Terms and conditions

TERMS OF USE STAMPIX BV

Terms of use Stampix

  • Introduction

Welcome to Stampix, please read these Terms of Use (“Terms“) carefully. Prior to this, in particular when creating an account, and/or placing an order through the App and/or the Microsite, your express consent is requested with these Terms. In addition to current Terms, your consent is also requested with our privacy policy, which states how we handle the personal data and privacy of Stampix users. These Terms and Conditions describe your rights and obligations, and those of the private limited liability company “Stampix”, with its registered office at Bommelsrede 12 9070 Heusden (Destelbergen), RPR Ghent, department of Ghent, VAT BE-0651.901. 465, trading as “Stampix” (“we” or “us”), with respect to (i) the associated mobile application (the “App“),(ii) online web applications (“Microsite“) for third parties (“Customers“), and (iii) any goods or services available through, and materials of any kind that may be accessed or related to Stampix (the “Services“). When we refer to “Stampix” in these Terms, we mean us, the Website, the App, the Microsite and/or the Services, as the context requires. Please take the time to read and understand these Terms before using the Services offered by Stampix. By installing the App and/or placing an order through the Microsite, you accept that you are entering into a contract with us under these Terms. If you register in the App, you will automatically create an “Account” and become a “User“. Users are entitled to order Stampix products (“Products“) which can either be paid for by third parties (“Customers“) or purchased through conventional online payment methods with 100% prepayment. 

  • Creating an Account

An Account is automatically created when you register in the Stampix App. When creating the Account, we ask you to provide information about yourself, in such a way that we can offer our Services. We collect and process the data provided by you in accordance with the applicable privacy legislation (in particular the (i) EU Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (“GDPR”), (ii) the Law of 30 July 2018 on the protection of individuals with regard to the processing of personal data, and (iii) the (future) Belgian legislation regarding the implementation of the aforementioned regulation). More details on how Stampix handles your personal data can be found in our privacy policy

You are responsible to fill in this information correctly and up to date if you want to use our Services. You may update this information at any time through your Account in the App.

You may not create an Account if you are under the age of 13.

The User is obliged to link the account to his/her telephone number. Only with the first registration will a first gift be given by Stampix through Stampix, through a partnership or through the Member-Gets-Member functionality.

As a User, you are required to link your account with your phone number. Each time the User logs into the Stampix App, the User will have to identify himself by means of an SMS code, sent to the linked telephone number. If the User needs to secure the account with a password, Stampix advises the User to handle the password data with care. Stampix is not liable for any consequences resulting from hacking or misuse of your account by third parties

  • Terminating an Account

3.1 Terminating the account yourself 

You may terminate your Account in the App at any time. In that case, your data linked to your Account will be immediately and automatically deleted from our database. 

3.2 Deleting your account

Stampix reserves the right to terminate an Account immediately, without prior notice and without this giving rise to the payment of any compensation on the part of Stampix to the User when:

  • You fail to pay fully and correctly for the Products; 
  • You use an invalid payment method (such as invalid credit or debit card) or a payment method belonging to someone else; 
  • Stampix determines that you are using more than one Account (this is not permitted, including by using different contact information; 
  • Stampix determines that you are misusing the Account, such as (non-exhaustive) use of incorrect email address, incorrect delivery address, incorrect payment information, …
  • Stampix decides on a subjective basis due to ethical reasons that the Photographs forwarded cannot be printed, such as (non-exhaustive) drug use, racist and anti-Semitic statements, (child) pornographic images, … 
  • The essence of Stampix

Stampix offers Users the opportunity to select photos from various sources (hereinafter, the “Photos“) and use these Photos to order a Stampix “Product” (specifically, personal photos with or without Customer’s advertisements). The sources you can use for images are currently as follows:

  1. Images on the “camera roll” of your computer or mobile device;
  2. Pictures that are on your Instagram account; 
  3. Photos on your Facebook account; or
  4. Photos on your Google Photos account.

When using Photos in your Instagram or Facebook account, you must connect to your Instagram or Facebook account to create a Product. As Stampix evolves and changes over time, we may add Products or remove Products from our Services. We may also add new sources for your Photos. Please note that there are restrictions if you were to upload Photos from certain sources. You will be informed of the limitations regarding print quality, sharpness of the photo, size of photo, … during the creation of the Product and/or the purchase process. If you still place an order for a Product, despite the notification of the limitations, Stampix cannot be held liable for compensation or reprinting of the Product. The ordering process for Products via the App is as follows: 

