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Terms of Sale

Sidst opdateret september 17, 2020

Purchases made on pacsome.com, as well as any other media form, media channel, mobile website or mobile application related (the “Site”) are regulated by the following Terms of Sales (the “Terms”).

The Site and the functionalities provided through it are provided by Pacsome AB, a company registered in Sweden, registration number 559211-5314, with address at Norra Kustbanegatan 15, 416 64, Gothenburg, Sweden (hereinafter also referred to as “Company”, “we”, “us”, “our”) who owns and administers the Site.

By accessing, registering or ordering on the Site, you (hereinafter also referred to as ‘You”, “User”,”Professional” or ‘Consumer”) agree without any limitation or reservation these Terms.

You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms. Please read the following provisions carefully, as they contain the conditions governing the use of the Site and the way we manage your personal data.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason.

Please note that some rights and obligations might differ depending if the User is a Consumer or Professional.

1. Definitions

In these Terms, the following terms shall have the meaning ascribed to them below:

Business days – weekdays from Monday to Friday (with the exclusion of public holidays in accordance with the laws of Sweden for Orders made by Professional and in accordance with the laws of the customer’s countries for Order made by Consumer)

Consumer – a natural person making purchasing from us and who’s acting outside the scope of an economic activity (trade, business, craft, liberal profession)

Professional – refers to any natural or legal person, unincorporated organisational unit, and/or any person acting on behalf of such entity, that cannot be considered as consumer.

Privacy Policy – refers to the Company’s policy regulating and explaining the use of your personal data. The Privacy Policy constitutes an integral part and an attachment to the Terms

Products – refers to the products sold by us in accordance with these Terms

Contract of sale – refers to the contract for the sale of the Products concluded by way of an Order placed by You and a confirmation of this Order by us

User – refers to a Consumer or Professional with full legal capacity using the Site.

Order – refers to the purchase submitted by the User to the Site to purchase product(s) from us.

Personalised orders

2. General provisions

2.1 The Site provides web-to-print services on various Products. Unless otherwise agreed in writing by You and us, the manufacturing of the Products may be entrusted by us to any third-party subcontractors or sub-suppliers.

2.2 These Terms shall be made available to the User free of charge before the conclusion of the Contract of Sale, and/or, at the User’s written request.

2.3 The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

2.4 To access our services and/or place an Order, Users may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

3. Products

3.1 We make every effort to display as accurately as possible the colors, features, specifications, and details of the Products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the Products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the Products. All Products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any Products at any time for any reason. Prices for all Products are subject to change.

If You are not satisfied with your Products, please check below your rights.

4. Pricing and payment

4.1 We accept the following forms of payment: Visa, Mastercard, American Express, Discover and PayPal. Payments may be subject to validation checks and authorization by the payment service provider You have chosen. Please therefore check their terms and conditions.

4.2 You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site.

4.3. Price to the Products is the one in force at the time and date in which is placed the Order. The total Order Price is calculated according to the choices made by the User at the checkout, in accordance with the rates stated therein. Prices are quoted in local currency, or when not available, in Euros. Delivery costs and any other costs which might apply may be charged in addition and are clearly displayed during the checkout process.

4.4 If You are a Consumer, the stated price includes all taxes, including VAT and if selected, the extra delivery costs. The VAT listed on the price is based on the country tax rate of the Selling Company, and is 25%.

4.5 If You are a Professional, the prices are clearly marked as including or not including VAT. The Professional is responsible for all other taxes or fees applicable in the territory to which the Products are sent.

4.5.1 For Professionals within European Union – The VAT tax will be deducted if the VIES number is accurate. In the order confirmation / invoice, the VAT amount will be specified.

4.5.2 For Professionals outside the European Union – The VAT total amount and the percentage will be specified on the order confirmation and invoice.

4.6 For each Order, Professionals may access invoices which will be either:

  • accessible on their Order Confirmed Page;and
  • sent by -email to the Professional when the Order is confirmed.

4.7 We may provide, at our sole discretion, special offers and discounts relating to certain Products on the Site. The conditions of use relating to any special offer or discount will be specified at the time of issue. We reserve the right to withdraw such special offers or discounts at any time, without warning.

