Terms and Conditions

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Overview of the Terms and conditions

Polabora, and by extension Polabora.com, hereunder “the site”, is a division of BelgoBits BVBA, located at: Wiedauwkaai 132, 9000 GENT, BELGIUM, Vat Number: BE 0541.902.673 , RPR Gent, Bank Account: ING BE76 3631 2703 6795, Tel.: 0032479766946. Polabora is a division of BelgoBits specializing in the production, distribution, import/export and sale of photo’s, photobooks, posters, business cards, stickers, buttons, calendars and its derivate.

The terms and conditions apply to all deliveries and services of Polabora.com. The general terms mentioned on the site are the only terms and conditions that are applicable, except prior expressed ones and written exemptions.

All information on the Polabora website, including the order process and the resulting agreement, is provided in English. Whenever certain information is not clear, we encourage you to contact us on info at polabora.com to clarify and, if needed, make the necessary changes on our website.

Polabora reserves itself the right to change these terms and conditions unilatterely. The new terms and conditions are effective from the moment they have been communicated to the customer.

The customers of the site can be both consumers as professionals. Consumers use all products and services of the site for non-professional use. Professionals are any other persons.

By accessing and using the website, you explicitly agree to these terms and conditions.

Intellectual properties

The content of this site, including trademarks, logo’s, pictures, designs, data, product- or company names (except for the names "Polaroid", "Instagram", "Pinterest", "Google+" "Facebook", "Twitter", "Dropbox", "Flickr", "Paypal", "Visa", "Mastercard" and "American Express"), are protected by intellectual rights and belong to Belgobits BVBA. The license you have to use the website is strictly limited to what is necessary to benefit from the Services.

We are not affiliated, associated, authorized, endorsed by, or in any way officially connected with Polaroid, Instagram, Facebook, Pinterest, Google or its subsidiaries.

Limitation of liability

Polabora makes great efforts to ensure that the provided information on the website is complete, accurate, correct and up-to-date. Despite these efforts, inaccuracies can occur in the information provided. Polabora will do everything within its power to correct these inaccuracies as soon as possible.

However, Polabora cannot be held responsible for direct or indirect damage which occurs from the information provided on its site.

Please, if you do notice inaccuracies, please let us know at info at polabora.com or by using the contact form on our website.

Polabora can not, in any case, be held responsible for damages resulting from the use of the website or adjacent services such as the loss of profit or loss of data.

For any direct damage, Polabora’s responsibility is limited to the amount paid by the user for the service that caused the damage.

User Account

The order process of Polabora does not require the creation of a user account. However, personal details are needed to provide you with the ordered products and services and to keep you up to date on the progress of your order. You are required to provide accurate and precise information about the particular identity of the recipient of the order and delivery address as well as the email address where a confirmation email of the order can be sent.

You are responsible for the correctness of the data supplied. Polabora cannot be held responsible for incorrect data, which leads to products or services that can not be delivered. Polabora cannot be held liable for the costs that such errors provide and cannot be held liable for the reimbursement of the costs that result from these errors.

Privacy

The user data that you enter will only be used to provide you with the product and/or service that you ordered and for promotional purposes of Polabora or BelgoBits BVBA. The user can always unsubscribe on his/her request from this service by sending a mail to info at polabora.com. Your personal data will never be transmitted to third parties not related with Polabora or BelgoBits BVBA.

In accordance with the Belgian Law for the treatment of personal data of 08/12/1992, each user is entitled to a legal consult and adaptation of his/her personal data. Upon proving your identity by sending us (by mail to Belgobits BVBA, Wiedauwkaai 132, 9000 GENT, Belgium or by e-mail info at polabora.com ) a copy of your identity card, we can provide you free of charge with your personal data file. If necessary, you can also ask to correct data that are incorrect, incomplete or irrelevant.

We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.

Cookies/Analytics

‘Cookies’ are small pieces of information that a website sends to your computer’s hard drive while you are viewing a website.

The Polabora website makes use of cookies purely for the functionality of the website, and to improve user experience. We may collect technical data about the type of Internet browser and computer operating system that you use, and also which pages you visit and interact with. This information does not identify you as an individual and is used only for tracking site use so that we can improve your experience on the site. If you do not wish to use 'cookies' you may disable this option in your Internet browser settings. 'Cookies' can be removed from your computer.

