The PRINTEE service includes a mobile and web application marketed under this brand and described on the website www.PrinteeApp.com/ as:

A mobile and web application for direct printing of photos and photo products from images taken with mobile phones, tablets and computers (hereinafter: the Printee Application)

The provider of the PRINTEE service is Printee, personalizirani foto izdelki d.o.o., Ulica škofa Maksimilijana Držečnika 6, 2000 Maribor, Slovenia (hereinafter: the Provider), which enables ordering of photos and photo products from the contractor.

The client of the PRINTEE service is any legal or natural person who has ordered the Provider’s services via the Printee application or in any other way (hereinafter: the Client).

 

General Terms and Conditions for the Printee Application

 

Article 1 (Introductory provisions)

The general terms and conditions for the Printeee application constitute a legal agreement between the client (an individual or legal entity) and the printing house that produces and dispatches the product ordered by the client via the Printee application (hereinafter: the Contractor/Printer). Printee, personalizirani foto izdelki d.o.o. (the Provider), enables this legal arrangement by providing the Printee application. In addition to the applicable local legislation (Obligations Code – OZ, Consumer Protection Act – ZVPot-1, Personal Data Protection Act – ZVOP-2, and Electronic Commerce on the Market Act – ZEPT), these general terms also govern the relationship between the Provider, the Client, and the Contractor.

 

Article 2 (Definitions)

The following terms have the meanings below:
The Provider’s Printee application is accessible via the website www.PrinteeApp.com/.
The service contractor is the company that produces and dispatches the product ordered by the client via the Printee application.
The client is any natural or legal person who orders the printing of photos or other products via the Printee application.
The application provider is Printee, personalizirani foto izdelki d.o.o., Ulica škofa Maksimilijana Držečnika 6, 2000 Maribor, Slovenia.

 

Article 3 (Conclusion of the order/contract)

By using the Printee application (on a phone, tablet, or website), the Client agrees to these general terms and conditions.
The Client places an order for the production of photo products by selecting images from the phone, tablet, or computer gallery and importing them into the Printee application, or by selecting the images directly within the Printee application.
By submitting materials in the application, the Client agrees that these images will be printed. The Client may cancel a submitted order at the latest within 1 hour after placing it or until the Contractor has accepted the order. Cancellation is carried out directly in the Printee application by clicking the “X” icon next to the selected order in the “Orders” tab and confirming the cancellation in the pop-up window. When the order is successfully canceled, its status changes from “Accepted” to “Canceled.”
The Client may also attempt to arrange the cancellation through customer support, which can cancel the order on the Client’s behalf, but only if the Contractor has not yet accepted the order. Once the Contractor accepts the order, the status changes from “Accepted” to “In production,” and cancellation or any subsequent modification of the order is no longer possible.

 

Article 4 (Prices and orders)

The received files/photos will be produced in the quantities, formats, and manner determined by the Provider in accordance with the currently valid offer.
Only orders that include a complete and true address will be processed. Incomplete orders are discarded without notifying the Client. An order becomes valid when it reaches the Contractor’s server, of which the Client is informed by the “Accepted” status in the “Orders” tab of the application. If the order status is “Transferring” or “Canceled,” this means the order was not correctly submitted and will not be produced. If the status is “Accepted,” the order was correctly submitted, but still needs to be confirmed by the Contractor. After confirmation, the order status automatically changes to “In production”; if the order is not technically flawless, the Provider will contact the Client.
Goods are delivered at the prices valid on the date the contract is concluded and as stated in the Printee application and on the website sl.web.printeeapp.com/. Prices include all taxes, including the currently applicable value added tax. Shipping costs are shown separately (also including VAT). All prices are in euros.
An order processing fee is charged for each order according to the current price list.
The Client is obliged to accept the produced photos or printed items and pay using the method selected in the Printee application.

 

Article 4.a

Each order will be processed by the Contractor, who does not issue invoices for this. The Contractor only prints the products that the Provider has submitted for production in the Client’s name.
The Client will not receive a printed invoice for the ordered goods but can view or print it in the application under the Orders tab; the invoice will also be sent to the email address entered when the order was placed. All invoices contain all elements prescribed by law.

 

Article 4.b (Payments)

The Provider enables several types of payment, in accordance with the applicable terms. As a rule, payments are made via:
Card payments. The Client enters a personal or business account/card number, which is processed on the secure server of the company that enables card processing (https://www.braintreepayments.com/). The Provider has no direct access to clients’ bank accounts.
Cash on delivery. The Provider has suitable agreements with the courier service so the Client pays the amount directly to the courier or postal worker.
Payment via PayPal. The Client enters a username and password; the payment is made through PayPal.
Payment via bank transfer. The Client pays by transferring funds directly to the Provider’s transaction account as stated on the invoice or in the payment instructions.
Until full payment of the ordered goods, the goods remain the property of the Provider; this does not exclude the Client’s payment obligation.

