GENERAL TERMS AND CONDITIONS OF SALES AND DELIVERY FOR CUSTOMERS

  1. General Information

These terms of use constitute a legally binding agreement (the "Terms") between you and PH Print Ltd. and its affiliates ("Bloomprint," "we," "us" or "our") governing your use of our website, mobile applications and other services or content available through the foregoing (collectively, the "Services"). You also agree to and accept our Privacy Policy which describes how we use the information you provide and is incorporated into these Terms by reference.

Your contractual partner for all orders within the scope of this online offer is PH Print Ltd., Brivibas street 155, LV-1012, Riga, Latvia (listed in the Commercial Register of Latvia under number 40003703965), hereafter referred to as Bloomprint.

All deliveries from Bloomprint to the customer are carried out based on the general terms and conditions given below. These underlie all offers and agreements between Bloomprint and the customer and are accepted for the duration of the whole business relationship. Opposing or deviating conditions of the buyer are only binding if Bloomprint has agreed to them in writing.

We may revise these Terms from time to time and will always post the most current version on our website. At our discretion, we may also notify you of certain changes by sending you an email to the email address associated with your account. You are responsible for providing us with your current email address, which you may do when you create an account, and you may update it by modifying the information when logged in to your account. For existing users of the Services, any changes to these Terms will be effective thirty (30) calendar days following our posting of the changes on our Services. These changes will be effective immediately for new users of the Services. Continued use of the Services, including purchasing products from us, following such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

  1. Conclusion of the Contract

By filling in and sending the order form on the Internet, customer makes a binding offer for the conclusion of a contract of purchase. Before finally sending the order form, the customer has the opportunity to check that his/her details are right and if necessary to correct them on a summary page.

Then Bloomprint sends an order confirmation via e-mail to the customer and examines the offer regarding its legal and effective feasibility, in particular any possible infringement upon trademark rights of third parties. The order confirmation does not represent an acceptance of the offer but shall only acknowledge to the customer that their order was received by Bloomprint.

The contract only materializes when Bloomprint dispatches the product ordered to the customer and confirms the dispatch to the customer with a second e-mail (“Shipping Confirmation”). The details of the order can also be viewed online in the user profile under "Orders" on www.bloomprint.com

Bloomprint as platform provider cannot pre-examine all print designs created by customers for possible breaches. Bloomprint reserves the right to reject received orders within the legal period of acceptance if, during the ordering process, it becomes known or it is suspected that third-party rights or statutory regulations will be violated by a print design.

The conclusion of the contract shall depend on punctual and correct supply of the goods to Bloomprint. This shall not apply in the event of short-term disruption to deliveries or if Bloomprint can be held responsible for non-delivery. The customer immediately will be informed that the service is not available. If customer has already paid for the goods, this money will be reimbursed.

  1. Delivery / Shipment

In most cases, the order is shipped within (5) five working days from the date the customer receives confirmation of his/her order. Delivery dates and times are only binding if they are expressly confirmed as such by Bloomprint in writing.

Delivery shall be conducted by a shipment service provider chosen by Bloomprint. The customer has to pay standard shipping costs which may depend on order value, and where it is shipped to.

If in exceptional circumstances order can’t be shipped out within the period of five working days after conclusion of the contract, Bloomprint shall promptly inform the customer about it in writing. The customer is then entitled to a right of withdrawal, which they, in turn, shall exercise immediately in writing.

If customer has not received an order within 21 days since it was shipped out, he/she should contact Bloomprint via e-mail stating the order number.

  1. Prices

For customers ordering from EU states, the prices as given are the gross prices and include the statutory incidental taxes, in particular Value Added Tax (VAT). Postage and packing is charged separately and shown separately in the invoice.

For customers from outside the EU all stated prices are net prices. The shipping address is decisive. If, according to the statutory regulations, the goods are subject to sales taxes in the recipient country, then these shall be paid additionally upon receipt of the goods. Furthermore, the goods may be subject to import duties which the customer shall pay additionally upon receipt of the goods.

The customer has to pay shipping and handling, which may depend on order value and the delivery location.

Purchase price, along with shipping and handling charges are immediately payable, without deduction.

  1. Payment

The customer chooses the method of payment, which may be: credit card, advance payment, PayPal or direct transfer. Bloomprint reserves the right of restricting the number of payment methods that a customer can choose from.

Bloomprint is entitled to make use of the services of trustworthy third parties for the handling of the payment.

The customer agrees to electronic invoicing only. Invoices will be made available in PDF format and sent to the customer via email.

