, or warehoused by Powell Studios.
Permission to Use the Content. Powell Studios agrees that any Content that you post using our Services will remain yours. This means that we will never use your Content except with your express permission or as otherwise provided in this Agreement.
Rights You Grant Powell Studios. By posting your Content, you grant Powell Studios a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual licence to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of your Content to provide the Services and to promote Powell Studios or the Services in general, in any formats and through any channels, including across the Services, third-party website, advertising medium and/or social media. You agree and represent that you have the rights to grant this licence to us.
Reporting Unauthorised Content. Powell Studios respects intellectual property rights and follows intellectual property laws. We are committed to following appropriate legal procedures to remove infringing content from the Service(s).
Intellectual Property. Powell Studios respects your work and empowers you to express your voice and ideas. We ask that you respect the work and creative rights of others. You need to either own the Content you post to Powell Studios, or have the express authority to post it. Content must comply with right of publicity, trademark and copyright laws, and all other applicable national, state, and federal laws.
Trademarks and Infringement of Intellectual Property. We are committed to following appropriate legal procedures to remove infringing content from the Services. Powell Studios will try to accommodate and not interfere with standard technical measures used by copyright owners to identify and protect their works. Powell Studios reserves the right to do any or all of the following at any time at our sole discretion: (i) immediately suspend your use of the Services; and/or (ii) remove, block, and disable access to any of your Content that is alleged to infringe the intellectual property rights of others. When we receive notice of intellectual property infringement, Powell Studios strives to respond quickly by removing, blocking, or disabling access to the allegedly infringing material. When Powell Studios removes, blocks or disables access in response to such a notice, Powell Studios makes a reasonable attempt to contact the allegedly infringing party, provide information about the notice and removal, and, in cases of alleged copyright infringement, provide information about counter notification.
Counter DMCA Notifications: If Powell Studios receives a DMCA counter notification, Powell Studios will send a copy of the counter notice to the original complaining party. Unless the copyright owner files an action seeking a court order against the allegedly infringing party and informs Powell Studios of this action, the removed, blocked, or disabled material may be replaced or access to it may be restored 10-14 business days after delivery of the counter notice to the original complaining party. If an action is filed, any Content removed, blocked, or disabled shall remain removed, blocked or disabled at the sole discretion of Powell Studios.
Repeat Infringement: Powell Studios may terminate any account privileges of Members that are subject to repeat notices of intellectual property infringement as determined by Powell Studios at its sole discretion.
DMCA Cooperation: Powell Studios’s copyright infringement notice and Content removal policies and procedures are intended to comply with the requirements and obligations of service providers under the Digital Millennium Copyright Act (DMCA). To the extent any requirements and obligations of service providers under the DMCA change or are different than set forth herein, Powell Studios’s policies and procedure may likewise change in accordance with the DMCA requirements and obligations of service providers.
Copyright and Trademark Responsibility. You agree and represent by accepting this Agreement and using our Services that you own all rights (including copyrights) for the Content you post, or if you are not the owner, that you have permission to use and reproduce the Content in connection with the Services, and that you have all of the rights required to post your Content. Likewise, by accepting this Agreement and using our Services, you agree and represent that you own or have permissions to use all copyrights, trademarks, service marks, trade dress, and trade names incorporated into the Content you post or use in connection with any Content and the Services provided under this Agreement.
Inappropriate, False, or Misleading Content. This should be common sense, but there are certain types of Content we don’t want submitted to our Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, illegal or otherwise offensive or in violation of any part of this Agreement. You also agree not to post any Content that is false or misleading or uses the Services in a manner that is fraudulent or deceptive.
4. Limited Warranty on Products
Summary: Please read this section very carefully—it covers our obligations and responsibilities for Powell Studios services. If you have an issue with your order, you may be eligible for a replacement product or refund, so reach out to us as soon as possible.
Does not apply to Users residing in the European Economic Area or the United Kingdom (see Section 7).
Limited Warranty. We warrant that, at the time of delivery of a Product to a User or the Merchant’s Customer, the Product will not be materially defective or damaged (the “Limited Warranty”). Customers residing in Brazil have the right to cancel and return their order within 7 days, for any reason.
Who May Use This Warranty? Powell Studios extends the Limited Warranty only to Users and Merchants. All Limited Warranty coverage terminates if the User or the Merchant’s Customer sells or otherwise transfers a Product.
