Terms and Conditions

Preamble 

The company “sguud” is a company under Belgian law, registered with the “Kruispuntbank van Ondernemingen” under number 0679 876 463. 

We’ll refer to Sguud and all of its subsidiaries and affiliated companies collectively as “Sguud”, “we”, “our”, “us”, etc. Sguud is a webshop specialising in the Print on Demand sector. The company designs and sells products via Print on Demand-companies. 

The purpose of these general terms and conditions is to determine the rules for use of the webschop. They are concluded between, on the one hand, “Sguud” and, on the other hand, persons, natural or legal, wishing to order products on the webshop. 

The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein. We also have other policies and procedures including, without limitation, Return Policy, Privacy Policy and others.  Those policies contain additional terms and conditions, which apply to the Services and are part of this Agreement. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THIS AGREEMENT.  FURTHERMORE, BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THE SITE, YOU ACCEPT AND ARE BOUND BY THIS AGREEMENT.  If you do not agree to this Agreement, do not use the Site or any other Services.  

Any visit to and/or use of the webshop must be in accordance with these Application Terms and Conditions. 

Summary: Please read these terms very carefully as they form a binding Agreement between you and Sguud regarding the use of our services and website. At the beginning of each Section, you’ll find a short summary to help you navigate the document. Note that these summaries do not replace or represent the full text. 

Sguud reserves the right to modify these GCU of the webshop and purchases at any time, all or part of the provisions of the GCU of the webshop, in order to adapt them to developments in the Services, to technical, legal or jurisprudential developments or when new services are introduced. The GTC applicable are those in force at the date of connection and use of the Application by the User. 

Sguud therefore invites the User to refer, on a regular basis, to the latest version of the Application’s GTC available in the Application and on the Site www.sguud.com. 

Company information, legal notice 

SAS Sguud – Beekstraat 90-3, 9451 Kerksken, Belgium 
EMAIL jens@sguud.com 
ondernemingsnummer 0679 876 463 
Owner Jens De Backer 

Terms & conditions 

1. Modifications 

Summary: We reserve the right to modify our terms, services, and fees. Please follow changes to our terms by checking in with the Policy updates section on our website. 

Without affecting orders for European Economic Area Users or orders for Users in the United Kingdom which Printful has already confirmed Printful reserves the right, at its sole discretion, to modify this Agreement and its terms, as well as the fees and other charges for our Services, at any time.  All such modifications will become effective immediately after Printful posts them on the Site. You shall be responsible for reviewing and becoming familiar with all such modifications, and you agree to review the terms of this Agreement each time you access or use the Site so that you are aware of any modifications made to this Agreement.  Use of the Site and other Services by you after Printful posts the modifications on the Site constitutes your acceptance of the terms and conditions of this Agreement, as modified. If you do not agree to the modified terms, you are not authorized to access or use the Site or other Services, and you must send Sguud a written notification, including via email (and your Sguud account will be deleted), to close your account within 30 days of notice. 

2. Limited Warranty on Products 

Summary: Please read this section very carefully—it covers our obligations and responsibilities for Sguud services. If you have an issue with your order, you may be eligible for a replacement product or refund, so reach out to us as soon as possible. 

Does not apply to Users residing in the European Economic Area or the United Kingdom (see Section 7). 

1. Limited Warranty.  We warrant that, at the time of delivery of a Product to a Customer, the Product will not be materially defective or damaged (the “Limited Warranty”). Customers residing in Brazil have the right to cancel and return their order within 7 days, for any reason. 

2. Who May Use This Warranty?  All Limited Warranty coverage terminates if the Customer sells or otherwise transfers a Product. 

3. What Does This Warranty Not Cover?  This Limited Warranty does not cover any damage to or defect in a Product caused by any of the following: (a) you or third parties; (b) any improper handling (including during shipping), use or storage of the Product; (c) any failure to follow any Product instructions; (d) any modifications to the Product; (e) any unauthorized repair to the Product; or (f) any external causes such as accidents, fire, flood, “acts of God” or other actions or events beyond our reasonable control; or (g) any costs or expenses related to the loss of use of the Product or any other costs or expenses not covered by this Limited Warranty.  This Limited Warranty does not cover any items supplied by third parties, size exchanges or buyer’s remorse.   