5. Order and conclusion of contract

5.1 Orders may only be placed via the Site. By placing an Order, You agree to be bound by these Terms. A Contract of Sale is concluded once You receive from us, via e-mail, an Order Confirmation. Notwithstanding the foregoing, and for Users who qualify as Professionals, we reserve the right to reject the Order for any reasons up until delivery. In this case, we shall fully reimburse the cancelled Order.

5.2 To order a Product, You must select your desired Product and click on ‘Add to basket’. This action should be considered as an offer to purchase said Product. You can either add other Products or finalise Your Order by clicking on ‘Confirm basket’

5.3 If You have an account, You shall be required to login. If You do not have an Account, You can either continue as Guest or create an Account.

5.4 At the checkout, You shall enter all information required for the delivery, select a delivery method, a payment method and validate the Order by clicking on ‘Confirm Order”.

By confirming an Order, You expressly and unreservedly accepts these Terms.

5.5 When payment is validated, You shall receive an Order confirmation email. This is the acceptance of the offer and shall be considered as a sale contract between You and us.

5.6 When your Order is shipped, You shall receive a confirmation e-mail that the Product has been shipped.

6. Deliveries

6.1 Delivery costs applicable to the Order of Product(s) shall always be included. If any, ^you shall always cover Custom Clearance Fee.

6.2 The Products are delivered by us to the address indicated by You when an Order is placed. You therefore agree to provide us with complete and accurate delivery address information as we cannot guarantee that we will be able to amend it after purchase. You are solely responsible for any error of delivery due to a lack of information or error on the delivery address while placing the order.

6.3 We may offer different delivery methods. You shall choose and validate the delivery method when finalizing your order.

6.4 Our carriers do not deliver on weekends and public holidays. Please note delivery of your order may take longer during sale or other busy periods. Our carriers will make every effort to deliver your order within the promised delivery time. Nevertheless, delays are sometimes inevitable. Please contact our customer service if You have not received your parcel within the promised delivery time. For Users who qualify as Consumers, unless otherwise expressly agreed and if a delivery is delayed for more than 30 working days, You shall be entitled to cancel your purchase.

6.5 Should your parcel be delivered to a specific delivery point, You agree to pick up said package within the time specified in the delivery notification. Packages shall normally be retrieved personally with valid identification and order number. If You do not collect your parcel in time, your order will be sent back to us and fully refunded. For Users who qualify as Professionals, We shall not be obliged to refund the return costs.

6.6 For Users who qualify as Consumers, risk and ownership shall be transferred to you once the products are in your possession. For Users who qualify as Professional, risk of accidental loss or damage to the Products is transferred to the Professional upon the release of the Products to the carrier.

6.7 Professionals shall be responsible for inspecting the delivery immediately upon receipt and shall notify us in writing within 48 hours of receipt of the Products of any claims for damages resulting from any defect in the Products, including, with limitation, claims related to shortages, damages, or quality, printing errors. Failure to provide written notice of damage, shortage, quality or printing errors, as set forth above, shall constitute a waiver of any claim You may have against the delivered Products as they shall be deemed accepted by You.

7. Returns of products, refunds, right of withdrawal and complaints

7.1. For Users who qualify as Professionals.

7.1.1 Professionals shall not have the right to withdraw from the contract.

7.1.2 Professionals shall be responsible for inspecting the delivery immediately upon receipt and shall notify us in writing within 48 hours of receipt of the Products of any claims for damages resulting from any defect in the Products, including, with limitation, claims related to shortages, damages, or quality, printing errors. Failure to provide written notice of damage, shortage, quality or printing errors, as set forth above, shall constitute a waiver of any claim You may have against the delivered Products as they shall be deemed accepted by You.

In case of shortage, damage or quality issue, You shall, after immediately contacting us, hold the rejected Products until receipt of our written instructions for the disposal or return of the rejected Products.

7.1.3 Professionals may not, except under provisions set in 7.1.2, cancel any order arising out of these Terms in whole or in part after the Order has been placed. The Professional hereby acknowledges that Pacsome AB shall be allowed to cancel, for any reasons and without liability, any approved orders before delivery.

