Terms of Service

This website is operated by Piemere. By visiting the site or buying from us, you agree to these Terms. If you do not agree, please do not use the site.

We may update these Terms at any time by posting a new version here. Your continued use of the site means you accept the changes.

Contents

  1. Online Store Terms
  2. General Conditions
  3. Product Sales
  4. Delivery and Shipment
  5. Prices
  6. Payment
  7. Title to Products
  8. Disclaimers
  9. Limitation of Liability
  10. Data Protection
  11. Dispute Resolution
  12. Digital Millennium Copyright Act
  13. Termination of Access
  14. Miscellaneous
  15. Linked Websites
  16. Privacy Policy

SECTION 1 – ONLINE STORE TERMS

By using this site you confirm you are at least the age of majority in your location, or you are the age of majority and consent to any minor dependents using the site.

You must not use our products for illegal purposes. You must not violate any laws in your jurisdiction, including copyright laws. You must not upload or transmit malware, worms, or destructive code. A violation of these Terms may result in immediate termination of Services.

SECTION 2 – GENERAL CONDITIONS

We may refuse service to anyone at any time for any reason. Content you submit (not including credit card data) may travel unencrypted over networks and may be adapted to technical requirements. Credit card data is always encrypted during transfer.

Do not reproduce, copy, sell, resell, or exploit any part of the Service without our written permission. Headings in these Terms are for convenience and do not limit their scope.

SECTION 3 – PRODUCT SALES

3.1 When you place an order, you make a binding offer to purchase from Piemere. We email an order confirmation to acknowledge receipt. Acceptance occurs when we email that production is complete. We cannot guarantee the continued availability of any product or design.

3.2 Specs in brochures, emails, or listings are informational. If any detail conflicts with your order confirmation, the order confirmation controls.

3.3 We may reject any order. If we do, we will notify you.

3.4 Our performance is complete when the carrier shows delivery to your address. If delivery is interrupted and we cannot replace within a reasonable time, we will notify you.

3.5 If there is a defect or you are dissatisfied, our Shipping and Returns policy applies.

SECTION 4 – DELIVERY AND SHIPMENT

4.1 We ship within the windows stated in our Shipping and Returns policy. Peak periods can extend timelines. If we foresee a significant delay, we will email you.

4.2 We ship with carriers we select. You pay shipping shown at checkout, which may vary by address and order value.

SECTION 5 – PRICES

5.1 In the United States, prices shown are before taxes. Shipping and handling are shown separately. Sales taxes may apply.

5.2 For customers outside Canada and the United States, product prices may include VAT where applicable. Duties, import taxes, and brokerage fees not collected at checkout are your responsibility.

5.3 You agree to pay product price, applicable taxes, and shipping at the time of order.

SECTION 6 – PAYMENT

6.1 You may pay by credit or debit card and other methods we offer at checkout. We may limit available methods based on order value or destination.

6.2 If a payment fails due to reasons outside our control, you agree we may charge reasonable fees to recover processing costs.

6.3 We may use third parties to process payments.

6.4 If you do not pay, we may assign our claims to a collection agency and share necessary data to collect payment.

SECTION 7 – TITLE TO PRODUCTS

Title remains with Piemere until full payment is received and the order ships. When we hand the package to the carrier, title and risk of loss transfer to you. Handle products with care until ownership transfers.

SECTION 8 – DISCLAIMERS

8.1 The site and Service are provided as is and as available. We do not warrant that the Service will be uninterrupted, timely, secure, or error free, that it will meet your requirements, or that it will work with your hardware or software.

8.2 You use the site at your own risk. You are responsible for any damage to your systems or loss of data resulting from your use. We do not control third party offerings accessed through the site.

8.3 Reasonable deviations in materials or colors can occur due to normal production changes.

8.4 We may use subcontractors or third parties for parts of the Service and are not liable for their services beyond what the law requires.

SECTION 9 – LIMITATION OF LIABILITY

To the fullest extent allowed by law, we are not liable for lost profits or indirect, special, incidental, or consequential damages. Our aggregate liability is limited to the lesser of 100 dollars or the amount you paid to Piemere in the six months before the claim. Some laws do not allow such limits, in which case our liability is limited to the maximum allowed.

SECTION 10 – DATA PROTECTION

We collect and use information according to our Privacy Policy. You are responsible for safeguarding your account and password.

SECTION 11 – DISPUTE RESOLUTION

11.1 These Terms are governed by the laws of the United States and California, without regard to conflict rules. Any dispute arising from these Terms will be resolved by confidential binding arbitration in Sacramento, California, except that we may seek injunctive relief in California courts for intellectual property or contract violations.

  • Arbitration will be administered by a mutually agreed provider, or if none, by the American Arbitration Association.
  • Claims are on an individual basis only, not class or representative actions.
  • The arbitrator’s award is final and may be entered in any court with jurisdiction.

11.2 If a claim is filed contrary to 11.1, the parties consent to jurisdiction in California state and federal courts and waive jury trial. The non filing party may recover fees and costs incurred to dismiss an improperly filed claim after written notice.

SECTION 12 – DIGITAL MILLENNIUM COPYRIGHT ACT

We respond to proper DMCA notices. If you believe content on our site infringes your copyright, submit a claim using the instructions at https://piemere.com/intellectual-property-claim.

SECTION 13 – TERMINATION OF ACCESS

We may suspend or end your access immediately, with or without notice, for any reason including suspected violations of laws or these Terms, or if your use creates risk for Piemere or others. We may remove or modify content you submitted. If your account is deleted or access is terminated, these Terms survive as applicable.

SECTION 14 – MISCELLANEOUS

14.1 Entire Agreement. These Terms and policies on our site are the entire agreement and replace prior agreements. No oral changes apply.

14.2 Relationship. These Terms do not create a partnership, agency, or employment relationship.

14.3 Assignment. You may not assign rights or duties without our written consent. Any attempt is void. These Terms bind successors and permitted assigns.

14.4 Notice. Notices may be sent electronically and are effective when sent or posted. You are responsible for keeping your contact details accurate.

14.5 Severability. If any provision is invalid, the rest remains in effect.

14.6 Waivers. A waiver must be in writing. A waiver of one breach is not a waiver of later breaches.

14.7 Interpretation. Includes and including are not limiting. Or may mean one or more items. Headings are for convenience.

14.8 Conflicts. If another agreement conflicts with these Terms, that agreement controls only to the extent of the conflict.

14.9 Reservation. We reserve all rights not granted here.

14.10 No Third Party Beneficiaries. These Terms do not create rights for others.

14.11 Minimum Age. Persons under 13 may not use the site. We do not knowingly collect data from children under 13.

14.12 Retroactive Application. Your acceptance of these Terms applies to prior use of the site.

SECTION 15 – LINKED WEBSITES

Links to other sites are for convenience. We are not responsible for their content or privacy practices and do not endorse them unless stated.

SECTION 16 – PRIVACY POLICY

Your privacy matters to us. See our Privacy Policy for details on how we collect and use personal information.

Questions about these Terms Email [email protected].

This page is for general information and is not legal advice.