INTRODUCTION
Scope: These Terms and Conditions (“the Terms”) govern all use of the website: Custom Poster Club (“the Website”) and the services that are available on the Website. This Website is owned and operated by the Swedish company (Custom Poster Club) Pang and the Gang AB with company registration number: 559149-4264, Bråvallagatan 8, that is incorporated under the laws of Sweden (hereinafter referred to as “the Seller”, “we”, “us”, “our”). The consumer who purchases our products through our Website is hereinafter referred to as “the Customer” or “you”. The Customer and the Seller are herein after referred to individually as a “Party” and collectively as the “Parties”.
Service: We print customized posters that are tailor-made according to the Customer’s order (“Products”).
Acceptance: These Terms are accepted by the Customer in connection with each purchase of our Products that is made through the Website. By accepting these terms, you confirm that you have read the terms and that you agree to comply with them.
Age limit: The Customer must be at least 18 years old in order to place and order on the Website. You certify that you are at least 18 years old and that you able to enter into this legally binding agreement with us at the time of the purchase of the Products.
Processing of personal data: When you purchase Products through the Website, we need to Process your Personal Data in order to fulfill our obligations under the purchase agreement, for example to be able to deliver the Products to you and to offer you good service (legal basis for the processing of personal data: Contract). Your privacy is important to us and we Process Personal Data in accordance with the GDPR. By entering into an agreement with us or by contacting us, you confirm that you have understood and read the information that we provide in our Privacy Policy regarding our Processing of Personal Data (LINK), including our Cookie Policy (LINK). You also give us a general permission and consent to engage Sub-processors as described in our Privacy Policy.
DEFINITIONS
Website: customposter.club
User: A person that visits the Website.
Customer: a person that purchases a product through the Website.
GDPR: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).
All references to “Personal Data“, “Processing“, “Data Subject“, “Personal Data Breach“, “Sub-processor“, “Supervisory Authority” and any other capitalized terms not defined herein shall have the same meaning in this Privacy Policy as stated in article 4 of the GDPR.
SCC: Commission implementing decision (EU) 2021/914 of 4 June 2021 on standard contractual clauses for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council.
PRODUCT INFORMATION
Product information: The information about the Products, are published on the Website, on the product-page. If you have questions regarding the Products, you can contact us through the following mail: E-MAIL.
Images of the Products: We strive to provide accurate product images for each product, but color discrepancies may occur between images on the Website and the actual product. We cannot be held liable or responsible for any differences in color between the image and the actual product.
PURCHASE
Electronic communication: You agree that you may be contacted by us through the e-mail address that you have provided in connection to the purchase. We may send you the order confirmation, complaint form etc. through the e-mail address that you provide to us and we may also use the provided e-mail address for direct marketing purposes.
Binding Purchase Agreement: When you send an order by clicking on “BUY” at the checkout on the Website, you undertake an obligation to purchase the ordered Products. When we send you an order confirmation through e-mail, we have entered into a binding purchase agreement. If there are any Products on the same order that have not been confirmed in the confirmation e-mail, such Products do not form part of that purchase agreement and you may contact us to resolve the issue.
Cancellation: When we confirm the order, the process of creating your customized, unique and tailor-made Product automatically begins. It is therefore not possible to cancel or change the order after it is confirmed. We do not accept cancellation or change requests and by placing your order, you confirm that you accept these Terms. We cannot be held responsible for wrongly entered information in the design or the purchase of incorrect size.
Personal Data: You will have to provide us with certain Personal Data that belongs to you, in connection with the order placement. We need to Process your Personal Data that you provide, in order to handle the order and deliver the purchased Products to you. You are solely responsible for that the Personal Data you have provided to us is current, true, accurate and complete. We Process all Personal Data in accordance with the GDPR. More information about our Processing of Personal Data can be read in our Privacy Policy through the following link: LINK.
NO RIGHT OF WITHDRAWAL
No right of withdrawal: According to the provisions on distance selling in the applicable law of Sweden, consumers have a 14-day withdrawal period that applies to the purchase of goods online. However, this right of withdrawal does not apply to Products that are customized or manufactured on demand according to the consumers instructions or that have otherwise been given a clear personal touch. All Products that we sell through the Website are customized according to the Customer’s order, and therefore the right of withdrawal does not apply for any Products purchased through the Website.
No right of exchange: We do not accept returns or exchanges of Products, since all purchased Products are customized. The Customer is therefore not entitled to an open purchase or right of exchange.
PRICES
Prices: The applicable prices are stated on the Website. Prices include VAT within the European Union. Shipping fees are included, if not stated otherwise at the checkout, before the order is made. The total price for a placed order is shown at the checkout on the Website. The price stated in connection with the order is the price that applies to the purchase.
Discounts: Products that are on sale, cannot be purchased combined with other discount codes, offers or vouchers, unless otherwise specifically stated. Discounts cannot be redeemed for cash. The offers are valid for a limited time period and you may only use a discount offer once (1) per order and only during the validity of the discount. In order to receive the discount, the code must be entered at the checkout, before the completion of the order. It is not possible to add discounts after the order has been completed. We reserve the right to withdraw any promotions, campaigns or discounts that are offered, at any time.
