Terms & Conditions

Terms and Conditions This website domain, www.theberkshirepress.com, is owned and operated by Monica Dutia LLC (referred to as “The Berkshire Press” herein). The Berkshire Press is a graphic design and paper products shop specializing in one-of-a-kind custom graphic design services, creative consulting, and custom and ready to shop paper products. The Berkshire Press offers custom one-on-one graphic design, branding, and creative services; custom paper products, and ready to shop paper products available via online purchase (“Services”). Use of this website and any sub-domains constitutes acceptance of these Terms and Conditions (“Terms”) and our Privacy Policy. If you do not accept these Terms and Conditions, you should immediately terminate use of The Berkshire Press and its Services.

Throughout the Privacy Policy, the words “I,” “we,” “me,” “us,” “my,” or “our” refer to the business entity, The Berkshire Press. The words “you” or “your” refer to any user of this website.

SCOPE

The Berkshire Press and its Services are made available to you on the condition of your acceptance of these Terms. New information, products, and/or services added to The Berkshire Press are subject to the current Terms. Please read these Terms prior to engaging with content on The Berkshire Press.

The Berkshire Press reserves the right to update, change, and replace any part of these Terms as needed.

GENERAL CONDITIONS

By agreeing to these Terms, you consent that you are at least (a) the age of majority in your jurisdiction; or (b) that you are at least the age of majority in your jurisdiction, and you have given us permission to let any minors in your charge use our site.

You must not use The Berkshire Press or its Services to transmit any worms, viruses, or any code of a destructive nature; promote or distribute hateful, discriminatory, or provocative language; or break the law or incite others to break the law.

We reserve the right to block anyone and/or refuse Services to anyone for any reason at any time.

By using The Berkshire Press and its Services, you understand that it is against the law to reproduce, duplicate, copy, sell, resell, or exploit any photographs and designs and/or copy any information provided by and produced by The Berkshire Press. All material authored by and created by The Berkshire Press is considered copyrighted.

As part of The Berkshire Press, we may make recommendations and/or provide access to optional third-party services, over which we have no control. The Berkshire Press provides access to these third parties as a courtesy, but The Berkshire Press does not endorse any third-party service unless explicitly stated. By accessing any third-party services, you agree that they are provided “as is” without any warranty on our part, and that we will not be held liable for any consequences as a result of your use.

Third-party services are subject to the terms of that third party. It is your responsibility to become familiar with their policies.

ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible for information obtained from The Berkshire Press that is not accurate, complete, or current. This includes but is not limited to general information, historical information, product and service descriptions, specifications, or prices; advertisement or sale terms; images or illustrations; or results of any kind.

You shouldn’t rely on the information on The Berkshire Press’s website as a sole basis for making decisions. If you chose to rely solely on the information available on The Berkshire Press’s website, you do so at your own risk.

The Berkshire Press is under no legal obligation to correct inaccuracies in the information available on The Berkshire Press’s website, except as required by law.

Occasional inaccuracies or typographical errors may occur and may relate to product information, including but not limited to product descriptions, specifications, prices, quantities, or transit times. The Berkshire Press reserves the right to correct this information, including changing or cancelling processed orders, without prior notice.

USER SUBMITTED CONTENT

Occasionally you may be asked to submit content (i.e., your email address), or you may be allowed to submit content on your own without being asked by us (i.e., suggestions, feedback, or comments).

By submitting this content, whether by website, email, or otherwise, you agree that we may publish, share, or otherwise distribute the content without restriction. We are under no obligation to maintain confidentiality or privacy. By submitting content, you agree that you are not violating the right of any third party, nor submitting libelous or abusive content; you may not use a false name or identity or mislead other users or us as to the purpose of your content. Additionally, you agree that you understand that your content may be transferred unencrypted.

We strive to enforce these Terms; however, you may be exposed to user submitted content that is inaccurate or objectionable. We reserve the right to edit and remove any user-submitted content at our sole discretion. We are not responsible or liable for the comments left by you or any user or third party or for content submitted by you or any user or third party.

ACCOUNT INFORMATION

You agree to provide current, complete, and accurate information when creating an account and entering information on The Berkshire Press for any purchase made through The Berkshire Press. You agree to promptly update and correct any information that may be incorrect in order for The Berkshire Press to process your purchase. This includes, but is not limited to, your name, shipping and billing address, and payment information. By providing this information, you agree that you are authorized to submit such information, including payment information.

ONLINE PURCHASES, SHIPPING, AND RETURNS

Acceptable Payment & Payment Information: The Berkshire Press uses online payment processers, such as Shopify, for all online purchases made through The Berkshire Press’s website. Acceptable forms of payment are dictated by the online payment processor. During the checkout process, our payment processor will collect your payment information and may retain a record of it. This information is not stored by The Berkshire Press.

Cancellation Requests: The Berkshire Press does not accept cancellation requests. Online purchases made through The Berkshire Press’s website begin processing immediately. Once an order is placed by you, you are not able to cancel the order.

Shipping Policies: The standard shipping method is UPS standard with tracking. Rush shipping may be available for an extra fee. You will be able to select your shipping option at checkout through our online payment processor. The Berkshire Press is not responsible for delays in delivery, items damaged during shipping, or items lost in the mail. Should you encounter a delay in delivery, damaged item, or should you not receive any item purchased on The Berkshire Press’s website, you must contact The Berkshire Press immediately at info@theberkshirepress.com. While we are not responsible for delays, damage during shipping, or lost items, we will do our best to remedy the situation.

Return Policies: The Berkshire Press does not accept returns on products purchased through The Berkshire Press. If you are unhappy with your purchase, please contact info@theberkshirepress.com as soon as possible and explain the issue.

SUMMARY OF PROHIBITED USES

In addition to other prohibitions as set forth in these Terms, you are prohibited from using The Berkshire Press, its Services, and its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the site or any related website, other websites, or the Internet. We reserve the right to terminate your access to The Berkshire Press and our Services for violating any of the prohibited uses.

SUMMARY OF DISCLAIMERS

We do not guarantee, represent, or warrant that your use of our Services will be uninterrupted, timely, secure, or error-free.

You understand that from time to time we may remove the Services and The Berkshire Press’s website for indefinite periods of time or cancel the Services and The Berkshire Press’s website at any time, without notice to you.

You agree that your use of our Services is at your own risk. The Services provided to you are “as is” and “as available” for your use and enjoyment, without representation, warranties, or conditions of any kind, express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall The Berkshire Press be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or for any other claim related in any way to your use of the Services or any product related to the Services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the Services. Because some states and jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states and jurisdictions, our liability shall be limited to the maximum extent permitted by law.

COPYRIGHT AND OTHER INTELLECTUAL PROPERTY

All material authored by The Berkshire Press is considered copyrighted as well as any designs, graphics, photos, and videos published by The Berkshire Press.

Please be mindful if sharing content, designs, and images from The Berkshire Press. You shall not, under any circumstances, use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, or publish any of our intellectual property, and you understand that it is illegal to do so.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless The Berkshire Press and our owners, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and any future and/or current employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

PROTECTIONS

The failure of us to exercise or enforce any provision of these Terms shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms shall not be construed against us.

GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the State of New York.

CHANGES TO TERMS

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.

Your continued use of and access to The Berkshire Press and our Services following the posting of any changes to these Terms constitutes acceptance of those changes.

CONTACT INFORMATION

Questions about the Terms and Conditions should be sent to info@theberkshirepress.com.