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General Terms and Conditions of Service and Use

Last update: May 01, 2021

The Piiics Application is developed and published by Photoweb, and its affiliated companies. Photoweb is a simplified joint-stock company whose registered office is ZAC Vence Ecoparc 1 rue des platanes, 38120 Saint-Egrève, France, to which it may be also referred to herein, under the following names or expressions “Photoweb”, “we”, “us”, or “our”). By accessing the site www.piiics.com (hereinafter referred to as the “Site”) and by using the Site and the services, including, without the list being exhaustive, our mobile applications (hereinafter referred to as the “Service” or the “Services”), you acknowledge that you have read and accepted all the terms and conditions of service and usage mentioned below (hereinafter referred to as the “Terms and Conditions”). If you do not agree to these Terms and Conditions, do not access the Site or use the Services.

If you have any questions, you can contact us by email at contact@piiics.com.

General Conditions of Service and Use

The purpose of these General Conditions is to define the terms of provision of the Services of the Piiics Application and the conditions of use of the Services by the User.
Any access and/or use of the Piiics Application, hereinafter referred to as “Piiics”, implies the acceptance and unconditional compliance with all the terms of these General Conditions. Photoweb reserves the right to change these terms and conditions at any time without notice.

Terms of Access to the Application

The User declares to be at least 18 years old. Piiics is accessible free of charge by download by any User of a Smartphone with internet access.
All costs related to accessing the Service, whether hardware, software or internet access costs, are the exclusive responsibility of the User. The User is the sole responsible for the proper functioning of his Smartphone, as well as their internet access.

Access to the Service requires the use of a username and password. The password, chosen by the User, is personal and confidential. The User agrees to keep this password secret and not to disclose it in any form whatsoever. The use of this username and password through the Internet is done at the risk and peril of the User. It is up to the User to take all the necessary measures to protect personal data against any attack.

Service Description

Piiics entitles you to print for free photos of your choice and 20-page softcover photo books.

The Service is offered free of charge within the following limits:
– Photo prints: format 10×15 cm and 10×10 cm.
– Photo Book: in a unique format 20×20 cm, with 20 pages, and a softcover.

It is however expressly specified that the shipping costs associated with the shipment of the products to the User’s home are the sole responsibility of the User.

In all other cases, that is in the addition of paid options, the Service becomes chargeable according to the fees specified to the User in the Application.

User Obligations

The Application, the Service and the Piiics products (hereinafter referred to as the “Products”) that Photoweb offers or makes available to the User are intended for the personal use of the User.
Consequently, the User agrees not to reproduce, duplicate, copy, sell or exploit in any way all or part of the Application, the Services or the Products without the express authorization of Photoweb or its affiliated companies, or use them for any commercial purpose whatsoever. The User acknowledges that any use of the Application or the Services other than that specified in these General Conditions is strictly prohibited.

When using the Services, the User may provide Piiics with images, photographs, texts or other content (collectively referred to as the “Content”).
The User is the sole responsible for the Content that they transmit, download, post, publish, display, (hereinafter referred to as the “transmission”) via the Application. In particular, the User agrees to ensure that this data is not likely to infringe the legitimate interests of third parties, whatever they may be. Consequently, the User agrees not to:
Transmit content (a) that is illegal, threatening, abusive, violent, defamatory, slanderous, vulgar, obscene, pornographic (involving minors and others), erotic, paedophile, denigrating, hateful or rude, discriminating against any group, either and in particular ethnic, racial or religious; (b) that violates any confidentiality agreement, or damaging to the privacy or security of any person; (c) of an advertising or promotional nature not expressly authorized by Photoweb and/or its affiliates; (d) that constitutes spam, pyramid schemes, contests, advertising sweepstakes or any other form of solicitation; or (e) containing images or portraits of minors without the permission of a parent or legal guardian;
Impersonate another User of the Services by using their email account, address or password or make false statements;
Violate any applicable local, national or international law, regulation or rule;
Transmit or make available any content over which the User does not have any rights or which would infringe the intellectual property rights of a third party.

The User guarantees Photoweb and its affiliated companies, their officers, employees, corporate officers or shareholders, against any recourse, based directly or indirectly on these elements, susceptible to be brought by anyone against Photoweb and its affiliated companies. The User agrees, in particular, to take charge of the payment of amounts, whatever they are, resulting from the recourse of a third party against Photoweb and its affiliated companies, including legal fees and court costs.
Photoweb and/or its affiliated companies reserve the right to remove all or part of the User Content at any time and for any reason whatsoever, without warning or prior justification. The User will not be able to assert any claim in this regard.