 

Article 5 (Withdrawal from the contract)

Because photo products are produced at the Client’s request and customized to the Client’s personal needs, the right of withdrawal for distance contracts pursuant to point 2 of Article 135 of the Consumer Protection Act (ZVPot-1) is excluded. Each order is individual in nature and subsequent changes, adjustments, or processing are not possible; therefore, the usual 15-day return period does not apply.
The Client may refuse the ordered photos only in the event of poor technical execution and no later than within 30 days from the date of receipt of the order, whereby the Contractor has the right to reprint and resend (justified complaint). If the materials provided are of poor quality (unjustified complaint), the Contractor has the right to refuse reprinting. Complaints must be sent in writing to Printee, personalizirani foto izdelki d.o.o., Ulica škofa Maksimilijana Držečnika 6, 2000 Maribor, Slovenia, or electronically to hello@printee.app, and must include all personal data and sufficient content to allow the Contractor to process the claim. Incomplete, incorrect, or inaccurate complaints will be rejected.
The following do NOT constitute grounds for complaints:
1. Color deviations between the produced photo (on photo paper or in printed form) and the display on the Client’s phone or tablet.
2. Missing parts of the image content due to a mismatch between the digital file and the selected order format (the Client can check and adjust this in the application before printing).
3. Poor quality images resulting from ignoring software warnings about the lower quality of the photos used. The Client is informed when the photo resolution is too low; if the Client still submits such a photo for development, the Provider and the Contractor assume NO responsibility.
4. Trimming of image edges resulting from the technology of photo production or printing, regardless of perfect matching of aspect ratios between the ordered file and the selected format.
For the purpose of handling possible complaints, the Client’s photos remain on the Provider’s server for up to 90 days from order submission. After 90 days, they are automatically deleted from the server.

 

Article 6 (Client’s obligations)

(1) The Client undertakes to immediately notify the Provider of any changes to contact details.
(2) The Client alone is responsible for:
– using the Provider’s services in accordance with applicable laws and regulations;
– the hardware used to access the Provider’s Printee application;
(3) The Client undertakes to appropriately secure their hardware to prevent third-party access to the Provider’s Printee application.
(4) The Client is responsible for using the Provider’s Printee application in accordance with applicable regulations and the general terms published at www.PrinteeApp.com/.
(5) If the Client intentionally or unintentionally causes damage to the Provider, the Provider has the right to charge the Client for the costs of the damage incurred.

 

Article 7 (Provider’s liability)

The Provider enables the Client to use the Printee application. The Provider undertakes, to the best of its ability, to ensure operation of the server and services, maintain the server, and upgrade hardware when necessary. Due to the very nature of the service and the internet, the Provider cannot guarantee that the service will always be available.
The Client agrees that the Provider’s total liability relating to services under the subscription relationship and any breach of the subscription contract is limited solely to the amount the Client paid for the service. The Provider and its partners are not liable for any indirect, direct, or consequential damages caused by the use or inability to use any of the Provider’s services.
The Provider and the Contractor are not liable for damage to or loss of data on data carriers or during electronic data transmission over the network, except where the fault (gross negligence) lies with the Provider. The Provider and the Contractor are not responsible for the content of images or their suitability. Due to the intermediary nature of the photo printing service, the Provider’s liability in this regard is entirely excluded.
The Provider is not responsible for data transmission costs. When roaming abroad, these costs can be significantly higher; the Provider therefore recommends using a Wi-Fi connection.
The application automatically reduces photos to the most suitable size for development. Depending on the size and quality, photos may be reduced and/or cropped. Before submitting for printing, the Client can preview how the application processes the image and can delete, adjust, or replace it. The size of an individual image depends on the selected product and ranges from 100 kB to 4 MB. If the Client submits an image for printing without prior review, no complaint may be lodged for that reason (example: the application automatically crops part of the photo and the essence of the photo may be lost). In the Printee application, by tapping any photo, the Client can view and adjust the actual “cropped” size that will be printed.

