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Terms and Conditions

Last updated: July 17th, 2019.



Piktology AG (Piktology, “us” or “we”) provides a photobook design and printing service (the “Services”) through the use of Piktology.com (the “website”). This Terms and Conditions Agreement ("Agreement") sets forth the legally binding terms for your use of the Services. By using the Services, you agree to be bound by this Agreement, whether you are a "Visitor" (someone who only browses the Website) or you are a "Member" (which means that you have registered an account with Piktology). The term "User" refers to a Visitor or a Member.

BY USING THE WEBSITE OR SERVICES, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS AS WELL AS THE Piktology PRIVACY POLICY, which are hereby incorporated by reference. If you do not wish to be bound by these terms and conditions and the privacy policy, you may not access or use this website and the services offered.


USE OF SERVICE



Eligibility

You may use the Service only if you can form a binding contract with Piktology, and are in compliance with this Agreement. To use the Service, you must be sixteen (16) years of age, or older.


Term

This Agreement shall remain in full force and effect while you use the Services or are a Member. You may delete your account and end your membership at any time, for any reason by contacting support@piktology.com. Piktology may also terminate your membership for any reason, at any time, effective upon sending notice to your then registered email address. You understand that termination of this Agreement and your account may involve deletion of your information from our databases. Piktology will not have any liability whatsoever to you for any termination of your Account or related deletion of your information. Even after termination, your obligations under this Agreement will remain in effect.


Your Account

When creating your account, you must provide complete and accurate information. You must keep your account password secure, we encourage the use of "strong" passwords that use a combination of upper and lower case letters, and numbers and symbols. You must notify us immediately of any breach of security or unauthorized use of your account. Piktology will not be liable for any losses caused by any unauthorized use of your account.


Communication

By providing Piktology your email address you consent to our using the email address to send you Service-related notices, including any notices required by law. We may also use your email address to send you other messages, such as updates and changes to the Service, modification of terms, and followups if there has been no activity on your account.


Fees & Prices

You acknowledge that Piktology reserves the right to charge for Services and to change our fees from time to time in its discretion, upon posting by Piktology on the Website. Upon using our Services, you will be responsible for the payment of any applicable fees as set forth on the Service. All orders are fulfilled based on the prices published on our site at the time the order was placed. You agree that we provide your invoice digitally or via email respectively. Checks or cash are currently not accepted. Failure to submit a valid payment will result in refusal to perform requested service.

Where mentioned, prices are quoted in local currencies and include the legally effective Value Added Tax. For all other countries, Value Added Tax is not included. If you order for shipment to any such address, you will be responsible for Value Added Tax and any applicable local customs and duties charges as Piktology has no control over such charges and cannot foresee the amount charged (if any). Since customs policies vary from country to country, you should contact the customs office in the country where you have us ship your order to get more information. You agree that you are the importer of record for goods and services you order and you shall comply with all laws and regulations of the destination country.


Order Cancellation Policy

Please carefully check your order before making payment. Once purchased, an order cannot be modified or cancelled as it is automatically sent to print. Please understand that Piktology cannot provide refunds or cancel orders except for the cases expressly described in this return policy.


Return Policy

Piktology guarantees that all product is produced professionally and with great care. In the event your book arrives damaged or with a manufacturing defect, please email support@Piktology.com within 14-days of receipt and we’ll work with you to make it right, or send out a replacement copy. Your email must contain photos of the defect along with photos of the original packaging your order was received in. Cash returns are not offered. We provide no warranty that the photobooks will not tear, fade or that they are water-resistant.

As these are custom printed books, except for the cases expressly described in this return policy, Piktology will not accept returns.


Disputes

You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Such notification shall be sent to the following address: Piktology AG, Schlierenstrasse 15, 8142 Uitikon-Waldegg, Switzerland, or to support@Piktology.com. If Piktology does not receive payment from your credit card issuer or bank, you agree to pay all amounts due upon demand by Piktology or its agents.


Production and Shipping Times

All current production and shipping times are noted on the website and in your shopping cart at purchase. While we do all we can to ensure an on-time delivery, as these are custom made products, all production and shipping times are estimates only and Piktology cannot guarantee that orders will be shipped or delivered on the date indicated.


Title And Risk Of Loss

All sales are made FOB shipping agent. Risk of loss and title for such products pass to you upon our delivery to the carrier.


