Leverantörsvillkor

TERMS & CONDITIONS FOR PHOTOGRAPHERSAND ARTISTSUSE OF THE WEBSITE

Please read carefully the following terms and conditions before using this website under the domain name www.printler.se and www.printler.com (the “Website”).


1. General

The Website is the property of Printler Groupt AB, 559114-9173 (“Printler”). By accessing and using the Website, you acknowledge and agree to abide by these terms and conditions.


2. The Service

Printler offers a wall art print market where photographers and artists (“you” and/or the “Seller”) can upload wall art to an online wall art gallery. Private individuals and/or companies/organizations can purchase high-quality large format prints (each a “Print”) and/or posters (each a “Poster”) through the Website.


3. Registration

Registration to this Website is free. When you register, you shall provide Printler with current, true and complete information as requested in the registration form. You are responsible for keeping your information updated and complete at all times. You are only allowed to register one account.

You expressly understand and agree that you will be entirely responsible for any and all access to and use of your account.

When you upload wall art through the Website, you warrant that you have the legal capacity and are of legal age (e.g. 18 years in Sweden) or have the legal consent to enter into and legally bind yourself to the obligations set forth in these terms and conditions.


4. Rules of conduct

You may use the Website for lawful purposes only. You may not disgrace or in any other way defame people visible in your uploaded wall art. You expressly understand and agree that when uploading wall art to the Website or when communicating via the Website you may not post, transmit or otherwise distribute illegal material.

You undertake not to:

i)  defame, abuse, harass, threaten or otherwise violate the legal rights of others or of any third party including Printler,

ii)  in any manner publish or post any inappropriate, defamatory, infringing, obscene, pornographic, racist, terrorist, indecent or otherwise unlawful topic, material or information,

iii)  contribute to destructive activities such as dissemination of viruses, spam or any other activity that might harm Printler or the Website in any way,

iv)  publish or otherwise make available, images, wall art or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consent to such action,

v)  falsify or delete any information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or other material contained in the wall art, and

vi)  download any content available through the Website that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner that results in copyright infringement.


5. License renumeration

Unless otherwise instructed by Printler, you are allowed to upload and store fifteen (15) to thirty (30) pieces of wall art in your online wall art gallery on the Website at the same time. Please note that all uploaded wall art must, at all time, comply with the conditions set forth in these terms and conditions and if you delete uploaded wall art from your gallery Printler shall always be entitled to fulfil orders effectuated before such deletion.

When you upload wall art to your online print shop on the Website, you grant Printler a non- exclusive, worldwide, perpetual license to print, sell or in any other way commercialize such wall art in the format preferred by Printler in its own discretion.

This means that you must be the creator and owner of the copyright of the photograph or the proper holder of the rights to the wall art in order to upload to the Website.

Printler reserves the right to, in its own discretion, at any time and without previous notice, reject the upload of a piece of wall art or delete a piece of uploaded wall art to your print shop on the Website.

Printler reserves the right to, free of charge, use uploaded wall art as part of Printler’s marketing actions, including sending demo examples to influencers and other third parties.

To ensure that the uploaded wall art is suitable for large format prints, each uploaded piece of wall art shall be taken with appropriate camera equipment and meet the following technical requirements:

i)  resolution: at least 10 Megapixels (although 14 Megapixels or higher is preferred),

ii)  quality: JPEG:12, and

iii) colour profile: RGB-profiles are required (Adobe RGB is preferred).

You understand and agree that prior to uploading a piece of wall art, you or the seller’s rights (as applicable) to be mentioned as seller, photographer, artist or copyright holder have been waived.

Wall art which contain identifiable individual(s) and/or property and other design elements forbidden to the wall art, must be accompanied by a signed document in which the individual(s) or rightful owner give his/her/their/its consent.

The Sellers are entitled to remuneration equal to 20 percent of the customer price (excluding VAT) for all Posters. For Prints, the remuneration equals 25 percent of the customer price (excluding VAT).

For Sellers registered for Swedish F-tax with a VAT number, Printler offers and the Seller hereby accepts to use self-billing (Sw: självfakturering) and Printler will consequently, on the Sellers’ behalf, prepare and issue such invoice and then settle the invoice.

In order to arrange for such self-billing, the Seller hereby accepts and confirms that:

  1. Printler can issue invoices on the Seller’s behalf,

  2. the Seller won’t issue invoices for any sold Posters/Prints (since Printler will issue the invoice

    on behalf of the Seller), and

  3. the Seller will inform Printler as soon as it ceases being registered for F-tax and VAT.

