General Terms and Conditions of Service

Zankyou Ventures SL (hereinafter Zankyou) is the owner of the websites www.zankyou.com and www.zankyou.co.uk, as well as the respective local domains and sub-domains in the countries in which it operates. Zankyou provides you with the following general information about its website.
a. Responsible party: Zankyou Ventures S.L.

b. Registered address: C/ Pau Claris, 89, Bajos, 08010 Barcelona (Spain)

c. Tax Identification Number (C.I.F.): ESB85337053

d. Share capital 186,200 euros.

e. Registry data: registered in the Madrid Mercantile Registry in Volume 25278 of the Registry Book, Page 93, Section 8, Page M-455103.

f. Contact email: help@zankyou.com.

g. Contact telephone number: 0845-8677856.

ARTICLE 1 - PURPOSE

1. The purpose of these Terms and Conditions of use (hereinafter referred to as "T&C") is to establish the terms and conditions of the relationship between the Users and , ZANKYOU. These T&C may, in all cases, be completed with other Specific Conditions. In the event of any contradictions between the T&C and the Specific Conditions, the latter shall take precedence over the former.

2. Access to the website is totally voluntary. By clicking on the Register button, the User indicates that he or she is fully aware of and accepts all the conditions of this Contract. Refusal to accept these conditions shall result in access to the Service provided by Zankyou being denied.

3. The Service provided by Zankyou is designed and reserved for private individuals only.

ARTICLE 2 - USER STATEMENT AND LIABILITY

1. Users agree to use the Service in accordance with these T&C, the law, morality, generally accepted good customs and public order.

2. Users agree not to publish content that may be offensive or for advertising purposes and that is not in keeping with applicable law.

3. Users waive the right to take any actions against Zankyou or ask for responsibilities due to the data presented by Zankyou.

4. Web-list users must register online on the Website and read and accept these T&C before using the Service. By accepting them, Users:
a. Guarantee the truthfulness of the information regarding their identity, e-mail address and postal address entered on the Registration Form.

b. State that they are liable for the truthfulness of the information included on their Personal Page, and they guarantee that the content published on the same is in keeping with applicable law and the dignity of the people. Users may only use graphic material or text to which they hold the corresponding usage rights.

c. Are responsible for proper use of their Password to their Personal Webpage. Users must notify Zankyou immediately, in a certifiable manner, of the loss or theft of their Password, fully assuming the consequences derived from the same until said notification is given. Once the notification has been received, Zankyou will assign a new Password.

5. Users waive the right to take any actions against Zankyou to defend their image, intellectual property and private life due to the data published on their Personal Page.

6. Users agree to resolve any dispute that may arise between them regarding the content of the Personal Page without the mediation of Zankyou.

7. Zankyou uses the services provided by Youtube, by which the user accepts Youtube's terms and conditions of service (see here) and Google's privacy policy (see here).

ARTICLE 3 - PRIVACY AND PERSONAL DATA PROTECTION

PRIVACY AND PERSONAL DATA PROTECTION

ARTICLE 4 - INTELLECTUAL PROPERTY

1. The texts and graphic elements contained and distributed on the Website, as well as their presentation and organization, are the sole property of Zankyou, which maintains the usage rights to them through third-party agreements. In this regard, they are protected works pursuant to Spanish and European intellectual property regulations, as well as the international treaties signed in that field.

2. Zankyou does not license nor authorize any use of its industrial and intellectual property rights or any other property or right related to its Website, except by express agreement with third parties.

3. Users may reproduce the content of the Site solely for the purpose of storage, backup copies or printed copies.

4. Aside from the above, any reproduction or presentation, in whole or in part, of the content of this Website or of any of its elements for commercial purposes or for any use beyond those mentioned is prohibited without the express written consent of Zankyou. Failure to abide by the above shall give Zankyou the right to take the pertinent legal action.

5. The following is likewise prohibited:
a. Presenting a page from this Site in a window that does not belong to Zankyou by means of the technique known as "framing", unless expressly authorized by Zankyou.

b. Inserting an image presented on the Site on a page that does not belong to Zankyou by means of the technique known as "inline linking", unless expressly authorized by Zankyou.

c. Extracting elements from the Site, leading to damages of any kind to Zankyou, pursuant to the provisions of Legislative Royal Decree 1/1996, dated 12 April, which approves the Reworked Text of the Intellectual Property Act and Law 5/1998, dated 6 March, on the Incorporation into Spanish Law of Directive 96/9/EC on the Legal Protection of Databases.

