Hiraya Print - General Terms and Conditions
Please read our General Terms and Conditions carefully. These General Terms and Conditions govern your access, use and orders placed at www.hirayaprint.nl and its mobile sites (collectively, the "Site") as well as the provision and sale of products and services by Hiraya Print and/or its affiliates and/or fulfillment providers, as the context may require ("Hiraya Print", "we", "us" or "our").

Our Product-Specific Terms

Please read our additional Product-Specific Terms that shall apply to the products and services listed below ("Product-Specific Terms"). Where there is a difference between the General Terms and Conditions and these Product-Specific Terms, the Product-Specific Terms shall take precedence.

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1. Applicability
1.1 By accessing or using this Site and its related software tools, applications or any other Hiraya Print service, you agree to be bound by the terms of our Privacy and Cookie Policy, the Product-Specific Terms and the following General Terms and Conditions ("Hiraya Print Terms") and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Hiraya Print Terms.
1.2 Every offer of a Hiraya Print product and/or service on our Site as well as every transaction, order and agreement that is concluded through our Site is governed by our Hiraya Print Terms.
1.3 The applicability of any terms and conditions of the customer or any third-party on behalf of the customer is expressly dismissed and shall not apply, even if Hiraya Print has not specifically rejected them.
1.4 Hiraya Print reserves the right to make changes to this Site and to these Hiraya Print Terms at any time without prior notice. You should review these Hiraya Print Terms of Use each time you access this Site

2. Your Account
Before you can place an order online, you must have a Hiraya Print account which is created by completing the registration form on the Site. The customer will at all times be responsible for each and every use of the account. Hiraya Print has the right to refuse any request made by you and to close your Hiraya Print account immediately in the event of any breach of these Hiraya Print Terms.

3. Terms of Sale
All our offers and promotions are without any obligation and subject to availability and confirmation of the order. An agreement between you and Hiraya Print is subject to our acceptance of the order and will be formed when you receive the Order Confirmation by email.

4. Copyrighted Materials for Limited Use
4.1 This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, music, software tools, and other information (referred to herein as "Content"). This Site and all Content are the copyrighted property of Hiraya Print or the copyrighted property of parties from whom Hiraya Print has licensed such property. All rights in this Site and its Content are reserved worldwide.
4.2 It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Hiraya Print Terms.
4.3 Hiraya Print reserves the right to add, delete from, or modify any part of Content at any time without prior notice. Any modifications to Content, whether by You or Hiraya Print remain the property of Hiraya Print and its licensors.

5. Use of our Site and its Content
5.1 You are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating, and ordering products or services solely through Hiraya Print (referred to herein as "Products"). No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted. Obtaining Products from Hiraya Print does not entitle you to use any portion of Content apart from the finished Products as they are supplied by Hiraya Print.
5.2 You agree to use this Site in a responsible manner that is in full compliance with these Hiraya Print Terms and with your local laws and regulations, including export and import regulations.
5.3 Without limitation, no portion of Content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity.
5.4 You agree that you will not use the Site to produce Products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable.
5.5 Hiraya Print reserves the right, in Hiraya Print’s sole discretion, to refuse to accept any content provided by you to Hiraya Print or to process any order at any time and for any reason. Hiraya Print also may terminate its service to and/or the accounts of customers found to be using Hiraya Print to engage in undesirable activities or otherwise violating these Hiraya Print Terms. You agree that Hiraya Print shall have no liability of any kind to you or to any third-party arising from such refusal or termination.
5.6 By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize Hiraya Print to produce the Products on your behalf. You grant Hiraya Print the right to copy, modify, distribute, use, create derivative works of and vectorize any content you have uploaded for the purpose of fulfilling your order and/or marketing products or services to you. Moreover, you warrant that you have sufficient rights to permit Hiraya Print to copy, distribute, use, modify, create derivative works of and vectorize any uploaded content for the purpose of fulfilling your order and/or marketing products or services to you.
5.7 You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.

6. Transfer of Title
6.1 The customer agrees that the risk of loss and title for any printed Product pass to you upon our delivery to our carrier.
6.2 For any Product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to the customer or (b) at the time we transmit a notification to the customer that the Product is available for downloading from the Site.

7. Right of withdrawal
7.1 You have the statutory right of withdrawal (or cancellation right) that applies to consumers who enter into distance selling contracts, allowing the withdrawal from (or cancellation of) a contract within 14 days from receipt of their products without giving any reason or incurring any costs. The right of withdrawal also applies to digital products and services provided by Hiraya Print (“Digital Products”). If you select a product or service provided by our partners, different cancellation rights may apply. We recommend that you review their terms and conditions for more information about their cancellation policies.

• Business card holders
• Replacement ink pads

For these products and Digital Products, you can exercise your right of withdrawal as a consumer from the agreement we entered into within 14 days from receipt of your order or initial purchase of Digital Product without giving any reasons. If this period expires on a Saturday, Sunday or a public holiday, it is extended until the next business day. To exercise this right of withdrawal, please use the Contact-Us page or send us a letter, specifying your name, physical address, phone number, email address, order number and which products you wish to return or Digital Product to cancel:

Hiraya Print
Att: Customer Service
Nieuwstraat 1
3249 AS Herkingen
The Netherlands

We will contact you after we have received your request to determine if the right of withdrawal applies to you as a consumer and the involved products. We will also inform you how we wish you to return the products. Please note that you will be responsible for choosing the shipping method and carrier. All returns are at your ow risk and expenses. Once we have received the products undamaged and in their original packaging, Hiraya Print will refund without delay and no later than 30 days from the date on which this right was exercised, the paid purchase price of the returned products excluding the original delivery costs as well as the costs of returning the products.