Campaigns: A campaign is valid for as long as the stock is available or for the specific time specified in the special terms that may apply for the campaign in question.
PAYMENT
Payment method: Payment is made through the selected payment method at the checkout through the Website. If the selected method does not work at the time of the purchase, for whatever reason, we reserve the right to change the payment method or restrict the offered payment methods.
Credit check: We or our partners have the right to carry out a credit check of the Customer, if the Customer chooses invoice payment or any other form of non-direct payment method. The Customer will be informed, if such credit check is carried out. We have the right to amend or reject the Customers order, if the credit check shows a poor credit history.
The Customers warranties: The Customer warrant and certifies that the credit/debit card used to make the payment belongs to the Customer, or that the Customer has been given the permission from the owner to use it for the payment, and that there are sufficient funds to cover the complete payment of the purchase. We will immediately report fraud and crime to the police. We have the right to amend or reject the Customers order, if the Customer have not provided correct personal details or other incorrect information regarding the Customers order.
DELIVERY
Delivery method: The Customer must choose one of the available delivery methods the are listed on the Website.
Delivery address etc: The Customer is solely responsible for registering the precise and accurate name, delivery address, zip code/postcode, telephone number, e-mail address at the checkout page on the Website, which are necessary to ensure a successful Product delivery. The Products will be delivered to your shipping address by the postal service, but if that is not possible, the Products will be sent to the nearest collection point instead. We cannot be held responsible if your package does not reach you because you have entered the wrong address or misspelled the address or similar.
The estimated delivery time: We cannot guarantee delivery dates since unforeseen delays may occur that are beyond our control, therefore only average estimated delivery dates are provided. The estimated delivery time will be stated at checkout, on the product page on the Website or in the order confirmation. The delivery times are approximate and may vary but shall be made within thirty (30) working days. If you have not received the ordered Products within thirty (30) days, you may issue a complaint to us and you also have the right to cancel the purchase.
Custom duties etc.: The Customer is responsible for costs due to the purchase and delivery, such as for example custom duties, sales taxes, import duties, custom clearance, cross-boarders inspections and shipment fees/costs. We are not responsible for any such duties or costs related to the delivery of the Products to the Customer.
Transportation damages: If there are any visible damage to the goods, you shall report it directly to the shipping courier immediately after receiving the package/parcel/product. Any hidden damages that derive from transportation, must be reported to the shipping courier immediately when discovered.
Unredeemed packages: The Customer shall redeem the packages containing the purchased Products from the collection point within the time specified in the delivery notification sent by the delivery firm or postal service. We have the right to charge you 150 SEK in fees per unredeemed package and will re-send the package at the Customers expense, if the Customer wants it re-send.
Returned delivery of the Products: If the delivery of the Products is returned to us for any reason, it is the Customers sole responsibility to cover all cost involved with the return of the product to us and for all costs due to re-sending the Products to the Customer. We have the right to send an invoice to the Customer for such costs.
Errors: If there is something wrong with the delivery, you are welcome to contact our customer service at: hello@customposter.club.
COMPLAINTS
Consumers are entitled to a three-year claim period according to applicable Swedish consumer protection legislation. Any complaints regarding purchased Products must be made to us in writing by filling out our “Complaint Form”, as soon as possible after the defects has been discovered. The Complaint Form is available through this link: LINK. We follow the guidelines of The Swedish National Board for Consumer Disputes (www.arn.se) regarding handling of consumer complaints.
If a complaint has been approved, we will make a refund or send an equal product at the Customers request, if possible, within thirty (30) days. We reserve the right to deny a complaint, if it turns out that the product, in accordance with applicable Swedish consumer protection legislation, is not faulty. You can read more information about consumers right of complaint according to the Swedish consumer protection legislation on the following link: www.konsumentverket.se.
INTELLECTUAL PROPERTY
We, our licensors and its partners own the Website and all its material and content, which is protected by intellectual property law. You do not acquire any rights to our, our licensors and/or its partners intellectual property rights. You are not allowed to copy or use any trademarks, images, designs, graphics, layout, descriptions or other content from the Website, without our prior written approval.
Unauthorized use: It is not permitted to use our Products for any illegal or unauthorized purpose. The Customer is not allowed to violate any applicable laws in the Customers jurisdiction or Swedish jurisdiction when using the Website (including copyright laws). It is not permitted to re-sell any of the designs created on the Website for any profit or in commercial activities. The Products are for personal use only. Any use of the designs, Website or Products for other than personal use only is prohibited, without the prior written permission from us.
Viruses etc.: It is not permitted to attempt to “hack” the software, introduce viruses, trojan horses or other malicious or unwanted code.