What Does This Warranty Not Cover? This Limited Warranty does not cover any damage to or defect in a Product caused by any of the following: (a) you or third parties; (b) any improper handling (including during shipping), use or storage of the Product; (c) any failure to follow any Product instructions; (d) any modifications to the Product; (e) any unauthorised repair to the Product; or (f) any external causes such as accidents, fire, flood, “acts of God” or other actions or events beyond our reasonable control; or (g) any costs or expenses related to the loss of use of the Product or any other costs or expenses not covered by this Limited Warranty. This Limited Warranty does not cover any items supplied by third parties, size exchanges or buyer’s remorse.
Finally, as noted elsewhere in this Agreement, we unfortunately cannot guarantee that the colours and details in our website images are 100% accurate representations of a Product, and sizes might in some cases be approximate. Accordingly, this Limited Warranty does not cover such matters.
What Is The Period Of Coverage? This limited warranty starts on the date of the delivery of the Product to the User or the Merchant’s Customer and lasts for thirty (30) days (the “Warranty Period”). For the avoidance of doubt, Powell Studios acknowledges that according to some jurisdictions the User may be entitled to a longer Warranty Period.
What Are Your Remedies Under This Warranty? With respect to any materially defective or damaged Product, we will, in our sole discretion, either: (a) replace such Product (or the defective or damaged part of the Product) free of charge, or (b) refund the purchase price paid to us by the User or the Merchant along with the shipping fees corresponding to the defective or damaged Products.
How Do You Obtain Warranty Service? Promptly following delivery of a Product, you or your Customer (if you are a Merchant) will inspect the Product. If a Product is materially defective (including any error by Powell Studios in printing) or damaged upon receipt, or if you received the wrong Product, then in order to be eligible for service under this Limited Warranty, you must submit a claim within the Warranty Period in compliance with our Return Policy. If you are a Merchant, your Customer should contact you regarding any defective or damaged Product and with respect to any delivery of the wrong Product.
LIMITATION OF LIABILITY. THE REMEDIES DESCRIBED IN THIS SECTION 6 ARE YOUR SOLE AND EXCLUSIVE REMEDIES (AND OUR ENTIRE LIABILITY) FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY FOR A DEFECTIVE OR DAMAGED PRODUCT SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT RECEIVED BY US FOR THE PRODUCT, NOR SHALL WE UNDER ANY CIRCUMSTANCES, TO THE FULLEST EXTENT PERMITTED BY LAW, BE LIABLE FOR ANY LOST PROFITS OR REVENUES, DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, ENHANCED OR PUNITIVE DAMAGES OR LOSSES ARISING OUT OF OUR PRODUCTS, REGARDLESS OF (I) WHETHER ANY OF THE FOREGOING DAMAGES WERE FORESEEABLE, (II) WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF INCURRING ANY OF THE FOREGOING DAMAGES, (III) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (IV) ANY SPECIFIC CIRCUMSTANCES OF YOU AND/OR YOUR CUSTOMER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES OR CONDITIONS WITH RESPECT TO OUR PRODUCTS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THE WARRANTY PERIOD. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7. Your rights in the case of lack of conformity
Summary: If you reside in the European Economic Area or the United Kingdom, this is where you'll find information on what you can do if there's an issue with your order.
If you are a User residing in the European Economic Area or the United Kingdom, the legal guarantees established by Directive 1999/44/EC on consumer sales and guarantees or similar consumer contracts regulations apply to the sale of our products. Consequently, you have the right, free of charge, to get the products repaired (or replaced) within the limits provided by the law, or, in case of failure of one of the remedies above to have an appropriate reduction in the price of the products, or the contract cancelled. Delivery costs for returning the product to be repaired or replaced under this clause shall be borne by Powell Studios, as well as any costs related to the delivery to you of the repaired or replaced product.
If the Products we supply to you are: (1) made to your specification and are clearly personalised with your designs; or (2) sealed for health protection or hygiene reasons, or both, you do not have the right to cancel your order or change your mind as set out in our Return Policy.
For other Products, you have the right to cancel and return the order for any reason within 14 days following the date on which the Product was delivered. You must inform us of the decision to cancel the order by sending us written notice before the cancellation period expires. You may contact us at support@PowellStudios.net or the 'Contact Us' page on the website. Within 14 days of notifying us of your decision to cancel the order, you must also return the product to us using the return address indicated on the original package in which the order was delivered. You will have to bear the direct cost of returning the goods. Within 14 days of receiving written notice of your decision to cancel the order we will, without undue delay, issue a refund for the Product and the delivery costs (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us).
