Terms & Conditions for printing
1. About These Terms
These Terms & Conditions ("Terms") govern all orders, quotes, files, and services provided by GRAYCARD LLC, a [California] limited liability company doing business as ("DBA") GRAYCARD ("GRAYCARD," "we," "us," or "our"), located at 2633 E 28th street, SUIT no 614, Signal Hill, CA 90755, reachable at [email: fineprints@thegraycardstudios.com] / [phone: 562.772.9286]. By uploading a file, requesting a quote, placing an order, or otherwise engaging our services, you ("the Client," "you") agree to these Terms. If you do not agree, please do not place an order. We may update these Terms at any time; the version in effect when your order is accepted governs that order.
These Terms apply to consumers and to commercial clients (photographers, artists, galleries, resellers, designers). Where a clause applies only to one group, it says so.
2. Definitions
Order: A request to print and/or retouch one or more items, confirmed by us as described in Section 4.
File / Artwork: Any digital image or file you submit for printing or retouching. GRAYCARD prints and retouches from digital files only; we do not scan, digitize, or otherwise reproduce physical originals.
Proof: A test print or digital preview produced for your approval before a full production run.
Custom/Personalized Goods: Items produced to your specifications (size, paper, crop, edition). Substantially all GRAYCARD products are Custom/Personalized Goods.
Production: Printing, retouching, color correction, file preparation, proofing, packing, and related work performed by us.
3. Our Services
GRAYCARD provides two made-to-order services - printing and retouching - for fine-art and photographic work. These services may include:
Fine art (giclée) and photographic printing on archival papers, canvas, and other substrates;
Retouching, color correction, and print-file preparation;
Proofing of work to be printed;
Packing, shipping, and local delivery of finished prints.
We print and retouch from digital files only. We do not offer scanning, digital capture, mounting, finishing, or framing services. We reserve the right to refuse, modify, or discontinue any service or order, including work we believe infringes a third party's rights, violates law, or that we cannot produce to our quality standard.
4. Quotes, Orders & Contract Formation
4.1. Quotes: Quotes are based on the specifications and files you provide and are valid for [30] days unless stated otherwise. Quotes are estimates; final pricing reflects the actual files, sizes, paper, and options in your confirmed Order.
4.2. Order placement: You place an Order online, by email, or in person. After we receive it, we typically issue an invoice within [24] hours. If your job is time-sensitive, tell us when you order.
4.3. When a binding contract form: A binding contract for a given item is formed when we accept your Order and begin Production (or, for online checkout, when we confirm and charge the Order). Items quoted but not listed on the final invoice or delivery paperwork are not part of the contract.
4.4. Minimum order: Our current minimum order is $7 (before tax, excluding packing). Orders below this amount will have a line item added to meet the $7 minimum.
4.5. Minimum billable print sizes. Small prints are billed at our minimum billable sizes: [8" × 12"] for paper and canvas, [12" × 12"] for fabric/specialty substrates. Quoted minimums are amounts before sales tax and do not include packing.
5. Pricing & Payment
5.1. Current price list: Charges follow the price list in effect at the time of your Order, available at [website]. We may change prices for future Orders at any time without notice.
5.2. Payment up front: Unless we agree otherwise in writing, full payment is due before Production begins. We accept [credit card, PayPal, ACH, etc.].
5.3. Deposits on larger Orders: For Orders over $[500], we may, on request, accept a [75]% deposit to start Production, with the balance due on completion and before release/shipment of the finished work.
5.4. Taxes and duties: Prices exclude applicable sales tax. For shipments outside the United States, you are responsible for any import duties, taxes, or customs charges.
5.5. Late or failed payment (where credit terms are extended). If a payment fails or is charged back without good cause, we may charge a $[9.00] administrative fee. On past-due balances we may charge interest of [1.5]% per month (or the maximum the law allows, whichever is less) plus reasonable collection costs.