8. Indemnification
You agree that you shall indemnify Hiraya Print and all parties from whom Hiraya Print has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Hiraya Print Terms; (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material that was not part of the standard Site Content and that you uploaded or otherwise provided to Hiraya Print or incorporated into Products; or (iii) any suit, claim, or demand arising from or related to products or services we offer that are provided by our partners. As to clause (ii), you agree that we have the right to control the defense of any such suit, claim or demand.

9. Disclaimer of Warranty
9.1 THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. WHILE WE MAKE REASONABLE EFFORTS TO ACCURATELY DISPLAY THE ATTRIBUTES OF PRODUCTS, WE DO NOT WARRANT THAT PRODUCT DESCRIPTIONS ARE ACCURATE, RELIABLE AND ERROR-FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
9.2. You acknowledge that there are risks in using the products or services provided by any of our partners through or in connection with Hiraya Print services, and that Hiraya Print cannot and does not guarantee any specific outcomes from such use or interactions, and you hereby assume all such risks, liabilities or harm of any kind arising in connection with or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by our partners, breach of warranty or contract, violation of rights, and any consequent claims.
9.3 Some jurisdictions may provide you with certain warranties or guarantees that cannot be excluded by contract ("consumer guarantees"), or only limited in certain circumstances, and nothing in these Hiraya Print Terms alter those consumer guarantees if it is illegal for Hiraya Print to do so. If those consumer guarantees apply to you, and Hiraya Print cannot legally exclude those consumer guarantees, then to the maximum extent permitted by law, Hiraya Print: (1) excludes or limits those consumer guarantees; and (2) limits its liability at the option of Hiraya Print to the following: (a) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again; (b) in the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or acquiring equivalent goods; or the payment of the cost of having the goods repaired.
9.4 If you request a refund, the time it takes for your refund to arrive may depend on your bank. In most cases, you should receive your refund within 30 days. Certain circumstances are beyond Hiraya Print's control. Please note that we cannot be responsible for: Spelling, punctuation or grammatical errors made by the customer, inferior quality or low-resolution of uploaded images, design errors introduced by the customer in the document creation process, errors in user-selected options such as choice of finish, quantity or product type, and damage to the products arising after delivery to the customer. Please preview your designs carefully and correct any mistakes prior to placing your order. Hiraya Print does not proof documents created by its customers prior to processing.

10. Limitation of Liability
IN NO EVENT SHALL HIRAYA PRINT OR ITS LICENSORS, SUPPLIERS, OR VENDORS, OR THE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY OF THEM, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT HIRAYA PRINT HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM HIRAYA PRINT, ITS AFFILIATES, OR PARTNERS, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL HIRAYA PRINT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THIS SITE OR ITS CONTENT OR OUR SUPPLIED PRODUCTS OR SERVICES, INCLUDING PRODUCTS OR SERVICES PROVIDED BY OUR PARTNERS. IF YOU LIVE IN A COUNTRY OR STATE THAT DOES NOT ALLOW ANY OF THE FOREGOING EXCLUSIONS OR LIMITATIONS OF LIABILITY OR ANY OF THE DISCLAIMERS OF WARRANTIES IN THE ABOVE SECTION, SUCH EXCLUSIONS OR LIMITATIONS WILL NOT APPLY TO YOU BUT ONLY TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE NOT ALLOWED. IN SUCH CASE, SUCH EXCLUSIONS OR LIMITATIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

11. Site Feedback
Any comments, suggestions, proposals or other feedback (collectively "Feedback Information") provided to Hiraya Print in connection with the operation or content of this Site shall be provided by the submitter and received by Hiraya Print on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of Hiraya Print.By submitting any such information to Hiraya Print, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that Hiraya Print shall be free to use such information on an unrestricted basis.

12. Privacy and our Use of Cookies
Hiraya Print has set out in its Privacy and Cookie Policy how we collect, use, disclose, store and protection the information that you submit to us during the use of our Site. This Privacy and Cookie Policy applies to every Site visit, every use of our services, and every transaction and agreement that is concluded through our Site.

13. Miscellaneous
You must be at least 18 years old or otherwise have parent or guardian permission to use this Site. By using this Site, you represent and warrant that you are at least 18 years old or have that permission. In the event any provision hereof is found to be unenforceable by a court of competent jurisdiction, that provision shall be deemed modified to the extent necessary to allow enforceability of the provision as so limited, or, if a deemed modification is not satisfactory in the judgment of that court, the unenforceable provision shall be deemed deleted, and the validity and enforceability of the remaining provisions shall not be affected thereby.

14. Governing Law, Jurisdiction and Dispute Resolution
14.1 The party you are contracting with and the seller of the products and services offered and sold on this Site is Hiraya Print, a company organized under the laws of the Netherlands with its headquarters in Herkingen, the Netherlands.
14.2 All issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of the United States of America. All other matters relating to your access to or use of this Site shall be governed by the laws of the Netherlands. You agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to any sale under these Hiraya Print Terms.
14.3 Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in Amsterdam, the Netherlands. You agree to submit to the jurisdiction of courts sitting in Amsterdam, the Netherlands and agree that venue in these courts is proper in any such legal action or proceeding. You also agree that you not assert, in any legal action or proceeding involving Hiraya Print, that a court sitting in Amsterdam, the Netherlands is an inconvenient forum for such legal action or proceeding.
14.4 Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties. When permitted by law Hiraya Print, and Hiraya Print's suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.
14.5 We recognize that in some countries, you might have legal rights as a consumer. If you are using the Services for a personal purpose, then nothing in these terms or any additional terms limits any consumer legal rights which may not be waived by contract.
14.6 The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be accessed here: http://ec.europa.eu/odr. We are not willing to enter into a dispute resolution proceeding before the SGC (the Dutch Foundation for Consumer Complaints Boards).