Terms and Conditions

The detailed Terms and Conditions below govern the contractual relationships between users of the website https://print-jam.com/ (hereinafter referred to as the "Client"), and the Print-jam.com Provider (hereinafter referred to as the "Provider") and together hereinafter "the Parties".

These general terms and conditions express the entirety of the Parties' obligations. They constitute the unique foundation of the commercial relationship between the Parties, and, in this sense, the Client is deemed to accept them without reservation. These general terms and conditions of sale take precedence over any other document, and in particular over all general terms and conditions of purchase. They apply, without restriction or reservation, to all services provided by the Provider.

The Provider and the Client agree that these general terms and conditions exclusively govern their relationship. The Provider reserves the right to modify its general terms and conditions from time to time. They will be applicable as soon as they are posted online but cannot apply to contracts concluded previously. These general terms and conditions of sale are accessible to any Client directly on the site, to enable them to place an order.

1. SCOPE OF APPLICATION

These General Terms and Conditions of Sale apply to any sale made on the Site but also via API. The Client declares to adhere to them without reservation or restriction, and no sale can be made without the Client's acceptance of these General Terms and Conditions of Sale. It is also understood that the Provider cannot be bound by any declaration or mention not contained in the Site.

2. DEFINITIONS

Client: refers to individuals or professionals acquiring services or products from print-jam.com.
Printed Item(s): this notion includes all printed products and prints on any material or support as well as unfinished printing work.
Services: refers to all services we offer on the Site.
Site: refers to the website http://www.print-jam.com.
Provider: refers to the Print-jam.com Provider.
Specifications: refers to the technical and functional specifications concerning the Printed Items, as described on our Print-jam.com website.
Contract: refers to the contract concluded between the Client and the Provider to which these general terms and conditions apply, including all modifications that may be made thereto.

3. ORDERS

Any order placed on the Site implies acceptance of these Terms and Conditions.

Before validating their order, the Client has the duty to check all technical aspects of the order, including sharpness, fonts, typos, design, layout and other points related to preferences, tastes and personal choices. In this regard, the Client must take into account that the colors and rendering of a printed item will always be different from what is visible on screen. Prints made at different times (such as a reprint, for example) may also differ.

For the order to be validated, the Client must accept, by clicking at the indicated location on the Site, these general terms and conditions. Their acceptance will result in the sending of a confirmation email from the Provider, in accordance with the conditions described below.

Orders placed by the Client are irrevocable (unless otherwise indicated), the right of withdrawal provided for in Article L221-28 of the Consumer Code is not applicable on the Site.

Payment can be made by credit card, PayPal, or any other payment method offered.

4. ORDER CONFIRMATION

The Contract is final after confirmation of the order by email by the Provider.

The Provider will not be obliged to accept an order that has not been placed in accordance with the specifications and procedures indicated on the Site.

5. CANCELLATION

The Client may cancel their order by making a written request (possible by email) to the Provider (email or phone if provided) or to the Print Jam team at support@print-jam.com. The cancellation will only be taken into account after written confirmation by the Provider or by the Print Jam team.
Once the order has been confirmed in writing, the Client can no longer cancel their order.
In the event of order cancellation, the Client owes the Provider a sum of €50.00. If the costs actually incurred by the Provider before cancellation are greater than €50.00, the Client owes the actual amount of costs incurred by the Provider. These costs will be communicated to the Client before the latter definitively confirms the cancellation.

6. PRICES

Prices and rates are indicated on the Site platform.
If the Provider has committed to packaging, shipping or insuring the printed items without expressly agreeing on a price in writing, it is entitled to charge the Client the actual costs and/or the rates usually practiced by it.
Activities and work not mentioned in the quote and requested subsequently by the Client are not covered by the Contract and may be subject to a price supplement.
If, after the conclusion of the Contract, but before the complete execution of the order, prices or rates change due to an increase in costs, Print-Jam.com is authorized to adjust the agreed prices and rates.

7. SUPPLEMENTS

Any modifications made to the work will be considered as additional work which will result in an additional cost.
Supplements will be calculated fairly, independently and without discharge of the obligation to pay the principal amount. By modifications, we mean all work not included in the quote as well as the use of unforeseen materials (Customization, Number of copies, Multi-filament option).