  • You create a personal Account via the App and hereby expressly agree to the Terms and Conditions 
  • By creating your account, you agree to the privacy policy
  • Continue with the selection offered by Stampix or go directly to the product screen;
  • Select a Product;
  • Attach your Pictures . Adjust the Photos if necessary and add a short text for each image;
  • Confirm the delivery address; 
  • Option 1: Pay for your Product (without Customer’s ad on the Product by paying for shipping or ordering a paid Product (“Premium Product”));
    • Proceed to the payment process;
    • Confirm the payment in the App
  • Option 2: Use a Customer’s payment code (with Customer’s advertisement on the Product);
    • Add the code of the Customer;
    • Confirm your order in the App
  • You will receive a confirmation of your order by email;
  • We produce the Product;
  • You will receive an email when the Product has been printed;
  • You will receive an e-mail when the product has been shipped. 
  • Printing of Photos, ads, and extras

5.1. Printing of Photos

Photos are printed as they are displayed in the Stampix App. It is the User’s responsibility to ensure that the Photos are properly framed using our photo editing capabilities.

5.2. Ads on Photos 

5.2.1. General

In the event one or more Customers pay for your Products, you will see ads from the Customer on the back of the Products, or on the front as long as it does not obstruct the photo itself. 

5.2.2. Paid for Photo products, shipping and member-gets-member orders

In the event that you pay for shipping or for the Products yourself, through conventional online payment methods, or ordered through a member-gets-member code, you will exceptionally see an advertisement on the back of the Products. No ads will be printed on the front of the Photo Products.

5.2.3. Premium Products

Advertisements are never printed on the Premium Products, unless the User can order these products for free thanks to a Customer.

5.3. Extras

It remains Stampix’s right to be creative with the Campaigns and possibly expand them according to the wishes of the Customers. If there are any changes to the normal course of events, it is Stampix’s responsibility to inform the Users during the ordering process.

  • Cancellation

As a User, you can cancel your order free of charge unless the order has already been passed on to the print company. Afterwards there is no possibility to cancel the order free of charge and it will still be delivered to the chosen address. 

  1. Terms of Use  

Photos chosen by User and other materials (including textual notes to and comments on the Photos) used, accessed, or transmitted by a User on, through or in connection with Stampix, including for the purpose of creating a Product, shall be treated as User Content (“User Content“) for purposes of these Terms. Each User shall ensure that User Content is:

  1. Not infringing the copyright or image rights of third parties; in particular, you must ensure that you either own the copyright to any Image that you use to create a Product, or that you are fully licensed to do so by the copyright owner;
  2. Not infringing any other rights, such as a trademark, of any person or entity or any duty owed to any person or entity, such as a duty of confidentiality;
  3. Not violating any applicable law (including, but not limited to, any criminal law) or regulation;
  4. Not including anything that is false, inaccurate, misleading, hurtful, abusive, threatening or defamatory, or that may cause undue annoyance, inconvenience or distress to any person. Misrepresent the identity in any way or impersonate any person.
  5. Not containing material that contains personally identifiable information about another person, such as his or her real name, address, telephone number or e-mail address, except with that person’s written permission;
  6. Not containing any material that is pornographic, obscene, indecent or offensive, that promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group; Harassing, upsetting, embarrassing, alarming or annoying anyone;
  7. Not creating the impression that it is coming from us, when it is not; or
  8. Not advocating, promoting or assisting in any illegal act, such as (by way of example only) copyright infringement or computer misuse.

We strictly prohibit violations of our Terms and Conditions and conduct regular checks to prevent abuse. In the event that our Services are used in ways that violate our Terms, we reserve the right not to produce your order and to block your Account, without prejudice to Stampix’s right to claim compensation for all damages suffered and/or an indemnification claim if Stampix is sued by third parties. We are not responsible for any such Photos or User Content, but if you become aware of any such infringing use of Photos or User Content you may contact us by sending an email to hello@stampix.com.

Stampix is not liable if the User is guilty of the above Photos. The User is subject to an indemnification obligation for third party claims. 

  • Delivery

The standard method of delivery of Products is regular shipping. Since the Products are personalized, the User acknowledges that he has no right of withdrawal from the Products, despite the fact that the sale is remote. Unless otherwise agreed, any delivery times indicated are always indicative and approximate. Except in the case of intent and/or gross negligence, exceeding the stipulated terms cannot give rise to fines, compensation, substitution, or termination of the order at the expense of Stampix. We reserve the right to deliver Products in parts.

  • Intellectual properties

Access to Stampix, including trademarks, logos, drawings, data, Product or company names, texts, images, etc. are protected by intellectual property rights and belong to Stampix BV or the entitled third parties.