Finally, as noted elsewhere in this Agreement, we unfortunately cannot guarantee that the colors and details in our website images are 100% accurate representations of a Product, and sizes might in some cases be approximate.  Accordingly, this Limited Warranty does not cover such matters.   

1. What Is The Period Of Coverage?  This limited warranty starts on the date of the delivery of the Product to the User or the Merchant’s Customer and lasts for thirty (30) days (the “Warranty Period”). For the avoidance of doubt, Sguud acknowledges that according to some jurisdictions the User may be entitled to a longer Warranty Period. 

2. What Are Your Remedies Under This Warranty?  With respect to any materially defective or damaged Product, we will, in our sole discretion, either: (a) replace such Product (or the defective or damaged part of the Product) free of charge, or (b) refund the purchase price paid to us by the User or the Merchant along with the shipping fees corresponding to the defective or damaged Products.  

3. How Do You Obtain Warranty Service?  Promptly following delivery of a Product, you will inspect the Product.  If a Product is materially defective (including any error by Printful and/or Gelato in printing) or damaged upon receipt, or if you received the wrong Product, then in order to be eligible for service under this Limited Warranty, you must submit a claim within the Warranty Period in compliance with our Return Policy. 

1. LIMITATION OF LIABILITY.  THE REMEDIES DESCRIBED IN THIS SECTION 6 ARE YOUR SOLE AND EXCLUSIVE REMEDIES (AND OUR ENTIRE LIABILITY) FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY FOR A DEFECTIVE OR DAMAGED PRODUCT SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT RECEIVED BY US FOR THE PRODUCT, NOR SHALL WE UNDER ANY CIRCUMSTANCES, TO THE FULLEST EXTENT PERMITTED BY LAW, BE LIABLE FOR ANY LOST PROFITS OR REVENUES, DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, ENHANCED OR PUNITIVE DAMAGES OR LOSSES ARISING OUT OF OUR PRODUCTS, REGARDLESS OF (I) WHETHER ANY OF THE FOREGOING DAMAGES WERE FORESEEABLE, (II) WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF INCURRING ANY OF THE FOREGOING DAMAGES, (III) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (IV) ANY SPECIFIC CIRCUMSTANCES OF YOU AND/OR YOUR CUSTOMER.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES OR CONDITIONS WITH RESPECT TO OUR PRODUCTS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THE WARRANTY PERIOD. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 

3. Your rights in the case of lack of conformity 

Summary: If you reside in the European Economic Area or the United Kingdom, this is where you’ll find information on what you can do if there’s an issue with your order. 

If you are a User residing in the European Economic Area or the United Kingdom, the legal guarantees established by Directive 1999/44/EC on consumer sales and guarantees or similar consumer contracts regulations apply to the sale of our products. Consequently, you have the right, free of charge, to get the products repaired (or replaced) within the limits provided by the law, or, in case of failure of one of the remedies above to have an appropriate reduction in the price of the products, or the contract cancelled. Delivery costs for returning the product to be repaired or replaced under this clause shall be borne by Printful, as well as any costs related to the delivery to you of the repaired or replaced product. 

The Products we supply to you are: (1) made to your specification and are clearly personalised with your designs; and may also be (2) sealed for health protection or hygiene reasons, or both. You do not, therefore, have the right to cancel your order or change your mind as set out in our Return Policy. 

4. Payments and fees 

Summary: To pay for Sguud products, you need a valid payment method (e.g. a credit card, PayPal) that you’re authorized to use. All fees will be charged to your payment method, which may but is not guaranteed to be automatically updated. Note that you might need to reimburse us for any chargeback fees for returns or claims that aren’t in line with our policies.  

You may choose to save your billing information to use it for all future orders and charges associated with Sguud Products and/or Services. In such case, you also acknowledge and agree that this information will be stored and processed by third party PCI DSS compliant service providers. Sguud may participate in Account Updater programs. Such programs may allow for your payment card information to be automatically updated if and when there is a change, such as to the payment card number or expiration date. To the extent Sguud participates in such programs and your financial institution or payment card provider is a participant, you agree to automatic updates to your payment card information. However, Sguud cannot guarantee that such automatic updates will be made, so you also acknowledge that you are ultimately responsible for ensuring that your payment card information is current.  

When you order a Product, or use a Service that has a fee, you will be charged, and you agree to pay, the fees in effect at the time the order is placed.  We may change our fees from time to time (for example, when we have holiday sales, offer you a discount of base product prices, etc.). The fees for the Products and the Services (if and as applicable), as well as any associated delivery costs will be indicated on the Site when you place an order or pay for the Service.  

