Imprint

CARD USA LLC
307 W Tremont Ave, Suite 200
Charlotte, NC 28203
USA

E-Mail: service@cardlove.com
CEO: René Ruhland
Registered in North Carolina, Secretary of State, SOSID 3251521
EIN (Federal Tax ID): 37-2229164

Terms of Service

§ 1 Scope

(1) The following Terms and Conditions apply to all contracts that are closed between CARD USA LLC, 307 W Tremont Ave, Suite 200, Charlotte, NC 28203, USA and the customer. Cardlove respectively cardlove.com is a brand and domain fully owned by CARD USA LLC.

(2) All services and deliveries provided by CARD USA LLC are delivered exclusively according to the terms and conditions described in this document in as far as these have been made applicable in the contract.

§ 2 Contract/Contract Fulfillment

(1) Offers that are made as a part of Cardlove's product and service portfolio via flyers, advertisements and in the Internet remain subject to change and are not binding. The presentation of products in the online shop does not constitute a legally binding offer but is a non-committal online catalog and an invitation to order. By clicking on the button 'Send order' (or similar text), the customer places a legally binding order for the products in the shopping cart. The confirmation of the receipt of the customer's order is sent together with the acceptance of the order and the corresponding invoice immediately by automated e-mail. The e-mail confirmation closes the purchase order contract. Except as provided in § 5 (3), alterations and cancellations cannot be accepted after this point in time.

(2) The contract text is not stored separately by CARD USA LLC. The purchase data is made available to the customer in the e-mail. The latest version of the Terms and Conditions can be read and downloaded from cardlove.com.

(3) Cardlove retains the right to refuse orders in individual cases that do not confer with Cardlove's predetermined requirements or that have been received by customers known to be unworthy of credit.

(4) Cardlove only accepts orders and delivery addresses within the following countries: United States of America. Should any payments have been made, then these will be reimbursed to the credit card account, whereby any transaction fees necessary will be deducted from the amount.

§ 3 Copyright

(1) The copyright owner of designs and posters offered on cardlove.com is not Cardlove itself, but the respective partner of CARD USA LLC, the customer or a third party.

(2) The respective partner grants Cardlove unlimited usage rights for all pictures and designs that are offered on Cardlove's internet website. Cardlove therefore has the right to use the respective pictures for all products offered on the pages and grants the customer the respective right for his final product. The delivered end product is therefore free of third-party rights.

(3) The use of the designs and pictures described in paragraph 2 do not infringe on any copyright, property rights or other rights of third parties. This has been assured in writing by the respective partner of Cardlove.

(4) By purchasing a product with contents of the motives provided on cardlove.com the customer acquires exclusively the physical ownership of the product. Usage rights for the reproduction of duplicates of any kind, the distribution, processing, and public accessibility are not included.

(5) The customer is granted the right to resell the product.

§ 4 Customer Obligations

(1) By uploading image data, the customer confirms that he has the right to reproduce and distribute this data. Manual checks and data correction are not conducted by the automated processing executed by Cardlove.

(2) The customer assures that all data and content which is placed at the disposal of Cardlove to fulfill the contract does not violate applicable law or rights.

(3) In particular, the customer guarantees
a) that data sent to Cardlove does not include any templates, material, content, propaganda, symbols of forbidden parties or organizations or the like that glorify illegal violence, propagate or incite racism, that encourage or entice criminal offenses or show the sexual abuse of children or animals, or which make discriminating statements in terms of race, gender, religion, nationality, disability, sexual orientation or age of people.
b) that laws for the protection of minors or criminal laws are not violated. This applies in particular to the laws governing the distribution of pornography, and the laws concerning insults and defamation.
c) that the templates (in particular image and text files), content and materials sent to Cardlove do not violate any copyright, trademark or other proprietary rights of third parties, the general rights to privacy or publicity or other rights of third parties.

§ 5 Delivery, Delivery Times

(1) Cardlove will ship the order within the shipping time stated on the product page or at checkout. If no shipping time is stated, Cardlove will ship the order within 30 days of receiving it.