 

Article 8 (Execution deadlines)

The production time for photo products is typically 6–9 business days. All priority product orders placed by 11:00 are typically produced and dispatched on the same business day. The production process for photo books is somewhat longer due to quality assurance (laminating hard covers, manual gluing, glue drying, etc.). All photo book orders are typically produced within 6–9 business days from order placement, while priority orders are produced in 3–4 business days. When the order is completed, the Contractor will hand it over to the delivery service. The order status changes from “In production” to “Dispatched.” Delivery time depends on the courier but usually takes only 1–3 business days. Production times proportionally increase during promotional campaigns, holidays, and vacation periods.
From the moment the courier collects the shipment, neither the Provider nor the Contractor can influence when the goods will be delivered to the Client’s address.
All products are sent to the specified/provided delivery address in supported countries. In the case of an incorrectly stated address or fictitious data, the Provider reserves the right to charge all additional costs incurred in debt collection.

 

Article 9 (Maintenance)

The Provider will occasionally—most often at night, or as it deems necessary—carry out essential procedures to ensure the smooth operation of the Printee application and will perform reasonably necessary maintenance work. During such times, submission via the application will not be possible.

 

Article 10 (Abuse of the Printee application)

Any unauthorized use of the Printee application is considered abuse. In addition to other forms of unauthorized use of services, the following acts constitute abuse:
If the Client does not use the Provider’s services in accordance with applicable laws and regulations (e.g., printing pornographic content, politically motivated content, photos that indicate a breach of personal data protection, using the application to disclose confidential information, intimidation, extortion, defamation, insults, or causing harm to third parties in any way).
It is considered that for all submitted works and stored image files, the Client holds the rights under copyright, trademark law, and other applicable laws. Any consequences arising from violations of these laws are borne exclusively by the Client.
In the event of abuse of the Printee application, the Provider reserves the right to immediately, without prior notice, disable or limit the Client’s access to it.
The Client is liable for any damage caused to the Provider due to abuse. The Client is also obliged to step into any proceedings that state authorities or third parties may initiate against the Provider due to the Client’s abuse, or to compensate the Provider for any damage arising from such proceedings, including legal advisory costs.
If the Client intentionally or unintentionally causes damage to the Provider, the Provider has the right to charge the Client for the costs of the damage incurred.

 

Article 11 (Service termination)

If the Client does not settle obligations from the subscription relationship on time or to the delivery agent, the Provider may notify the Client via the application, by phone, or by email. If the Client does not settle overdue obligations within one week from notification and no other arrangement is reached, the Provider may limit or disable the use of the user account. If there is no response from the Client within 14 days of any notification, the Provider reserves the right to revoke access to the Printee application; this does not affect the Client’s obligation to pay all overdue receivables to the Provider.
The Client agrees that the Provider may delete the user account and disable the use of services at any time if the Client has provided incorrect or misleading information or violated the laws of the Republic of Slovenia. In such cases, payments already made are not refunded.

 

Article 12 (Transfer of rights and obligations)

The Client’s rights and obligations arising from the subscription relationship are not transferable without the Provider’s written consent.
The Provider has the right to transfer the content of rights and obligations to another legal entity.

 

Article 13 (Personal data protection)

The Client is informed and agrees that the personal data necessary for processing and archiving the order (name, surname, address, town, postal code, telephone number, IP address, email address) are stored on data carriers and used for order processing. The Client expressly agrees to the querying, processing, and use of this personal data for the purpose of fulfilling and archiving the order. Processing takes place in accordance with the Personal Data Protection Act (ZVOP-2) and the Electronic Commerce on the Market Act (ZEPT). The Provider will treat all data strictly confidentially and carefully protect it from unauthorized access by third parties.
In the event of app deletion and a complete written request sent to hello@printe.app, the Provider undertakes to immediately delete personal data, unless the order process has not yet been fully completed.
The written request must be complete and contain all key data from which the Provider can identify the Client and, at the Client’s request, delete them from the database. Third-party infrastructure and software may be used to operate the application. In such cases, only those personal and image data that are necessary for full image processing will be transmitted to third parties. These include: shipping address data, email or phone number for shipment notifications, and image files that are the basis for producing photos.
The Client expressly gives prior consent to the transmission of this data to third parties and to the processing of the data by third parties. The Client may revoke this consent at any time. The Client may also, at any time and free of charge, request in writing information on which other service providers and third parties received the data and for what purpose (the right to access, transcribe, copy, supplement, correct, block, and delete personal data relating to the Client).
Within the application, when entering an email address, the Client may agree that the Provider collects and processes personal data for business purposes. In this case, the Provider may also use personal data for periodic notifications about news, its own services and products, and the services and products of related entities (direct marketing).