6. The rights not granted above are reserved by Zankyou or, as appropriate, by Zankyou's third-party collaborators.

7. All trade names, trademarks or distinctive signs, logos, symbols, mixed marks, figures or names that appear on the Site are the property of Zankyou or Zankyou has the corresponding usage licenses for the same.

8. The User agrees that Zankyou, with respect to published content, has worldwide and non-exclusive authorization to reproduce the content on the website, and that this may be transformed in order to adapt to the technical requirements of the service, during the period of maximum effect recognized in intellectual property law.

9. In the case of suspect that a User or third party considers a violation of their intellectual property rights, they will email help@zankyou.com indicating the following:
a. The personal information of the holder of the rights allegedly infringed. If the claim is submitted by someone other than the person concerned, it shall indicate on whose behalf they are acting.

b. A description of the protected content and its location on the website.

c. Timely accreditation of these Intellectual property rights.

d. An expressed statement in which the holder states responsibility for the veracity of information.

ARTICLE 5 - ACCOUNT CLOSURE

Zankyou is entitled to partially or totally close any User account without forewarning should its Users breach these T&C.

ARTICLE 6 - GUARANTEE AND LIABILITY EXCLUSIONS

1. Zankyou is obliged to do everything materially possible to ensure that the Service is accessible 24 hours a day, 7 days a week; Users expressly acknowledge that it is impossible to guarantee said universal access. Zankyou shall be exempt from any liability, in the broadest terms allowed by applicable law, for damages of any kind that may arise due to lack of availability or continuity in the functioning of the Service, as well as for any errors in accessing the different pages on the Website.

2. Zankyou reserves the right to interrupt the Service due to maintenance or upgrade work on the same.

3. Zankyou reserves the right to delete and edit at any moment and without warning from a Personal Page any content deemed to be offensive or when there is reasonable doubt as to whether it breaks the law, informing the Users of said action.

4. Zankyou shall not be liable in any case for the content generated by the Users of the Wedding's Personal Page, nor in the listings within the supplier´s directory. Zankyou is not obliged to monitor the content to be included in the aforementioned pages.

5. Except for the cases described expressly in the T&C, Zankyou shall not be liable for damages of any kind that may arise due to a lack of accuracy, completeness, timeliness, nor for those due to errors or omissions related to the information and services contained on the Website or on the Personal Pages.

6. Zankyou shall not be liable in any case, nor obliged in any way to the partners or family members of the Beneficiaries, Users or Contributors not covered by this Contract.

7. Zankyou allows registered Users to input images, videos and comments and assessments of the published services. The content published is prepared either by Users or by using Zankyou´s own or external sources. Zankyou does not guarantee in any way the accuracy of the features regarding the contents and services published and is expressly exempt from any liability for damages of any kind that may result from the lack or errors in the description and characteristics of the content published. Zankyou periodically reviews the contents of the website, but cannot verify all of this information, so it cannot take responsibility for the contents.

8. Zankyou offers the User links to other sites managed and controlled by third parties, with the sole function of facilitating Users to search for information, content and services on the Internet web sites. Zankyou does not commercialize, manage , or own the content, services and information available on such linked websites , or endorse , supervise or control in any way the contents and services and any material of any nature therein , assuming the User exclusively full responsibility for navigating through them.

ARTICLE 7 - MISCELLANEOUS PROVISIONS

1. If any clause included in these T&C were to be declared null or void, in full or in part, said nullification or voiding would affect only that provision, or the part of the same declared null or void, and the rest of the T&C would remain in effect and said provision, or the affected part of the same, will be considered to have been excluded.

2. All demands, requests and other communications required from the parties in relation to these T&C shall be made in writing and they shall be understood to have been duly made when delivered in hand, either by post to the address of the other party or by e-mail to the same, or to any other postal or e-mail address indicated by each party for these purposes.

ARTICLE 8 - APPLICABLE LAW AND JURISDICTION

1. These T&C shall be governed by and interpreted in accordance with Spanish law.

2. ZANKYOU is registered in the Registro Mercantil de Barcelona (Barcelona Business Registry), entry no. 1/1850/242/36, with registered offices at C/ Pau Claris, 89, Bajos, 08010 Barcelona, Spain.