We may delay the refund until the Product has been returned or we have received proof that the Product has been returned, whichever is earlier. The refund will be made to your Powell Studios Wallet or to the payment method used by you when placing the order. You may be liable for any diminished value of the Product resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Product.
8. Responsibility of Site members and visitors
Summary: When using Powell Studios services, it's your responsibility to follow our policies. If you violate our policies, we might restrict or even end up terminating your access to our services.
Violation of this Agreement or any other rules will result in the termination of your Powell Studios account.
Powell Studios shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Services. Without limiting the foregoing, Powell Studios and its designees shall have the right to remove, block, and disable any Content. You agree that you must evaluate and to the extent permitted by law bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Powell Studios or submitted to Powell Studios, including without limitation information in Powell Studios collaborations, posts and in all other parts of the Powell Studios Services.
Without limiting other remedies, we may limit, suspend or terminate our Services and your account, prohibit access to our Site, delay, remove, block, or disable hosted Content, and take technical and legal steps to keep you off the Site if we think that you are creating problems, causing possible legal liabilities, breaching this Agreement, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel any unconfirmed accounts or accounts that have been inactive for extended periods of time. You are responsible for providing Powell Studios with accurate and truthful information (including but not limited to your name and surname if you are a User or Merchant). If you have provided Powell Studios with inaccurate or false information, (a) you shall be liable to Powell Studios for damages and losses (including but not limited to taxes) arising out of such inaccurate or false information, (b) you shall reimburse such damages and losses (including but not limited to taxes) to Powell Studios, and (c) Powell Studios shall have the right to charge you for such damages and losses (including but not limited to taxes) and otherwise limit or suspend your access to the Services.
9. Payments and fees
Summary: To pay for Powell Studios services or products, you need a valid payment method (e.g. a credit card, PayPal) that you're authorised to use. All fees will be charged to your payment method, which may but is not guaranteed to be automatically updated. Note that you might need to reimburse us for any chargeback fees for returns or claims that aren't in line with our policies.
You may choose to save your billing information to use it for all future orders and charges associated with Powell Studios Products and/or Services. In such a case, you also acknowledge and agree that this information will be stored and processed by third party PCI DSS compliant service providers.
Powell Studios may participate in Account Updater programs. Such programs may allow for your payment card information to be automatically updated if and when there is a change, such as to the payment card number or expiration date. To the extent Powell Studios participates in such programs and your financial institution or payment card provider is a participant, you agree to automatic updates to your payment card information. However, Powell Studios cannot guarantee that such automatic updates will be made, so you also acknowledge that you are ultimately responsible for ensuring that your payment card information is current.
When you order a Product, or use a Service that has a fee, you will be charged, and you agree to pay, the fees in effect at the time the order is placed. We may change our fees from time to time (for example, when we have holiday sales, offer you a discount of base product prices, etc.). The fees for the Products and the Services (if and as applicable), as well as any associated delivery costs will be indicated on the Site when you place an order or pay for the Service. We may choose to temporarily change the fees for our Services for promotional events or new Services, and such changes are effective when we post the temporary promotional event or new Service on the Site or inform you individually. The sale will be submitted for processing and you will be charged as soon as you confirm it. You may then receive an email from us.
By placing an order or paying for Services , you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder's express permission to utilise the card to effect payment. In case of an unauthorised use of a payment method, you will be personally liable for, and shall reimburse Powell Studios for damages resulting from such unauthorised use.
With regard to payment methods, you represent to Powell Studios that (i) the billing information you supply to us is true, correct, and complete and (ii) to the best of your knowledge, charges incurred by you will be honoured by your financial institution (including but not limited to credit card company) or payment service provider.
If you or your Customer makes any return or claim which does not comply with our policies, you will reimburse Powell Studios for its losses, which consist of fulfilment costs and chargeback handling fees (up to $15 USD per chargeback), if applicable.
We may refuse to process a transaction for any reason or refuse to provide Services to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of refusing or suspending any transaction after processing has begun.
Unless stated otherwise, you may choose currency from the options available at the Site in which all fees and payments will be quoted. You are responsible for paying all fees, payments and applicable taxes associated with our Site and Services. After receiving your order you may receive an email from us with the details and description of the Products ordered. Payment of the total price plus taxes and delivery must be made in full before the dispatch of your Products.
Powell Studios at its sole discretion may offer you various discounts, as well as change, suspend or discontinue them at any time. You may find more information about the available discounts at the Site, in the marketing and promotional emails or via other channels or events Powell Studios may use or participate in.