We shall not be held liable by the Professionals for damages of any kind, whether direct or indirect, deriving from possible errors, of any type, in the printing of the file sent by the Professionals, except in the case of wilful misconduct or gross negligence.

7.1.4. However, if you’re unhappy with your order and feel like we didn’t do a great job, please contact us and we’ll do our best to rectify the situation. Should we, in our sole discretion, decide to replace any Products or to refund or credit to you any amounts paid for an Order, that replacement, refund, or credit shall constitute our entire, sole and exclusive liability, and your sole and exclusive remedy, with respect to that order.

If We agree to refund any amounts to You, then You hereby understand and agree that such refund shall be refunded by means of how the original payment by You was made. In case of orders placed by You using a line of credit, any refunds will first be settled against any outstanding credit and then, with respect to any remainder that is due and owing to You, such remaining amount shall be refunded by means of how the original payment was made.

7.1.5 Please note that there shall have no warranty for design errors committed by You during the product creation, including but not limited to, any spelling errors, punctuation or syntax.

 

7.2. For Users who qualify as Consumers

7.2.1 For Orders made following custom specifications, Consumers shall have no right of withdrawal.

7.2.2 For orders placed without custom specifications, Consumers shall have the right to withdraw from the contract, without penalties and without giving a reason, no later than fourteen (14) days after receiving the Products, or a third party other than the carrier and indicated by You acquires, physical possession of the Products.

To exercise your right of withdrawal, you must inform us of your decision with an unequivocal written statement within 14 days of receiving the Products to send to: Norra Kustbanegatan 15, 416 64, Gothenburg, Sweden.

This communication may be sent by post, or email to pacsome@inknart.se.

If You withdraw, we shall reimburse You all payments received from You, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than our standardised delivery method offered by us).

Refund shall be made without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to cancel or until we have received from you evidence that the product has been sent, whichever is the earliest. You must return the items you no longer want not later than 14 days from the day on which You contacted us. We will carry out such reimbursement using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise. You will bear the costs of returning the Products. We are permitted by law to reduce your refund to reflect any reduction in the value of the Products, if this has been caused by your handling, including any loss or damage that occurs during transit.

7.2.3 We do not offer returns. However, if you’re unhappy with your order and feel like we didn’t do a great job, please contact us and we’ll do our best to rectify the situation. Should we, in our sole discretion, decide to replace any Products or to refund or credit to you any amounts paid for an Order, that replacement, refund, or credit shall constitute our entire, sole and exclusive liability, and your sole and exclusive remedy, with respect to that order.

If We agree to refund any amounts to You, then You hereby understand and agree that such refund shall be refunded by means of how the original payment by You was made. In case of orders placed by You using a line of credit, any refunds will first be settled against any outstanding credit and then, with respect to any remainder that is due and owing to You, such remaining amount shall be refunded by means of how the original payment was made.

7.2.4 For Orders made by Consumers, we shall abide by all statutory guarantee regulations. You have therefore up to 3 years from the moment you receive your Products to claim your legal guarantee.  Please contact our customer service here.

7.2.5 Please note that there shall have no warranty for design errors committed by You during the product creation, including but not limited to, any spelling errors, punctuation or syntax.

8. Intellectual property rights

8.1 Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned and/or controlled by us or licensed to us. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

8.2 In addition, we are the producer and owner of all or part of the databases, their structure and their content. By accessing the Site, You acknowledges that the data comprising it is legally protected, and, that You are banned from extracting, reusing, storing, reproducing, representing or preserving, directly or indirectly, in any medium, by any method and in any format, all or partially qualitatively or quantitatively substantial, of the content of the databases featuring on the Site to which You have access, as well as repeatedly and systematically extracting or reusing qualitatively and quantitatively non-substantial parts if these operations manifestly exceed the conditions of normal use.

8.3 Uploading content. You hereby acknowledge to have obtained the authorization for the content and/or images to be printed on the Product and You acknowledge that we cannot be held liable, under any circumstances, responsible in relation to legal action and/or disputes which may arise and/or derive from unauthorized use of content and/or images by You. You therefore release, indemnify and hold us harmless from any liability towards third parties, including but not limited to for breach of intellectual property.