Printler undertakes to include information in the invoice stating that it is a self-billing invoice. For the avoidance of doubt, the Seller will always be responsible for the invoices and their correctness.

Should the Seller become aware of a mistake or an incorrectness in an invoice, the Seller undertakes to notify Printler in writing within 10 days of the Seller’s receipt of such invoice. If such notice is not given, the invoice will be deemed accepted by the Seller.

Remuneration to the Seller is paid monthly in arrears after a Print/Poster has been sold and paid for by the customer, and the customer’s period for cancellation (Sw: ångerrätt) has expired.

Payment of remuneration to the Seller is made only through PayPal. It is the Seller’s responsibility to create and assign a PayPal account to be used for settling payments hereunder.

The Seller shall always be responsible for any and all taxes and fees associated with the remuneration paid out by Printler, and hence, the remuneration paid shall be deemed to include any and all such taxes and fees, and Printler shall under no circumstance be liable to pay any additional taxes or fees to the Seller or any third party.


6. Intellectual property rights and warrants

Except for what is stated in these terms and conditions, all intellectual property rights related to the uploaded wall art shall remain the sole and exclusive property of the rightful owner.

By uploading a piece of wall art to the Website you explicitly warrant that you own or control the rights thereto or have received all necessary consent to such action.

By uploading a piece of wall art to the Website you explicitly warrant that you have received proper consent from any and all individual(s) depicted in such wall art. Upon written request from Printler you undertake to provide written evidence of such consent. Printler retains the right to request additional consent from any and all individuals depicted in any wall art uploaded to the Website.

By uploading a wall art to the Website, that is subject to copyright legislation, you explicitly warrant that you have received proper consent from the rightful copyright holders.


7. Data protection and privacy 

Printler cares about privacy and protecting the personal data processed by Printler and all personal data is processed in accordance with applicable data protections legislation.

Visits to the Website can be made without having to provide any personal data or accept cookies. However, if you choose to use our services and register yourself on the Website, you will provide us with personal data. Information about how we collect, process and share such personal data is provided below. Further down we also provide information about the rights you have in relation to us as controller of your personal data as well as our contact details.

What personal data do we collect and process?

The personal data Printler collects and processes is given names and surnames, e-mail addresses, telephone numbers, place of residence, addresses, personal ID numbers, PayPal- account name, logging, IP-addresses and device information.

What are the purposes of our processing?

The purposes and aims of the processing of personal data are to:page5image4157914880

i)  create user accounts

ii)  create presentations of the Seller,

iii)  arrange payments, and

iv)  register user logins and Facebook retargeting.

In relation to iv) above, Printler also use cookies (for more information see cookies).

The name of the Seller may be published on the Website next to the Seller’s wall art. Please notify Printler in case you do not want your name to be published. Printler may use your name in connection with images for marketing purposes through blogs and other social media. Printler may also use personal data as a basis for business and methodology development as well as for statistical purposes, risk management and marketing purposes.

What is the legal basis for Printler’s processing?

The legal basis for processing personal data is administrating the relationship and performing our obligations under the terms and conditions of this agreement.

When Printler processes personal data in order to analyse and develop our business, and for marketing communication, processing is based on our legitimate interests in improving and marketing our business.

Who has access to the personal data that we process?page5image4158006928

Other than as provided in these terms and conditions, Printler will not share the personal data which you provide with any third party.

Printler will not disclose personal data to third parties other than when (i) it is specifically agreed between Printler and you, (ii) when it is necessary within the framework of the services to exercise your rights, (iii) if is necessary for Printler to comply with statutory duty or to comply with government or court decisions; or (iv) in the event that Printler hire an outside service provider who performs assignments on Printler’s behalf. These service providers are then required to use your personal data only on Printler’s behalf in accordance with Printler’s instructions and may not use the personal data for their own purposes.

As said under section 5, Printler uses PayPal for payments. Therefore, certain personal data will need to be submitted to PayPal when you create a PayPal account.

Personal data will not be disclosed to third parties for marketing purposes in any way other than as follows from these terms and conditions.

Transfers to third countries

Printler will not transfer personal data to any third country (i.e. a country outside of the EU/EEA).

How long will we keep personal data?

