 Terms of use Agrement
Please read carefully before using this website.
PrintClub.com reserves the right to update the terms of use at any time without any notice.Please ensure that you review these terms and conditions regulary as you will be demend to have accepted a variation if you continue to use the site after any variation has been posted.By using this website , you acknowledge and agree to comply with all of the terms and conditions hereof.
PrintClub Company and Customer , in consideration of the mutual covenants, agreements and provisions set forth herein and hereon, hereby agree that the purchase of PrintClub products shall be subject to and in accordance with the following terms and conditions:
Terms of Use
This website,as well as the rights to and use of the material contained herein is subject to protection in accordance with Norwegian law.
Ordres for Products
All Customer orders for Products shall be subject to these terms and conditions and, if applicable, an authorized quo-tation issued by PrintClub. Such order, if accepted by PrintClub, shall have significance as a reference document only. The parties hereby agree that these terms and conditions shall govern and control the relationship between PrintClub and the Customer and that the terms and conditions contained herein shall supersede the terms and conditions contained in a Customer-issued order. PrintClub reserves the right to refuse orders in its sole discretion, or to accept such orders on a separate contract form or to limit the types and amounts of Products ordered.
Prices
Prices for Products shall be the then current prices for such Products in effect at the time of PrintClub acceptance of an order or in accordance with an authorized and valid PrintClub quotation.
Prices are exclusive of all charges or levies of any nature including all federal, state, municipal or other govern-mental excise, sales, use, occupational or like taxes now in force or enacted in the future and, therefor, are subject to an increase in amount equal to any tax PrintClub may be required to collect or pay upon the sale or delivery of Products purchased. If a certificate of exemption or similar document is required in order to exempt the sale from sales or use tax liability, Customer will obtain and furnish evidence of such exemption at time of placement of order.
All prices are subject to adjustment on account of changes in specifications, quantities, shipment arrangements, and the like or the inclusion of terms and conditions which had not been part of any valid price quotation issued by PrintClub.
ATTENTION!
Customer should check the price list and service before placing an order.
Customer is responsible to pay local tax or Vat.
Payment Terms, Revocation of Credit
Unless otherwise specified by PrintClub in writing, payment is required before shipment- We accept all major Credit Cards and PayPal.
PrintClub's obligation to ship Products or otherwise perform here-under shall be subject to the then current credit terms and policies as established by PrintClub from time to time. Further, PrintClub reserves the right at any time when, in its opinion, Customer's financial condition or other circumstances warrants it, to revoke, alter or suspend any credit already ex-tended, or to require full or partial payments in advance of any shipment or other performance, or to otherwise defer or decline to make shipments under this Agreement and/or terminate this Agreement or any order accepted hereunder with-out liability to Customer.
Shipment
All Products furnished hereunder shall be shipped Free Carrier PrintClub warehouse, whereupon the risk of loss, title in and right of possession of the Products and responsibility for all transportation expenses shall pass to the Customer upon delivery to the carrier. Subject to PrintClub's right to stop shipment of Products already in transit, such carrier shall thereafter be deemed to be acting for Customer regardless of the carrier used or the freight terms.
Shipment will be made "best way," either prepaid or collect, as requested by Customer. If Customer requests prepaid shippment, actual charges incurred shall be billed and shall be due and payable to PrintClub in accordance with PrintClub’s regular payment terms. (PrintClub will not assume any liability in connection with such shipment nor constitute any carrier as its agent.)
All shipping dates quoted or otherwise agreed to by PrintClub are estimates only. PrintClub will use its best efforts to meet scheduled dates, but assumes no liability for failure to do so.
ATTENTION!
Customer should check the price list and service before placing an order.
Customer is responsible to pay local tax or Vat.
Force Majeure
PrintClub shall not be responsible for delays or non-performance directly or indirectly caused by governmental regulations or requirements, acts of God, unavailability of materials, work stoppages, slowdowns, boycotts or other causes beyond PrintClub's reasonable control. In the event of delay due to any such cause, time for delivery shall be extended for a period of time equal to the duration of the delay, and Customer shall not be entitled to refuse delivery or otherwise be relieved of any obligations here under.
