Our Terms and Conditions
Updated on April 4th, 2024
Pinpops Inc.
General Terms and Conditions of Sale
1. General - Application of the Terms of Contract
The following Pinpops Inc. Terms and Conditions (hereinafter "Terms and Conditions") shall apply to every transaction between Pinpops Inc. and its Customers. The terms of the agreement also apply to all future transactions without any separate agreement on the application of the terms. Terms that are not by the terms of the agreement or those of our Customers that are different from our terms and conditions will not apply unless Pinpops Inc. expressly approves it before the conclusion of the agreement, in which case they will only apply to the individual agreement in question. The terms and conditions of Pinpops Inc. shall also apply if Pinpops Inc. or its representative has unconditionally accepted the transaction in the knowledge of the Customer's terms and conditions that are contrary to our Terms or Conditions.
2. Communication with the Customer
The Customer must ensure a working email address is provided at the time of order. In particular, the Customer must verify the spam filter settings to receive all possible emails sent by Pinpops Inc. Unless otherwise stated, this email address is also valid for future Customer orders.
Pinpops Inc. is authorized, but not obligated, to send messages, including those of particular importance to the cooperation agreement, by means other than email. The Customer may not require communication primarily by telephone, letter, or other alternative means (e.g., SMS). The Customer may not plead ignorance if they do not receive messages via the primary means of communication by email because such communication is unavailable when Pinpops Inc. has sent the message to the Customer, as mentioned in the first paragraph.
Messages sent to Pinpops Inc. by email, according to paragraph 2, are presumed to have been received by the Customer after they have been sent to the Customer. Pinpops Inc. shall be liable for errors in the transmission of messages if it can be proved that the error occurred in Pinpops Inc.'s transmission of messages. The Customer is authorized to send material proving that the reason for not receiving the message sent to them was not due to their own actions.
Pinpops Inc. is entitled, but not obligated, to prove to the Customer that their email address needs to be included, corrected, or incapable of receiving incoming messages, as stated in section 2.
All quotations provided are in effect for 14 days from the date provided unless otherwise stated on the quote.
3. Order and Contract Conclusion
By submitting an order, the Customer offers Pinpops Inc. an agreement and agrees to Pinpops Inc.'s current Terms and Conditions. Upon receipt of the order confirmation email from Pinpops Inc., both sides entered into a binding agreement. Suppose the Customer has made an order on behalf of a third party. In that case, the contract is concluded with a third party only if the Customer has provided Pinpops Inc. a power of attorney and Pinpops Inc. has expressly confirmed their agreement with a third party. In all other cases, the delivery address or a company other than the Customer's own address or a company will have no legal effect on the conclusion of the contract.
Pinpops Inc. has the right to refuse to accept orders and terminate contracts if the content of the printed material is clearly racist, ethically explicit, or otherwise unlawful.
4. Credit Score and Personal Information
The Customer agrees that Pinpops Inc. may review the Customer's Credit Information and process the Customer's Personal Information per applicable law to the extent that such processing is necessary for Pinpops Inc.'s operations. This usually occurs when the Customer has requested credit for an order.
5. Prices and invoicing
The prices quoted by Pinpops Inc. do not include sales tax. If you buy with tax-exempt documentation, please send your documentation to our sales team. We will verify and set your account to tax-exempt. The prices in the Order Confirmation are based on details provided by the Customer at the time of ordering. Any subsequent changes due to the Customer that might affect the confirmed pricing will be billed separately.
Pinpops Inc. sends invoices primarily using electronic invoicing. Billing by email is also possible. For new Customers, prepayment is requested in the form of a payment link, where you can process the payment using various payment methods, including Credit Cards. Payment of an invoice and proof of payment or authentication is a condition for the order to proceed to order confirmation or production.
The Customer accepts the selected billing method by placing an order with us.
6. Production Time and Delivery Time
The stated production times are estimates. The production time starts after the order confirmation on the business day when all the information and materials needed for the print job have been received. If the order includes customization, the proof has to be accepted by 11 am. If the Customer is required to make an advance payment, the order will be processed once the payment has been received. In the event of delays in the receipt of the material, acceptance of the proof, or issued prepayment, the production and delivery time will also be delayed accordingly.
