InstaCards

Terms and Conditions

Article 1 – Application of the Conditions

1.1 These general terms and conditions (the « Conditions ») apply to all purchases of products (the « Products ») sold through the web site (the « Site») and/or through applications (the « Application »), by us , the seller, Avanquest Software S.A.(«Avanquest»), a company incorporated in France, registered at Immeuble Vision-Défense – 89/91 Boulevard National, 92250 La Garenne Colombes, France, (references to « us », « we », or « our » being construed accordingly) to you, the purchaser (references to “you”, or “your” being construed accordingly).

1.2 By placing an order on the Site and/or through the Application you agree to abide to these Conditions.

1.3 You represent that you have legal capacity to enter into a contract.

1.4 We may revise and modify the Conditions from time to time without prior notice. The Conditions that apply to your purchase are the one we publish on the Site or the Application at the time of your order.

Article 2 – Language of Contract

The contract is conclued in English. By selecting a language you certify to fully understand the Conditions and all other information displayed on the Site or the Application in the chosen language. If you are not sure to fully understand the information or these Conditions displayed on the Site or through the application, do not order any Product form us.

Article 3 – Products, Offer, Acknowledgment and Acceptance

3.1 The purchaser can place an order on this Site or through the application. However, any order will be considered final only after receipt by the seller of the full price. The seller recommends the purchaser to keep the information in the order confirmation for its own records.

3.2 When you valid your order, you are deemed to have accepted the prices, volumes, quantities and features of the Products ordered.

3.3 Prior to our acceptance of your order, an automatic e-mail acknowledgement of your order is generated and sent to you. Please note that any such acknowledgement does not constitute a formal acceptance of your order.

3.4 An order submitted by you constitutes an offer by you to us to purchase Products, under these Conditions. Your order is subject to our subsequent acceptance. Our acceptance takes effects when we dispatch your order after its checking: availability and payment of the Products ordered.

3.5 We reserve the right to decline any order from a customer with whom there would be a dispute with respect to the payment of a previous order.

3.6 Whilst we make every effort to ensure that the prices and Product descriptions indicated on our Site or through the application are accurate, we cannot guarantee the correctness of all information. We reserve the right to notify you of any error relating to a Product prior to dispatch of your order. In such event, we convey to you the correct information so you can either (a) confirm your order under the corrected terms or (b) cancel it. If you confirm your order, you acknowledge that the Product is provided in accordance with such corrected terms.

3.7 After validation of your order, we may keep, during a fair period, records of orders received and acknowledgements. We may potentially be able to provide you with copies on written request. However, you shall print or save a copy of all such documents and these Conditions for your own records.

Article 4 – Price

The prices of our items are indicated in Euros and are to be paid for in this currency. The prices indicated for each article include VAT, but not the cost of carriage, which appears in the summing up of the order. For any order outside France, the customer is considered to be the importer of the items concerned. For all items sent outside the European Union, the price will be calculated without customs duty or any taxes applicable, which will be paid by the customer, who consequently accepts the responsibility for the declaration of the goods and the payment of these duties and taxes. The seller has a right to modify his prices at any time, items being billed on the basis of the price applicable at the time the order was definitively registered.

Article 5 – Delivery

5.1 We deliver Products only to an existing address.

5.2 The ordered Products are delivered to the delivery addresses indicated in the order. Indicative delivery times for the order are given on the product-description page.

Article 6 – Payment

You shall pay your order prior to delivery and by such methods as are indicated on the Site or through the application. On the Site and through the Application, credit card transactions are secured and your credit card number is encrypted. We use SSL encryption standard (Secure Socket Layer). Title to Products shall not pass from us to you until payment has been made in full.

Article 7 – Cancellation Right

7.1 Pursuant to the French Consumer Code (article L.121-20), you have the right to cancel your order during the period of seven (7) days after the day on which the Products are ordered (« Cancellation Period »). Such right does not apply to Products that have been customized, which by reason of their nature cannot be returned.

7.2 Only new and complete products will be accepted, returned in their original packaging and sent to the following address: Avanquest Software, Service Clients, 89/91 Boulevard national, Immeuble Vision Défense, 92257 La Garenne Colombes Cedex, France. Your notice must state the following information: customer information (first name, last name, address, email address, phone number) and order reference.

7.3 Any Product returned damaged or incomplete will not be refunded.

Article 8 – Quality of the Products

The Products sold on the Site or through the application are made according to certain criteria of quality, recognized by well-established printing firms. It is purposefully stipulated that the reproduction of coloured items on the Site or the Application, is not legally binding. Printed Products can never reproduce exactly the same colours that appear on the screen of the customer’s computer or mobile. Colours can look different, according to the computer or mobile’s configuration and according to the quality of the screen and of the printer. So the seller cannot be held responsible for a slight difference in shade between the Product visualised on the screen and the delivered product. It is likely stipulated that the appearance of the paper’s texture as seen on the Site or through the Application, is not legally binding. It is in fact impossible for the purchaser to get a true idea of the texture of the paper they have chose, as this choice can only be made according to the appearance of the texture on the computer or mobile screen they use for placing their order. The appearance of texture can be different according to the computer or mobile’s configuration and according to the quality of the screen and of the printer. As a consequence, the seller cannot be held responsible for a slight difference in texture between the product visualized on the screen and the delivered product.

