General Contract Terms and Conditions (T&C)

The following General Contract Terms and Conditions have been drawn up, and shall be agreed between you and us (we are Aradia Print.)

Summary

Our platform at www.aradiaprint.com allows you to take advantage of various services provided by us. These services are presented here in a short summary:

You can upload digital copies of works (e.g. photographs) onto our platform.
You can order prints of the uploaded works, also including wall mounts to be provided by us for your own use.
For reasons of clarity, these General Contract Terms and Conditions are divided into three parts: Part A concerns all general provisions and rules for use of our online service. Part B concerns the return policy. Part C contains general concluding provisions.

Part A
General provision

1. Who can register?

1.1. Registration is restricted to natural persons of full age and legal capacity, legal persons, or partnerships. In particular, minors are not permitted to register. We ask for your understanding in this matter.

1.2. We must ask that all information requested upon registration is entered completely and correctly, e.g. first name and surname, current address (not a post-office box), telephone number (no value-added service number), a valid e-mail address. We shall be entitled, though not obliged, to check the validity of all indications made.

1.3. Where registration is completed with respect to a legal person, registration may only be made by a natural person with necessary authority. This person must be named.

1.4. Should any or all of the information indicated at registration subsequently change, it shall be incumbent upon you to correct the information without delay.

1.5. On registration, a user name and password must be selected. The user name must not infringe the rights - in particular copyright or trademark rights - of third parties. Further, the username must not be misleading and must not be contrary to public policy or break the law. We shall be at liberty to define formal rules and restrictions for new user names and to reject existing user names - including with retrospective effect.

1.6. Passwords must be kept confidential and account access must be safeguarded. You shall be compelled to inform us without delay should any suspicion arise concerning misuse of the account by third parties.

2. How are our services provided?

2.1. Availability
We ask for your understanding that we are only able make the Aradia Print website and its functions available for use within the limits and scope of current technology.

2.2. Maintenance
For reasons of further development and security as well as in the interests of an error-free service, we shall undertake regular maintenance work on our system. To this end, and with due regard to your interests, we shall be entitled to temporarily interrupt or restrict the provision of our services. Insofar as possible, such maintenance work shall be carried out in times of minimal use. Should longer periods of interruption or restriction be necessary, we shall notify you of the type, extent, and duration of the impairment provided that this is possible in light of all the circumstances and that such notification does not prejudice or delay necessary repair to any existing interruption of service.

2.3. System interference and breakdown
You will be aware that according to the current state of technology it is not possible for works to be made available for viewing on the internet free of system interference and breakdown. We therefore accept no liability for non-accessibility of works on account of technical problems with communication networks, security breaches by third parties (e.g. denial of service attacks) or incomplete and/or dated offers on proxy servers (temporary caches), where such is beyond our control.

I. Services such as printing, framing and mounting etc.

This section concerns our services with regard to printing, framing and lamination of works carried out by us at your request.

1. What services do we provide?

Where requested through the input assistants on the AradiaPrint website, we provide the following services: On the basis of the digital submissions we prepare physical prints and copies, that is, the digital data are reproduced on to a material which may then be framed or laminated as desired, e.g. for your personal use.

2. Workflow, production clearance, termination

2.1. A contract of sale shall not be concluded until we send the ordered product to you. For the avoidance of doubt, the contract shall not include products included in the same order which were then later not included on the delivery papers. The costs of delivery shall be invoiced. The extent of delivery costs will be indicated on order. Should any taxes or excise duties be incurred in case of delivery to a country outside the EU, all such costs shall be borne by you.

2.2. All delivery deadlines indicated by us are non-binding. We shall be entitled to make partial deliveries.

3. What remuneration do we receive for our services?

The remuneration for our services as set down in Point I.1. of these General Contract Terms and Conditions is calculated with respect to the current price list available for viewing at www.aradiaprint.com as specified within the order process. We shall at all times be entitled to change the price list for future orders without prior notification.

