Acceptance of Terms of Use
Please read these Terms of Use carefully. These Terms of Use govern your access and use of the HelloSnowflakeDesigns.com website and mobile site (collectively, the “Site”) as well as the provision and sale of products and services by Hello Snowflake Designs and/or fulfillment providers, as the context may require (“Hello Snowflake Designs” “we,” “us,” or “our”).. By accessing or using this Site or any other Hello Snowflake Designs service, you agree to be bound by these Terms of Use 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 Terms of Use. If your use of this Site on behalf of any business, organisation, or other entity of any kind, you represent and warrant that you are authorised to accept these Terms of Use on its behalf and to bind such business, organisation, or entity to these Terms of Use.
Every offer of a Hello Snowflake Designs 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 Terms of Use. 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 Hello Snowflake Designs has not specifically rejected them. Hello Snowflake Designs reserves the right to make changes to this Site and to these Terms of Use at any time without prior notice. You should review these Terms of Use each time you access this Site
Terms of Sale
Before you can place an order online, you must have a Hello Snowflake Designs 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. Hello Snowflake Designs has the right to refuse any request made by you and to close your Hello Snowflake Designs account immediately in the event of any breach of these Terms. All our offers and promotions are without any obligation and subject to availability and confirmation of the order. An agreement between you and Hello Snowflake Designs is subject to our acceptance of the order and will be formed when you receive the Order Confirmation by email.
Copyright Materials for Limited Use
This Site contains graphics, photographs, images, document layouts, artwork, text, fonts and other information (referred to herein as “Content”). This Site and all Content are the copyrighted property of Hello Snowflake Designs or the copyrighted property of parties from whom Hello Snowflake Designs has licensed such property. All rights in this Site and its Content are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms of Use. Hello Snowflake Designs reserves the right to add to, delete from, or modify any part of Content at any time without prior notice. Any modifications to Content, whether by You or Hello Snowflake Designs remain the property of Hello Snowflake Designs and its licensors.
Use of Site
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 Hello Snowflake Designs (referred to herein as “Products”). No other download, retention, use, publication, or distribution of any portion of the Content is authorised or permitted.
Obtaining Products from Hello Snowflake Designs does not entitle you to use any portion of Content apart from the finished Products as they are supplied by Hello Snowflake Designs. You agree to use this Site in a responsible manner that is in full compliance with these Terms of Use and with your local laws and regulations, including export and import regulations. Without limitation, no portion of Content may be utilised 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.
Hello Snowflake Designs also may terminate its service to and/or the accounts of customers found to be using Hello Snowflake Designs to engage in undesirable activities or otherwise violating these Terms of Use. You agree that Hello Snowflake Designs shall have no liability of any kind to you or to any third party arising from such refusal or termination. By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorise Hello Snowflake Designs to produce the Products on your behalf.
You grant Hello Snowflake Designs the right to copy, modify, distribute, use, create derivative works of and vectorise 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 Hello Snowflake Designs to copy, distribute, use, modify, create derivative works of and vectorise any uploaded content for the purpose of fulfilling your order and/or marketing products or services to you. 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.
Title of Transfer
The customer agrees that the risk of loss and title for any printed Product pass to you upon our delivery to our carrier. 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.
Indemnification
You agree that you shall indemnify Hello Snowflake Designs and all parties from whom Hello Snowflake Designs 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 Terms of Use or (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. As to clause (ii), you agree that we have the right to control the defence of any such suit, claim or demand.
Disclaimer of Warranty
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.
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 terms of use alter those consumer guarantees if it is illegal for Hello Snowflake Designs to do so.
If those consumer guarantees apply to you, and Hello Snowflake Designs cannot legally exclude those consumer guarantees, then to the maximum extent permitted by law, Hello Snowflake Designs: (1) excludes or limits those consumer guarantees; and (2) limits its liability at the option of Hello Snowflake Designs 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.
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 Hello Snowflake Designs’ control and may not be covered by the Satisfaction Guarantee. Please note that we cannot be responsible for: Spelling, punctuation or grammatical errors made by the customer, 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.
Limitation of Liability
In no event shall Hello Snowflake Designs 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 whatsoever resulting from loss of use, data, or profits, whether or not Hello Snowflake Designs 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 Hello Snowflake Designs or its affiliates, including without limitation, damages, arising from mistake, omission, virus, delay, or interruption of service.
In no event shall Hello Snowflake Designs be liable or responsible for any damages or consequences arising from or related to your inappropriate or unauthorised use of this site or its content or our supplied products or services. 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.
Site Feedback
Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to Hello Snowflake Designs in connection with the operation or content of this Site shall be provided by the submitter and received by Hello Snowflake Designs on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of Hello Snowflake Designs.
By submitting any such information to Hello Snowflake Designs, 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 Hello Snowflake Designs shall be free to use such information on an unrestricted basis.
Privacy
Hello Snowflake Designs has set out in its Cookies and Privacy Policy how we collect, use, disclose, store and protection the information that you submit to us during the use of our Site. This Cookies and Privacy Policy applies to every Site visit, every use of our services, and every transaction and agreement that is concluded through our Site.
Miscellaneous
You must be at least 16 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 16 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.
Governing Law
The party you are contracting with and the seller of the products and services offered and sold on this Site is Hello Snowflake Designs, registered as Ciara Hansen organised under the laws of France with its address in Le Bourg d’Oisans, France. 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 France.
Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in France. You agree to submit to the jurisdiction of courts sitting in France 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 Hello Snowflake Designs, that a court sitting in France is an inconvenient forum for such legal action or proceeding.
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 Hello Snowflake Designs, and Hello Snowflake Designs‘ suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages. We recognise 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. The European Commission’s Online Dispute Resolution Platform may be accessed via https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. You agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to any sale under these Terms of Use.
