Your words, our artwork
Personalised greeting cards and gifts to surprise your friends and family

1. General provisions

1.1. These Terms of Use (hereinafter referred to as the Terms) establish the procedure and conditions for use of the service, offered on the web site www.artiposti.eu (hereinafter referred to as the Web Site). The owner of the Web Site and the provider of the service, offered therein is codeAgency UAB, Registration No. 302552566, the registered address of the headquarters is M. Pretorijaus g. 7-6, Vilnius, Lithuania (hereinafter referred to as the SERVICE PROVIDER).

1.2. The business hours of the SERVICE PROVIDER: Monday through Friday, from 9.00 to 18.00. The SERVICE PROVIDER does not work on weekends and national holidays.

1.3. Each time when visiting the Web Site, the Visitor must get familiarized with these Terms and closely follow their updates.

1.4. When visiting the Web Site and using the service, the Visitor shall confirm that he/she accepts these Terms and commits to observe them without reservation. In case the Visitor does not accept these Terms, he/she shall not be granted the right to use the Web Site and the service and shall not use the Web Site and the service on it.

2. The Service, offered on the Web Site

2.1. The Visitor is offered the service, by using which the Visitor may, at its own discretion and with the help of the software, implemented on the Web Site, create and edit an individual product of the desired content and image and order the product to be made. The made product shall be delivered to the address, stated by the Visitor.

2.2. When creating and editing the product, the Visitor may, at its own discretion:

2.2.1. Use the graphical and/or audio assets, offered on the Web Site;

2.2.2. Use own graphical and/or audio assets;

2.2.3. Add and use own texts or text templates offered on the Web Site;

2.2.4. Attach web links to own product.

3. The procedure of using the offered service

3.1. The following persons have the right to use the Service, offered on the Web Site:

3.1.1. Capable natural persons, i.e. persons of legal age, whose abilities are not judicially limited;

3.1.2. Minors from fourteen to eighteen years of age, authorized by parents or guardians, except the cases where the person is entitled to use his/her income self-sufficiently;

3.1.3. Legal entities;

3.1.4. Persons, authorized by any of the above.

3.2. The made product, created and edited by the Visitor, may be purchased only by a registered Visitor, who has confirmed that he/she has read and accepted these Terms, by checking the corresponding checkbox during the registration on the Web Site.

3.3. As of the moment of provision of the order to make a product by the Visitor, it is held that a product manufacturing agreement (hereinafter referred to as the Agreement) has been concluded between the SERVICE PROVIDER and the Visitor according to the conditions, established in these Terms. Prior to concluding the Agreement, the Visitor, when using the offered service, must observe Paragraphs 1.3 and 1.4 of these Terms.

4. Obligations of the Visitor

4.1. Taking into consideration that the Visitor, when editing a product at its own discretion, has the possibility to use own graphical and/or audio assets and add own text and/or web links to the product, the Visitor shall, irrevocably and at his/her own risk, undertake to:

4.1.1. Not use any content (images, audio records, text and/or web links), the usage of which would violate copyrights or other intellectual property rights, held by any third parties;

4.1.2. Not use any content (images, audio records, text and/or web links), which may be found to be offensive, defamatory, obnoxious, smearing, insulting, abusive, indecent, obscene, pornographic, racist, discriminating, inducing illegal activities, violating a person’s privacy, etc..

4.2. All the liability and potential loss, which may result from the failure to observe the obligations, provided in Paragraph 4.1 of these Terms, shall be born by the Visitor. The Visitor confirms and agrees that the SERVICE PROVIDER has the discretion to decide whether the Visitor has duly observed the obligations under Paragraph 4.1.

4.3. After providing the order for a product, the Visitor shall, not later than within 24 hours, pay the SERVICE PROVIDER the price for the making and delivery of the product, stated in the order.

5. Agreement performance procedure

5.1. The SERVICE PROVIDER shall commence executing the order, provided by the Visitor, only after the receipt of the confirmation that the Visitor has paid the service price, stated in the order, over the Internet banking system.

5.2. After receiving the confirmation, the SERVICE PROVIDER shall execute the Visitor’s order (make the product) not later than within 2 business days as of the day of receipt of the payment by the Visitor. The Visitor’s order shall be executed in the automated manner, i.e. the SERVICE PROVIDER shall not, before the making of the product control the Visitor’s customized settings or observance of the undertaken liabilities.