(2) Partial deliveries are permitted up to a quantity that is deemed acceptable for the customer. Each partial delivery is considered a separate delivery. If, in exceptional cases, partial deliveries are unreasonable for the customer, the costs incurred will not be charged to the customer.

(3) If Cardlove is unable to ship within the stated or applicable shipping time, Cardlove will notify the customer, offer the customer the choice of consenting to a later shipment or cancelling the order, and will issue a prompt refund if the customer cancels.

(4) In the case of delivery disruptions that were not caused by Cardlove or are outside Cardlove's realm of influence, including events of force majeure, Cardlove reserves the right to withdraw from the contract provided that the cause is not of a temporary nature, without the obligation to pay damages. Cardlove will not be in default of delivery for the duration of the hindrance. Any amounts that have already been paid will be refunded in case of a withdrawal.

(5) If a customer is in default of payment, CARD USA LLC will discontinue all services to the customer. Payments will be used in chronological order to settle outstanding invoices, interest, and unpaid charges.

(6) Return shipping costs are handled as set out in § 11.

§ 6 Terms of Payment

(1) The purchase price is due at the time of the closure of the contract with immediate effect. The amount due will be debited in advance. Direct debit accounts and credit cards will be charged upon completion of the order.

(2) All prices are shown in US dollars and exclude applicable sales tax. Sales tax is calculated at checkout on the basis of the shipping address and, where Cardlove is required to do so, is collected and remitted to the relevant state authority.

(3) Payments can be made using the payment methods displayed at checkout. The payment service providers used to process your payment are shown during the checkout process. By selecting a payment service provider, you, as the customer, consent to the transfer of the personal data necessary to process the payment. Further information is available in Cardlove's Privacy Policy.

(4) If the customer does not meet his payment obligations, then Cardlove has the right to make the entire remaining debt due with immediate effect. This applies especially if payments are discontinued or withdrawn, and the overall creditworthiness of the customer is in question.

(5) If the customer is responsible for a returned payment from a bank debit or causes a credit card payment to be reversed, Cardlove reserves the right to charge a processing fee in accordance with the specific case.

(6) Delivery costs of all kinds including packaging, transport costs, transport insurance and deliveries will be charged to the customer. Prices and additional costs will be charged by Cardlove according to the current delivery rates.

(7) Any additional delivery costs that might occur due to an incorrect delivery address or addressee will be charged to the customer, if he is responsible for the error.

§ 7 Retention of Ownership

(1) The goods remain the property of CARD USA LLC until full and final payment has been made.

(2) In the event of default of payment by the customer, and despite payment reminders and the expiry of the associated period of grace, Cardlove reserves the right to take back the ownership of the products. The reclaiming of ownership as well as the withdrawal or seizure of the goods by Cardlove does not constitute a withdrawal from the contract.

§ 8 Warranty

(1) Information provided, drawings, illustrations, technical data, descriptions of weights, measurements, specifications, and other characteristics contained in brochures, catalogs, circulars, advertisements, or price lists are for informational purposes only. Cardlove does not guarantee the accuracy of this information. Regarding the type and scope of delivery, only the information contained in the order and the invoice is decisive.

(2) Unless a written guarantee has been issued, there is absolutely no guarantee for the fading or the water resistance of printed matter. Cardlove emphasizes that products that are not specifically designated for outdoor use are intended for indoor use only.

(3) The descriptions and specifications defined at the time of the closure of the contract constitute the technical status at this time. Minor technical deviations (especially regarding picture trimming and the color of the print) of the goods supplied from those advertised are permissible and do not constitute a fault insofar as they are within the normal commercial scope and as long as the contractual purpose is not significantly restricted by this. Pictures that are cropped, may differ slightly, but not significantly from the given sizes, as is usual for normal commercial frames. Small color differences that are normal in the context of commercial products can occur in the printout if the customer's monitor has not been correctly color-calibrated. Black and white printouts may have a slight, commercially acceptable color shift when printed in color. Unless the deviation is well outside the normal commercial tolerances, all complaints, voucher claims and replacement claims are excluded for these cases.

(4) If a product arrives damaged, defective, or materially different from what was ordered, the customer must notify Cardlove within 30 days of delivery at service@cardlove.com. Cardlove will, at its option, replace the product or refund the purchase price.