8. PAYMENT

The Client can pay in advance or after receipt of the invoice via online payment options. The Provider may charge additional fees when the Client chooses to pay after receipt or when the payment option generates costs for the Provider. These fees will be specified when the Client chooses the payment method.
Payment of invoices by the Client must take place immediately following the order, unless otherwise agreed. The Client is in default by the simple expiration of this payment period; a summons and/or formal notice are not necessary.
All payments will be made without any deduction or compensation. The Client is not authorized to suspend their payment obligations.

9. DELIVERY

Delivery takes place on the day chosen by the Client on the platform after confirmation by email from the Provider, via appropriate transport in the name of the Provider. The Printed Items will be packaged according to professional standards. The transfer of risks occurs at the time when the Printed Items are handed over to the carrier chosen by the Client. Delays, damage or losses suffered by the order during transport do not engage the responsibility of the Provider, unless the Client has chosen the "Security" or "Guarantee" delivery mode and, in this case, only within the limits of the specific conditions attached to these delivery modes.
The delivery times indicated are approximate, there is no guaranteed deadline. The Provider is therefore only in default after having been put on notice by the Client and only if the Client has granted them a reasonable additional period to deliver the Printed Items. The starting point of the delivery period begins at the conclusion of the Contract or, if this is not the case at the conclusion of the Contract, from the moment when all the information necessary for the execution of the Contract has been communicated to the Provider.
The Client is required to accept the agreed Printed Items at the agreed place and date of delivery with the Provider. If, without any fault on the part of the Provider, delivery cannot take place at the agreed place and/or time, the Provider will present the Printed Items again free of charge. If delivery fails again, the Provider will then keep the Printed Items for a maximum of 30 days at the Client's expense and risk in their warehouse. If the Client does not collect the Printed Items after 30 days, the Provider will destroy or have the Printed Items destroyed. The costs of any new delivery during this period will be at the Client's expense.

10. CONTRACT EXECUTION

The Provider makes every effort to execute the Contract with care and appropriately.
The Provider reserves the right to assign all or part of the execution of the services to providers meeting the same quality requirements.
If the information necessary for the Provider to execute the Contract is not communicated, is incorrect or incomplete, or does not comply with the Specifications, or if the Client fails to fulfill their obligations in any way, the Provider has the right to suspend the execution of the Contract and to invoice the costs thus incurred in accordance with its usual rates.
If, after a written reminder from the Provider, the Client does not provide the necessary information or otherwise fails to fulfill their obligations, the Provider is entitled to terminate the Contract with immediate effect and without any obligation to pay any compensation.
If the execution of the Contract is delayed due to circumstances attributable to the Client, the latter must compensate the Provider for the damage resulting therefrom if the delay is attributable to them.
The Client only derives rights from the Contract against the Provider. They waive holding responsible the (legal) persons who are or have been involved in any way in the execution of the Contract or whose acts or omissions could otherwise engage the responsibility of the Provider due to a wrongful act or any legal basis whatsoever.

11. CLIENT OBLIGATIONS

In the context of their registration on the Site and/or an order, the Client undertakes to:

Validate and check all technical aspects of the order, including sharpness, fonts, typos, design, layout and other points related to preferences, tastes and personal choices.
Verify that the order, design or layout does not violate the intellectual property rights of others.
Guarantee the accuracy, completeness and reliability of the information provided by them, even if it comes from third parties.
Provide directly the final print file of the project. Errors, differences or malfunctions that occur during the (electronic) sending of the layout are exclusively at the client's risk.
In the event that the Client decides to make modifications, additional costs may be imposed.
Carefully check the Printed Items upon delivery and immediately contact the Provider if the Printed Item is not compliant.
Ensure with the greatest care the lawfulness, respect for public order and good morals as well as the most perfect dignity and respect for the person of the printed texts and photos.