5.6. Retention of title: Ownership of all produced items remains with GRAYCARD until we have received payment in full. Risk of loss passes to you on delivery to you or to the carrier, as described in Section 11.
6. Changes, Cancellations & Refunds
6.1. Changes to scope: Changes you request after Production starts will result in a revised invoice or a printing credit on your account, at our discretion, to reflect work already performed and materials already committed.
6.2. Custom production is non-refundable. Because our products are Custom/Personalized Goods made to your specifications and because we frequently order paper, substrates, and materials specifically for your job - deposits and paid invoices are non-refundable, and the statutory "cooling-off"/right-of-cancellation that applies to stock goods does not apply once Production has begun.
6.3. Cancellation before Production: If you cancel before we begin Production, we will refund amounts paid less any materials, retouching, or preparation work already performed and any non-recoverable materials ordered for your job.
6.4. Our satisfaction commitment (Section 10) governs defects and quality issues and is separate from this cancellation/refund section.
7. Your Files & Your Responsibilities
7.1. File specifications. You are responsible for supplying print-ready files that meet our published specifications (for example: [8-bit sRGB or tagged color profile, JPEG/TIFF, adequate resolution for the requested size, typically ~300 dpi at final print size]). We can advise on specs at [file-prep page URL].
7.2. Resolution and quality. If a file's resolution is too low for the requested size, the print may appear soft or pixelated. We may flag this and may decline to print at a given size, but we are not responsible for soft or pixelated output caused by the file you supplied.
7.3. Back up your data. Keep your own backup of every file you send us. We are not liable for any loss you could have avoided by keeping a backup.
7.4. Accuracy of your Order: You are responsible for the content and accuracy of what you submit — including crop, size, orientation, spelling, layout, and product/paper/finish selection. We are not responsible for customer-created errors of this kind.
8. Color, Calibration & Proofing
8.1. Color management: We print in a color-managed environment and profile our papers and substrates. Screens are not prints: colors and brightness on an uncalibrated monitor, phone, or different paper will not match a finished print exactly. A difference between your screen and our calibrated output is not a defect.
8.2. Proofs: We strongly recommend ordering a Proof before any large or editioned run. Once you approve a Proof (digital or physical), that approval governs the run, and we are not responsible for characteristics present in the approved Proof. Proofs are billed per our price list.
8.3. No proof, no color guarantee: If you decline a Proof and print directly, you accept the inherent variability of color reproduction, and reprints for color preference will be billed as new Orders.
9. Intellectual Property:
9.1. You warrant your rights: By submitting a File, you represent and warrant that you own it or hold all rights necessary to reproduce it, and that our Production will not infringe any copyright, trademark, publicity, privacy, or other right. You agree to indemnify and hold GRAYCARD harmless against any third-party claim arising from your Files or instructions.
9.2. Limited license to us: You grant us a limited, non-exclusive license to reproduce, store, and handle your Files solely as needed to fulfill your Order.
9.3. No transfer of your rights: We claim no ownership of your Files or artwork. Producing a print does not transfer any copyright to you or to anyone else.
9.4. Samples and marketing: We will not publicly display your work as a sample without your permission. [If you want a portfolio right, change this sentence to: "We may display finished work as a production sample unless you opt out in writing."]
10. Quality, Defects & Our Satisfaction Commitment
10.1. Inspect on arrival: Inspect your Order promptly on delivery. Commercial/trade clients must notify us of any defect without delay. All other clients must report any visible defect within [14] days of delivery.
10.2. How to report: Email [email] with your name, order number, a clear description of the issue, and photographs showing the problem. Please keep the original packaging and protective materials.
10.3. Remedy: For a verified defect in our workmanship or materials, our remedy — at our option — is to reprint, repair, replace, issue store credit, or, where we have exhausted other solutions, refund the affected item. This is your exclusive remedy for defective work.