Limited Warranty
PrintClub warrants that Products, upon delivery to Customer, will conform to PrintClub's specifications therefor and will be free from defects in workmanship and material. If, within one (1) year from the date of shipment of such Products, any such Products are shown to PrintClub's reasonable satisfaction not to be in conformance with this warranty, PrintClub, at its option, will repair or replace such Products or refund the purchase price. In no event shall Products be returned to PrintClub without PrintClub's prior written consent.
THE WARRANTIES SET FORTH IN THIS SECTION ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES WHETHER STATUTORY, EXPRESSED OR IMPLIED, AND THE WARRANTIES OF MERCHANTABILITY AND FIT-NESS FOR A PARTICULAR PURPOSE AND ALL OTHER WARRANTIES ARIS-ING FROM COURSE OF DEALING OR USAGE OF TRADE ARE HEREBY EXCLUDED. The remedies provided herein are Customer's sole and exclusive remedies for any failure by PrintClub to comply with its warranty obligations. Correction of the nonconformities in the manner and for the period of time provided herein shall constitute complete fulfillment of PrintClub's obligations regarding defective Products, whether the claims by the Customer are based in contract, in tort (including negligence) or otherwise.
Intellectual Property
1.PrintClub may discontinue, without liability, delivery of Products if, in PrintClub's opinion, their use would constitute patent, copyright, trademark or trade secret infringement. If the use of Products is the subject of a claim or likely to be, in PrintClub's opinion, the subject of a claim of infringement, PrintClub may, at PrintClub's option and expense:
• 1.Procure for Customer the right to use the Products previously delivered;
• 2.Replace such Products with equivalent noninfring Products;
• 3.Modify the Products so as to be noninfringing but equivalent; or
• 4.Refund the purchase price (less a reasonable allow-ance for use and depreciation).
2.PrintClub makes no warranty against patent, copyright, mask work, trademark or trade secret or other infringement by Products if designed to Customer's specifications or if used in combination with non-PrintClub supplied equipment or devices and if a claim, suit or action is based thereon, Customer shall defend, indemnify and save harmless PrintClub therefrom.
The names, images and logos identifying PrintClub or third parties and their products and services, are the proprietary marks of PrintClub, and/or may be the proprietary marks of third parties. Any use made of these marks may be an infringement of rights in those marks and PrintClub reserves all rights to enforce such rights that it might have.
Protection of Privacy
PrintClub understands the importance of security and is commited to protect your privacy. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. In particular, we use SSL (Secure Socket Layer) encryption technology to protect personal data such as credit card information and finance or insurance information during transmission, and maintain other commercially reasonable precautions to protect information that we store or retain.
Personal information you provide when you sign up,credit card or any other payment information will be encrypted forms on our secure servers-SSL technology.We will not sell,distribute or lease your personal information unless we have your permition or are required by law.We use your information only for internal purposes like confirming and tracking your order.We may use your personal information also for send you promotional information if you tell us that you wish that to happen.
Your registration information is accessible online only through the use of a password. To protect the confidentiality of personal information, you must keep your password confidential and not disclose it to any other person. You are responsible for all uses of the Website by any person using your password.
We restrict access to personal information about you to our employees and third parties who need to know that information in order to manage your account or provide you with services or information you requested. We review oursafeguards from time to time, and strive to maintain them in a manner consistent with applicable regulations, if any, that may be in effect from time to time.
Copyright Information
Use of PrintClub content, organization, design, graphics,logos, is for informational and non-comercial or personal use only. Customer may not modify, copy,display, perform, publish,transfer,post, transmit or distribute Online Materials in any way or for any other purpose unless he get PrintClub written permision.
In addition, Customer may not include a link to our website or display the content of our website surrounded or framed or otherwise surrounded by material not originating from us without PrintClub written consent.
Customer may not use PrintClub website for any other purpose that is unlawful or prohibited by these terms,conditions and notices.