Customers creation: The Customer is solely responsible for, and fully liable, for the design, text and other information that is created on the Website and ordered to be printed on the Products. If such design, text or other information that the Customer is fully responsible for infringes a third-party’s copyright or other intellectual property rights, we cannot be held liable for any damages whatsoever that are incurred by claims made against the Customer by the copyright holders, and the Customer shall bear all costs and damages that re incurred by claims made against us by the copyright holders.
EXTERNAL WEBSITES
The Website may contain external links to other websites of which we have no control over. External websites may also link to Website. We cannot be held responsible for any texts, images, material or other content included in such external websites and is not responsible for anything regarding such external websites. The Customer is solely responsible for disclosure of any information, including Personal Data, to such other external websites and to read the terms and conditions including privacy policy of such third party.
SUPPORT AND MAINTENANCE
We provide technical support for Website-specific questions regarding the functionality of the Website and is responsible for correcting reported errors or technical problems. Support may be contacted through email: hello@customposter.club.
The Website is constantly updated. There is no guarantee that the Website will be free from various disruptions or other technical complications. We shall, to the best of its ability and within a reasonable time, remedy any reported errors or defects on the Website.
The Customer is not entitled to deductions, refunds or other compensation or damages due to lack of access to the Website or to technical errors, other errors or other interruptions on the Website. The Seller cannot be held responsible for technical faults, viruses, Website availability, other faults, except for cases of gross negligence.
We strive for the Website to be available for use around the clock every day of the year. However, we have the right to temporarily suspend access to the Website for maintenance and service purposes, to protect the Website from unauthorized attacks or to take other measures that are required for technical, operational or safety reasons. We do not need to notify the Customer when such interruptions may occur. Lack of access to the Website due to interruptions, faults or similar does not entitle users or Customers to damages, repayments or other compensation.
DISCLAIMER
Information: There may be errors on the Website, for example incorrect prices, stock levels or other information that may be published on the Website, and we reserve the right to change the information, descriptions, prices and specifications for listed Products at any time and without prior notice, at the Sellers own discretion.
Website: The Website is provided “as is” without any guarantees of any kind. We do not guarantee that the Website will be error-free, fast, free from viruses or similar.
Images: All images that appear on the Website are for illustrative purposes only and does not constitute any guarantees of any kind.
Third party information: We are not responsible for any information that is available on the Website that comes from a third party.
Disclaimer: The Customer visits the Website and makes purchases at own risk and of free will. We hereby disclaim, to the fullest extent permissible under applicable law, all liability for all direct and indirect damages and/or losses incurred for the Customer or for any third parties, regardless of how the damage occurs. This does not affect a Customers statutory rights as a consumer.
FORCE MAJEURE
We shall not be liable to the Customer if performance of the contractual obligation is hindered by force majeure situations such as, but not limited to, acts of God, epidemics, pandemics, changes in government regulations, government decisions, cyber-attacks (hacking-attacks), data or telephone connection problems, strikes, fires, wars, mobilization, natural disasters or other communication problems or circumstances beyond our control.
CHANGES AND AMENDMENTS
Terms: We reserve the right to make changes and amendments to these Terms at any time, at the Sellers own discretion. The latest version of the Terms is always published on the Website through the following link: LINK. Any new versions of the Terms shall apply for purchases made after the updated Terms have been published on the Website.
Prices: We reserve the right to change the prices at any time, at our own discretion. New prices will be applicable for all purchases made after the updated prices have been published on the Website.
Service: We reserve the right to change the product range at any time, at our own discretion and to make other changes to its services. Such changes may include, for example, changes in the range of services provided, changes in the technical solution for the Website and/or the Websites’ design and layout. We also reserve the right to cease offering our services and the products.
The Customer is responsible for reviewing any modifications to the terms, fees, prices, charges or any other modifications. If the Customer use the Service after the updated version have been published on the Website, it constitutes that the Customer have accepted the modified changes.
INVALIDITY
Should any provision of these Terms or any part thereof be found to be invalid by competent court, authority or arbitral tribunal, all other provisions shall be valid and enforceable to the extent permitted by applicable law. The provisions declared invalid or unenforceable shall be replaced by for example relevant legal guidelines and advices.
APPLICABLE LAW AND DISPUTE RESOLUTION
Disputes between a Customer and the Seller shall primarily be resolved by an agreement after discussion with the Sellers customer service. If the dispute cannot be resolved in agreement with the Seller’s customer service, the Customer may contact the National Board for Consumer Disputes (Sw: Allmänna reklammationsnämnden, ARN), since the Seller is a Swedish company, or the European Consumer Centre in Sweden for advice.
The Customer may also file complaints directly online through the European Commission’s dispute resolution platform, which can be found at the following link http://ec.europa.eu/consumers/odr. If a Customer submits a complaint through this platform, the case will be automatically forwarded to the appropriate nationally responsible dispute resolution body. This dispute resolution body then contacts the Seller and Customer and tries to resolve the dispute without interfering with the court.
Disputes concerning the interpretation or application of these terms and conditions shall be made in accordance with applicable Swedish law and shall be settled in accordance with the clauses above or ultimately by a general court in Sweden, Stockholm (unless otherwise stated by mandatory law).