10.4. What is not a defect / not covered: We cannot exchange or refund for: monitor-vs-print color differences; low resolution, soft focus, or noise in your File; typos, layout errors, missing images, or wrong size/paper/finish selected by you; or damage caused by your handling, storage, or environment after delivery.
10.5. Returns: If we ask you to return an item, package it safely (ideally in the original packaging). You cover return postage where the goods are as ordered and below $[40]; otherwise return shipping for verified defects is on us.
10.6. Material unavailability: If a paper or material needed for your Order becomes unavailable, we will contact you promptly with an estimated date or alternative options.
11. Production Times, Shipping & Risk of Loss
11.1. Production time: Estimated Production time is typically [2–3] business days after file approval and payment, plus any retouching and transit time. All stated turnaround times and delivery dates are estimates and non-binding. We may make partial deliveries.
11.2. Packing and shipping: Flat and rolled prints are packed protectively; large prints typically ship in heavy-duty tubes. We ship via [FedEx / UPS / USPS], or you may arrange local pickup/delivery. Packing and shipping are billed separately; insurance, expedited service, and special handling incur additional charges.
11.3. Risk in transit: Once we hand an Order to the carrier, risk of loss or damage in transit passes to you. We are not responsible for loss, damage, delay, or misdelivery by any carrier. If you decline shipping insurance, you accept this risk. We will reasonably assist you in filing a carrier claim.
11.4. Damaged on arrival: If an Order arrives damaged, keep all packaging and notify us within [14] days with photos (Section 10) so we can help with a claim or replacement.
12. Limitation of Liability & Warranty Disclaimer
This Section is drafted to be enforced under California law. The capitalized "AS IS / WITH ALL FAULTS" language below is intended to be conspicuous within the meaning of California Commercial Code § 2316 and the Song-Beverly Consumer Warranty Act; keep it visually conspicuous (bold/caps) in any published or printed version.
12.1. Care we take: We exercise reasonable care in handling all Files and prints. You acknowledge that printing and retouching involve delicate materials and processes, and that occasional loss or damage can occur despite reasonable care.
12.2. Liability cap: To the fullest extent permitted by California law, GRAYCARD's total aggregate liability arising out of or relating to any Order — for loss of or damage to your File or finished print, and whether the claim sounds in contract, ordinary negligence, or otherwise — is limited to, at our option, reprinting or replacing the affected item, or refunding the amount you actually paid for that item. This is your sole and exclusive remedy.
12.3. Carve-outs required by California law (Civil Code § 1668). Nothing in this Section limits or excludes liability that cannot be limited or excluded under California law. The cap in Section 12.2 does not apply to, and we do not attempt to disclaim, liability for: our own fraud, willful injury to a person or property, gross negligence, or violation of law (Cal. Civ. Code § 1668; City of Santa Barbara v. Superior Court (2007) 41 Cal.4th 747); personal injury or death caused by our negligence; or any other liability that California law does not permit us to limit.
12.4. No consequential damages: To the extent permitted by law, we are not liable for any indirect, incidental, special, exemplary, or consequential damages — including lost profits, lost sales, loss of use, business interruption, or the irreplaceable or sentimental value of an original — regardless of the legal theory and even if we were advised such damages were possible.
12.5. Archival / permanence disclaimer: Papers, inks, dyes, chemicals, and substrates may change in color or density over time, and characteristics may vary slightly between production batches. Such trivial changes and batch-to-batch variation are not defects, and, except as required by law, our products are not warranted against change over time.
12.6. Digital files. We do not warrant that any retouched or other digital file we deliver will meet all of your particular requirements.