 

Article 14 (Dispute resolution)

(1) The Provider and the Client undertake to attempt to resolve any disputes amicably.
(2) For any disputes that cannot be resolved amicably, the court with jurisdiction according to the Provider’s registered office is competent.
(3) Printee d.o.o. informs website visitors and potential and existing customers who have the status of consumer within the meaning of the first paragraph of Article 4 of the ZIsRPS, in accordance with the third paragraph of Article 32 of the ZIsRPS, that it does not recognize any IRPS provider as competent for resolving consumer disputes that a consumer may initiate under that act, which means that any disputes, if not resolved amicably, shall be resolved before the competent court.

 

Article 15 (Severability clause)

If any provisions of these general terms and conditions and/or any provisions of a contract supplemented by them are or become invalid, the remaining provisions shall remain in force unchanged for both contracting parties. In the event of invalidity of individual provisions, the contracting parties shall, in accordance with their mutual interests, conclude a new agreement that is, in economic terms, as close as possible to the invalid provision.

 

Article 16 (Changes to the general terms)

The Provider may freely amend these general terms or change the service offering. Any such change becomes valid 5 days after it is published on the Provider’s website or made accessible via the application. The Client agrees to periodically visit the Provider’s website to stay informed of any changes.

The general terms and conditions apply from 1 January 2024 until amended.

Our team’s main objective is, to make a pleasent experience for you, browsing or shopping on our app or website. To avoid misunderstandings, please read our Terms and Conditions, before you starting using our website or app.

Terms and Conditions

These Terms and Conditions are valid from 19. May 2017 and can be changed without prior announcement. Every customer and visitor is obliged to know the terms and conditions. The website printeapp.com is operated by the company 4FUN d.o.o., Cesta na lepo njivo 23, 3330 Mozirje. (hereinafter “Seller”). The Seller is registered with Taxpayer Identification Number SI 54957192. You can reach the seller by e-mail at support@printeeapp.com.

Definitions

For the purposes of these Terms and Conditions, the terms”Buyer” means the person named on the order;”Contract” means the order and the order confirmation;”Faulty” means afflicted with an error or defect; imperfect or defective;”Order” means your order for a product from the website;”Seller” is the company 4FUN d.o.o. (Printee)”Terms and Conditions” means the terms and conditions set out in this document.

Access to and use of the website

The website may not be used for any improper or unlawful purpose, or in violation of any applicable laws or licenses. You hereby agree to comply with all necessary instructions that we give you for the purpose of using the website. By placing your order, you acknowledge that we may review your order and its content for compliance with our policies and these Terms and Conditions, and may refuse to process an order in the event of a breach of these Terms and Conditions and our policies. As part of your order, you acknowledge that we may review your order and its content for compliance with our policies and these Terms and Conditions, and may decline to process an order if we believe the content is in violation of these terms and our policies.

Property Rights and Rights of Use

All intellectual property rights (i.e. patents, registered and unregistered trademarks and service marks, domain names, utility models and design rights, copyrights, database rights, photo rights and the rights to computer programs and all computer code) on and of the website and all content and materials that are on the website (“Website Content”) are and remain the property of the Seller or its licensors. The content of the website may be used for your personal, non-commercial purposes only and may not be reproduced, modified, copied, altered, distributed, redesigned, republished, exhibited, transmitted, or sold in any form whatsoever, in whole or in part, and you may not remove any copyright notices or other proprietary designations that are part of the website’s content. All information contained on the website including descriptions of books, photos and previews of products may differ from the original. The Seller reserves the right to make minor changes in product descriptions without having to inform customers and visitors.

Unsolicited Ideas

Every customer and visitor to our website agrees that he is not entitled to any refund in exchange for ideas, especially because of the possibility that we are already developing such ideas ourselves. If you send us Unsolicited Materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them: • 4FUN d.o.o. has no obligation to review any Unsolicited Materials, nor to keep any Unsolicited Materials confidential; and • 4FUN d.o.o. will own, and may use and redistribute, Unsolicited Materials for any purpose without restriction and free of any obligation to acknowledge or compensate you.

Orders and specifications

All products can be purchased if they are available and your order has been accepted by us. We reserve the right to refuse orders without giving reasons. Your order is valid only after the receipt of a confirmation of the order without reservation. Before submitting the order, the customer has the opportunity to view the product preview and is required to accept the preview before proceeding. The order confirmation contains details of your order and the price. It is your responsibility to notify us of any errors or errors in the order as soon as possible. Otherwise, you may receive a Faulty order. All details for the delivery time are informative and serve as orientation. The Seller will do everything to ensure that your order is delivered on time, but bears no responsibility if the order is not delivered on time. While we endeavor to reproduce and describe the inks used on the products as accurately as possible on our website, we cannot assure you that the colors supplied will exactly match those displayed on your monitor or mobile phone due to different display settings. We reserve the right to change a product on the website or stop the sale of a product without informing you.

