Printmotor offers online printing, payment handling and shipping handling services to its Users of the Service, to enable the User to establish and design one or more customized online shops facilitating the User's sale of products and/or services (a "Store" or "Stores"). The seller of the Product towards the consumer shall be Printmotor.
By at any time clicking "I AGREE" or such other button, link or click-through when creating an account for the Service (an "Account"), or by starting to use the Service or in any other way or manner providing your acceptance of the Terms you shall be deemed to have accepted to be bound by these Terms.
The User is solely responsible for maintaining the confidentiality and security of its Account, and for all activities that occur on or through its Account. The User agrees to immediately notify Printmotor of any security breach of its Account. User is solely responsible for ensuring that only authorized actions and activities occur on or through its Account and Printmotor shall not be responsible or carry any liability for any losses arising out of any unauthorized use of the User's Account.
The Account may only be connected to one Store.
Printmotor grants to the User a revocable (at Printmotor's sole discretion), non-exclusive, non-transferable, non-assignable, limited (in time and place) license to use the Service, and any other software required to use the Service provided by Printmotor, strictly in accordance with these Terms. Printmotor grants the User the right to install updates to the Service and as made available to the User by Printmotor from time to time. Use of the Service does not grant you any intellectual property rights in or to any information or content in the Service.
The User may not (i) assign, sub-license, make copies, give, sell, resell, loan, rent, offer, broadcast, send, distribute, transfer, communicate to the public, reproduce, modify, display or perform the Service or any rights acquired through the license herein, (ii) allow third parties to use the Service, or (iii) to remove, circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Service or any software code therein.
Printmotor reserves the rights to:
The User may or may later be able to include Third-Party Applications or services to the Store. The User agrees that Printmotor is not a publisher, provider, seller, distributor or marketer of such Third-Party Applications and that Printmotor has no liability or responsibility for any Third-Party Applications or their merchantability and that any use of Third-Party Applications is done solely in the User's own risk. The User agrees that it will not use any Third-Party Applications in a manner that would infringe or violate the rights of any other party and that Printmotor is not in any way responsible for any such use.
Once the User acquires a Third-Party Application from or via Printmotor, the User is entering into a binding agreement directly with the rights holder of that Third-Party Application (the "Publisher") governing the User's use of that Third-Party Application and Printmotor is not a party of such agreement. The User acknowledges that the Publisher is solely responsible for its Third-Party Application, the content therein, any warranties to the extent that such warranties have not been disclaimed, and any claims that the User or any other party may have relating to that Third-Party Application.
Furthermore, the User agrees not to include any harmful applications or code into the Store
The exact Fees of the Service are described in more detail in the Product set up and configuration process agreed by You before submitting any Product to the Store, any Fees charged to the User may be modified or increased by Printmotor at any time, however, only with the User's consent. In order to use the Service and submit a Product to the Store, the User must accept the Printmotor Fees and choose a payment type and provide the appropriate payment details as requested by Printmotor (collectively the "Payment Details"). The User hereby authorises Printmotor to charge the price of the Product (the "Price") from the consumer ordering the Product. Printmotor reserves the right not to ship and deliver any Product until it has received the full Price (as set by the User), after any third party payment organiser has deducted its fees, in its bank account. After receiving the payment of the Price from the consumer, Printmotor shall pay the commission, as agreed in the Product set up process, to the User.
These commission payments shall only take place once a calendar month (or less frequently in case the monthly commissions do not add up to 50 EUR), during the following calendar month, and Printmotor shall collect all commission within a calendar month to a one single payment. Minimum Commission payment from Printmotor to the User is 50 EUR (or equivalent value in the chosen currency), except in case the User has decided to terminate the Service. In such case Printmotor shall pay any accrued commissions to the User within sixty (60) days from the termination date of the Service. Any fees related to transferring the Commission payment(s) to the User are the sole responsibility of the User and such fees shall be deducted from each Commission payment.
By providing Printmotor with Payment Details, the User (i) represents that it is authorized to receive such a payment; and (ii) authorizes Printmotor to charge the Fees as agreed in the Product set up process from the consumer making the Purchase.