  • Limitation of Liability

10.1. Use of Website, App, Microsites

The information on the Website, App and Microsite is general in nature. It is not adapted to personal or specific circumstances and can therefore not be considered as personal, professional, or legal advice to the User. Stampix makes every effort to ensure that the information made available is complete, correct, accurate and up to date. Despite these efforts, inaccuracies may occur in the information made available. If the information provided contains inaccuracies or if certain information on or via the Website, App and Microsite is unavailable, Stampix will make the greatest possible effort to rectify this as quickly as possible. In no event can Stampix be held liable to anyone, directly or indirectly, specifically or otherwise, for any damage attributable to the use of this Website, App and Microsite or any other, in particular as a result of links or hyperlinks, including, but not limited to, loss, work interruption, damage to the user’s programs or other data on the computer system, hardware, software or otherwise. The Website, App and Microsite may contain hyperlinks to, or indirectly refer to, other third-party websites or pages. The placing of links to these websites or pages in no way implies an implicit approval of their contents. Stampix expressly declares that it has no control over the content or other characteristics of these websites and cannot under any circumstances be held liable for their content or characteristics or for any other form of damage resulting from their use. In no event can Stampix be held liable to anyone, directly or indirectly, specifically or otherwise, for any damage due to the use of this Website, App and Microsite or any other, in particular as a result of links or hyperlinks, including, but not limited to, loss, work interruption, damage to the user’s programs or other data on the computer system, hardware, software or otherwise.

10.2. Incorrect delivery of Products

If you mistakenly fail to take delivery of an ordered Product, we will not be obliged to refund the price paid. Complaints or claims relating to Products must be reported to us within 24 hours of receipt of the relevant Product, or in the case of non-delivery, within the 5 working days after the relevant Product should have arrived, under penalty of lapse. This can be done by sending an email to hello@stampix.com, or via our support tool. In the event that the Product was not delivered because an incorrect address was provided or because the Product did not arrive at the User’s home for any other reason, Stampix will look into the possibility of redelivering the Product to the User. No refund can be claimed.

10.3 Damage to Photo Products

If you see any sign of damage on the outside of the envelope of the package containing a Product, as well as damage to the Products themselves after opening the envelope, please contact us within 24h, under penalty of lapse. This can be done by sending an email to hello@stampix.com, or via our support tool. If the complaint is justified Stampix will reprint and deliver your Product free of charge.

10.4 Photos printed incorrectly

Stampix is not bound to reprint Photoproducts or refund the price paid, if the User has not correctly adjusted the Photoproducts in the Stampix App. If the Photo Products have been incorrectly printed by Stampix, the orders will be reprinted as soon as possible after the User submits the claim. 

  • Photo Recommendation Software

We use a photo recommendation software from Stampix in the App. We use this software to recommend your best photos for printing and mailing. The recommended photo selection is based on an Artificial Intelligence program that goes through your photos – with or without an internet connection – and selects the best photos. The software works only on the photo selection to which the User grants Stampix access. If the User does not wish to grant Stampix access to the camera roll, we cannot perform such services. When the Program analyzes your Photos, no personal information related to your Photos is shared with Stampix or its Customers and partners. Under no circumstances are any Photos – other than the ones you decide to print – shared with Stampix or its Customers and partners. Other than the Photos that Users choose to print, Stampix will not store any Photos or any other information from them.

  • Sample functionality for businesses

Stampix offers potential Customers the opportunity to test our Services by ordering a simplified Product (“Sample”) through the Website. Use of this is limited to individuals representing a business that is qualified or interested in booking a Stampix advertising campaign. Stampix has the right to refuse any order made through the Sample feature if the person does not have the intention or interest to start a Stampix advertising campaign or if the person does not fit the qualifications made by the sales team.

  • Privacy

Our privacy policy applies to all users of Stampix. By using or accessing Stampix, you consent to the contents of that policy. If you do not wish to share such personal information you cannot use our Services. 

  • Force majeure & hardship

Parties are not liable for a shortcoming in the fulfillment of their obligations caused by force majeure or hardship. Are conventionally considered to be cases of force majeure or hardship: all circumstances that were reasonably unforeseeable and unavoidable at the time the agreement was concluded, and which on the part of Stampix and/or the User create the impossibility of fulfilling the order or which would make the execution of the order financially or otherwise more burdensome or difficult than normally anticipated, so that it would be unreasonable to expect Stampix or the User, respectively, to continue fulfilling its obligations or to carry them out under the same conditions. Force majeure or hardship includes, but is not limited to, war, natural conditions, fire, seizure, delays in or bankruptcy of third parties (including suppliers) that Stampix relies on, theft and/or loss of Products during transport, general scarcity of raw materials or goods, staff shortages, strike, lockout, business organization conditions, threat or acts of terrorism, epidemics and/or pandemics). The aforementioned situations give Stampix, respectively the User, the right to request the revision and/or suspension of the order by a simple written service to the other party, without owing or being able to owe any damages.

  • Applicable law and court

These Services are governed by Belgian law. Only the courts of the district of Ghent, section Ghent are competent to settle any disputes.

  • Contacting us

Stampix BV Bommelsrede 12 B-9070 Heusden

Email: hello@stampix.com

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