Production time is given on working days or complete weeks. Standard production times do not include possible exceptions such as public holidays or closures. The production time is always estimated for the Customer in connection with the order confirmation. If the Customer is aware of a specific due date or target date by which the ordered products must be received, that date or target date must be brought to the Pinpops Inc. sales representative's attention before order confirmation. Expedited delivery is an optional service. If the order confirmation has already been issued, modifying the production time with an additional charge is possible. A new order confirmation with a faster delivery time will be required.
The production and delivery time have been complied with when the goods have left our production within the promised time, or if delivery is decisive, delivery readiness is indicated.
However, it is a condition that the deliveries of Pinpops Inc.'s subcontractors have been correct and timely and that the Customer has fulfilled his obligation fully and on time. If Pinpops Inc. fails to comply with the agreed delivery time, the Customer must present Pinpops Inc. with a reasonable written deadline for the delivery. If the delivery is not made within the reasonable time stated by the Customer, the Customer shall be entitled to terminate the contract.
Pinpops Inc. shall not be liable for delays in deliveries or deliveries if such delay is due to force majeure beyond Pinpops Inc.'s control (such as strike, lock-out, official orders, natural disasters, exceptionally bad weather, and other similar unforeseeable events) and submission. This also applies if the obstacles affect Pinpops Inc.'s contractors or subcontractors. In such cases, Pinpops Inc. is entitled to postpone manufacture and/or delivery for the duration of the obstacle, including a reasonable start-up time. Pinpops Inc. may also terminate the contract as a whole or in part. If Pinpops Inc. can't perform the production, it will be released from the implementation. Pinpops Inc. shall immediately notify the Customer of the obstacle.
7. Transfer of Responsibility
If the Customer is a trader, the responsibility for any damage or loss of the goods shall pass to the Customer when the goods have been handed over to the transport or shipment entity, but no later than when the goods leave production. This applies regardless of who pays for the delivery and even if the delivery is done by Pinpops Inc.'s staff. If the Customer is a trader and the delivery or receipt of the goods ready for delivery to the Customer is delayed due to reasons beyond the control of Pinpops Inc., the risk shall pass to the Customer after he has been informed of the availability. If the Customer is a consumer, the responsibility for any damage or loss of the goods shall pass to the Customer at the time of delivery or when the delivery is delayed due to the Customer. At the Customer's request and at its expense, Pinpops Inc. may, if possible, take out a transport insurance policy for damage or loss of goods.
8. Print Files and Inspection Obligation
Pinpops Inc. executes all printing orders solely and exclusively based on printing information provided by the Customer. This information should be provided only in the format and with the definitions provided on our website. If the file formats or definitions differ from those given, correct printing is not guaranteed. The Customer is responsible for carefully verifying that the information provided is suitable for printing the product before submitting the files to Pinpops Inc. As a rule, Pinpops Inc. checks the general suitability of the files for printing, but the Customer is solely responsible for any printing errors caused by incorrect files.
Upon specific request of the Customer, Pinpops Inc. also prints in formats other than those stated within the product's technical capabilities. Pinpops Inc. shall not be liable for errors resulting from material conversion into formats that Pinpops Inc. can process. You agree that any errors that may result from the modification are your responsibility. If the information is not provided in the required color profile, Pinpops Inc. can change it. When you change the color profiles or ICC colors of files, their original color changes. Such color change is the sole responsibility of the Customer. If the Customer submits information in a color profile other than that required, the Customer accepts that the change is at his sole risk.
Color changes due to printing reasons must be taken into consideration at the time of ordering. For example, sublimation, UV, toner, and offset printing use the CMYK four-color process. It is never possible to reproduce Pantone® colors perfectly with CMYK colors. If the printing method of the product does not allow for a complete Pantone® color match, try to make the print as close to the desired color tone as possible. Differences of a few degrees are possible, and such differences will not be accepted as a subject of complaint. If possible, the Customer will be informed about this, for example, in electronic proofing. If you approve the proof and the print already states that the shade is close to the color you ordered, you accept a few degrees of difference.