By placing an order through the Site, you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder’s express permission to utilize the card to effect payment. In case of an unauthorized use of a payment method, you will be personally liable for, and shall reimburse Sguud for damages resulting from such unauthorized use.   

With regard to payment methods, you represent to Sguud that (i) the billing information you supply to us is true, correct, and complete and (ii) to the best of your knowledge, charges incurred by you will be honored by your financial institution (including but not limited to credit card company) or payment service provider. 

If you make any return or claim which does not comply with our return policies, you will reimburse Sguud for its losses, which consist of fulfillment costs and chargeback handling fees (up to €15 EUR per chargeback), if applicable.  

We may refuse to process a transaction for any reason or refuse to deliver products to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of refusing or suspending any transaction after processing has begun. 

Unless stated otherwise, you may choose currency from the options available at the Site in which all fees and payments will be quoted. You are responsible for paying all fees, payments and applicable taxes associated with our Site and Services. After receiving your order you may receive an email from us with the details and description of the Products ordered. Payment of the total price plus taxes and delivery must be made in full before the dispatch of your Products. 

Sguud at its sole discretion may offer you various discounts, as well as change, suspend or discontinue them at any time. You may find more information about the available discounts at the Site, in the marketing and promotional Emails or via other channels or events Sguud may use or participate in. 

5. Shipping 

Summary: Once you’ve placed an order, you might no longer be able to edit the order details or cancel it. If you have an issue with the shipment of your order, contact us within 14 days of the delivery or estimated delivery date. In some cases, you may need to reach out to the shipping carrier directly. 

Once you have confirmed your order, it might not be possible to edit or cancel it. If you want to change some parameters, Customer addresses, etc., please check whether such an option is available in your account. We are not bound to make such modifications to your order, but we will do our best on a case-by-case basis.  

The risk of loss of, damage to and title for Products pass to you upon our delivery to the carrier. It shall be your responsibility to file any claim with a carrier for a lost shipment if carrier tracking indicates that the Product was delivered. In such case Sguud will not make any refunds and will not resend the Product. For Users in the European Economic Area or the United Kingdom, the risk of loss of, damage to and title for Products will pass to you when you or a third party indicated by you has acquired the physical possession of the Products. 

If ​​you are a Customer in Germany, Printful will bear the full legal responsibility for the loss of or damage to Products sent to your Customers in Germany in case such loss or damage to Products has verifiably occurred before the Moment of Risk Transfer.  

If carrier tracking indicates that a Product was lost in transit, you may make a written claim for replacement of (or credit to the Member’s account for) the lost Product in compliance with Sguud’s  Return Policy. For Products lost in transit, all claims must be submitted no later than 30 days after the estimated delivery date.  All such claims are subject to Printful investigation and sole discretion. Sguud cannot guarantee delivery to P.O. boxes. 

6. Description of products 

Summary: We strive towards making our product development process the best we can, yet we can’t guarantee that the product representations on our website will be 100% accurate or that the manufacturing stage won’t result in damages. To speed up fulfillment, we also offer you product alternatives in case any of your products are out of stock. 

While many component parts of our Products are standard, all Products available for purchase are described on their specific page on our Site. We always try to represent each design as accurately as possible via photography and copy points provided by designers, artists or photographers. 

We have a policy of continuous Product development so we can provide you with what we consider the best design combined with best performance, and thus reserve the right to amend the specifications of Products, their price, packaging, and any Service associated at any time, without prior notice. Before ordering, we invite you to have a close look at the Product description and design. 

We use our best efforts to provide you with the best images and descriptions, but unfortunately cannot guarantee that colors and details in website images are 100% accurate representations of the product, and sizes might in some cases be approximate. 

Sometimes during the manufacturing process Products can be damaged.  Obviously we won’t knowingly ship damaged items to you but these damaged items can still be used for charitable purposes. 

7. Purchase of products 

Summary: To make sure your orders arrive as quickly as possible, please make sure you submit the correct order details at checkout. Sguud doesn’t take responsibility for missed deliveries due to typos in the delivery information. 

Your order is purchase of a Product for which you have paid the applicable fee and/or other charges that we have accepted and received. Any Products in the same order which we have not accepted do not form part of that contract. We may choose not to accept any orders in our sole discretion. 