Summary: You are responsible for paying any applicable taxes to your local taxing authority, unless we have informed you otherwise.
Aside from the limited circumstances set out below, you are responsible for (and shall charge) all applicable taxes, such as but not limited to sales taxes, VAT, GST and others, and duties associated with the Products (if and as applicable).
In certain cases you are required to provide a valid exemption certificate such as, without limitation, Resale certificate, VAT ID or ABN.
Summary: Once you've placed an order, you might no longer be able to edit the order details or cancel it. If you have an issue with the shipment of your order, contact us within 30 days of the delivery or estimated delivery date. In some cases, you may need to reach out to the shipping carrier directly.
Once you have confirmed your order, it might not be possible to edit or cancel it. If you want to change some parameters, Customer addresses, etc., please check whether such an option is available in your account. We are not bound to make such modifications to your order, but we will do our best on a case-by-case basis.
The risk of loss of, damage to and title for Products pass to you upon our delivery to the carrier. It shall be your (if you are a User) or your Customer's (if you are a Merchant) responsibility to file any claim with a carrier for a lost shipment if carrier tracking indicates that the Product was delivered. In such case Powell Studios will not make any refunds and will not resend the Product.
For Users in the European Economic Area or the United Kingdom, the risk of loss of, damage to and title for Products will pass to you when you or a third party indicated by you has acquired the physical possession of the Products.
If you are a Merchant sending orders to your Customers in Germany, the risk of loss and damage to Products pass to you in the moment after the shipment with the Products has crossed the German border (“Moment of Risk Transfer”). In such case, Powell Studios will bear the full legal responsibility for the loss of or damage to Products sent to your Customers in Germany in case such loss or damage to Products has verifiably occurred before the Moment of Risk Transfer.
If carrier tracking indicates that a Product was lost in transit, you or your Customer may make a written claim for replacement of (or credit to the Member’s account for) the lost Product in compliance with Powell Studios’s Return Policy. For Products lost in transit, all claims must be submitted no later than 30 days after the estimated delivery date. All such claims are subject to Powell Studios investigation and sole discretion. Powell Studios cannot guarantee delivery to P.O. boxes.
12. Description of products
Summary: We strive towards making our product development process the best we can, yet we can't guarantee that the product representations on our website will be 100% accurate or that the manufacturing stage won't result in damages. To speed up fulfilment, we also offer you product alternatives in case any of your products are out of stock.
While many component parts of our Products are standard, all Products available for purchase are described on their specific page on our Site. We always try to represent each design as accurately as possible via photography and copy points provided by designers, artists or photographers.
We have a policy of continuous Product development so we can provide you with what we consider the best design combined with best performance, and thus reserve the right to amend the specifications of Products, their price, packaging, and any Service associated at any time, without prior notice. Before ordering, we invite you to have a close look at the Product description and design.
We use our best efforts to provide you with the best images and descriptions, but unfortunately cannot guarantee that colours and details in website images are 100% accurate representations of the product, and sizes might in some cases be approximate.
Sometimes during the manufacturing process Products can be damaged. Obviously we won’t knowingly ship damaged items to you (your Customers), but these damaged items can still be used for charitable purposes. Powell Studios reserves the right to donate all damaged items with full or partial designs to charity and you hereby waive your right to collect royalties or other fees regarding damaged Products that are donated.
If a Product the Merchant has ordered goes out of stock and the Merchant has not opted-out of Product alternatives in store settings, the Product might be substituted at Powell Studios's own discretion and without any express notification with the most appropriate Product alternative in the order to avoid fulfilment delays, unless we can't find a comparable replacement, in which case the Merchant still need to wait for the original Product to be restocked. If the Product alternative costs more than the original Product being substituted, Powell Studios will charge the price Merchant has paid for the order of the Product. For Product alternatives that cost less than the original Product, we'll refund you the difference. If you wish to opt-out of alternative Products, you can change it in the store settings. Unless the Merchant has opted-out of Product alternatives in the store settings, Merchant is solely responsible for informing Merchant’s Customers about the Product being substituted with a Product alternative.
13. Purchase of products
Summary: To make sure your orders arrive as quickly as possible, please make sure you submit the correct order details at checkout. Powell Studios doesn't take responsibility for missed deliveries due to typos in the delivery information.
Your order is purchase of a Product for which you have paid the applicable fee and/or other charges that we have accepted and received. Any Products in the same order which we have not accepted do not form part of that contract. We may choose not to accept any orders in our sole discretion.