Prices and payment

The prices valid on the day the order is received by the Seller apply. All prices are shown on the checkout page and include the statutory value added tax. Any shipping costs will be shown separately and be clearly stated. All prices and discounts will be clearly visible on the invoice, which all customers receive electronically.Therefore, it is very important that the customer provides a valid e-mail address. After completing the order, an invoice will automatically be sent by e-mail regardless of the payment method. Payment options include: credit card (MasterCard, Visa, American Express), PayPal and Payment on delivery. Credit card and PayPal transfers are processed / executed via the Braintree system. The customer is debited immediately after the completion of the order. A description of the process can be found here: https://www.braintreepayments.com/. All products are paid for via an external payment service provider. You will be asked to provide your payment information to this external payment service provider and you may also be required to accept additional terms and conditions regarding the use of each service. We cannot assume any liability arising out of or in connection with your use of any such external payment service provider and, to the extent permitted by law, hereby exclude such liability. Unless otherwise agreed, all payments are due immediately upon invoicing. The bank account or the credit card account of the customer is debited immediately after the completion of the order. You warrant that all information provided to us for the purposes of your order and its delivery is accurate, that you have the power to dispose of the chosen method of payment, and that you have sufficient funds or credit at your disposal to fully pay for the order. We are not responsible or liable for any errors of our provider. Although we make every effort to ensure that the information on this website (“Website Content”) is accurate, we cannot guarantee its accuracy or completeness. We reserve the right to change prices or fees at any time without prior notice and may refuse or cancel delivery associated with any misrepresentation of the price or fees.

Discounts, promotions and benefits

Various benefits or discounts are not compatible. For a single order, only one type of discount or benefit can be claimed. The buyer is entitled to a discount only if the order has been made during the time of the sales promotion. No further discounts can be claimed on an already reduced price. Unless otherwise stated, discount codes only apply to a single book and are not valid on past purchases. Discount codes are valid for as long as they are promoted in the footer of the marketing e-mail or in Facebook ads. To redeem a discount code, add an item to your shopping cart and, when prompted to enter any discount codes (under “Promo Code”) in the first stage of the checkout process, simply enter your code and be sure to click “Save”. We can change the price of each product up until the time an order is placed. Despite our best endeavors, certain products listed on the website may not be priced correctly or may increase in price between your order and our acceptance of your order. We will normally verify the prices as part of our handling procedures so that if the product price is lower than the price quoted on the website, we will charge you the lower price when shipping the product. If the correct price of a product is higher than the price stated on the website, we will normally, at our sole discretion, either contact you to ask how you would like to proceed or cancel your order and notify you of such a cancellation so that you can, if you so choose, place a new order at the correct price. If an inaccurate price quote is obvious and unmistakable and such that you should have recognized it in good faith as the wrong price, we are in no way obligated to provide you with the product at the wrong (lower) price. Quoted prices are exclusive of all sales taxes imposed by any governmental authority on any amounts payable by the Buyer. The Buyer shall be responsible for all such taxes. If the Seller is committed to collecting and disposing of tax, this tax will also be reflected in your invoice. Sales taxes are based on where the product is sent, and as such may vary. The invoice will be issued with the shipping costs for the shipping service you have selected.

Delivery

The products you order will be delivered to the address specified in your order. The usual delivery method is, unless otherwise expressly agreed, a shipment of the products with the delivery service GLS, GLS Hungary, Pošta Slovenije. We endeavor to process your order and manufacture the ordered product within the specified period. However, the production times may vary, and it should be noted that the delivery times given are not binding.  According to these Terms and Conditions, the adherence to the delivery time is not a contractual obligation. We therefore assume no liability for damages or expenses that you have suffered due to delays in the delivery of your order. You must inspect the products for defects immediately upon delivery. In the case of a delivery of the products by a carrier service, you are required to sign the required delivery confirmation. The signature on the document serves as proof that your order has been delivered to you without obvious defects or damage. Acceptance of the order may be denied on the grounds that it is Faulty. If the ordered products have been delivered damaged or with defects, you are obliged to notify us in writing immediately and not later than 24 hours after the delivery of the allegedly defective or damaged product and to personally sign the notification or have it signed by a representative. We reserve the right to deliver your order in multiple parts. If the order is delivered in several parts, each delivery establishes a separate contractual relationship. You therefore have no additional costs. You must be able to receive a delivery so that the package can be delivered. If this is not possible, a new delivery date can be agreed upon with GLS. If you have not picked up the package or unwillingly refuse to accept the order, we are not obliged to refund you the purchase price nor are you entitled to claim the purchase price.