5.3. The Visitor has been notified and agrees that the SERVICE PROVIDER may unilaterally cancel the Visitor’s order and terminate the Agreement in the following cases:

5.3.1. The SERVICE PROVIDER does not, within 4 business days, receive the conformation that the Visitor has paid the full price of the service, stated in the order, over the Internet banking system;

5.3.2. After the ordered product has been made, the SERVICE PROVIDER establishes that the Visitor has violated the obligations, provided in Paragraph 4.1 of these Terms;

5.3.3. The Visitor violates these Terms in any other manner.

5.4. After establishing the circumstances, stated in Paragraph 5.3 of these Terms, the SERVICE PROVIDER shall have the right to cancel the Visitor’s order and terminate the Agreement at any moment of execution of the Agreement. The SERVICE PROVIDER shall notify the Visitor on the termination of the Agreement by e-mail, stated by the Visitor.

5.5. The Visitor has been notified and agrees that in case the Visitor’s order is cancelled and the Agreement is terminated due to the violation of the obligations, stated in Paragraph 4.1 of these Terms by the Visitor, the SERVICE PROVIDER may, at its own discretion, notify the competent law enforcement institutions of the Republic of Lithuania on the possible violations of legal acts of the Republic of Lithuania.

5.6. After the Agreement is terminated according to the procedure, established in Paragraph 5.3 of these Terms due to the Visitor’s fault, the Visitor’s payment for the product, made by the SERVICE PROVIDER and for delivery of the product shall not be refunded. The Visitor confirms and agrees that its payment shall be considered the forfeit/fine for the failure to observe the obligations hereunder and be used for destruction of the actually made product.

5.7. In case the Visitor, after providing its offer, does not pay the full service price, the SERVICE PROVIDER shall notify the Visitor on the issue, stating that in case the Visitor does not pay the remaining part of the service price, stated in the order, within 2 business days, the Agreement shall be terminated and the Visitor’s order shall be cancelled. In that case the Visitor’s payment shall be refunded.

5.8. In case the Visitor’s payment is refunded for any reason, the costs, incurred by the SERVICE PROVIDER when performing the Internet bank transfers shall be deducted from the amount refunded.

6. Delivery of the product

6.1. The Visitor may select one of the several ways of delivery of the product, offered on the Web Site or arrive to collect the order at the address, notified by the SERVICE PROVIDER at the time, agreed with the SERVICE PROVIDER in advance.

6.2. In case of ordering more than 50 products, the Visitor’s order can be automatically labelled as a large volume order. In that case the Visitor may collect the executed large volume order only by arriving to the address, notified by the SERVICE PROVIDER at the time, agreed with the SERVICE PROVIDER in advance (except the cases when the SERVICE PROVIDER and the specific Visitor had made a written agreement on other conditions for delivery of the specific order).

6.3. After the Visitor selects the product delivery service, the SERVICE PROVIDER shall, not later than on the business day following the date of completion of the product, send the product in the manner, stated by the Visitor and to the address, notified by the Visitor.

6.4. The delivery of the made products shall be performed by the SERVICE PROVIDER’S couriers, chosen by the Visitor. After the SERVICE PROVIDER transfers the made product to the courier, chosen by the Visitor, such courier shall bear all the liability for delivery. The SERVICE PROVIDER shall not be liable for any delay of delivery, destruction or loss of the products and for any other damages, relating to the delivery.

6.5. In case the Visitor chooses the service of delivery of the order by registered mail, the SERVICE PROVIDER shall forward the registration number of the postal item and other data, by using which the Visitor may follow the status of the postal item, to the email address, notified by the Visitor.

7. Quality of the Product

7.1. Visitors are offered pre-designed and edited products, ready for making in the manner, ensuring the compliance of the used images and/or audio records with the highest criteria, set for the services, provided by the SERVICE PROVIDER. In addition, the Web Site offers additional high quality images and/or audio records, which can be used by the Visitor when editing the product. The SERVICE PROVIDER guarantees the quality of both the pre-designed products and the products, edited by Visitors, using the images and/or audio records, offered on the Web Site.

7.2. Visitors are offered to upload their own images and/or audio records. In order to reach the highest quality results, the graphical and/or audio assets, uploaded by the Visitor, must be compliant with the minimum quality requirements, stated on the Web Site. In case the Visitor disregards the recommendations, provided on the Web Site and, at its own risk, uploads images and/or audio records of a poorer quality, the product order shall still be accepted. However, the SERVICE PROVIDER shall not guarantee or accept responsibility for the quality of the products, for which the Visitor uses its own graphical and/or audio assets.

7.3. Visitors have the possibility to record audio of a desired content, which shall be embedded into the product, by calling the telephone number, provided on the Web Site. In order to ensure the appropriate quality of the audio record, the Visitor must observe all the requirements for recording audio, provided on the Web Site. In case the Visitor disregards the requirements, provided on the Web Site and, at its own risk, provides a low quality audio record, such record shall still be accepted and embedded into the product. However, the SERVICE PROVIDER shall not guarantee or accept responsibility for the quality of the products, using the audio, recorded without observance of the recommendations, stated on the Web Site.