We reserve the right, at any time, and at our sole discretion to check the uploaded content by You and to stop any order which clearly breaches the intellectual property rights of third parties or which can be deemed unlawful, harmful, threatening, abusive, offensive, harassing, discriminatory, defamatory, vulgar, obscene, hateful, degrading or violate and/or encourage the violation of any applicable local, national or international law.

8.4. Reporting breaches of intellectual property rights. We respect third parties’ intellectual property. If you are a third party and believe that your rights have been infringed, please provide us with the following information:

  • for natural persons: their surname, forename, residence and telephone number;
  • for legal entities: their name, company name, address, telephone number and the identity of their legal representative; with evidence showing that such person can act on behalf of the owner of the IP;
  • a description of the content you believe has been infringed;
  • the reasons for which the illegal content, including the legal provisions and justification for the facts;
  • the date on which the illegal content was noticed;
  • a statement that the breach allegation is based on good faith;

9. Limitation of liability

9.1 The User agrees to indemnify and hold us, harmless from and against any claim or demand, including without limitation, reasonable lawyer’s fees and costs, made by any third party due to or arising out of the User’s content, use of or connection to the Site, violation of these Terms, or violation of any third-party rights.

9.2 For Users who qualify as Professionals, we shall not be liable for:

  • any losses that are not a direct consequence of the breach of these Terms by us;
  • any loss of business opportunities and any other loss, even indirect, that may be incurred by the Professional (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
  • damages or losses resulting from interruptions or malfunctions of the Site due to acts of force majeure, or at least to unforeseen and unforeseeable events and, in any case, independent of the will and extraneous to the Owner’s control, such as, by way of example but not limited to, failures or disruptions of telephone or electrical lines, the Internet and / or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the delivery of products, third-party services or applications; and
  • incorrect or unsuitable use of the Site by Users or third parties.
  • delivery or faulty Products if such claim is not submitted to us via the process set and described in these Terms;
  • losses, damages, costs or expenses (including loss of profits) resulting directly or indirectly from non-performance or delay in performing any obligations under these Terms due to any event or circumstances beyond our control, including (but not limited to), strikes, protests, power or equipment failures, government actions or force majeure.

The above liability limitations set in clause 9.2 do not apply for Users who qualify as Consumers.

10. Privacy Policy

10.1 We care about data privacy and security. Please check out our Privacy Policy to learn how which data we process and for what purposes.

11. Applicable law, jurisdiction and alternative dispute resolution

11.1 If You are a Consumer, the applicable law shall be the consumer law in force in Your place of residence or legal domicile.

11.2 If You are a Professional, these Terms are governed by and interpreted following the laws of Sweden, and the use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded.

11.3 All disputes regarding the interpretation and/or implementation of these Terms of Sale shall fall under the exclusive jurisdiction of:

  • the commercial court of Gothenburg, for purchases made by Users that are defined as Professionals, or
  • the court of the User’s place of residence or legal domicile, for purchases made by Users that can be defined as consumers.

11.4  Please always reach out to our Customer Service should You experience difficulties and/or have complaints. For Users who can be defined as Consumers, if We are not able to solve your complaint, You may also refer to the National Board for Consumer Disputes (here) or The EU Online Dispute Resolution platform.

12. Changes to the terms

12.1 We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Site after the date such revised Terms of Use are posted.

12.2. Orders placed before amendments to the Terms will be governed in accordance with the previous version of the Terms.

13. General provisions

13.1 The parties are not liable for any delay or non-performance if these are linked to an event outside either party’s control.

13.2 In the event that a provision of these Terms become invalid, unenforceable, obsolete, illegal or inapplicable due to a law, a regulation or following a court ruling, this shall not affect the validity, legality or applicability of the other provisions of these Terms and shall not absolve the User from performing his or her valid contractual obligations.

13.3 No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

13.4 In any case, none of the provisions of these Terms may be interpreted in a way that would limit the rights of the Consumers to comply with applicable mandatory international or local law.

14. Contact details

14.1 You can reach us at any time through our Customer Service department via the following addresses:

Pacsome AB

Norra Kustbanegatan 15

Gothenburg, Västra Götaland 416 64

Sweden

Phone: +46 (0) 317-88 31 70

info@pacsome.com

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