After the Customer approves a digital proof or a physical sample, the production follows technical specifications outlined in the proof or sample. In the event of a Customer error, such as spelling errors or unrelated elements or content, which are attributable to the Customer and have already been presented in an electronic proof approved by the Customer, the Customer is solely responsible. Pinpops Inc. does not refund and is not responsible for any errors caused by the Customer when printing complies with the proof accepted by the Customer. The production will only proceed after the Customer has accepted the proof or a physical sample, which means that the Customer can be expected to have carefully checked the contents of the print and take responsibility for the products made or printed on the print.
9. Complaints
Any defects found in the goods shipped must be reported promptly but by 5 working days after delivery. Complaints based on the Customer's failure to comply with the technical print file requirements are not accepted. This is especially the case when the Customer has supplied the design in any format other than the one outlined for the particular product. Differences in color, low resolution of images, and other such occurences caused by the files provided by the Customer are the sole responsibility of the Customer.
10. Liability for Errors
If the supplied product is defective or lacks the agreed-upon written feature, Pinpops Inc. alone will decide whether to replace the product with a new one or to correct the defect. If Pinpops Inc. fails to comply with the Customer's reasonable deadline to do so and fails to supply a replacement product or fix a defect, or if the repair fails, the Customer may either terminate the Agreement or request a price reduction. No other claims can be made by the Customer. Pinpops Inc. is responsible for the replacement product or repairs in the same way as the original delivery. If the product or delivery is partially defective, you can only complain about the defective part. Unless otherwise mandated by law, Customer's claims expire in one year.
11. Liability for Compensation
Pinpops Inc. shall only be liable for damages from gross negligence or willful misconduct. In other cases, Pinpops Inc. will not be liable for any damages other than the product itself, in particular, no loss of profit or any other loss caused to the Customer. Pinpops Inc. shall be liable for negligent or intentional personal injury by the mandatory provisions of law. As far as Pinpops Inc. is concerned, its liability to its employees, agents, subcontractors, and other assistants is also excluded.
12. Ownership, Archiving and Copyright
The printing equipment manufactured or used by Pinpops Inc. to fulfill orders is the property of Pinpops Inc. Digital information and other reusable materials, as well as semi-finished and finished products, will be stored within the time of delivery or delivered to the Customer. The products of Pinpops Inc. are manufactured only according to the information provided by the Customer, and Pinpops Inc. does not influence their contents. You warrant that you have all rights to the information, texts, and images to be used, re-assigned, and published. The Customer is solely responsible for ensuring that the rights of third parties are not infringed and that printed materials do not violate applicable laws. The Customer shall release Pinpops Inc. from liability in the event of third-party claims arising from any infringement of its rights, particularly copyright.
13. Retention of Title
Pinpops Inc. reserves the title to all the products it supplies until the purchase price of the contract in question is fully paid. If the Customer is a trader, the title is retained until all claims of Pinpops Inc. in the commercial relationship between the Customer and Pinpops Inc. have been fully paid.
14. References and Archived Samples
Pinpops Inc. may use the manufactured products as an example ("References") of the technical characteristics of the products, printing methods, and manufacturing possibilities for subsequent Customers. Reference copies of products made to order from Customers will not be transferred to third parties; Pinpops Inc. retains the title and copyrights to the references and additional samples and copyrights to the original Customer. Suppose the Customer wishes to prohibit the presentation of an order as an example of a manufacturing method or product. In that case, the Customer may do so during or after the order. If the Customer authorizes the use of the order as a reference, then any subsequent prohibition of use as a reference will be negotiated on a case-by-case basis. The Customer is not entitled to any compensation for a product referred to as a manufacturing or printing method.
15. Due payment, Receipt, Withholding of Payments
Unless otherwise stated in the Order Confirmation, the total purchase price of the order (including applicable taxes) shall be due and payable immediately after the conclusion of the contract (receipt of the order confirmation). The Customer must bear the cost of applicable bank or other charges related to the selected payment method. The Customer is entitled to use only unchallenged or legally valid counter-claims for set-off. The Customer shall have the right to refrain from performance only if he has a counter-claim under the same contract.
16. Applicable Law, Place of Jurisdiction, Invalidity of the Contract
The terms of the agreement and all legal relations between Pinpops Inc. and the Customer are governed by the laws of the State of Tennessee. Unless otherwise required by mandatory law, the court of law shall be Pinpops Inc.'s domicile, but Pinpops Inc. shall also have the right to sue the Customer in all other competent courts. The partial invalidity or nullity of the terms of the agreement or other agreement between the parties shall not affect the binding nature of the other terms of the contract or agreement.