12.7. WARRANTY DISCLAIMER: EXCEPT FOR ANY EXPRESS WARRANTY STATED IN WRITING BY GRAYCARD, AND EXCEPT FOR WARRANTIES THAT CANNOT BE DISCLAIMED UNDER CALIFORNIA LAW, ALL PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS," AND GRAYCARD DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
12.8. Consumer rights preserved (Song-Beverly & CLRA). If you are a California consumer buying consumer goods, certain implied warranties and remedies under the Song-Beverly Consumer Warranty Act (Cal. Civ. Code § 1790 et seq.) and the Consumers Legal Remedies Act (Cal. Civ. Code § 1750 et seq.) cannot be waived and are not affected by this Section. The "AS IS / WITH ALL FAULTS" disclaimer in Section 12.7 applies to consumer goods only to the extent permitted by, and when executed in compliance with, those statutes (see Cal. Civ. Code §§ 1792.3–1792.4). Nothing in these Terms waives any non-waivable statutory right you may have.
13. Storage of Files & Physical Items (Abandonment)
13.1. Finished prints. Please arrange pickup or shipment promptly. We store finished prints for a maximum of [30] days after we notify you they are ready. After that, items may be treated as abandoned and disposed of, and storage fees may apply.
13.2. Digital files. Unless we agree to an archival/storage service in writing, we delete uploaded Files and working files from our systems [14] days after your Order ships. Keep your own backups (Section 7.3).
14. Force Majeure
We are not responsible for failure or delay in performance caused by events beyond our reasonable control, including equipment failure, material or supply shortages, carrier delays, utility or network outages, fire, flood, severe weather, labor disputes, or government action.
15. Privacy
We collect and use your information only to process Orders, communicate with you, and operate our business, as described in our Privacy Policy at [URL]. We do not sell your personal information or display your artwork publicly without permission.
16. General Provisions
16.1. Governing law. These Terms, and any dispute arising out of or relating to them or to any Order, are governed by the laws of the State of California, without regard to its conflict-of-laws rules.
16.2. Venue (Los Angeles County). Except as Section 16.3 provides for consumers, you and GRAYCARD agree that the exclusive jurisdiction and venue for any dispute is the state or federal courts located in Los Angeles County, California - specifically the Superior Court of California, County of Los Angeles, or the United States District Court for the Central District of California and each party consents to the personal jurisdiction of those courts and waives any objection based on inconvenient forum.
16.3. Consumer venue protection. If you are a consumer, nothing in Section 16.2 deprives you of any non-waivable right to bring or defend a claim in the venue where you reside or where the contract was signed, or in small claims court, to the extent California law (including Cal. Code Civ. Proc. § 395 and the Consumers Legal Remedies Act) preserves that right.
16.4. Informal resolution first. Before filing a claim, please contact us at [email] so we can try to resolve it. Many issues are resolved quickly under our Section 10 satisfaction commitment.
16.5. Attorneys' fees. In any action to enforce these Terms, the prevailing party is entitled to recover reasonable attorneys' fees and costs. Under California Civil Code § 1717, any fee-shifting provision is applied reciprocally (mutually) regardless of how it is worded.
Optional - arbitration: If you prefer to require arbitration instead of court, replace 16.2 with a California-compliant arbitration clause (e.g., JAMS or AAA, seated in Los Angeles County) that includes the consumer-protection terms California requires. Arbitration and class-waiver clauses face heavy unconscionability scrutiny in California (Armendariz, McGill v. Citibank), so have counsel draft it. We have left it out by default.
16.6. Eligibility: Orders may only be placed by persons of legal age and capacity, or by an authorized representative of a business.
16.7. Severability: If any provision is found unenforceable, the rest of these Terms remain in effect, and the unenforceable provision is limited only to the extent necessary.
16.8. Entire agreement: These Terms, together with the applicable quote/invoice and our Privacy Policy, are the entire agreement between you and GRAYCARD regarding your Order and supersede prior discussions.
16.9. Assignment: You may not assign your Order without our written consent; we may assign our rights and obligations in connection with a sale or reorganization of the business.
16.10. Contact. Questions about these Terms: [emil: fineprints@thegraycardstudios.com] • [phone: 562.772.9286] • [GRAYCARD fineprints and photo studio, 2633 E 28th street, Suit no 614, Signal hill, CA - 90755].