7.4. In case provided by the product’s media format, the product shall have the brand plaque of the SERVICE PROVIDER with the SERVICE PROVIDER’S logo and the QR code, unique to each product, providing the special web link to the product. When editing the product, the Visitors may upload their web links, for example, to social profiles, web sites, videos, etc., to such mobile webpage for the product. The SERVICE PROVIDER shall not bear responsibility for the quality and/or content of the web links, uploaded by Visitors.

7.5. The software, implemented on the Web Site, provides the Visitor the possibility to see a sufficiently accurate and detailed image of the future product. However, due to the technical and production peculiarities, the texture and colour reproduction (gamut) of the made product may be insignificantly different. The SERVICE PROVIDER shall bear no liability for any possible insignificant differences of the image texture and/or colour reproduction (gamut). The Visitor has been notified and understands that such insignificant differences are not and may not be considered traits of low quality of the product.

7.6. Embedded audio module contains audio record Visitor selected or recorded into the product. Due to the peculiarities of the technical possibilities the quality of the audio, played by the module, embedded into the product, may be significantly different from the quality of audio, played by other devices. The Visitor has been notified and understands that such differences are not and may not be considered traits of low quality of the product.

8. Price of the service

8.1. The prices of products on the Web Site and in the Visitor’s order are stated in euro (in case the Visitor chooses another currency for payment, such currency shall be converted into euro according to the currency exchange rates, applied by the finance institution, chosen for executing the payment).

8.2. The payment intermediate, chosen by the Visitor, shall be liable for the security and execution of the payments, performed by the Visitor. The Visitor has been notified and confirms that the SERVICE PROVIDER shall not be liable for any loss, incurred by the Visitor, occurring due to the improper provision of the services/failure to provide the services by the payment intermediate, chosen by the Visitor.

8.3. The stated price of products includes all the taxes, due and payable in the Republic of Lithuania. All the other taxes due shall be additionally paid by the Visitor. The rates/tariffs for the corresponding services, applied by the finance institution, chosen by the Visitor and servicing the SERVICE PROVIDER shall be applicable to the payments/payment services. Such rates/tariffs shall be paid by the party, using the corresponding service.

8.4. The price of delivery of the Visitor’s order is not included into the price of the product. The price of delivery of the products, listed in the Visitor’s order, shall be stated separately.

9. Returning the products

9.1. Taking into consideration that the products are made solely against Visitors’ individual orders and according to templates of the desired product, edited by the Visitors themselves, the products, made in due quality, shall not be replaced or refunded.

9.2. In case the Visitor, due to any reasons, is not satisfied with the made product, the Visitor must contact the SERVICE PROVIDER by e-mail, stating the specific reasons and circumstances, due to which the Visitor is of the opinion that the product is of low quality, and providing the request to replace or refund the low-quality product. Referring to the circumstances, stated by the Visitor, the SERVICE PROVIDER may request the Visitor to send photographs of the delivered product or provide other important information.

9.3. The SERVICE PROVIDER shall investigate the request, provided by the Visitor, within 14 calendar days (the procedure usually takes one or two business days) and provide its reply to the Visitor.

9.4. In case the SERVICE PROVIDER agrees that the delivered product is of low quality, the Visitor shall immediately return the product to the SERVICE PROVIDER by registered mail. After receiving the returned low quality product the SERVICE PROVIDER shall, at the Visitor’s option, refund the Visitor’s payment or replace the product by another one of due quality. In that case the SERVICE PROVIDER shall indemnify the Visitor only for the postal expenses incurred, i.e. the expenses, incurred by the Visitor as the result of the SERVICE PROVIDER delivering the low quality products in any other manner, shall not be refunded.

9.5. In case the Visitor does not accept the SERVICE PROVIDER’S motivated refusal to refund the Visitor’s payment or replace the product, the Visitor shall have the right to apply to the State Non Food Products Inspectorate under the Ministry of Economy of the Republic of Lithuania according to the procedure, prescribed by the applicable laws.

10. Intellectual property protection

10.1. All the rights to the software, implemented on the Web Site, providing the Visitor the possibility to use the offered service, shall remain vested in the SERVICE PROVIDER. The Visitor may use the software only for creating and editing products for non-commercial purposes. Any other use of the software, not expressly stated on the Web Site, shall violate the rights of the SERVICE PROVIDER.

10.2. The Web Site provides the Visitors access to artworks, which can be used for creating and editing products. The SERVICE PROVIDER owns the copyrights to all the artworks, found on the Web Site, necessary for performing the Web Site activities. Any use of the artworks in the ways, other than that, expressly stated on the Web Site, may and/or shall violate the copyrights or other rights of the SERVICE PROVIDER and/or third parties.

10.3. After the Visitor purchases a product, the copyrights to the artworks, used in the product, shall not be transferred to the Visitor.