Orders are placed and received exclusively via the Site. Before ordering from us, it is your responsibility to check and determine full ability to receive the Products. Correct name of the recipient, delivery address and postal code/zip code, up-to-date telephone number, and email address are absolutely necessary to ensure successful delivery of Products.
All information asked on the checkout page must be filled in precisely and accurately. Powell Studios will not be responsible for missed delivery because of a wrong or misspelt recipient name or surname, delivery address or an inappropriate phone number. Should you like to ask for a change in the delivery address, phone number, or any other special requirements, please contact Powell Studios.
We reserve the right to place your order on hold due to print file issues, security concerns, if we need to confirm your address, or in case of other issues. In case your order will be placed on hold, we will give you 30 days to resolve the issue. If you will not resolve the issue or cancel your order within 30 days, we will cancel the order. In case your order is cancelled, we will only make a refund if work on your order has not started yet.
Summary: While we may provide delivery estimates, we can't provide guaranteed delivery dates. Once Powell Studios receives payment for your order (including delivery fees if applicable), we fulfil the order and pass it onto the printer & carrier. This is also the moment where you, the customer, legally become the owner of the products.
We deliver to most places in the world. You shall cover delivery costs if applicable. Delivery prices are additional to the Product’s price and may vary depending on delivery location and/or sort of Products or Promotions, and additional charges may be added to the order for remote or difficult to access locations that require special attention. Flat rate delivery charges are shown on our checkout page; however, we reserve the right to advise you of any additional delivery charges that apply to your specific delivery address.
Some Products are packaged and shipped separately. We cannot guarantee delivery dates and to the extent permitted by law accept no responsibility, apart from advising you of any known delay, for Products that are delivered after the estimated delivery date. Average time for delivery may be shown on the Site. It is only an average estimation, and some delivery can take longer, or alternatively be delivered much faster. All delivery estimates given at the time of placing and confirming order can be subject to change. In any case, we will do our best to contact you and advise you of all changes. We try our best to make Product delivery as simple as possible.
Ownership of the Products will only pass to you/Customer after we receive full payment of all sums due in respect of the Products, including delivery charges and taxes, and deliver the Products to the carrier.
We make no guarantees with respect to any collaboration we undertake with you, including any collaboration with respect to Services, Products (including new Products) or any integration with a vendor platform.
Summary: You can’t sue us for anything that we have disclaimed or obtained your release from under this Agreement.
To the fullest extent permitted by law you release us and all other Powell Studios Parties from any and all claims and demands, as well as any and all damages, losses, liabilities, judgments, costs, reasonable attorneys' fees, and other expenses incurred or suffered by any Powell Studios Party, of every kind and nature, known and unknown, relating to or arising out of any right, claim, or matter (a) which is disclaimed by Powell Studios (or for which Powell Studios provides no guarantees) under this Agreement, or (b) for which Powell Studios is otherwise indemnified or released by you under this Agreement.
Summary: Powell Studios is not responsible for any damages and liabilities you incur if you break the law, violate these terms or any rights of third parties and it results in legal action (this also includes misrepresentations made by you and any product liability claims).
To the fullest extent permitted by law you will defend, indemnify, and hold Powell Studios and the other Powell Studios Parties harmless from any claim or demand made by any third party (including, but not limited to, yourself, the customer), as well as any and all damages, losses, liabilities, judgments, costs, reasonable attorneys' fees, and other expenses of every kind and nature, known and unknown, incurred or suffered by the Powell Studios Parties, relating to or arising out of (a) your breach of this Agreement, (b) your use (or misuse) of our Services or products, (c) your Content, (d) the infringement by your Content or your account of someone else’s intellectual property or other rights, (d) your violation of any law or the rights of a third party, or (e) if you are a Merchant, any claims related to products or items sold by you through our Services, including claims for misrepresentations by you to your Customers and claims for physical injury or property damage by any of your products or items that are warehoused for you by Powell Studios. We reserve the right to handle our legal defence however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
18. ARBITRATION AND JURY TRIAL WAIVER
Summary: Any legal dispute involving our services (except for situations defined below) will be resolved by arbitration according to the rules in this Section. By using our services, you waive any rights to a jury trial or class actions.