All text and materials presented in this website are protected by copyright laws. All rights are reserved by PrintClub.
Security Statement
PrintClub.com is designed to accept orders only from Web browsers that permit communication trough SSL technology.
Limitation of Liability; Exclusive Remendy
PrintClub will not be liable to Customer under this Agreement, whether in contract, in tort (including negligence) under any warranty or otherwise for any special, indirect, incidental or consequential loss or damage, or loss of profits or revenues even if PrintClub has been advised of the possibilities of such damages. The remedies set forth in Sections 6 and 7 of this Agreement are exclusive and PrintClub's liability for damages to the Customer for any cause whatsoever, including performance or non-performance by PrintClub or Products provided hereunder, regardless of the form of the action, under any warranty or otherwise will be limited to the remedies provided there in.
Cansellation or Postponement by Customer
Orders accepted by PrintClub cannot be canceled or shipments post-poned except by written notice to PrintClub. In the event that Customer cancels or postpones an order(s) or any part there-of, PrintClub's standard cancellation or postponement charges will apply.
Default
1.Any of the following will constitute an act of default hereunder. Customer:
• Is or becomes insolvent or a party to any bankruptcy or receivership proceeding or any similar action affecting the financial condition or property of Customer and such proceeding has not been dissolved within 30 days;
• Makes a general assignment for the benefit of creditors; or
• Ceases doing business in the normal course.
2.In the event an act of default shall occur, PrintClub shall have the right to and may elect any or all of the following remedies which shall be cumulative and not exclusiv
• Declare the particular order out of which the de-fault arises to be immediately terminated;
• Declare, at its option, all charges incurred but unpaid relative to the order to be immediately due and payable;
• Exercise any or all remedies specified in this Agreement or any supplement associated herewith; and
• Pursue each and every remedy available at law or in equity.
Governing Law
This Agreement and any order accepted hereunder shall be governed by and interpreted, construed and enforced in accordance with the laws of the state of Norway.
Assignment
Customer shall not delegate any duties or assign any rights or claims under this Agreement without PrintClub's prior written consent, and any such attempted delegation or assignment shall be void.
Compliance with Laws
Customer, this Agreement and all Products purchased here-under are subject to all laws, regulations, orders or other restrictions that may now or hereafter be imposed by the government of the Norway or any agency thereof, including but not limited to all regulations relating to the sale, export, re-export or redistribution of equipment.
Indemnification
Customer, you agree that you will be responsible for any damages resulting from any violation of this Agreement. You further agree to indemnify and hold PrintClub.com and its affiliates, officers, directors, agents and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or any violation of any law or the rights of any third party that occurs in connection with your use of the www.printclub.com
General
1.If any of the provisions of this Agreement are invalid under any applicable statute or rule of law, such provisions are, to that extent, deemed omitted, but this Agreement and the remainder of its provisions shall otherwise remain in effect.
2.No provisions of this Agreement shall be deemed waived, amended or modified by either party, unless such waiver, amendment or modification is in writing and signed by the parties.
3.The waiver of one default under this Agreement shall not be deemed a waiver of subsequent or similar defaults.
4.Each order under this Agreement shall be treated as a separate contract and default by either party arising out of a particular order shall not constitute or be deemed to constitute a default of any other order or this Agreement itself. No lawsuit, regardless of form, arising out of this Agreement may be brought more than two years after the cause of action occurs.
THESE TERMS AND CONDITIONS SHALL SUPERSEDE AND TAKE PRECEDENCE OVER ALL PROPOSALS, CUSTOMER PURCHASE ORDERS OR ANY OTHER WRITTEN OR ORAL COMMUNICATIONS BETWEEN THE PARTIES. RECEIPT BY THE CUSTOMER OF PRODUCTS HEREUNDER SHALL BE DEEMED CONCLUSIVE EVIDENCE OF CUSTOMER'S AGREEMENT THAT THE PURCHASE, USE AND POSSESSION OF PRODUCTS IS GOVERNED EXCLUSIVELY BY THESE TERMS AND CONDITIONS.
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