We do not save your personal data longer than necessary given the purpose of the processing, unless otherwise required or permitted by law.

What rights do you have in connection to our processing of your personal data?

You have the right to know what personal data we process about you. You also have the right to request that we rectify or erase inaccurate personal data about you. You are also entitled to object to specific processing of personal data and request that processing of personal data shall be restricted. Finally, you have the right to receive, in machine-readable format, personal data you have provided, and have the data transferred to another party for data protection.

Security

Printler shall take all appropriate technical and organisational security measures which are necessary to the safeguard the personal data against unauthorised access, modification, or destruction. However, providing personal data over digital channels always entails a risk since it is not possible to completely protect technical systems from unauthorised access.

Personal data breach

In case of a personal data breach, Printler shall notify the supervisory authority (the Swedish Data Protection Authority) and you as required by law.

Printler shall always record any personal data breach including the facts surrounding the breach, its effects and the remedial action taken.

Cookies

The Website contains cookies. These cookies are used for various functions such as user login and Facebook retargeting.

Facebook retargeting has the following meaning. When you visit and navigate on the Website your web browsers can collect and store small pieces of data known as “cookies.” Your information gathered by browser cookies is then sent back to Printler’s server which tracks and records your behaviour on the Website. This allows Printler to send posts or ads to you via Facebook (provided that you have Facebook and that you accept the use of cookies).

If you do not accept the use of cookies, you may turn cookies off in your browser’s security settings. However, this may limit the functionality of the page.

Contact information

Printler Group AB (org. nr. 559054-5827) is the controller of the personal data processing as described above. This means that we are responsible for ensuring that the personal data are processed correctly and in accordance with applicable data protection laws.

If you have any questions regarding’s processing of your personal data, please feel free to contact us by email to dataprotection@printler.com or by regular mail to Printler at:

Printler Group AB
Att: Chief Executive Officer
Utansjövägen 2
122 47 Enskede
Sweden

Anyone who has objections to, or comments on, the way we process their personal data is entitled to contact or file a complaint to the Swedish Data Inspection Board (Sw. Datainspektionen), at datainspektionen@datainspektionen.se or 08-657 61 00, which is the supervisory authority for our processing of personal data.


8. Limitation of Liability

You expressly understand and agree that Printler or its service providers shall in no event be liable for any direct, indirect, consequential, exemplary, incidental or punitive damages, including but not limited to, lost profits, damages due to business interruption and damages due to loss of data or information, arising out of or in connection with your use or inability to use the Website.

Printler shall not be held responsible for any infringement in third party rights caused by the wall art uploaded to the Website.


9. No warranties

You expressly understand and agree that your use of the Website and the services provided by Printler is at your sole risk. The Website is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, Printler expressly disclaim all warranties of any kind. Printler does not warrant that the Website will meet your requirements of it or that the use of the Website will be uninterrupted or free from errors.

Any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or other device or loss of data that is a consequence from your actions while visiting the Website.


10. Indemnification

You agree to hold harmless and indemnify Printler, its affiliates, officers, employees, advertisers, licensors, suppliers or partners from and against any third party claim arising from or in connection to your use of the Website, breach of these terms and conditions, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and lawyers' fees, of every kind and nature.


11. Miscellaneous

Sellers shall under no circumstances be considered employees or affiliated in any other way with Printler.

You are responsible for all taxes and fees associated with the remuneration paid out by Printler. For the avoidance of doubt, Printler does not take responsibility for your taxes, fees, tax-declarations or remunerations of any kind related to your use of the Website.


12. Term and termination

Printler may, at any time and for any reason, amend these terms and conditions by publishing the amended terms and conditions on the Website. The amended terms and conditions shall automatically be effective ten (10) days after they are published. These terms and conditions are effective as of 17th November 2019. Either party may terminate this agreement for any reason upon ten (10) days prior written notice.


13. Severability

If any provision of these terms and conditions is found invalid or unenforceable, such provision shall be limited, modified or severed to the minimum extent necessary to eliminate its invalidation or unenforceability so that the balance of these Terms remain in full force and effect.


14. Governing law and disputes

These terms and conditions and all issues concerning them or any matter in relation to services performed by us are to be construed in accordance with Swedish substantive law and be settled exclusively by Swedish courts, with the Stockholm District Court (Stockholms tingsrätt) as the court of first instance. The legal proceeding will be conducted in the Swedish language.