10.4. The Visitor may use the made product and the images and/or audio records, used therein, or any part thereof (except for the Visitor’s own images and/or audio records, uploaded by the Visitor) only for personal needs. Commercial publicizing, copying, dissemination of copies and/or any other use of the made product, not authorized by the SERVICE PROVIDER, shall violate the rights of the SERVICE PROVIDER. In case the Visitor is not certain whether the intended use of the product is not going to violate the rights of the SERVICE PROVIDER, the Visitor must apply directly to the SERVICE PROVIDER as regards the issue and may use the product in the intended way only upon receiving the consent from the SERVICE PROVIDER to do so.

10.5. After purchasing the product, no other rights to the intellectual property, owned by the SERVICE PROVIDER, i.e. trademarks, brands, patents, designs, etc. shall be transferred to the Visitor.

11. Protection of personal data

11.1. Before ordering the product, the Visitor must register on the Web Site. During the registration the Visitor must state his/her name, surname, e-mail address, the address for delivery of products and the contact telephone number.

11.2. By accepting these Terms the Visitor agrees that the SERVICE PROVIDER shall forward notices, necessary in order to execute the Visitor’s order, make payments and perform delivery of products, to the e-mail address, stated by the Visitor.

11.3. When registering on the Web Site, the Visitor may choose to receive notifications and offers. In case the Visitor does not wish to receive notifications and offers, the Visitor’s personal data shall not be used for marketing purposes and the Visitor shall not receive advertising materials or notifications, except those necessary in order to execute the orders, provided by the Visitor.

11.4. The SERVICE PROVIDER undertakes not to disclose the Visitor’s personal data to any third parties, except the couriers, hired by the SERVICE PROVIDER for the purpose of executing the Visitor’s orders. In all other cases the Visitor’s personal data may be disclosed to third parties only according to the procedure, prescribed by the laws of the Republic of Lithuania.

12. Liability

12.1. The Visitor shall be fully liable for its activities, performed by using the service, provided on the Web Site. When using the SERVICE PROVIDER’S service the Visitor shall, at all times, observe the laws of the Republic of Lithuania and these Terms.

12.2. Taking into consideration that the Visitor creates and edits the product at his/her own discretion, by using his/her own graphical and/or audio assets and add desired text and/or web links, selected by the Visitor him/herself, and that the SERVICE PROVIDER only provides the Visitor the possibility to create and edit a product of the desired content by him/herself and at his/her own discretion and makes the product against the order, provided by the Visitor and therefore the SERVICE PROVIDER does not have the possibility to verify whether the content of the product, ordered by the Visitor does not violate the laws of the Republic of Lithuania, the Visitor, who orders the corresponding product, shall undertake all amenability as regards any violation of the laws of the Republic of Lithuania by the content of the product.

12.3. In case the Visitor violates the provisions on intellectual property protection, provided in Article 10 of these Terms, which results in both direct and indirect loss for the SERVICE PROVIDER, the Visitor shall be liable to the SERVICE PROVIDER according to the procedure, prescribed by the laws of the Republic of Lithuania.

12.4. The Visitor shall be fully liable for the accuracy of data, provided in the registration form. In case, when filling the registration form, the Visitor provides inaccurate data, the SERVICE PROVIDER shall not be liable for any consequences and shall have the right to request the Visitor to cover all the direct and indirect losses incurred.

12.5. In case the Visitor transfers his/her registration data to any third persons, the Visitor shall become solely responsible for protection of his/her personal data.

12.6. The SERVICE PROVIDER shall be released from any liability in all cases, when loss occurs due to the Visitor’s failure to observe its obligations and get familiarized with these Terms and/or observe other recommendations and/or instructions, provided on the Web Site.

13. Final provisions

13.1. The SERVICE PROVIDER shall have the right, at its discretion, amend and/or supplement these Terms. Such supplementations or amendments shall enter into effect as of the date of their publishing on the Web Site. In case the Visitor does not accept the amendment, such Visitor shall not have the right to use the offered services, in line with Paragraph 1.4 of these Terms.

13.2. The SERVICE PROVIDER shall communicate with the Visitor by using the e-mail address, provided in the Visitor’s registration form. The Visitor may contact the SERVICE PROVIDER during the regular business hours by using any contact data, stated on the Web Site.

13.3. The legal relations, arising under these Terms, shall be governed by the laws of the Republic of Lithuania.

13.4. Any disputes, arising from performance of these Terms, shall be resolved by way of negotiation. In case of failure to reach an agreement, the dispute shall further be resolved in competent courts of the Republic of Lithuania according to the procedure, prescribed by the laws of the Republic of Lithuania.

13.5. The parties shall be released from their obligations under these Terms, in case performance of such obligations becomes impossible due to force majeure circumstances.

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