Data Storage

We store a digital version of your photos to offer the Services to you, please refer to our Privacy Policy for more details. We recommend you keep backup copies of all your digital data. We decline liability for loss of your images or the digital version of your photobooks or pictures. Any claims for compensation of costs incurred in taking the photos or compensation of sentimental value are waived.


Data Protection

We care about the privacy of our Users and do not share or sell your data for marketing purposes. You understand that by using the Services you consent to the collection, use and disclosure of your data and aggregate data as set forth in our Privacy Policy https://www.Piktology.com/privacy


Copyright

You are solely responsible for the contents of data submitted to Piktology. You have to ensure that you are entitled to all copyright, trademark or other rights for the images transferred to us. You alone will bear consequences stemming from a possible infringement of those rights. Should any third parties assert any claims against Piktology in connection with your order on the basis of an infringement of copyrights, trademarks or other rights, you will be liable to ward off these claims at your expense and to indemnify Piktology for any and all damages incurred.


Submission of content

You affirm you have the consent of each and every identifiable person in the User Content to use such person's name or photographs in use of the Service and Agreement, and each such person has released Piktology from any liability that may arise in relation to such use.
Piktology also reserves the right to reject Submissions which contain Prohibited Content. Prohibited content would include: (a) Submissions which could infringe copyrights or other intellectual property rights of any third party; (b) Any Submissions which are threatening, defamatory, obscene, pornographic or otherwise inappropriate or could give rise to any civil or criminal liability under applicable law; (c) Any Submissions which contain viruses, worms or harmful code; (d) Any Submission that promote any illegal or harmful activity. Determination as to where a Submission contains prohibited content is solely at Piktology's discretion.


Right of use

By submitting your data, you grant Piktology and its associates the right to copy, modify, transmit and use your data to provide you with your ordered Products and to provide the Service


Promotional Offers

From time to time, Piktology may offer special discounts as promotional offers. Each offer is subject to the offer details included in the offer and for the time period noted. If there are multiple offers valid at any given time, only one valid offer can be applied to a particular order and may not be combined with other offers in the same order. The discount codes must be applied on the site and at the time of check-out; they cannot be applied to orders that have been previously submitted. The offers have no cash value and hence are not redeemable for cash or refunds.


The Photobook Giveaway

• The giveaway is open to residents of Australia, Canada, Germany, Ireland, United Kingdom, United States and Switzerland. You must be 18 years or older to enter.
• Winners will be chosen at random, the award decision is final. Employees of Piktology AG and their associates are not eligible for entry.
• NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY IN ORDER TO ENTER THIS GIVEAWAY.
• The winner will receive a $150 (or equivalent in other currencies) Piktology digital Gift Card which will be sent by email.
• Piktology Gift Cards cannot be redeemed for cash or other alternatives and are only valid for use on www.piktology.com.
• Gift Card cannot be combined with other discounts and cannot be used against shipping costs.
• Only one entry will be accepted per person. Multiple entries from the same person will be disqualified.
• The closing date for this giveaway is July 28th, 2019 at 23:59 GMT. No further entries to the giveaway will be accepted after this.
• The rules of the giveaway and how to enter are as follows:
- Like or Follow Piktology
- Tag 2 friends who may be interested in making an album too.
• The winner will be notified on Facebook or Instagram within 14 days of the closing date. If the winner cannot be contacted or does not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.
• Piktology servers the right to cancel or amend the giveaway and its terms at any time.
• The giveaway and these terms and conditions will be governed by the laws of Switzerland and any disputes will be subject to the exclusive jurisdiction of the courts of in Zurich, Switzerland.
• The winner agrees to the use of their name and image in any publicity material, as well as their entry. Any personal data relating to the winner or any other entrants will be used solely in accordance with current Swiss data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.
• By entering this giveaway, an entrant is indicating his/her agreement to be bound by the above terms and conditions as well as Terms of Service at Piktology.
• This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram or any other Social Network.


Place of Jurisdiction

This Agreement shall be governed by the laws of the Switzerland without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You and Piktology agree to submit to the jurisdiction of, and agree that venue is proper in, the courts of Zurich, Switzerland. Should one or several provisions of these Terms and Conditions or parts of such provision be or become invalid or ineffective, this shall not affect the validity of the remaining provisions hereof. The invalid or ineffective shall be replaced by such valid provision which corresponds as far as possible to its intention.

Piktology AG
Schlierenstrasse 15
8142 Uitikon-Waldegg
Switzerland
Email: support@piktology.com

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