4. How does the billing work?

4.1 The buyer pays the sale price by credit card, by debit, or by PayPal upon making the order (pre-payment).

4.2 In the case that the buyer's account does not contain sufficient funds or where the buyer opposes the debit charge being taken from his or her account without good reason, Aradia Print reserves the right to charge an administration fee of € 9.00.

4.3 Where the buyer defaults on payment, Aradia Print shall be entitled to charge default interest on all outstanding sums to the amount of 6% p.a. above the basic interest rate set down by the European Central Bank. Additionally, a charge of € 7.50 per reminder with exception of the first reminder shall be made. Where greater damage arising through the default can be proved, AradiaPrint shall be entitled to assert this against the defaulting buyer. In the above listed cases, it shall remain open to the buyer to prove that Aradia Print has occurred either no damage or else damage to a lesser extent than the above listed fixed sums.

5. Retention of title

Ownership of the works produced shall remain vested in Aradia Print until all payments are made in full.

6. Performance of contract and third party rights

We shall assume that you hold all necessary property rights with respect to your works free of all encumbrances from third parties. Point II.6. shall apply mutatis mutandis.

7. Duty to safeguard information

Before communication of your mandate to us, it shall be incumbent upon you to make a backup copy of all sent data contents. Should you fail to make such security backups and damage or loss is incurred within the scope of this mandate, we shall not be liable for any damage which could otherwise have been avoided, had a security backup copy been made.

8. What you should do, if you want to query our services.

8.1. Merchants and traders shall inspect the consignments without delay upon delivery within the proper course of business and shall make written notification to us of any defects without delay.

8.2. In all other cases, notification of all manifest defects must be made within one week. For the calculation of this time limit, the date of delivery and the date of receipt of notification of defect are decisive.

8.3. In case of any objection, all documentation with respect to the contract must be made available to us. Failure to do so may result in delay to the assessment and processing of the notification of defect.

8.4. Defects in part of the delivery do not justify objection to the entire delivery, save in the case that partial delivery is of no interest.

9. What guarantee applies to our services?

9.1. In case of defect, we shall be entitled, at our option and within a reasonable period, to make new delivery or to repair the defect. Should the attempt to deliver a new or to repair the defect be unsuccessful, you shall be entitled your option either to rescind the contract or to demand an appropriate reduction in price.

9.2. The dyes, chemicals and other materials used in our materials and manufacturing processes may, like other dyes, show trivial changes over time. These changes may be different from one production batch to another. Such discrepancies in product characteristics shall not form sufficient basis for defect.

Part B

1. Return policy

You can cancel your consumer contract within 14 days through a clear statement in writing (by e-mail). In order to observe the revocation period, you must give notice of revocation, or return the goods, within the revocation period. Please address notice of revocation to:

Aradia Print c/o Mark Smith
Apt 24E0, Palm Beach
Los Monteros
Marbella
Malaga
Spain
E-Mail: [email protected]

Please note that we have excluded the return policy for works from the Aradia Print photo laboratory as well as works with a freely selectable size (variable size) from the Aradia Print galleries. This is because these works are individually finished according to your preferences and are cut according to your needs.

1.2 Consequences of revocation

In the case of valid revocation, all considerations received by either party and, where applicable, any utilization (such as interest) shall be returned. If you are unable to return the goods provided in full or in part, or only in an impaired state, you may be required to provide compensation for the loss in value. This does not apply in case of goods provided if the deterioration of the goods is exclusively due to testing the goods, as could occur in a shop. You can avoid being held liable to provide compensation for lost value in case of orderly use of an item, by not using the item as if it were your own property and avoiding any actions that could impair the item's value. Goods that can be returned as packages must be returned at our risk. Please ensure the work is packaged appropriately and that it is will protected. Ideally, use the original packaging in which the item was delivered, including all protective material.
You are responsible for covering the regular cost of return postage if the goods delivered are as ordered and if the price of the goods to be returned is less than € 40, or in case of a higher price you have not provided consideration or a partial payment agreed under the terms of the contract. Obligations to refund payments must be fulfilled within 30 days. This period commences for you when you issue notice of revocation, or dispatch the goods, and for us on their receipt.
End of revocation instructions.