B. Product Provider Information
The products featured on Pinpops.com, Pins24.com, and Badgestock.com websites are provided by
Pinpops Inc.
40 Burton Hills Boulevard, Suite 200
Nashville, TN 37215
United States
Place of Jurisdiction: Nashville, Tennessee, United States of America
USA Toll Free: 1-888-881-7068
Contact Us
2. Information on the processing of personal data
Pinpops Inc. will use the personal information you provide (such as name, address, and contact information) and payment method information of your choice to complete the contract and delivery. The parties responsible for transport shall receive the information necessary for the transport.
If you have consented, we will also use the information to target advertising to new products or other changes in our product range. You may revoke your consent at any time. You will also have the opportunity to review the information we register with us, which may be changed or removed from the registry if necessary. You will not incur any expenses for this. To safeguard Customer information, we require a personal visit to our office to verify the identity of the person requesting the information. The Privacy Statement, by section 10 of the Personal Data Act, can be found in the section entitled here: Security and privacy.
3. Product Data Sheet
You can access and print the product specifications you have selected and created through an electronic proof or product-specific product page. Prices are individually specified for the product with the specifications chosen by the Customer. You can obtain a preliminary and non-binding quotation by submitting a request for quotation and including all relevant information about the offered product.
4. Formation of the Contract
The Contract between the Customer and Pinpops Inc. is formed when you have specified and accepted the offer of products with the specifications customized per your requirements. If you notice an error in processing your information, you have the opportunity to correct the error by sending us an instant notice of the error. When you receive an order confirmation, a binding order contract is created. The receipt of your order will be confirmed to you without delay upon receipt of the order and acceptance of its contents. We will agree when we accept your order and send you an order confirmation email.
5. Payment and Delivery
You can choose a preferred payment and shipping method before forming a binding contract. If your order is set to progress after prepayment, we will process your order after we have received all necessary payment information, such as a receipt or proof of payment. If you are approved to pay the invoice after shipping, we reserve the right to verify the Customer's credit history. Delivery of specific business details is then essential for the order to proceed. The production and delivery time will depend on the product selected, and the production time will begin once you have accepted the electronic proof for the product to be manufactured. Delivery time for in-stock items generally starts on the same day, from Monday to Friday. We deliver the products primarily to business shipping addresses. Deliveries abroad must be arranged separately. As per our contract, we only use FedEx or UPS shipping for overseas shipments.
6. Information on the right to cancel products with custom printing
Pinpops Inc. sells customized and personalized products, which are manufactured according to the information and materials provided by the Customer, according to the Customer's order. Therefore, this is not a revocable distance or other sale within the meaning of the Consumer Protection Act (20.1.1978 / 38). After the order is completed, there is no statutory right to cancel any trade made with Pinpops Inc. for individually manufactured or modified products.
7. Liability for defects and warranty
Products should be inspected promptly upon receipt to detect any defects. If errors are found, they must be reported to Pinpops Inc. in writing without delay, for example, by e-mail. Any claim must be made within 5 days after product delivery, and any subsequent claim will not be accepted. Pinpops Inc. shall be liable for errors by the contract terms and the mandatory law; no other warranty is given.
8. Promotions and Special Prices
Pinpops Inc. can organize promotional campaigns and various promotional pricing. We reserve the right to change the offers' duration, content, and terms. The promotion may also be terminated before the indicated date if Pinpops Inc. so decides. Promotions will not retroactively affect existing orders that have already been confirmed; the original pricing will remain in effect. Certain products or services may be excluded from promotional pricing. For example, when promoting free shipping, the campaign may not cover specific shipping methods. The content of promotional campaigns cannot be applied to pre-campaign orders.
9. Customer Service
You can contact our Customer Service by phone at any of our Customer Service phone numbers on weekdays from 8 a.m. to 4 p.m. (UTC-5). You can also email us through the contact page.
USA Toll Free: 1-888-881-7068
Contact Us
Nashville, Tennessee, on the April 4th, 2024