The Client is thus guarantor and responsible towards the Provider for any dispute, claim, action, recourse of a third party based on the fact that an element provided by the Client would infringe their rights or applicable legislation. The Client undertakes to guarantee and indemnify the Provider for all direct and indirect costs and damages, as well as all convictions that the Provider might suffer due to an action brought by a third party against them resulting from the content provided by the Client.

12. PROVIDER OBLIGATIONS

The Provider undertakes to:

Make the Site available to the Client through which the Client can prepare, organize and settle their order.
Assist the Client, if necessary, to finalize their order.
Provide very high quality printing.
Perform automatic checking of print files after they are sent. This check is limited to verifying the file preparation Specifications. The Provider does not check for design, text or color errors or whether the resolution is sufficient.
The Provider undertakes to do everything possible to protect personal data and professional secrets.
The Provider is not responsible for damages due to the fact that the Client has provided Print-Jam.com with incorrect and/or incomplete data and information for the execution of the Contract.

13. INTELLECTUAL PROPERTY

When the Client uses the Site's services or places an order with the Provider, all intellectual property rights concerning the 3D model of the order remain unchanged. If the Provider performs finishing work related to the Printed Items, such as trimming or cutting of the Printed Items, all intellectual property rights also retain the same status attached to the license. By intellectual property rights, we mean all worldwide copyrights, related rights, moral and personality rights, trademark rights, design and model rights, database rights and patent rights based on ideas, drawings, communications, drawings, images, sketches, studies, analyses, materials, data, results, conclusions and all other objects and prints eligible for intellectual property.
When the Client places an order, they guarantee to the Provider that the design and layout of the printed items made by the Client do not infringe any third-party rights. The Client will indemnify the Provider for all damages and losses suffered by the Provider if the Printed Items infringe third-party rights. The Client will indemnify the Provider against any claim from a third party related to any infringement on the part of the Client.
Only in the case where the Client designs 'Projects' on the Provider's platform in collaboration with the Provider, all intellectual property rights arising therefrom are held exclusively by the Provider. In this case, Print-Jam.com is the complete and exclusive owner of these rights. Within the framework of this paragraph, 'Projects' are understood to mean: drawings, images, drawings, models, texts and text proposals provided by the Provider. Furthermore, all intellectual property rights also belong to the Provider in the case of co-creations created with the Client's contribution for the purpose, among others, of developing or improving the Provider's functionalities and tools and its platform.

14. RISK TRANSFER AND RESERVATION OF OWNERSHIP

The transfer of risks occurs at the time when the Provider offers Printed Items for delivery in accordance with the Contract and in accordance with Article 9, even if the Client does not accept it for any reason.
All Printed Items delivered by the Provider remain the property of the Provider until the Client has fulfilled all their obligations towards it.
Printed Items subject to the Provider's reservation of ownership must be kept separately and identified by the Client and cannot be (i) moved and/or (ii) destroyed by the Client without the prior written consent of the Provider.
If the Client does not fulfill their payment obligations towards the Provider or gives reasons to believe that they will not fulfill all or part of their payment obligations, the Client is required, at the first request of Print-Jam.com, to immediately return the Printed Items to Print-Jam.com at their own expense.

15. INSPECTION

The Client is required to inspect the Printed Items immediately upon delivery.
Claims concerning visible defects must be notified to the Provider in writing within eight (8) days following delivery, failing which any claim by the Client against the Provider is inadmissible. The claim must be brought to the attention of the Provider in writing or via the "Contact" button available on the platform.
The Client must take into account that the color of printed items after printing may differ from the colors of other printed products, the colors of design files, screen colors or files printed by themselves. Such a color difference does not entitle the Client to file a claim.
If, after delivery of the Printed Items, the Client notices a format difference, they may only make a claim if the deviation is greater than 5%. Quality deviations (to the touch) and dimension deviations are also considered authorized within reasonable limits.
Hidden defects must be notified by the Client to the Provider in writing no later than three (3) months after they were discovered or should reasonably have been discovered, failing which any claim by the Client against the Provider will be inadmissible. The claim must be brought to the attention of the Provider in writing or via the "Make a claim" button available on the platform.