(5) EXCEPT AS EXPRESSLY STATED IN THESE TERMS, ALL PRODUCTS ARE PROVIDED "AS IS" AND CARD USA LLC DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THIS EXCLUSION MAY NOT APPLY TO YOU.

§ 9 Limitation of Liability

(1) Nothing in these Terms limits or excludes liability for death or personal injury caused by Cardlove's negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded under applicable law.

(2) TO THE FULLEST EXTENT PERMITTED BY LAW, CARD USA LLC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST DATA OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS, THE CARDLOVE WEBSITE, OR ANY PRODUCT PURCHASED FROM CARDLOVE.

(3) TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF CARD USA LLC ARISING OUT OF OR RELATING TO ANY ORDER WILL NOT EXCEED THE AMOUNT PAID BY THE CUSTOMER FOR THAT ORDER.

(4) Some states do not allow the exclusion or limitation of incidental or consequential damages, so the limitations in paragraphs 2 and 3 may not apply to you in full.

(5) The limitations described in this § 9 apply in the same sense to CARD USA LLC and to its members, managers, officers, employees, agents and suppliers.

§ 10 Data Protection

With regard to the collection, use and sharing of personal information, Cardlove's Privacy Policy applies.

§ 11 Returns and Cancellations

(1) All Cardlove products are made to order and personalized to the customer's specifications. For that reason, orders cannot be cancelled or changed once the order confirmation e-mail has been sent, and personalized products are not eligible for return or refund.

(2) Paragraph 1 does not limit the customer's rights in the event of a defect. If a product arrives damaged, defective, or materially different from what was ordered, § 8 (4) applies and Cardlove covers the cost of any return shipment.

(3) Non-personalized items such as accessories and gift cards may be returned in accordance with the return information provided at checkout.

§ 12 Destruction of Materials

(1) Every data storage medium as well as any templates provided to Cardlove by the customer for the fulfillment of the contract will be irrevocably destroyed by Cardlove after the contract has been executed. If the customer expressly wishes to receive the material he sent at the time of the order, Cardlove will of course return the media or documents to the customer. Costs incurred for the return shipment will be covered by the customer.

(2) Cardlove reserves the right to make a backup copy of all files and templates submitted by the customer for any possible warranty purposes and for post-improvement requests. The backup copy will only be used by Cardlove for the purpose of post-production improvements. The files are stored on a server rented by Cardlove. Retention of these files is governed by Cardlove's Privacy Policy.

§ 13 System Integrity and Website Use

(1) The application of any mechanisms, software, or other scripts in connection with the use of the Cardlove website, which may influence the functionality of the Cardlove website is prohibited to the user.

(2) Any measures that may result in an unreasonable or excessive burden on the infrastructure of Cardlove must not be taken or applied. Website users may not block, overwrite, or modify any content generated by Cardlove. Any kind of intervention that interferes with the operation of the Cardlove website is prohibited.

(3) Content that is stored on the website of Cardlove, may not be copied, distributed, reproduced, or used in any other way without the prior expressed consent of the copyright holder. This applies in particular to copying by automated mechanisms or by the means of "robot / crawler" search engine technology.

(4) The customer is legally obliged to treat the password chosen by him or a password generated by Cardlove for the use of his customer account with Cardlove confidentially and to protect it against misuse. The customer is liable for any damage resulting from misuse of his customer account or personal password.

§ 14 Final Provisions

(1) These Terms, and any dispute arising out of or relating to them, to the Cardlove website or to any product purchased from Cardlove, are governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

(2) The language used for the closure of a contract is English.

(3) The exclusive venue for any action arising out of or relating to these Terms shall be the state or federal courts located in Mecklenburg County, North Carolina, and the customer consents to the personal jurisdiction of those courts.

(4) Cardlove reserves the right to change the Terms and Conditions at any time without stating any reasons. It will be made clear to a customer if a change is made on the page. Changes to the Terms and Conditions require the customer's renewed approval.

(5) If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or removed to the minimum extent necessary and the remaining provisions will remain in full force and effect.