Acceptance of delivery

If you receive the product(s), you must examine it for any errors and deviations from the contractual agreement before confirming with your signature that these products are in good condition. If you confirm with your signature that the products are in good condition, you confirm that the goods are in an acceptable condition. All packages for which no signature is given, but which are accepted, shall be deemed to have been accepted as if their good condition had been confirmed with a signature. If you see any signs of damage on the package(s), please sign that the package arrived damaged. Otherwise, beyond your statutory rights, we cannot refund or substitute the product. You must be present at the delivery date to accept the delivery as the courier will try to re-deliver not more than two times and the goods will then be returned to us at your expense. If the delivery is rejected due to a faulty address or if the goods are returned, you will be charged for the return shipping costs.

Risk and property

Upon delivery to the agreed address, the risk of loss and deterioration of the order passes to you. Notwithstanding the passing of risk, ownership of the order will not be transferred to you until the purchase price and any other amounts due in connection with this or any other order have been paid.

Return, refund and cancellation rights

An order can only be revoked in the following cases:

(a) if we do not deliver the ordered goods within 30 days of the end of the day following your order or

(b) in the delivery of defective products.

The revocation must be made as soon as possible after the discovery of the defect or damage. The prerequisite is that you have checked the product immediately after delivery, but in no case later than 24 hours after receipt of the product. State laws commonly provide for a four year statute of limitations on implied warranties, which effectively means you have four years to discover relevant defects in goods sold. They are limited and exclude other damages, especially those caused by neglect, inappropriate use, improper repair or changes and modifications. If an order is revoked in accordance with (a) or (b) above, we shall be responsible for all sums paid (including shipping costs for the original delivery and any replacement) with respect to the order in question. The revocation must be communicated by e-mail to support@printeeapp.com. As a precaution, it is specified that the General Terms and Conditions, except in the case of defects or errors of the product, do not grant any right of revocation for products which by definition have been made and customized according to your wishes after 24 hours of their being placed. The products must be returned to us in their original packaging. As a precaution, keep the original packaging. Your statutory rights remain unaffected by this provision.

Disclaimer and limitation of liability

Although we make every effort to ensure that information on this website (“Website Content”) is accurate, we cannot guarantee its accuracy or completeness. We reserve the right to make changes to the Website Content or the products, pricing or fees described herein at any time without notice. Website Content may be out of date and we assume no obligation to update that content. We will use the necessary expertise and care in providing for the Website. Certain Website Content may come from third parties. We point out that we do not assume any warranty or responsibility for the accuracy, completeness, timeliness or reliability of such Website Content. Unless otherwise provided in these terms and conditions, this website and the Website Content displayed on it are therefore in their present condition and without any express or implied (by customary, custom, legal provisions, etc.) representations or warranties of any kind. To the extent permitted by law, we disclaim all other terms, conditions, warranties, and representations (including, without limitation, any implied warranties as to the suitability of the website or the Website Content for any purpose). Website Content will not violate the rights of third parties. We make no representation that the website or the Website Content or any functions of the website will be available uninterrupted or error-free, that errors will be corrected or that the website or the server that provides access to it will be free of viruses or other harmful content. We neither guarantee nor warrant that the website or Website Content will meet your needs. We also make no warranty or representation with respect to the use or results of the use of any Website Content in terms of its completeness, accuracy, timeliness, reliability or other characteristics. We cannot be held responsible for the security of or any disruption to the website of any kind. The same conditions apply to the loss or corruption of materials posted through the website, as well as the loss or falsification of materials or data downloaded from the website to a computer system.

Liability

We warrant that all products purchased through this site are of satisfactory quality and suitable for the purposes for which products of this type are ordinarily supplied. To the extent permitted by law, we disclaim all other express or implied terms, representations and warranties (as may be implied by common law, custom, law, etc.). We are not liable for any damage or loss that you incur when ordering a product as a result of a breach of this contract by us. You expressly agree that you are using this website and Website Content at your own risk. Subject to the above provisions, you agree that we cannot be held liable in the following cases:

(a) in case of immediate losses, claims or damages;

(b) for indirect losses, claims or damages, as well as for punitive, special, incidental or consequential damages of any kind which are not directly related to the incident which was the cause of the claim; or

(c) in the event of loss of profit, loss of savings or the falsification of data (direct or indirect), regardless of whether or not they arise out of contract liability, tortious liability (including negligence), strict liability or directly or indirectly

(i) from any use of this website, mobile apps or their content,

(ii) from any of these terms and conditions,

(iii) from any of the products,

(iv) in the event of a failure or delay in the use of any part of the website or app, the Content or services, including but not limited to the unavailability of the website or apps, Content or services, regardless of the duration of the period of unavailability,

(v) from any use of or reliance on Website or apps Content or other information, materials, software, products, services or related graphics obtained through the website ; in all of these cases, the disclaimer applies even if we have been warned about the possibility of such loss or damage.

