Terms & conditions - Print Dose

Terms and Conditions

Last updated: 5 January 2022

Print Dose – General Terms and Conditions

Please read our General Terms and Conditions carefully. These General Terms and Conditions govern your access, use and orders placed at www.printdose.com and its mobile sites (collectively, the “Site”) as well as the provision and sale of products and services by PrintDose and/or its affiliates and/or fulfillment providers, as the context may require (“Print Dose”, “we”, “us” or “our”).

1. Applicability

1.1 By accessing or using this Site and its related software tools, applications or any other PrintDose service, you agree to be bound by the terms of our Privacy and Cookie Policy, the Product-Specific Terms and the following General Terms and Conditions (“PrintDose Terms”) and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these PrintDose Terms.
1.2 Every offer of a PrintDose product and/or service on our Site as well as every transaction, order and agreement that is concluded through our Site is governed by our PrintDose Terms.
1.3 The applicability of any terms and conditions of the customer or any third-party on behalf of the customer is expressly dismissed and shall not apply, even if PrintDose has not specifically rejected them.
1.4 PrintDose reserves the right to make changes to this Site and to these PrintDose Terms at any time without prior notice. You should review these PrintDose Terms of Use each time you access this Site

2. Your Account

Before you can place an order online, you must have a PrintDose account which is created by completing the registration form on the Site. The customer will at all times be responsible for each and every use of the account. PrintDose has the right to refuse any request made by you and to close your PrintDose account immediately in the event of any breach of these PrintDose Terms.

3. Terms of Sale

All our offers and promotions are without any obligation and subject to availability and confirmation of the order. An agreement between you and PrintDose is subject to our acceptance of the order and will be formed when you receive the Order Confirmation by email.

4. Copyrighted Materials for Limited Use

4.1 This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, music, software tools, and other information (referred to herein as “Content”). This Site and all Content are the copyrighted property of PrintDose or the copyrighted property of parties from whom PrintDose has licensed such property. All rights in this Site and its Content are reserved worldwide.
4.2 It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these PrintDose Terms.
4.3 PrintDose reserves the right to add to, delete from, or modify any part of Content at any time without prior notice. Any modifications to Content, whether by You or PrintDose remain the property of PrintDose and its licensors.
4.4 The logo design tools provided on this Site employ a limited number of elements, including icons, fonts, colour schemes, and design effects. PrintDose reserves the right to use all such elements and to make all such elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual logo design elements through your creation of a logo design and/or your incorporation of a logo design into one or more products. Other PrintDose customers may use the design tools to create logos that have similar or identical combinations of these elements and PrintDose does not guarantee that your logo will not have similarities to logos designed and used by other parties. PrintDose provides no warranty of any kind that logo designs created using the design tools will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether the logo design is legally available for your use and does not infringe the rights of another party.

5. Use of our Site and its Content

5.1 You are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating, and ordering products or services solely through PrintDose (referred to herein as “Products”). No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted. Obtaining Products from PrintDose does not entitle you to use any portion of Content apart from the finished Products as they are supplied by PrintDose.
5.2 You agree to use this Site in a responsible manner that is in full compliance with these PrintDose Terms and with your local laws and regulations, including export and import regulations.
5.3 Without limitation, no portion of Content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity.
5.4 You agree that you will not use the Site to produce Products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable.
5.5 PrintDose reserves the right, in PrintDose’s sole discretion, to refuse to accept any content provided by you to PrintDose or to process any order at any time and for any reason. PrintDose also may terminate its service to and/or the accounts of customers found to be using PrintDose to engage in undesirable activities or otherwise violating these PrintDose Terms. You agree that PrintDose shall have no liability of any kind to you or to any third-party arising from such refusal or termination.
5.6 You are solely responsible for your use of Content in combination with any other images, graphics, text or other materials you incorporate into your Products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third-party in your Products unless you have obtained the appropriate authorisations from the owners. You warrant that your Products do not infringe upon any rights of any third-party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third-party, and that you have all required rights or permissions necessary to incorporate third-party material into your Products, including any third-party material made available via a third-party design service which may be accessed via the Site.
5.7 By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorise PrintDose to produce the Products on your behalf. You grant PrintDose the right to copy, modify, distribute, use, create derivative works of and vectorise any content you have uploaded for the purpose of fulfilling your order and/or marketing products or services to you. Moreover, you warrant that you have sufficient rights to permit PrintDose to copy, distribute, use, modify, create derivative works of and vectorise any uploaded content for the purpose of fulfilling your order and/or marketing products or services to you.
5.8 You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.

6. Transfer of Title

6.1 The customer agrees that the risk of loss and title for any printed Product pass to you upon our delivery to our carrier.
6.2 For any Product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to the customer or (b) at the time we transmit a notification to the customer that the Product is available for downloading from the Site.

7. Right of withdrawal

7.1 You have the statutory right of withdrawal (or cancellation right) that applies to consumers who enter into distance selling contracts, allowing the withdrawal from (or cancellation of) a contract within 14 days from receipt of their products without giving any reason or incurring any costs. The right of withdrawal also applies to digital products and services provided by PrintDose (“Digital Products”). If you select a product or service provided by our partners, different cancellation rights may apply. We recommend that you review their terms and conditions for more information about their cancellation policies.