Intellectual Property

Any unauthorized reproduction of registered trademarks, logos and distinctive signs is an infringement liable to criminal penalties, exposing the offender to civil and criminal penalties.
The Application is the exclusive property of Photoweb and/or its affiliated companies. The access to the Application does not confer any intellectual property rights to the User over it.
Any use, reproduction, modification, download, distribution of the contents of the Application, except in the cases expressly authorized, is a violation of the intellectual property rights of Photoweb and/or its affiliated companies.

By using the Services, the User declares to be the owner or to have a license to use the Content that they make available on Piiics. The User authorizes Photoweb to use the Content made available in the context of the provision of the Services.

Hypertext Links

Piiics displays hypertext links to websites edited and/or managed by third parties.
Insofar as no control is exercised over these external resources, the User acknowledges that Photoweb, and its affiliated companies, assumes no responsibility relating to the provision of these resources, as well as to any damage or loss caused or assumed to have been caused by, or in connection with the use of these third-party sites. Photoweb, and its affiliated companies, cannot, thus, be held responsible for the content of those Sites.

Content Transmitted To or Through the Site and Services

Photoweb will use User Content to provide the Site and the Services to them. For example, it may be necessary to copy, display, change, transmit or distribute the User Content to ship the Products. The User grants Photoweb permission to do so free of charge since Photoweb uses the User Content to provide them with the Site and the Services. This permission is global and non-exclusive. Photoweb will store the User Content on its servers so that they are available to the User for later use. Thus, the User will be able, for example, to request reprints of previous orders or individual photos without having to download their Content again. This in no way affects the User right to terminate the use of our Services at any time. If that is the User will, Photoweb will remove the User Content in its entirety from its servers. Photoweb agrees that the use of this Content will be limited to the scope of the Services it provides. Photoweb agrees never to use this Content for commercial purposes, advertising or promotion of the Site and the Services to other people without the express written consent of the User.

Use and Hosting of the Content

The User acknowledges being informed by the Present Conditions and accepts that their Content is hosted by Photoweb and/or its affiliated companies, on servers located in the United States, and it is used for the sole purpose of supplying the Application. Photoweb and/or its affiliated companies reserve the right to disclose the User Content exclusively if required by law or a competent judicial authority, and strictly to comply with the requirements of legal proceedings.

Due to the evolving nature of the Application, Photoweb and/or its affiliated companies reserve the right to establish new limits or reservations on the use of the Services. Photoweb and/or its affiliated companies will not be held responsible for the deletion of data or other Content stored or transmitted by or on the Application.

Third-Party Services

The User has the option to allow several third-party online services, such as network or social media sites (Facebook, Dropbox, Instagram, Google Photos, etc.), to be directly linked to their Piiics Application. The User will thus be able to import their images to Piiics via these sites and benefit from the Services.

Orders

As an exception to the consumer’s right of withdrawal due to the highly personalised nature of the Products, all sales are final from the moment the payment is made by the User. Thus, no refund can be made by Photoweb.
The User acknowledges that it is up to them to carefully check all the steps before finalising the order. The User accepts that shipping and handling charges are applicable to them for all Products or Services, including those offered for free or for promotional purposes.
Photoweb reserves the right to change at any time, and without notice, the list of countries eligible for dispatch of Piiics orders.

List of countries eligible for shipment of Piiics orders, as of May 01, 2021:
Germany
Austria
Belgium
Ireland
Netherlands
United Kingdom
Malta
Latvia
Lithuania
Poland
Greece
Czech Republic
Slovakia
Sweden
Bulgaria
Cyprus
Denmark
Hungary
Luxembourg
Portugal
Slovenia
Croatia
Spain
Estonia
Finland
France (including DOM TOM)
Italy
Romania

Prices and Payment Methods

The prices are displayed in Euro, all taxes included (TTC), excluding participation in processing and shipping costs. Photoweb reserves the right to change the prices at any time, but the fees applied will be those in force on the day of the validation of the order. The Products and Services remain the property of Photoweb and/or its affiliated companies until the sale is final.
Insofar as all or part of the Services are made available to the User for a price, Photoweb places at the User disposal the payment of their purchases via bank cards. The User will update their account information as soon as possible in the event of any changes (change in their billing address or the expiration date of their bank card) that may occur. Any dispute over the price by the User must be brought to the attention of Photoweb within thirty (30) days from the date on which the invoice was sent to them.