“Disputes” means all disputes and claims arising out of or in connection with this Agreement or its subject matter or formation including non-contractual disputes and claims, excluding only claims under the Limited Warranty and claims brought by Users living in the European Economic Area, Switzerland, or Users in the United Kingdom against Powell Studios in European Economic Area or in the courts of England and Wales. All Disputes shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules (“Commercial Rules”) in effect at that time. The Rules are deemed to be incorporated by reference into this Agreement. As of the date of this Agreement you can find them here or by calling the AAA at 1–800–778–7879. The Federal Arbitration Act applies to this Agreement. The arbitration shall be administered by the AAA and shall be conducted by a sole arbitrator selected in accordance with the Commercial Rules unless otherwise mutually agreed by the parties. Unless Powell Studios and you agree otherwise, any arbitration hearings will take place in Grand Rapids, Michigan, except that, for Users, any arbitration hearings will take place in the county of your residence. Judgement on any arbitration award may be entered and enforced by any court that has jurisdiction to do so. Any arbitration will take place on an individual basis and neither the arbitrator nor AAA are empowered to conduct a class arbitration, class action or to resolve claims of more than a single claimant in anything other than a single proceeding, unless both parties consent. You and Powell Studios acknowledge that AAA may conclude that the Consumer Arbitration Rules or the Rules for the International Centre for Dispute Resolution may be more appropriate in certain cases. You and Powell Studios agree to abide by the decision of the AAA as to the applicable rules in cases where a party may assert that the Commercial Rules are not appropriate.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND POWELL STUDIOS KNOWINGLY, VOLUNTARILY, IRREVOCABLY AND ABSOLUTELY WAIVE ALL RIGHTS TO A TRIAL BY JURY OF ANY AND ALL DISPUTES (AS DEFINED ABOVE). THIS JURY TRIAL WAIVER IS INTENTIONALLY MADE AS YOU AND POWELL STUDIOS WOULD PREFER TO RESOLVE ALL DISPUTES (AS DEFINED ABOVE) AS PROVIDED BY THIS SECTION 18. THIS JURY TRIAL WAIVER IS A MATERIAL INDUCEMENT TO ENTERING INTO THIS AGREEMENT. FURTHERMORE, YOU AND POWELL STUDIOS KNOWINGLY, VOLUNTARILY, IRREVOCABLY AND ABSOLUTELY WAIVE ALL RIGHTS TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION OR OTHER FORM OF JOINT DISPUTE RESOLUTION WITH OTHER PARTIES.
Notwithstanding the foregoing, you may instead assert your claim in any Dispute in “small claims” court if you provide us with written notice of your intention to do so before any claim is submitted to arbitration and provided that (a) your claim qualifies, (b) your claim remains in such court, and (c) your claim remains on an individual, non-representative, and non-class basis.
Also, notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.
You and Powell Studios shall each bear 50% of all fees and expenses of the AAA and the arbitrator except as otherwise provided by the Commercial Rules (or, if applicable, the Consumer Arbitration Rules or the Rules for the International Centre for Dispute Resolution). The arbitrator may award such fees and expenses of the AAA and the arbitrator as well as other expenses and reasonable attorneys’ fees to a prevailing party consistent with the provisions of the Commercial Rules (or, if applicable, the Consumer Arbitration Rules or the Rules for the International Centre for Dispute Resolution).
19. Privacy and Personal Data Processing
If you are a 3rd Party and provide us with your ‘customers' personal data, our Data Processing Terms, which are incorporated in this Agreement by reference, apply.
Summary: Using our services doesn't make you an agent, partner or employee of Powell Studios. We're not responsible for any violations of these terms if it's out of our control. If you have any questions about our Terms of Service, feel free to contact us at email@example.com or the 'Contact Us' page on the website.
No agency, partnership, joint venture, employee-employer, franchisor-franchisee relationship, etc. is intended or created by this Agreement.
Powell Studios will not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in Powell Studios performance under this Agreement when such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, such as any fire; flood; earthquake; governmental action; war, invasion or hostilities; national emergency; explosion; terrorist threat or act; riot or other civil unrest; insurrection; epidemic; pandemic; lockout; illness; health issues; strike or other labour dispute (whether or not relating to our workforce); inability or delay in obtaining supplies; telecommunication breakdown; or power outage.
You represent that you have all necessary permits to grant us with you or your customer’s personal data to fulfil this Agreement.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement upon notice to you. Headings are for reference purposes only and do not limit the scope or extent of such sections. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
Powell Studios at its own discretion reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time, including the right to engage third party manufacturing services to perform any Services. If you are a User in the European Economic Area or the United Kingdom and such transfer or assignment may reduce your guarantees under this Agreement, then Powell Studios will ask for your permission beforehand.
If you have any questions about this Agreement, please email us at firstname.lastname@example.org or the 'Contact Us' page on the website.