Orders are placed and received exclusively via the Site. Before ordering from us, it is your responsibility to check and determine full ability to receive the Products. Correct name of the recipient, delivery address and postal code/zip code, up-to-date telephone number, and email address are absolutely necessary to ensure successful delivery of Products. 

All information asked on the checkout page must be filled in precisely and accurately. Sguud will not be responsible for missed delivery because of a wrong or misspelled recipient name or surname, delivery address or an inappropriate phone number. Should you like to ask for a change in the delivery address, phone number, or any other special requirements, please contact Printful. 

We reserve the right to place your order on hold due to print file issues, security concerns, if we need to confirm your address, or in case of other issues. In case your order will be placed on hold, we will give you 30 days to resolve the issue. If you will not resolve the issue or cancel your order within 30 days, we will cancel the order. In case your order is cancelled, we will only make a refund if work on your order has not started yet. 

8. Delivery 

Summary: While we may provide delivery estimates, we can’t provide guaranteed delivery dates. Once Sguud receives payment for your order (including delivery fees), we fulfill the order and pass it onto the carrier. This is also the moment where you legally become the owner of the products. 

We deliver to most places in the world. You shall cover delivery costs. Delivery prices are additional to the Product’s price and may vary depending on delivery location and/or sort of Products, and additional charges may be added to the order for remote or difficult to access locations that require special attention. Flat rate delivery charges are shown on our checkout page; however, we reserve the right to advise you of any additional delivery charges that apply to your specific delivery address. 

Some Products are packaged and shipped separately. We cannot guarantee delivery dates and to the extent permitted by law accept no responsibility, apart from advising you of any known delay, for Products that are delivered after the estimated delivery date. Average time for delivery may be shown on the Site. It is only an average estimation, and some delivery can take longer, or alternatively be delivered much faster. All delivery estimates given at the time of placing and confirming order can be subject to change. In any case, we will do our best to contact you and advise you of all changes. We try our best to make Product delivery as simple as possible. 

Ownership of the Products will only pass to you/Customer after we receive full payment of all sums due in respect of the Products, including delivery charges and taxes, and deliver the Products to the carrier.  

We make no guarantees with respect to any collaboration we undertake with you, including any collaboration with respect to Services, Products (including new Products) or any integration with a vendor platform. 

9. Release 

Summary: You can’t sue us for anything that we have disclaimed or obtained your release from under this Agreement. 

To the fullest extent permitted by law you release us and all other Sguud Parties from any and all claims and demands, as well as any and all damages, losses, liabilities, judgments, costs, reasonable attorneys’ fees, and other expenses incurred or suffered by any Sguud Party, of every kind and nature, known and unknown, relating to or arising out of any right, claim, or matter (a) which is disclaimed by Sguud (or for which Sguud provides no guarantees) under this Agreement, or (b) for which Sguud is otherwise indemnified or released by you under this Agreement. 

10. Governing Law 

Summary: If any dispute arises between us we’ll apply the laws of the State of North Carolina to resolve it—unless you as a consumer reside in the European Economic Area, Switzerland, or the United Kingdom in which case we’ll follow the laws of the Republic of Latvia. 

This Agreement, and all disputes and claims arising out of or in connection with this Agreement or its subject matter or formation including non-contractual disputes and claims, are governed by the laws of the State of North Carolina, without regard to its conflict of laws rules. These laws will apply no matter where in the world you live or are located but if you are a User living in the European Economic Area, Switzerland, or the United Kingdom the laws of the Republic of Latvia will apply to any dispute arising out of or relating to this Agreement. Notwithstanding the aforementioned, nothing in this Agreement, including the aforementioned choice of law provision, affects your rights as an User living in the European Economic Area or Switzerland to rely on any mandatory provisions of the law of the country in which you are resident. 

For Users in the European Union and the United Kingdom: Alternatively, you can contact the consumer center in your country or you can decide to access the platform for alternative extra-judicial resolution of disputes provided by the European Commission. 

11. Privacy and Personal Data Processing 

Summary: Sguud’s Privacy Policy is an important part of our Terms of Service that explains how your information is used when you use our services. Please read it very carefully. 

Sguud collects your personal data to provide our Services. We are committed to protecting your personal data and privacy and our Privacy Policy details and explains how we are processing Site visitor and User personal information. By accepting this Agreement, you are also accepting and acknowledging our Privacy Policy.