In case a customer of the Store chooses to return non-faulty item(s) they have ordered and that have been delivered to them, Printmotor will deduct the production price of these item(s) from the User’s next commission payment.
By setting up the Store and/or subscribing to Services, the User accepts that the consumer's Credit Card Information or other payment details may be stored with Printmotor and/or third party organiser of the payment for the purpose of processing and completing the payment of the Price.
When the User sets up the Store, the User must choose the currency of the Store (including the amount of the Fees and Price of the Products) from the list provided by Printmotor. The User may not change the currency after the initial setup of the Store. All Prices are payable in the chosen currency by the consumer in the payment method designated by Printmotor. Similarly all Fees payable by Printmotor to the User shall be payable in the chosen currency.
The User confirms that he/she is 18 years old or older (or above the legal age in the User's country of residence, if higher than 18) and that he/she has fully understood the risks and challenges connected with selling products and services online.
The User shall procure that its user identity and password is not disclosed to third parties and shall indemnify Printmotor for any damage caused to Printmotor or its subcontractors arising out of or in connection with any unauthorized use of the User Account.
The User undertakes to not use the Service or any Applications for other than the intended purpose or in breach of these Terms. The foregoing include an undertaking not to exploit, reproduce, copy, resell, claim association, duplicate, imitate the Service or any aspect of it. Furthermore, the User undertakes not to use the Service for any illegal, immoral or unauthorized purposes, in a manner that may disrepute Printmotor or create any bad will for the Service, or in ways that are in conflict with applicable laws of the country in which the User is active, and/or trades with as well as the laws of Finland.
The User may not use Printmotor's name and/or trademarks unless explicitly permitted by Printmotor in writing.
In the event the User breaches these Terms, Printmotor has the right to at any times cancel the User's Account and/or usage of the Service and delete any information associated to it and close down the Store. Further legal actions may be taken at the sole discretion of Printmotor.
The User is responsible to follow the guidance given by Printmotor during the upload process of the Content and the Content must adhere to the specifications given by Printmotor. The User shall indemnify Printmotor for any third party claims or Printmotor's own quality checks (including the consumer purchasing the product) alleging that the quality of product is not according to the specification requirements.
The User represents and warrants that it owns or has acquired all the necessary rights and/or third party consents and licenses (including but not limited to intellectual property rights) to freely use any and all content which the User provides to the Service at any time ("User Content"). The User accepts full responsibility for User Content that the User uploads or in other ways makes available via the Service.
The User accepts that User Content may be transferred unencrypted across various networks and be subject of any changes to conform to the Service's technical requirements and that Printmotor may review any content provided at any time, but has no obligation to review the Content. The User shall always remain liable for the User Content (its lawfulness and any and all rights to the Content being in effect). By uploading User Content via the Service, the User accepts that Printmotor may freely use the User Content, e.g. by altering, storing, printing, copying or making it available to the public or transferring the foregoing rights to Printmotor's partners. Printmotor has also the right to use User Content (and the name of the Store) for marketing purposes. The User hereby waives any and all rights to be compensated for such usage of User Content. Notwithstanding the above, Printmotor may not use the User Content for its commercial purposes (except for the limited right to use the User Content for marketing purposes) and all sales of the Product will only take place through the Store and at the agreed Price.
The User may not transfer any harmful code, malicious software or other content that can damage the Service, nor may the User publish any material that is deemed to damage the Printmotor brand (in Printmotor's discretion) or in any way imply association to Printmotor. The User also agrees not to submit or use any content that is unlawful, offensive, inaccurate, misleading, abusive, pornographic, harassing, libellous or otherwise inappropriate. Printmotor has the right to remove any User Content it deems, in its sole discretion, to be in breach of these Terms and this Clause.
If so agreed between the User and Printmotor, Printmotor shall be responsible for shipping the products from the Store to the purchaser. In case shipping and delivery has been agreed, the following provisions shall apply.