3. In the case of difficulties in applying these T&C, the parties agree to seek a resolution on friendly terms before taking any legal action.

4. Any lawsuits that may arise related to these T&C, their interpretation and consequences, or the documents that they complement or modify, shall be submitted expressly and exclusively to the courts of Barcelona, regardless of the diversity of defendants, request for guarantees, references and experts' reports.

ARTICLE 10 - GENERAL CONDITIONS FOR THE SERVICE PAPER STUDIO BY ZANKYOU

ARTICLE 10.1 OBJECT

The following conditions govern the access to and use of Paper Studio by Zankyou. Paper Studio is an all in one service for designing, personalizing and printing of wedding stationaries and other events that Zankyou makes available to its Users at https://paper.zankyou.co.uk.

ARTICLE 10.2 ORDERING PROCESS AND CONTRACT SIGNING

To place an order in the online store it is necessary to create a customer account. In the first order, the User can specify the login information in the customer account ("My Account") and in it the client will find the data or information stored of all of the orders.

2. In the “wish list”, the registered User can save their favorite products for later review. In addition, in the customer account the User will have the record of confirmed orders.

The purchase is only made when the User clicks on "buy". Therefore, the products that are saved in your wish list, or that you add to your cart, do not represent a closed order. You can edit or correct the selected products before formalizing the purchase. Once the “buy” button is clicked, the products will be registered in your contract."

If the client approves the printing, even though the files do not meet our technical printing specifications, it assumes the risk of a defect in the printed products.

Paper Studio by Zankyou does not check the final print design in regards to spelling, composition errors, color reproduction, or compliance with the maximum color application of 300%. Nor do we check the layout of images and text files since creative considerations may be in the foreground.

Printing information will be sent within one week of the start of the contract, otherwise paragraph 4 will apply. We will not make the data available or other intermediate products obtained as part of our service.

Once the contract is closed, the User has no right to modify the data corresponding to the order sent. If the User wants to make any changes to the order already made, they must cancel the order and generate a new one with the desired changes. The online store and the printing press have the right to refuse this modification and if they accept it, additional costs may arise that will have to be borne by the User. This will be communicated to the User during the order changing process."

To check your print files, the User can request, after a previous payment, a sample of the product from his "My account" area. The User will receive a discount coupon for the same value as the sample when making the final purchase.

ARTICLE 10.3 CANCELLATION OF THE CONTRACT AND BLOCKING THE USER’S ACCOUNT

The User may make a free cancellation of an order only until the order confirmation has been sent by email. If the cancellation occurs in this case, the User will assume the management costs equivalent to 2% of the amount of the agreed order plus a minimum amount 10 euros plus VAT. In the event that the print approval had already occurred and the User has received the confirmation email, the User must assume the amount of 97% of the sum of the order, plus the services already provided. The client will have the right to request a review and provide the evidence they deem necessary to avoid the measures applied. In this case, Paper Studio by Zankyou may attach evidence demonstrating the cost generated by said cancellation.

Once the request for cancellation of the order has been submitted and accepted, Paper Studio by Zankyou will proceed to dispose of the merchandise regardless of the quantity or timing of the production process in which the order is found. Therefore, Paper Studio by Zankyou has no obligation to return the merchandise once the cancellation is approved.

Paper Studio by Zankyoureserves the right to terminate the contract if there is a delay in sending the printing files if you delay the payment or if there is a reasonable suspicion that there was any prohibited content in the printing order. In these cases mentioned, the client must agree to pay Paper Studio by Zankyou compensation equivalent to 2% of the agreed order amount, a minimum of € 10.00 plus VAT, as well as the costs for additional services. However, the client is entitled to request a review of the cancellation and provide evidence to refute the measures applied to cancellations.

Paper Studio by Zankyou reserves the right to permanently block a customer account if there are reasonable grounds to suspect that there is prohibited content in the files or printed products.

If Paper Studio by Zankyou suspects or proves by means of an affidavit on the insolvency of the client, he will have the right to cancel the contract without prior notice.

ARTICLE 10.4 PRICES AND SHIPPING

All prices indicated on our website include VAT.

The corresponding shipping costs are indicated to the User in the order form and will be charged, unless he or she makes use of his right of cancellation.

The order will be sent by mail to the address indicated by the User. It is not possible to pick it up at a physical location.

