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These terms and conditions (the “Agreement”) govern all use of the birthposterdesign.com website (the “Site”) and the services available on or at the Site (taken together with the Site, the “Service”). The Service is owned and operated by Desinier AB, company reg. no. SE559162-754101, a company incorporated under the laws of Sweden, (“Desinier”) Desinier develops, sells, supplies and markets customized posters (“Products”) directly to customers (“Customers”). The Service is offered subject to your (the “User”) acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by Desinier. If you do not accept this Agreement, do not use the Site.
1.1 The Customer certifies to Desinier that if the Customer is an individual (i.e., not a corporation) the Customer is at least 18 years of age. The Customer also certifies that it is legally permitted to use the Service, and takes full responsibility for the selection and use of the Service. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.
2.1 Desinier reserves the right, at its discretion, to modify this Agreement, fees, charges and terms at any time. The User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by the User following such notification constitutes the User’s acceptance of the terms and conditions of changes as modified.
3.1 Violation of any articles of this Agreement or other rules will prohibit Users from using the Site.
3.2 Without limiting other remedies, we may limit, suspend or terminate our Service, prohibit access to our Site, delay or remove hosted Content, and take technical and legal steps to keep Users off the Site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies.
4.1 When you order a Product you will be charged then current fees, which we may change from time to time (for example when we have holiday sales or offer a discount of base product price). We may choose to temporarily change the fees for our Products.
4.2 By placing an order through the Site, you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder’s expressed permission to utilize the card to effect payment.
4.3 We may refuse to process a transaction for any reason or refuse Service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of refusing or suspending any transaction after processing has begun.
4.4 The User is responsible for paying all fees, payments and applicable taxes associated with our Site and Products. After receiving your order you will receive an e-mail from us confirming the details, description and price for the Products ordered
4.5 Payment of the total price plus delivery must be made in full before dispatch of your Products.
5.1 If the Customer is located outside of the territory of the European Union the Customer is responsible for paying sales tax (as applicable within each jurisdiction). Desinier will not be held responsible for any such sale tax. If the customer is located within the European Union sales tax is included within that price of the Product.
5.2 Customers outside of the European Union may be subject to paying custom duties (as applicable within each jurisdiction). Desinier will not be held responsible for any such duties.
6.1 After you have clicked the “confirm” button, it is not possible to edit or cancel your order. If you want to change some attributes such as size, weight, name, etc., then please contact us as soon as possible. We are not bound to make such modifications to your order, but we will do our best on a case-by-case basis. Replacement of Products and refunds to Customers for Products claimed as damaged or not received are subject to Desinier’s investigation and right to decide.
6.2 Desinier will review replacement of Products or refund requests within 14 days of placed order. If a Product is missing, damaged or subject to a print error, Desinier will replace the erroneous Product with a new Product. To instigate a refund process based on the aforementioned reasons, contact support@desinier.com. Refund requests will be processed within five (5) working days. For the sake of clarity, Desinier is not responsible for situations when the Customer has provided incorrect information, such as wrong Customer name or address. In such cases, an extra payment will be required.
6.3 Due to the individualized customization of the Product there is no right of withdrawal for the Product after placed order.
7.1 Whilst many component parts of our Products are standard, all Products available for purchase are described on their specific design page on our Site. We always try to represent each design as accurately as possible.
7.2 We have a policy of continuous Product development so we can provide you with what we consider the best design combined with best performance, thus we reserve the right to amend the specifications of Products, their price or packaging without prior notice. Before ordering, we thus invite you to have a close look at the Product description and design.
7.3 We use our best efforts to provide you with the best images and descriptions, but unfortunately we cannot guarantee that colors and details in website images are 100% accurate representations of the Product.
8.1 Your order represents an offer to us to purchase a Product which is accepted by us once we have sent you an e-mail order confirmation. Any Product on the same order which we have not confirmed in an order confirmation e-mail do not form part of that contract.
8.2 Desinier shall under no circumstances be held liable for any special losses due to specific circumstances of the User and/or Customer, including indirect or consequential losses or wasted expenditure.
8.3 Orders are placed and received exclusively via the Site. Before ordering from us, it is the Customer’s responsibility to check and determine their full ability to receive the Products. The Correct Customer’s address and post/zip code, User’s up-to-date telephone number and e-mail address are absolutely necessary to ensure successful delivery of Products.
8.4 All information requested on the checkout page must be completed precisely and accurately. Desinier will not be responsible for a missed delivery because of a wrong delivery address or an inappropriate phone number. Should you want to change the delivery address, or phone number, or if you have any other special requirements, please contact Desinier.
Gift certificates sold on the Site are valid for two (2) years from date of issue, and can be redeemed at the Site. After the expiration date, the card cannot be used as a method of payment or be reactivated, and any remaining balance cannot be refunded. Your gift certificate should be kept in a secure place; it cannot be redeemed for cash. Lost or stolen certificates will not be replaced.
10.1 Desinier delivers to most locations in the world. The Customer is always responsible for delivery prices. Delivery prices are additional to the Product’s price and can differ because of the delivery address. Standard delivery charges are shown on our checkout page, however we reserve the right to advise you of any additional delivery charges that apply to your specific delivery address. Charges may be added to the order for remote or difficult-to-access locations.
10.2 Desinier cannot guarantee delivery dates and accepts no responsibility, apart from advising you of any known delay, for Products that are delivered after the estimated deliveries date. Standard delivery times are shown on the Site. It is only an average estimation; some delivery can take longer, or alternatively they can be delivered much earlier. All delivery estimates given at the time of placing and confirming order are subject to change. In any case, we will do our best to contact you and advise you of all changes. We try our best to make delivery of the Product as simple as possible.
Ownership of the Products will only pass to Customers when we receive full payment of all sums due in respect of the Products, including delivery charges.
11.1 You release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of, or in any way connected with, such disputes. You agree that Desinier has no control over and does not guarantee the delivery of the advertised collaborations, and that Desinier shall be released from any and all damages resulting from the failure to receive any benefits of an anticipated collaboration.
12.1 By approving the Agreement the Customer accepts that Desinier will store and use relevant Personal Data about the Customer in order to deliver the Product. In addition, the Customer approves the use of cookies on the Site
13.1 Visitors and Customers may submit suggestions, ideas or questions to Desinier. By doing so, you acknowledge that we will be free to use, disclose, reproduce, modify, license, transfer and exploit any suggestions or ideas in any manner.
14.1 You will indemnify and hold Desinier (and its officers, directors, agents, subsidiaries, joint ventures, and employees) immune from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
15.1 If a dispute arises between you and Desinier, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
15.2 Contracts for the purchase of Products through our Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) must be resolved by a court located in Sweden.
15.3 Any dispute or claim arising out of or in connection with the Agreement or its formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of Sweden.
16.1 No agency, partnership, joint venture, employee-employer, franchiser-franchisee relationship, etc. is intended or created by this Agreement.
16.2 You acknowledge that you have all necessary permits to grant use of the Customer’s Personal Data to fulfill this Agreement.
16.3 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. At our sole discretion, we may assign this Agreement upon notice to you. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee that we will take action against all breaches of this Agreement.