Printmotor shall use a third party service provider to ship and deliver the goods. Any time estimate or agreed delivery timeline is an estimate only and always subject to the service provider's completion of the shipping and delivery. Printmotor accepts no liability for the failure or delay of the delivery by the service provider, unless such non-delivery or delay is due to the fault of Printmotor. In case of delayed or non-delivery, the User shall be responsible to seek damages from the third party service provider, whose details Printmotor will disclose to the User upon written request. The goods will be shipped without any customs, import or other duties and/or taxes, except for the applicable VAT, and the User and its customers are solely liable for import tax or other customs duties.
Except for the limited licenses provided herein, nothing in these Terms assigns or transfers any intellectual property rights from one party to the other.
The Service, the Printmotor name and trademarks and all content provided by Printmotor on the website (including layout) and for the Service is protected by Finnish and international intellectual property law. Unless otherwise informed by Printmotor, all such material is either owned by or has been licensed by Printmotor. The User shall use all the above mentioned material only strictly in accordance with these Terms.
The User agrees to indemnify and hold Printmotor's affiliates, subsidiaries, partners, agents, officers, directors and employees harmless from any claim or demand, including reasonable attorneys' fees, resulting from or arising out of or in connection with (i) the User's breach, or alleged breach, of these Terms, (ii) the User's infringement or violation of any intellectual property rights, other rights or privacy of a third party, (iii) misuse of the Service by a third party where the misuse was made possible by the User's failure to take reasonable measures to protect the username and password against misuse, (iv)or the User's violation of any law or the rights of a third party.
In no case will Printmotor be liable for any indirect, incidental, punitive or consequential damages resulting from your use or inability to use the Service. Printmotor's liability is limited to damages incurred directly from Printmotor's breach of these Terms and for liability for death or personal injury caused by its gross negligence or intentional misconduct. Printmotor's liability shall in all cases be limited to the accrued Fees paid by the User to Printmotor in the preceding 12 months before the damage occurred.
The Service is provided on "AS IS" and "AS AVAILABLE" basis. Printmotor does not warrant that the Service will be uninterrupted or error-free. No warranty of any kind, either express or implied, including but not limited to warranties of title, non-infringement, merchantability, or fitness for a particular purpose, is made in relation to the availability, accuracy, reliability, information or content of the Service. You expressly agree and acknowledge that the use of the Service is at your sole risk and that you may be exposed to content from various sources. Furthermore, Printmotor does not warrant that Service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and Printmotor disclaims any liability relating thereto.
Furthermore, Printmotor assumes no responsibility or liability for Printmotor's breach of these Terms, in relation to:
For avoidance of doubt, Printmotor disclaims any liability in the abovementioned situations.
Any support issues will be handled over email and shall be sent to firstname.lastname@example.org. Printmotor offers no technical support for issues that are not directly related to the Service.
The User is required to enter a valid email address as well as any other information required for the signup process. By accepting these, the User confirms that all information that has been and will be provided to Printmotor is and will be true and correct and not misleading.
Any claims raised by the User with regards to these Terms or the Store must be sent to email@example.com.
The agreement constituted by these Terms is in force until further notice. The User may at any time terminate the agreement between the User and Printmotor agreed to in these Terms by terminating the account with immediate effect by informing Printmotor through the Service at firstname.lastname@example.org, Printmotor reserves the right to take appropriate measures to confirm the identity of the User in case of termination.
Printmotor reserves the right to, from time to time and in its sole discretion, amend the Terms. The User shall be informed of any material changes or updates that may impact the User prior to such changes or updates taking effect.
Printmotor reserves the right to change the prices for any part of the Service. No change will take place for transactions or activities that have already commenced prior to the date of price change.
Printmotor reserves the right to change, amend or suspend any part of the Service at any time.
The failure to enforce any provision or right of these Terms shall not affect any other aspect, right or provision defined by herein. Printmotor's failure to enforce any right or provision hereunder shall not constitute a waiver of such rights and provisions.
If the User is deemed to be a consumer and any part of these Terms is invalid or unenforceable against the User because of applicable mandatory consumer protection laws, then that portion shall be deemed invalid or unenforceable, as the case may be, and instead construed in a manner most consistent with applicable governing law.
These Terms shall be governed by the laws of Finland, without regard to its conflicts of law provisions. Any dispute, controversy or claim arising out of or in connection with the Service or these Terms or the breach, termination or invalidity thereof, shall be determined by Finnish courts.