Exclusion of Guarantee

The User acknowledges that the Application, Services and Products made available by Photoweb are provided as is, depending on their availability without any guarantee of any kind. Hereby, the User acknowledges that Photoweb does not guarantee, without this list being exhaustive: (a) the Application, the Services and the Products (in particular, their quality, availability, functioning and functionality), (b) the quality or the accuracy of the information obtained or made available by using the Site or the Services, (c) that the services will run uninterrupted, without errors, without viruses or other harmful components, or will work with any particular computer hardware, platform or software, and (d) conformity to a particular use.

Limitation of Liability

Photoweb implements all reasonable means at its disposal to ensure quality access to the service, without being able to guarantee it. Consequently, neither Photoweb nor its affiliated companies can be held responsible for network or server malfunctions or any other event beyond their control.

Photoweb and/or its affiliated companies reserve the right to interrupt, momentarily suspend or change without notice the access to all or part of the service, to ensure its maintenance, or for any other reason. These possible interruptions do not give any right to any obligation or compensation.
Within the largest limit acceptable by the applicable law, Photoweb and its affiliated companies cannot be held responsible for any damage and/or indirect, incidental, material or immaterial damage, or of any other nature whatsoever (including, without the list being exhaustive, lost profit or loss of opportunity or revenue, or loss of data or information). Photoweb and its affiliated companies cannot be held responsible for non-execution or delay in execution caused by an event of force majeure.

Photoweb strongly recommends the User to keep a copy of any content made available on Piiics.

Termination of an Account

The termination of an account can be done at any time, regardless of any fault of the User. In the event of a violation of these General Conditions, the User account will be terminated without notice and all the information, files and content on their account will be erased. Photoweb can in no way be held responsible for said terminations and deactivations.

Modification of General Conditions

Photoweb may be required to adapt or change these General Conditions at any time. All updates, new services or changes to existing Services are subject to these General Conditions. Any use of the Application subsequent to the changes made to the General Conditions constitutes acceptance of said changes. Therefore, it is strongly recommended to periodically consult these General Conditions. All prices and features of the Application, Services and Products are subject to change without notice.

Force Majeure

Neither Party may be held liable towards the other in the event of non-performance of their obligations under these General Conditions resulting from an event of force majeure. By express agreement, the following events are considered as force majeure or fortuitous, in addition to those usually retained by the jurisprudence of the competent Courts and Tribunals, without this list being restrictive: the failure of a public transportation service or telecommunications networks (internet, telephone, etc.), natural disasters, war, riot, civil unrest, intentional damage, national strike or the suppliers or subcontractors of Photoweb and its affiliated companies strike, compliance with any law or government order, rule, regulation or directive, any accident, plant or machine failure, fire, flood, storm.

Applicable Law and Jurisdiction

These General Conditions are subject to the French law and the application of the Vienna Convention on Contracts for the International Sale of Goods is expressly excluded. You, like us, agree to submit all disputes arising out of the business relationship existing between you and us to the non-exclusive jurisdiction of the English courts, which means that for the purposes of these Terms of Use, you may bring an action to assert your consumer rights in France or in the European Union country in which you reside.

Autonomy of Clauses

If any of the stipulations of these General Conditions was declared void following a court decision, or if they had to be modified following a decision of a national or community authority, the Parties will endeavour to adapt in good faith the conditions of execution or to jointly adopt the terms of an equivalent clause, considering that this nullity will not affect the other provisions of these General Conditions.

Data Privacy Protection and Cookies

The conditions of collection, use, processing and storage of personal data are detailed in the document entitled Confidentiality Agreement accessible on the stores, as well as on the Site, and which are incorporated into these General Conditions by reference. Please take the time to read the terms of this document carefully.

Independence of the Parties

It is expressly agreed between the Parties that these General Conditions do not imply any exclusivity between them, and preserve their independence, not generating any link of subordination, mandate, joint venture, partnership or agency between them. According to these General Conditions, Photoweb reserves the right to transfer or assign all or part of its rights and obligations without requiring the consent of the User. The transfer by the User of their rights, in regards to these General Conditions, is conditioned by an express written agreement of Photoweb.

© 2021 Photoweb

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