Statistics are provided by services like Google Analytics to the Polabora team to improve the user experience, enhance the website and detect problems. More information on Google Analytics can be found here.

Cookies are also used by our payment provider to facilitate in the payment process. More information can be found here.

User conduct

By placing an order on the Polabora website, you are held responsible for all the images you download, upload or copy via the website www.polabora.com. This implies, in accordance with the law on protection of personal data or with any other applicable law, that you agree not to download or view via the website any photographic image in violation of copyright laws or any other intellectual property right. In addition, you cannot use the site for an unlawful purpose. Thus, it is forbidden to upload, post, order prints, email, transmit or communicate any unlawful content, in particular(but not exclusively) any image or photograph of a minor involved in sexual acts, or violating the privacy or publicity rights of others.

You will be held responsible for any loss or damage arising from any breach of this clause and compensate Polabora for all costs incurred by it (including lawyer's fees) in the case of such a violation.

Polabora reserves the right to take, without notice, any useful measure in the event of a breach of this clause or serious indications of such a violation, and do so without you being able to claim any form of compensation. Polabora may in this particular case block access, delete all images stored on their server, refuse to validate an order or terminate all or part of the services provided via Polabora’s website. Finally, Polabora may disclose your personal information as well as copies of photographs or images uploaded by you to the judicial and administrative authorities to meet any liability that would be required under legal request.

The user declares that they are the legal owner of all the images. The user may not record or transmit images and data which infringe the property rights of others.

The user may not record, upload, download or transmit files which contain viruses or programmes which destroy data. The user will be held responsible for the damage caused.

Order process

To order, the website will guide you systematically through the ordering process. During the ordering process, you can modify your order or correct your data at any time by simply going back to the previous steps.

Steps: Select a product, upload photos, select shipping, check overview, select payment method, make payment, a thank you screen will be presented.

Before finally confirming the order, a summary of all the details of the order will be displayed. Please check all details and make corrections if necessary.

You are required to provide accurate and precise information about the particular identity of the recipient of the order and delivery address, as well as the email address where a confirmation email of the order can be send to.

Once you have submitted an order, you may not cancel that order even if our acceptance or rejection of your offer is still pending. Polabora produces personal items and these are not subject to the cancellation right of 14 days after completing the order provided in the Belgian law.

Payment

The order must be paid in full upon confirmation of the order. All orders are payable in euro. The customer can pay by bank card. Payments by bank card are processed via a 3rd party provider (for instance Stripe).

The transmission of bank information from the servers of these third parties to the bank's server is executed via SSL encryption.You recognize a safe SSL-connection by the “lock” in the bottom status bar of your browser. The data provided (card number and expiration date) are thus encrypted. For security reasons, Polabora doesn’t collect or store any card information on its servers and the information sent to the 3rd party is destroyed as soon as the order processing has been completed. Therefore it will be necessary to re-enter card information for each new order.

We’ll consider the order to be effective when the bank card processing company confirmed the payment. In the event of denial by the processing company the order will be cancelled. The customer assures Polabora that he or she has the authorization for using the chosen payment method, when submitting the purchase order. Polabora reserves the right to suspend or cancel any order and/or delivery, of any type and at any status of execution, in the event of failure to pay any amount due by the customer, or in the event of a payment problem. The delivery of any new order may be suspended in the event of a late payment for a previous order, notwithstanding the present provisions.

Retention of the order

Your order and the information related to this order (except for your personal data) will be kept as long as the order is processed. A summary of the order and its contents will be send via email as order confirmation. You will receive updates on the status of your order at the e-mail address that you provided when placing the order.

The photos you upload to the site for placing an order will be retained for a period of 2 months for administrative purposes, after that period we delete them for our servers. We only use them for printing your order. If you want to re-print an order, please complete the order process again. Polabora.com will only retransfer photographs to customers after thorough proof of identity. However, each case will be reviewed seperately and when in doubt, Polabora retains the right to not transfer to photographs to the customer. Polabora cannot be held responsible if the other party willingly has forged his/her identity.

Cancellation of the order and/or the right of withdrawal

All Polabora products are made to the wishes and specifications of our customers. It is therefore not possible to cancel your order or use the right of withdrawal. However, should you be unsatisfied with your order, please read the information under "Product Returns".

Delivery

We ship to most countries in the world. Deliveries are made by the national postal service and third parties.