16. LIABILITY

The Provider's liability can only be engaged in the event of proven fault or negligence and is limited to direct damages to the exclusion of all indirect damages of any nature whatsoever. The Provider is not liable for indirect damages, loss of earnings or loss of opportunity or expected benefits, or the financial consequences of actions that may be brought by third parties against the Client.
Any claim for damages must be made by the Client within ninety (90) days following the date of the event giving rise to the claim. Damages that have not been notified to the Provider within this period cannot give rise to compensation.
All claims by the Client are time-barred if they are not brought before the competent court within one (1) year after the Client became aware or should reasonably have become aware of the facts on which they base their claim.
The Client will indemnify the Provider against third-party claims related to the execution of the Contract and which are attributable to the Client.

17. FORCE MAJEURE

Any circumstance independent of the will of the parties, preventing the execution of their obligations, is considered as a cause of exemption from the parties' obligations and results in their suspension.
Force majeure is defined as any event or circumstance, unforeseeable at the conclusion of the Contract, which escapes, according to reasonable standards, the influence of the Party and as a result of which the execution of their obligations cannot reasonably be required, such as, but not limited to: strikes, malfunctions or defects of the internet, power outages, occupation of production sites or offices and force majeure cases of suppliers and/or subcontractors.
In the event of force majeure, the Parties are authorized, without judicial intervention, to suspend the execution of the Contract, without any responsibility towards the other party for any damage that would result therefrom, or if the force majeure case has a duration greater than six (6) months, the Contract may be terminated.
If Print-Jam.com has already fulfilled part of its obligations when force majeure occurs, or is only able to fulfill part of its obligations, it is authorized to separately invoice the part already executed or could be executed.

18. TERMINATION

Without prejudice to the rights and remedies to which Print-Jam.com may potentially be entitled under the Contract or the law, Print-Jam.com is authorized to terminate the agreement or part thereof with immediate effect by simple written notification to the Client, without any responsibility towards the Client, if:
- the Client does not fulfill an obligation under the Contract, or does not fulfill it on time or correctly, and does not remedy this failure within fourteen (14) days following written notification of the failure;
- the Client dies;
- there is a change of control on the Client side;
Obligations which, by their nature, are intended to continue even after the termination or dissolution of the Contract will continue to exist. In all the cases mentioned above, any claim of Print-Jam.com on the Client is immediately due and payable.

19. CONFIDENTIALITY

The Parties undertake not to disclose the information they receive from each other, declaring themselves bound in this regard by the most absolute confidentiality.

20. DATA PROTECTION

Print-Jam.com protects the personal data it processes in accordance with privacy laws and the General Data Protection Regulation (GDPR).

21. APPLICABLE LAW AND COMPETENT JURISDICTION

These general terms and conditions are subject to the application of French law.
The applicability of the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (Vienna Sales Convention) is expressly excluded by the parties.
The parties undertake to seek an amicable solution to any dispute that may arise from the performance of the Contract. If they do not succeed, disputes will be submitted to the exclusive jurisdiction of the Paris Commercial Court.

22. PRINTERS AND PRODUCTION PARTNERS

Printing subcontracting: The Provider reserves the right to subcontract part or all of the printing services to printers or third-party partners. In this case, the Provider guarantees that these partners will respect the same quality and service standards as those specified in these Terms and Conditions.
Choice of printers: The Provider selects its printers based on strict criteria of quality, respect for deadlines and compliance with current standards. However, the Provider cannot be held responsible for errors or delays caused by partner printers, unless these errors are due to direct negligence on the part of the Provider.
Communication with printers: The Client accepts that certain information related to the order may be transmitted to printers or third-party providers to ensure the proper execution of the services. The Provider undertakes to respect the confidentiality of this information in accordance with its privacy policy.
Returns and claims: If the Client notices a problem related to printing (quality error, printing defect, etc.), they must contact the Provider within the deadlines specified in the "Claims" section. The Provider will handle the claim with the printer or partner concerned.
Printer liability: Although the Provider strives to work with qualified and reliable printers, the Client acknowledges that the Provider cannot be held responsible for failures or errors of a third-party printer, unless these failures are attributable to the Provider itself.