We shall not be liable for any loss, damage or expense (including lost profit) arising directly or indirectly from the default of fulfillment of the principal obligations under these Terms and Conditions if based on events or circumstances that arise beyond our control; these include, in particular, strikes, labor disputes, power failures, breakdowns, state action and force majeure. According to local laws, liability may not be excluded or limited. In this case, the above limitations or exclusions of liability do not apply to you. Due to the inherent risks of using the Internet, we cannot be held responsible for any damage or virus attack on your computer equipment or other property that has occurred while using the website. Because of the risks inherent on the Internet, we cannot be held responsible for any damage to your computer equipment or other equipment, or for viruses that infest this equipment while using or navigating the website. Please note that you download or otherwise obtain Website Content from the website at your own risk. You agree that you accept responsibility for any damage to your computer system or loss of data resulting from the downloading or purchasing of such website content.

Indemnification

You agree to indemnify us and our parent companies, affiliates and our respective officers, directors, employees, owners, intermediaries, contractors, partners, informants and licensors in respect of any claims, damages, liabilities, costs and expenses (including attorney’s fees) (whether they were predictable or preventable) incurred or suffered by any other party, as well as any claim or legal action arising out of or in connection with your use of the website, the Website Content or the services offered by the website, your behavior in connection with the website or the services offered or in connection with other users of the website, any purchases, transactions, actions or arrangements with a third party through the website or on the website of a third party or in relation to the violation of these General Terms and Conditions or any law or right of a third party arise or threaten to give, indemnify, defend and indemnify.

Choice of Law

Any disputes arising out of or related to these Terms of Use and/or any use by you of the website or Printee services shall be governed by the laws of the Commonwealth of Massachusetts, without regard to its choice of legal rules and without regard to conflicts of legal principles.

Completion

We may remove the website at any time at our sole discretion and for any reason, or discontinue the provision of any services available through the website. We may terminate your access to the website for any reason, at our sole discretion, with or without notice to you at any time.

Place an order

To place an order, you must follow the order procedure specified in the app or the website. Details of the price to be paid for each product, as well as the payment process, are listed on the app or website. Any times and dates given for delivery are estimates only. We will use our best endeavors to deliver the goods within the specified times, but we will not be liable if the delivery is not made within that time. By placing an order through the app or the website, you are making an offer to purchase the product and indicating that you accept these Terms of Sale and our Terms and Conditions. All orders are only binding upon our acceptance; we are entitled to reject any order you place. We will send a written acknowledgment of receipt to the e-mail address you enter when placing your order, but this confirmation does not constitute acceptance of the order on our part. We will accept your offer once we have received full payment from you. We will then send you a confirmation by e-mail; at this time, the contract is concluded. Once full payment is received, we will start processing your order and create your personalized book. Once we start creating your book, the cancellation of your order is not possible. We require full payment of the book before this book is produced and shipped. If we are unable to place an order after accepting the payment, we will refund your money and cancel the contract. We may modify or discontinue our products or services at any time without notice to you, and it cannot be ruled out that products will become unavailable without prior notice. We accept no liability of any kind if a product or service is not available. You affirm that all the information you provide to us for the purpose of purchasing products through the website is correct, that the credit or debit card or electronic funds you use are yours, and that sufficient cash or lending funds are available to cover the cost of the respective products. If the payment is not received in full, we are under no obligation to supply the products.

The right to deny services

The seller reserves the right that, in exceptional cases, products will not be delivered. As an exception, technical restrictions apply to the personalization of a product or customer payment risk level, which is based on the decision of the seller. The seller has the right to cancel the order if he cannot receive a confirmation of the purchase by the customer by phone or e-mail. The seller is obliged to inform the customer about the non-delivery via e-mail or telephone. If the customer has not provided any correct personal information, the seller is under no obligation to inform him. The seller shall not be liable for any loss, damage or expense resulting from any failure or delay in the performance of its obligations which were caused by an event or circumstance beyond its control.