In the case of accidental loss or deterioration of the order during shipment, the User will not be held accountable for it. Once it has been delivered, any loss or damage to the order will be assumed by the User.

If the User is an intermediary between Paper Studio by Zankyou and a third party, the User will assume responsibility in case of loss or accidental deterioration once the merchandise has been delivered. Zankyou Paper reserves the right to carry out inspections and communications to third parties guaranteeing the quality of deliveries and freeing themselves of consequent responsibilities.

In case of a cancellation, the User must bear the expenses of the return.

ARTICLE 10.5 DELIVERY TIMES

The delivery times established by Paper Studio by Zankyou are calculated by the starting date of the payment confirmation order. Delivery times appear on our website, in case they do not appear, the delivery time will be between 2-3 business days. If a product is no longer available temporarily or permanently, we will inform you as soon as possible and the contract will not be valid.

ARTICLE 10.6 PRINT DATA AND COPYRIGHT

Detailed specifications on images and texts are among the frequently asked questions that are part of the contract. The User is responsible for verifying the files and specifications to check the quality required before sending them. Therefore, if the client sends files outside those specifications established by Paper Studio by Zankyou, he or she will assume the responsibility in case of any error.

Paper Studio by Zankyou is not responsible for sending defective files, plain text or images that do not have the required minimum resolution. Therefore, the client will assume the risks when there has been a misuse of the editing tool and the necessary specifications have not been followed.

By sending us the files, you guarantee that these and the print products produced from them do not violate the legal provisions and that the rights and claims of third parties are not infringed. In particular, you guarantee that there are no breaches of copyright, sexist, pornographic, defamatory, racist or other immoral content in the printed data and that, therefore, the printed products are not affected.

ARTICLE 10.7 COMPLAINTS AND CLAIMS

In the event that the product purchased has an error or is defective, the User has the right to make a claim under current Spanish legislation. Paper Studio by Zankyou reserves the right to request evidence as well as provide evidence to help resolve the claim.

Paper Studio by Zankyou is not obliged to replace, change or reimburse the products or services acquired that have suffered any error or imperfection as a result of misuse of the client or the editing tools, including spelling or grammatical errors, low resolution or erroneous layout, among others.

If the User has validated the printing, no product replacement, refund or credit will be made on account for printed materials. Thus including the resulting validations after the client receives a sample of their requested products, or, if you only make a preview of the design on our platform.

No replacement, refund or credit will be made in the User's account for products printed under the following assumptions or derivations:

  • Due to the possible color differences between the item shown on a computer screen and those printed on paper.
  • Variations between the sample cards and the final order requested. Sample cards do not serve as a reference for subsequent orders.
  • Slight color deviations compared to a previous order.
  • Slight color variations between two or more orders.
  • Slight color variations between individual sheets within an order.
  • Slight color variations between the cover and internal information.
  • Minor deviation (up to 2 mm) of the partial finish of the gloss sheets.
  • Embossing on glossy foil and refining of the metal surface of the print motif.
  • Due to the possible tolerable variations between the previewed design and the final finished product, in terms of the limits of cuts and bends or folds.
  • Any general deviation that may arise naturally when performing the digital printing process.
  • For spelling and / or grammatical errors in the sample texts.

ARTICLE 10.8 INDIGO DIGITAL PRINTING AND OFFSET PRINTING PROCESS

Requests for requested samples will not be taken as a 100% faithful reference for the next orders. Thus, slight variations between the sample and the final order cannot be avoided.

Variation of halftone / mixed colors: the printing process and obtaining the variety of colors is made from the CMYK model, obtaining the colors with the mixture of color pigments: Cyan (C), Magenta (M), Yellow (Y) and Black (K ). With this printing model, variations of color or imperfections in the final product can be presented, especially for small sources or with very fine lines.

Data delivery and color changes: if the client wishes to include their own photographs, logos or graphics, they must do so based on the CMYK model and with a minimum resolution of 300 dpi. If he or she uses the RGB model, we cannot guarantee that there are no deviations or variations when converting to CMYK and manage the printing of your design.

Thin or very precise details: the lines, logos and graphics must have a minimum line width since, at the time of printing, the details that are very thin may not be reproduced in the same way as displayed in the digital version. The type of paper selected also may affect the printed versión. Textured or corrugated papers are not recommended for models with thin or very thin designs.

