Terms of Use Agreement

1)  General Terms & Conditions

The terms and conditions set forth in this Terms of Use Agreement (“Agreement”) govern your visit and use of the websites, online and/or mobile services, and software provided on or in connection with the service provided by mailber.com. This includes without limitation, the websites or mobile applications located at mailber.com and respective subdomains such as postcards.mailber.com (collectively the “Services”).

By accessing or using the Service, or if applicable, by clicking “PAY AND SEND” you acknowledge that you have read, understood, and agree to be bound by this Agreement and to the collection and use of your information as set forth in the Privacy Policy regardless of whether or not you are a registered user of our Service. This Agreement shall apply to you, including visitors, users, and others who access the Service (“Users”).

The law of the Federal Republic of Germany applies and with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

2)  Use of Service

Note: Mailber UG has been dissolved. Please email contact@mailber.com, should you wish to engage further.

The T&Cs apply irrespective of whether you are a consumer, entrepreneur or merchant.

The version of the Agreement that applies at the time the contract is concluded is definitive.

You may use the Service only if you can form a binding contract with Mailber, and only in compliance with this Agreement and all applicable laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement.

Users are granted a non-exclusive, non-transferable, freely revocable license to use the Services offered for personal and noncommercial use only. Users wishing to use commercially shall contact partners@mailber.com to ensure associated commercial details (e.g.: VAT number) are registered prior to processing commercial orders. This agreement shall still apply to Users that are granted commercial use. Mailber reserves all rights not expressly granted herein, and may terminate this license at any time for any reason or no reason.

3)  Conclusion of Contract

You confirm your understanding that the Services are still under Beta testing, and acknowledge and agree that you will not be compensated for evaluating or for any Beta Input and you shall bear all of your own costs from using the Services.

You agree to use reasonable efforts to beta test the Services. You further agree that Mailber may monitor your use of the Services and to solicit your feedback about such use. Any feedback, suggestions, ideas, or other materials and information collected from or posted by you with respect to hey.mailber.com (“Beta Input”) is solely owned by Mailber. You hereby unconditionally assign all of your right, title and interest in the Beta Input to Mailber.

The presentation and promotion of postcards on our service does not represent a binding offer to conclude a contract. On submitting an order for a postcard via our service by clicking the button “PAY AND SEND”, you are submitting a legally binding order.
A contract only comes about when we accept your order with an email confirmation, by sending the postcard ordered, or by processing the action granted to the owner of the recipient’s email address. Should delivery of the postcard you order not be possible, we will not send an email confirmation or notify you at our discovery. In this case, there shall be no contract and we will return any payments received immediately. When Users elect to use the recipient’s email address instead of the recipient’s postal address, Users grant the owner of the recipient’s email address the right to decide the delivery location or proceeding action of the purchased order.

In using hey.mailber.com, Users design their own individual postcards which includes the graphics and content on both the front and back sides of the postcards. The Users’ designs are then printed according to User specifications. Per § 312d, paragraph 4, number 1 of the German Civil Code, Users have no right of withdrawal.

4)  Delivery conditions and requirement of advance payment

Upon confirmed postal address of recipient, the delivery period for items originating from Germany is typically 1-2 working days domestically, and at least 3 working days internationally; from Canada it is typically 2-4 working days domestically, and at least 4 working days internationally; and from USA it is typically 1-3 working days domestically, and at least 7 working days internationally. The delivery period is subject to local postal operations.

The contract is concluded upon completing the action assigned by the recipient, including but not limited to releasing the postcard to the local postal operator of designated country. The conclusion of contract marks the start of the delivery period.

Mailber reserves the right to deliver only on the receipt of the payment and will notify Users of any unusual delays.

5)  Prices and payment conditions

The purchase price provided on Services refer to gross prices which is inclusive of the cost of postage and statutory VAT, which are displayed on the screen prior to Users placing orders.
The purchase price is due immediately on placement of the order, and it is at User’s discretion to transfer the purchase price to the specified account on our service by credit card.

Until the purchase price is received in full, the good supplied shall remain in our possession.
Unless counterclaims are legally established or uncontested, Users are not entitled to offset against our claims. Offset against our claims are permitted if you are pursuing complaints arising from the same contract. Counterclaim can only be based on the same contract in order for User to exercise a right of retention.

6)  Guarantee

We accept liability for goods supplied in accordance with applicable statutory regulations. The limitation period for statutory complaints is two years and shall begin when the goods are sent or when the action assigned by the recipient is completed.

No guarantee can be provided on the quality of the photos transferred by the User for the production of the postcard. The quality of the photo is the sole responsibility of the User, particularly in ensuring that the resolution of images are sufficient before placing orders.
Mailber accepts no liability for any damage that occurs in transit or any color differences between the original file and the printed postcard.

Mailber accepts no liability for Users’ incorrect input of email address or postal address. Postal service operators may confiscate postcards with explicit/offensive content. Mailber accepts no liability for any postcards that are confiscated or lost in transit.

 

7)  Liability

In accordance to statutory provisions, we cover Users in cases of contractual and non-contractual liability in the event of malicious intent and gross negligence. Liability is only accepted in the event of the breach of a contractual obligation or the negligence of proper execution of the contract, and shall be limited to compensation for typical and foreseeable damage. Liabilities for damages resulting from loss of life, physical injury or damage to health remains unaffected under the German Product Liability Act.

8)  Copyright

The User guarantees that the images uploaded and any texts or media used do not breach copyrights and indemnify Mailber against all claims that the holders of such rights pursue against Mailber on the basis of breach(es) committed by the User. The User assigns to Mailber and its affiliated contractors the right to edit his/her data for processing the postcard, to print it and to pass it on to a delivery company of Mailber’s choosing.

Mailber reserve the right not to produce nor to send postcards with offensive / explicit content, including postcards that might breach the rights of third parties. In such a case, Mailber will notify the User of our refusal to process the postcard and process a refund.