  1. Gift Certificates

Gift Certificates are available with nominal of 15 EUR, 25 EUR, 35 EUR and 50 EUR. Gift Certificates can be cleared only through www.bloomprint.com home page. Whole or unused part of nominal of Gift Certificate will not be paid back in money or exchanged to another Gift Certificate. Unused balance of Gift Certificate is stored in User's Account on www.bloomprint.com as a credit, which can be cleared only through home page and will not be exchanged for money.

If order's total amount is higher than available balance of Gift Certificates you would like to pay with, you have to choose extra payment method to cover the difference. Gift Certificate will not be restored in case it is lost, stolen or damaged. It is the responsibility of owner to keep its Gift Certificate safe and not to disclose unique code to other persons.

  1. Guarantee

Information, drawings, figures, technical data, specifications of weight, measurements and services, only are of an informational nature. No responsibility is accepted by Bloomprint for the correctness of this information. Regarding type and scope of delivery only the information shall be decisive which is contained in the order confirmation.

As far as there is a defect in the goods which falls under warranty, the customer shall be entitled in the context of statutory regulations to demand supplementary performance, withdraw from the contract or a reduction in purchase price.

In the case of return shipments due to defects Bloomprint will also pay for the cost of postage.

Data communication via the internet, considering the current state of the technology, cannot be guaranteed as being flawless and/or available at any time. Thus, Bloomprint shall not be liable for the continuous and uninterrupted availability of the online offer.

  1. Right of withdrawal for consumer

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.

To exercise the right of withdrawal, you must inform us (PH Print Ltd., Brivibas 155, LV-1012, Riga, Latvia, Phone +371 67132209, info@bloomprint.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, excluding the costs of delivery, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

  • To PH Print, Brivibas street 155, LV1012 Riga, Latvia, info@Bloomprint.com:
  • I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*), 
  • Number of order
  • Ordered on (*)/received on (*), 
  • Name of consumer(s), 
  • Address of consumer(s), 
  • Signature of consumer(s) (only if this form is notified on paper),
  • Date

(*) Delete as appropriate

Exceptions to the right to cancel

Revocation of this contract is not possible with regard to the delivery of goods that have not been pre-fabricated, and which have been either selected individually or that have been explicitly personalized by the customer to meet his personal preferences.

  1. Copyrights to Print Designs, Release from Liability

If the Customer provides his/her own motif or otherwise influences the product (personalization of text), the Customer assures Bloomprint that the text and motif are not subject to any rights held by third parties. In such case the cost of any breaches of copyright, personal rights or rights to the use of a name will be borne solely by the Customer. The Customer also assures Bloomprint that by personalizing the product he is also not breaching any other rights held by third parties.

The customer releases Bloomprint from all demands and claims which are made due to the infringement of such third-party rights, as far as the customer is responsible for the breach of duty. The customer shall reimburse Bloomprint for all defense costs and other damages resulting from any such action.

  1. Technical and Design Deviations

When fulfilling the contract, we expressly reserve the right to deviate from the descriptions and information in our brochures, catalogues and other written and electronical documents with respect to material, color, weight, measurements, design or other features, as far as these can be considered reasonable for the customer. Reasonable cause for change may result from fluctuations in trade and technical production processes.

  1. Data Protection

Bloomprint uses personal data of the customer for appropriate purposes and according to statutory regulations. The personal data given (i.e. name, e-mail address, mailing address, bank details) for ordering products are used by Bloomprint for fulfilment and handling of the contract. This data is treated confidentially by Bloomprint and is not given to any third parties who are not part of the ordering, delivery and payment procedures. The customer shall be entitled to access information on the personal data which Bloomprint has saved about them free of charge. Moreover, they are entitled to the correction of incorrect data, and the blocking and deletion of their personal data, insofar as there is no legal obligation to retain such data.

  1. Dispute resolution

The solution to all disputes that arise between PH Print and Users of www.bloomprint.com based on these Terms, will be resolved in both parties discussion. If disputes are not solved in discussion, those will be solved according to legislation of Republic of Latvia.

The European Commission also provides a platform for Online Dispute Resolution (OS) which can be accessed here. We are neither required nor prepared to participate in a dispute settlement procedure before a consumer arbitration panel.

  1. Place of Jurisdiction – Place of Fulfilment

Place of fulfilment for all services is the place of business of Bloomprint in Riga, Latvia.

According to these general terms and conditions the agreement is exclusively subject to the law of the Republic of Latvia.

If individual provisions of these general terms and conditions are ineffective or oppose the statutory regulations, the rest of the agreement remains unaffected.

 

Version 1/2019