When your order cannot be delivered on time, we will contact and warn you before the end of the delivery timeframe. At that moment you can choose to accept the new delivery timeframe or ask for a full refund. In case of a refund, this will be paid within 30 days after this decision.

Polabora cannot be held responsible for delays or delivery problems due to the national postal service or a third party.

These delays cannot, therefore, and in any case, result in a form of compensation, refund or cancellation of an order.

What happens if the parcel containing your order is lost? If your order does not arrive within one month from the date Polabora first validates your order, you then have two weeks to inform Polabora by sending an e-mail to info@polabora.com or by using the contact form on our website. If your shipping address is valid, you can ask Polabora either to reprint and reship your photos at no extra cost, or refund the money you paid.

If, for circumstances beyond Polabora’s will, your order cannot be delivered to your delivery address or the postal service can only deliver your order in a minority of the cases, Polabora reserves the right to deny future orders to this address.

You are obliged to ensure proper reception of the order. This information includes the full and correct delivery address and the provision of a mailbox bearing the name of the recipient.

Force Majeure

Polabora will do everything possible to process your order. However, Polabora cannot be held responsible for failing in its contractual obligations due to circumstances beyond its control. The following non-limitative list contains examples of force majeure: telecommunications failures, Internet failures, mechanical failures, theft, fire, water damage, transport or supply failures, and industrial action.

Whenever possible, Polabora will inform its customers of the delay or cancellation of their order, for as far as the force majeure has not affected our digital data files.

You are not eligible for compensation if the damage was caused by force majeure.

In case Polabora depends on a third party or parties to process your order, the terms of Force Majeure also apply to the third party/parties involved.

Product Conservation

For long conservation, photographic products are best stored in a dark, humidity-controlled area. Exposure to UV-sources, heat (direct or indirect), liquids and humidity, will influence the longevity of photographic products. Damage can occur when friction occurs between photographic products and other materials. Polabora cannot be held responsible for the effects that one or more of the above elements has on its products.

Product Returns

We undertake to replace you for any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must notify us through info@polabora.com .

If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse you with a voucher for the amount initially debited for the purchase including packaging and postage charges.

If you are unhappy with any of our products for any other reason than the above mentioned, please inform us at info@polabora.com with a detailed explanation of your unhappiness. We will always do our best to find an appropriate solution.

Customer Support

If you have questions or complaints, please contact us by e-mail at info@polabora.com or via the contact form on our site. We will come back to you as soon as possible within 48h

Conformity and Warranty

We guarantee that our products are in accordance with your order and meet the normal expectations you may have, taking into account the specifications of the product. We also guarantee that our goods are in accordance with any applicable national and international law (such as CE conformity declaration).

As a consumer, you have a statutory 2-year warranty on goods purchased from us if this good is not in accordance with the placed order. During this period and within the legal limits, we provide for the free repair or replacement (by the same product or a product with similar specifications) of goods showing a defect covered by the statutory warranty, provided the defect has occurred under the conditions of normal use and in accordance with the provided user guidance.

To the extent of what is possible or reasonable we will try to replace the product. Only if replacement or repair is excessive or impossible, or impossible to deliver within a reasonable time, do you have the right to a discount.

During the first six months, you can in all cases call upon the legal warranty, since the fault/defect is considered to have been present at the time of delivery, unless we can prove otherwise. Afterwards you have to prove that the defects in the goods are not caused by abnormal use.

Copyright photos

Some of the images on the prints used on the site are used under the CCO license and are provided by unsplash.com and www.gratisography.com/ Some of the images on the prints used on the site are used under the Attribution 3.0 Unported license as provided by Daniel Zedda & Mark Sebastian.

Governing Law and Jurisdiction

These conditions are subject to Belgian law. Any dispute concerning the application of these conditions or on the use of the website is subject to the exclusive jurisdiction of the courts of Eastern Flanders.

When dealing with a extrajudicial settlement of a dispute the consumer ombudsman of the FOD Economie is competent to receive all requests concerning the extrajudicial settlement of the disputes. They will handle the complaint/dispute or forward it to a more qualified entity. You can can contact the Consumer Mediation Service at this link: http://www.consumentenombudsdienst.be/en

When there is a dispute which is transboundary, you can contact the Online Dispute Resolution platform of the European Union (link: http://ec.europa.eu/odr)

- Last changed on the 10th February 2016 -