Article 9 – Intellectual property

The designs, drawings, logos, photos, objects and pictures, proposed on the Site or through the application for creating items, are protected by rights of intellectual property. You recognise that items you order may only be used for their designated purpose. Any other use of designs, drawings, logos, photos, objects and pictures, such as reproduction, sale, distribution, edition ect. is to be considered as forgery and therefore liable to be sanctioned.

Article 10 – Guarantees

10.1 The purchaser acknowledges and expressly accepts that the Seller performs its contractual obligations with all possible care customary for its profession as part of a general obligation of means. As this is a computer service provided via the Internet, the user is informed that, with current technology, the proper functioning of the Services offered by the Seller depends on factors that are not entirely under its control.

10.2 The seller provides no express or implicit guarantee, including (without this listing being limiting) guarantees relating to information-technology quality and the Service’s compatibility with a specific use, or to the non-violation of the rules of use of the Service by its users.

10.3 The Seller does not guarantee that (i) the Services will perfectly meet users’ expectations, (ii) the Services will be uninterrupted, appropriate or free from any error, (iii) the results that may be obtained by using the Services will be correct and reliable, (iv) the quality of all products, services, information or any other materials purchased or obtained by the user as part of a Service will meet its expectations, and (v) that defects in the software used, if any, will be corrected.

10.4 All materials downloaded or obtained in any other way during use of one of the Services are under the full and complete responsibility of the purchaser. The user is solely liable for any damage suffered by his/her computer or any loss of data following the downloading of these materials.

10.5 No advice or information, whether oral or written, obtained by the purchaser from the seller or during use of the Service may create guarantees not expressly provided for by the Terms and Conditions.

10.6 The purchaser undertakes to guarantee and indemnify the seller (and its sister companies or affiliates, its representatives, its employees, its partners) against any damage, complaint or demand from third parties following (i) the sending, distribution, use or transmission of Content on the Site, (ii) use of the Services, (iii) violation of the Terms and Conditions, or (iv) infringement of others’ rights.

10.7 The purchaser undertakes to use the Site’s Services for purposes conforming to public order, to good morals, and to third-party rights.

Article 11 – Liability

11.1 We shall not be liable for delay in or impossibility of performance under these Conditions due to any force majeure as usually recognized by French Courts or any other unforesseable circumstances that are reasonably beyon control of the seller such as blocking of the means of transport or supply, strikes, interruption of the electricity or telecommunication networks that could delay the delivery of the Products.

11.2 For all the steps to access the Site or Application, consultation, or filling in forms, placing an order, delivery of items or any other service. Therefore, we cannot be held responsible for any harm or damage arising from the use of Internet.

11.3 We are not responsible for any loss of data or files. It is your responsibility to make all necessary safeguards for your order.

11.3 We shall not be liable for special, punitive, incidental, consequential or indirect damages related to these Conditions or that may arise from the purchase of the Products.

11.4 You are solely responsible for the content of the Products created on the site or through the Application. You therefore declare that you hold all necessary rights for adding objects, pictures, photos, logos and drawings to the objects created and guarantees the seller that these rights are valid and conform to the present legislation and that the ordering and use of these products does not and will not infringe on the rights of a third party. You also declare that the Products created are not likely to be considered a forgery or to compromise a third party in any way and that the purchase and use of these products in general is not a breach of any existing law or legislation. You therefore undertake to compensate us in the case of any legal proceedings brought against him by a third party, who consider themselves prejudiced by the printing, broadcast or generally by the use of the objects ordered.

Article 12 – Jurisdiction

The Conditions are construed and governed by French law without reference to its conflicts of laws principles. The French courts have exclusive jurisdiction in relation to any claim, dispute or other matters arising from these Conditions or the supply of Products by us.

Article 13 – Data protection

13.1 We collect information necessary to the delivery of Products to you. We reserve the right to disclose your information to all our subsidiaries or any other associated companies of our parent company. In compliance with French Act 78-17 of January 6, 1978 on Data processing, Data Files and Individual Liberties (referred to as the law on « Informatique et Libertés ») you have the right to access, change, delete or oppose any personal information about you. You may exercise this right at any time by sending us an e-mail or sending us a letter via mail to: Avanquest Software Service Clients Web - 91 Boulevard National - 92250 la Garenne Colombes, France.

13.2 Through the Site and/or the application, the purchaser who has expressly given his consent, may receive commercial offers from other organizations or companies, or to be informed of the offers of the seller. If the purchaser does not wish to receive these proposals, it may notify to seller by mail or e-mail.

13.3 Our website use « cookies ». These do not allow the purchaser to be identified, but we can record the information about the way your computer browses the site, thus allowing us to improve the service we offer on the Site. The purchaser has the right to oppose the registration of « cookies » by configuring its browser.