Privacy

We will only use personal information that we obtain from you in accordance with our Privacy Policy. These policies are an integral part of these Terms and Conditions, and it is important that you read them. By agreeing to these Terms and Conditions, you also agree to our Privacy Policy. You can find the policy here: Privacy Policy

CONTENT CONSENT AND RELEASE FORM RIGHTS OF USE

I hereby represent and warrant that the content (photos, videos, texts, etc.,) I have submitted to 4FUN d.o.o., including its affiliates, subsidiaries, and related companies through email and other applicable communicational tools (“Content”) is my original work, it has not been copied from others, and it does not violate the rights of any other person.

By sending the Content, I am hereby are granting, where permitted by law, Printee and its representatives a non-exclusive transferrable perpetual worldwide license (with the right to sublicense) to print, publish, broadcast, distribute, reproduce and use the Contents on the Internet, press release, in newsletter and event announcements, presentations, articles, social media marketing channels for news, publicity, information, trade, advertising, public relations, and promotional purposes and for any kind of present and future Printee’s events without any further compensation, notice, review, or consent. Moral rights in the Content remain with myself.

I hereby further represent and warrant that I have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any Content that I submit to Printee. I agree that such Content will not contain material subject to copyright or other proprietary rights, unless I have necessary permission or are otherwise legally entitled to post the Content and to grant Printee the license described above.

RELEASE FORM FOR A MINOR (IF APPLICABLE)

I hereby certify that I am the adult parent or guardian of a child under the age of majority (hereinafter »Child«), who is not legally competent to give consent to processing of Child’s personal data in relation to the Content, and that I have the legal authority to execute this release on behalf of the Child.

By sending the Content to you (hereinafter “Release Form”), I irrevocably give permission to Printee and its officers, agents, employees, successors, licensees, and assigns to take, reproduce, edit, publish, distribute and otherwise use for advertising, trade and/or promotion of Printee and its products Child’s appearance, name, likeness and biographical data as included in the Content (hereinafter “Material”). I further give permission to Printee to use Child’s name and any other personal data in or in connection with any Material. I also waive any right to review and approve publication or other use of Material for the above-described purposes either in its original form or as edited by Printee now and in the future. Herein granted right of Printee to use Material does not constitute an obligation to make use of this right. Printee hereby undertakes to process Child’s personal data obtained in accordance with the above permission exclusively for purposes described in this Release Form and in line with its privacy policies and applicable privacy laws:

By sending the Content to you, I also certify and warrant that all Content created by myself have been, to the best of my knowledge, produced in compliance with applicable laws governing child labor in entertainment industry, including (if applicable) but not limited to obtaining from supervisory authority written consent to employ a minor and obligation to establish separate bank account for income from child engagement.

I agree to defend, indemnify and hold harmless Printee from any and all liability, claim, action, damage, expense, and loss of any kind (including attorney’s fees) caused by or arising out of or in relation to the use of any of the rights granted by myself herein. I also agree to indemnify Printee from any and all liability, claim or action caused by or arising from and in connection to any breach of provisions of this Release Form and any violation of applicable law, including but not limited to applicable labor laws and right to publicity, from my side.

PRIVACY ISSUES

I HEREBY GIVE MY EXPRESS CONSENT TO SHARE THE CONTENT IN ACCORDANCE WITH APPLICABLE PRIVACY LAWS WITH PRINTEE FOR MARKETING AND RELATED PURPOSES, WHICH ALSO INCLUDES PROCESSING (E.G. POSTING) THE CONTENT ON PRINTEE WEBSITES (E.G. PRINTEE WEBSITE, FACEBOOK PAGE, INSTAGRAM, TWITTER, PINTEREST, PRINTEE NEWSLETTER ETC.), INCLUDING SOCIAL MEDIA CHANNELS (E.G. FACEBOOK, INSTAGRAM ETC.).

I HEREBY GIVE MY EXPRESS CONSENT TO SHARE THE CONTENT IN ACCORDANCE WITH APPLICABLE PRIVACY LAWS WITH PRINTEE BUSINESS PARTNERS FOR MARKETING AND RELATED PURPOSES, WHICH ALSO INCLUDES PROCESSING (E.G. POSTING) THE CONTENT ON PRINTEE’S PARTNERS WEBSITES, INCLUDING SOCIAL MEDIA CHANNELS (E.G. FACEBOOK, INSTAGRAM ETC.).

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRINTEE AND ITS ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) THE CONTENT; (ii) ANY CONDUCT OF ANY THIRD PARTY REGARDING THE CONTENT, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CONTENT USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE CONTENT; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE 4FUN D.O.O. AND ITS ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID 4FUN D.O.O., IF ANY, IN THE PAST SIX MONTHS FOR ITS SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE PRINTEE AND ITS ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.