Processing of data sent to print: Paper Studio by Zankyou reserves the right to apply the corrections in the designs it deems appropriate to guarantee the print quality of the order. If it is a basic correction, it can be done without contacting the client. However, Paper Studio by Zankyou contacts Users to send them the corrected design for approval.

Special finishes with digital printing and design refinements: Paper Studio by Zankyou offers its Users a series of exclusive finishes that apply only to the exterior printing faces. If the User wants an additional finish or refinement in their design for interior faces, they can contact the User service team and at an additional cost, their order will be handled.

Laser cut finishes: our state-of-the-art laser makes cuts, prints and paper refinements. With that being said, with the use of laser, a slight brown discoloration called a smoke trail may appear. This depends on the type and color of the paper. We are not responsible for alleged brands if the client does not rely directly on us.

Variations or alterations during the production process and with the finished product: during the two-sided printing process, the placement of the paper fold when turning may have a slight deviation that causes it not to print exactly on the same line on both sides. Also, once the order is packaged, if there is intense pressure on it, it could cause slight contamination of the print.

ARTICLE 10.9 GUARANTEES

Paper Studio by Zankyou will be responsible for material defects in accordance with applicable legal provisions.

For Users who offer our services to third parties, the warranty period of the items will be 12 months. Additionally, if the order has a higher and / or lower delivery (up to 5%) to the amount requested in the order, no claim can be made.

Except for claims arising from intentional acts, the client's claims for guarantee and damages will be prescribed one year after acceptance. This will not apply if the contractor acts fraudulently.

There is only one additional guarantee for the products supplied by Paper Studio by Zankyou if it has been expressly stated in the corresponding order confirmation.

ARTICLE 10.10 RESPONSIBILITIES

The rights of compensation and claims of the client for damages, losses, injuries, health risks and any violation of essential obligations of the contract are also excluded damages and losses for intentional breach or gross negligence.

In case of breach of the essential contractual obligations, Paper Studio by Zankyou will only be liable for foreseeable damages of the contract if they have been caused by simple negligence, unless it is the client's claims for damages arising from life injuries, physical integrity or health.

Should any claim be filed against Paper Studio by Zankyou, the conditions mentioned in paragraphs 1 and 2 shall apply equally to the entire Paper Studio by Zankyou team, legal representatives and executive assistants.

ARTICLE 10.11 RIGHTS OF WITHDRAWAL OR REVOCATION OF CONTRACT

At the conclusion of the sale, the User has the right to request the cancellation of the contract.

The User has the right to revoke or cancel the contract within 14 calendar days after the creation of the contract without being obliged to give any reason.

In order for the right to cancel or withdraw the contract, the client must formally inform the company: Zankyou Weddings, with address at C/ Pau Claris, 89, Bajos, 08010 Barcelona, with email: help@zankyou.com and telephone: 0845-8677856. Through an official statement via letter, fax or email, in which you establish your decision to withdraw from the contract. The client can make use of the withdrawal form attached below, or send their own model.

There is no right of cancellation for those products that have been 100% personalised for the User and whose production has been made explicitly for him or that are clearly adapted to his personal needs. In general, this applies to the products we offer.

No withdrawal or cancellation rights will be granted to employers or companies that use our services to sell to third parties.

The client must send his or her official declaration of withdrawal or cancelation of contract within the established term, otherwise he or she will not be able to exercise such right."

In the event that the client revokes or desists the contract, Paper Studio by Zankyou will reimburse the amount paid by the client, immediately and with a margin of 15 working days from the official withdrawal notice. This return will include shipping costs except for additional costs that have been raised by the free choice of the User to make use of a shipping method other than the standard offered by Paper Studio by Zankyou.

The refund will be made using the payment method that the User has selected, unless an agreement is reached between both parties to use a different method. Paper Studio by Zankyou will not charge costs for this refund. However, Paper Studio by Zankyou may refuse to reimburse until the User returns all merchandise sent and there is proof of receipt by the company or the User sends documents that support the total return of the products.

The User must immediately and irrevocably return all merchandise that he or she has received once the official contract withdrawal notice has been made. The deadline for the return will be 14 business days, this time period is non-negotiable.

The client will assume the expenses and costs for the total return of the merchandise that he or she has received.

In addition, the User will be responsible and must bear the costs for loss of the products in the event that there is unnecessary handling of the package to be sent.

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