7.2 The statutory right of withdrawal does not apply to the supply of goods made to your specifications or clearly personalised. The products ordered from PrintDose are customized by you and you can therefore not exercise your right of withdrawal.

8. Indemnification

You agree that you shall indemnify PrintDose and all parties from whom PrintDose has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these PrintDose Terms; (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material that was not part of the standard Site Content and that you uploaded or otherwise provided to PrintDose or incorporated into Products; or (iii) any suit, claim, or demand arising from or related to products or services we offer that are provided by our partners. As to clause (ii), you agree that we have the right to control the defense of any such suit, claim or demand.

9. Disclaimer of Warranty

9.1 THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. WHILE WE MAKE REASONABLE EFFORTS TO ACCURATELY DISPLAY THE ATTRIBUTES OF PRODUCTS, WE DO NOT WARRANT THAT PRODUCT DESCRIPTIONS ARE ACCURATE, RELIABLE AND ERROR-FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
9.2. You acknowledge that there are risks in using the products or services provided by any of our partners through or in connection with PrintDose services, and that PrintDose cannot and does not guarantee any specific outcomes from such use or interactions, and you hereby assume all such risks, liabilities or harm of any kind arising in connection with or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by our partners, breach of warranty or contract, violation of rights, and any consequent claims.
9.3 Some jurisdictions may provide you with certain warranties or guarantees that cannot be excluded by contract (“consumer guarantees”), or only limited in certain circumstances, and nothing in these PrintDose Terms alter those consumer guarantees if it is illegal for PrintDose to do so. If those consumer guarantees apply to you, and PrintDose cannot legally exclude those consumer guarantees, then to the maximum extent permitted by law, PrintDose: (1) excludes or limits those consumer guarantees; and (2) limits its liability at the option of PrintDose to the following: (a) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again; (b) in the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or acquiring equivalent goods; or the payment of the cost of having the goods repaired.

10. Limitation of Liability

IN NO EVENT SHALL PRINTDOSE OR ITS LICENSORS, SUPPLIERS, OR VENDORS, OR THE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY OF THEM, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT PRINTDOSE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM PRINTDOSE, ITS AFFILIATES, OR PARTNERS, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL PRINTDOSE BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORISED USE OF THIS SITE OR ITS CONTENT OR OUR SUPPLIED PRODUCTS OR SERVICES, INCLUDING PRODUCTS OR SERVICES PROVIDED BY OUR PARTNERS. IF YOU LIVE IN A COUNTRY OR STATE THAT DOES NOT ALLOW ANY OF THE FOREGOING EXCLUSIONS OR LIMITATIONS OF LIABILITY OR ANY OF THE DISCLAIMERS OF WARRANTIES IN THE ABOVE SECTION, SUCH EXCLUSIONS OR LIMITATIONS WILL NOT APPLY TO YOU BUT ONLY TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE NOT ALLOWED. IN SUCH CASE, SUCH EXCLUSIONS OR LIMITATIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

11. Site Feedback

Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to PrintDose in connection with the operation or content of this Site shall be provided by the submitter and received by PrintDose on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of PrintDose. By submitting any such information to PrintDose, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that PrintDose shall be free to use such information on an unrestricted basis.

12. Privacy and our Use of Cookies

PrintDose has set out in its Privacy and Cookie Policy how we collect, use, disclose, store and protection the information that you submit to us during the use of our Site. This Privacy and Cookie Policy applies to every Site visit, every use of our services, and every transaction and agreement that is concluded through our Site.

13. Miscellaneous

You must be at least 18 years old or otherwise have parent or guardian permission to use this Site. By using this Site, you represent and warrant that you are at least 18 years old or have that permission. In the event any provision hereof is found to be unenforceable by a court of competent jurisdiction, that provision shall be deemed modified to the extent necessary to allow enforceability of the provision as so limited, or, if a deemed modification is not satisfactory in the judgment of that court, the unenforceable provision shall be deemed deleted, and the validity and enforceability of the remaining provisions shall not be affected thereby.

14. Governing Law, Jurisdiction and Dispute Resolution

14.1 The party you are contracting with and the seller of the products and services offered and sold on this Site is PrintDose , a limited company organised under the laws of the Netherlands with its headquarters in Venlo, the Netherlands.
14.2 All issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of the Malta.
14.3 Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in Amsterdam, the Netherlands. You agree to submit to the jurisdiction of courts sitting in Malta and agree that venue in these courts is proper in any such legal action or proceeding. You also agree that you not assert, in any legal action or proceeding involving PrintDose, that a court sitting in Malta is an inconvenient forum for such legal action or proceeding.
14.4 Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties. When permitted by law PrintDose, and PrintDose’s suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.
14.5 We recognise that in some countries, you might have legal rights as a consumer. If you are using the Services for a personal purpose, then nothing in these terms or any additional terms limits any consumer legal rights which may not be waived by contract.
14.6 The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be accessed here: http://ec.europa.eu/odr.