2. Agreement on liability for costs if revocation of consent is exercised

You are responsible for covering the regular cost of return postage if the goods delivered are as ordered and if the price of the goods to be returned is less than € 40, or in case of a higher price you have not provided consideration or a partial payment agreed under the terms of the contract.

3. Procedure if unavailable

In the unlikely event that the material needed for the production of your order is unavailable we will contact you immediately and, if possible, give an approximate delivery date.

Part C

General concluding provisions

1. What happens on breach or infringement of third party rights?

1.1. Should there exist concrete reasons to believe that you have contravened legal provisions, infringed third party rights or breached these General Contract Terms and Conditions, or should we have any other legitimate interest, in particular the protection of other users from deception or fraud, the following measures shall be open to us:

Deletion of offers or other contents
User caution
Limitation/restriction of use of the online service provided by Aradia Print
Temporary blockage
Definitive blockage

In the choice of measure applied, we shall take into account your legitimate interests wherever possible, in particular, whether concrete reasons exist to believe that the breach occurred without fault.

1.2. We shall be entitled to ban all further use of the AradiaPrint website (definitive blockage), where

you have entered incorrect contact details, in particular an incorrect or invalid e-mail address;
you cause considerable damage to us, in particular where our services are abused;
you breach these General Contract Terms and Conditions;
any other good reason exists.

1.3. Following definitive blockage, no return policy of access to our service shall exist. Any further use of the Aradia Print website, including through other member accounts, shall be prohibited. Re-registration is not allowed.

2. System integrity and disruption of the Aradia Print website

2.1 All use of mechanisms, software or other scripts capable of disrupting the function of the Aradia Print website when used in conjunction with this website shall be prohibited.

2.2 All use which may result in an unreasonable or excessive burden on Aradia Print infrastructure is prohibited. It shall be forbidden to block, overwrite or modify any contents generated by us, or otherwise cause disruption to the functioning of the Aradia Print website.

2.3 Contents held on the Aradia Print website may not be copied or disseminated, nor may they be used or reproduced in any other form, without prior consent from the right holder. This shall apply also with respect to copying by "Robot/Crawler" search engine technology or by other automatic mechanisms.

3. What is the extent of our liability?

3.1. Liability for damage resulting from defects in title and absence of warranty shall be unrestricted.

3.2. In all other cases, liability shall be unrestricted only with respect to damage caused through malice or gross negligence, including in respect of our legal representatives, managerial staff and vicarious agents.

3.3. With respect to damage arising though negligence, liability shall be accepted only insofar as a duty is breached, the adherence to which is of particular significance for the attainment of the purpose of contract (cardinal duty). Liability is restricted to double the value of contract and shall exist only with respect to typically foreseeable damage within the framework of the contract.

3.4. Liability for injury to life, body or health as well as liability under the Product Liability Act shall remain unaffected.

4. What is the place of jurisdiction for this contract and what law will be applied?

4.1. Where you are not permanently or habitually resident in Spain, these General Contract Terms and Conditions shall be governed by the substantive law of Spain.

5. What happens with my personal data?

All information can be found in our Privacy policy

6. For what term will the General Terms and Conditions apply?

The General Terms and Conditions shall apply for the entire term of the contractual relationship between you and Aradia Print. They will also apply for all future transactions and other business matters, without requiring a renewed confirmation in each individual case, until they are amended or the contractual relationship has been terminated by deleting the user’s data.

7. How can we amend the General Terms and Conditions?

We reserve the right to amend the General Terms and Conditions at any time without further explanation. In such case, we will explicitly notify you on our Webpage of the amended General Terms and Conditions.

Date: 11th July 2017