These Terms and Conditions (“Terms”) shall apply to any transaction between Scafos.com ApS. (“SCAFOS”, “we”, “us” or “our”) and its customers (“customer”, “you” or “your”), whether made online (“www.Scafos.com” or “SCAFOS.com”) or at any Scafos location (“Showroom”). Showrooms and SCAFOS.com will be referred together as “SCAFOS Stores”

We strive to give you a satisfying experience every time you visit one of the SCAFOS Stores. Please note that by creating an account, placing an order, and/or making a purchase at any SCAFOS Store, you agree to the Terms set forth below:

 

1. General Information

(a) This agreement governs your use of SCAFOS's site and service, including all orders made or processed for products or services in connection with the site and service. You and Scafos.com ApS., a Denmark corporation providing custom, on-demand merchandise printing, sales, and other related services ("SCAFOS"), are the parties to this agreement. No exceptions to these terms are effective unless SCAFOS has agreed to them in writing.

(b) SCAFOS may change these terms from time to time. If SCAFOS makes changes to these terms, you will be required to read and accept them from time to time to use SCAFOS's site and service. If you disagree with any amendments, you must stop using SCAFOS's site and service. 

2. Use of the Site and Service Generally

(a) SCAFOS owns all intellectual property and other rights, title, and interest in and to its site and service (except for user-provided content). Your use of the site and service does not grant you any right, title or interest to these properties, except as follows. SCAFOS grants you a limited, revocable license to access and use the site and service for its intended purpose: the provision of an online, on-demand, customizable merchandising solution. You may only use the site and service according to SCAFOS's terms, rules, and guidelines found on its site, and SCAFOS may revoke this license and limit your access to the site and service according to Section Termination of Access.

(b) You may not

1. interfere with the site and service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware;
2. modify, copy, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the site and service;
3. use a robot or other automated means to monitor the activity on or copy information or pages from the site and service, except search engines, traffic counters, or similar basic performance monitoring technology;
4. impersonate another person or entity;
5. use any meta tags, search terms, keywords, or similar tags that contain SCAFOS 's name or trademarks;
6. engage in any activity that interferes with another user's ability to use or enjoy the site and service, including activity that places a disproportionate burden on the site and service compared to ordinary use from a single, ordinary user;
7. assist or encourage any third party in engaging in any activity prohibited by this agreement; or
8. use the site and service to promote hate speech, obscenity, or any content that violates  SCAFOS's Ethical Guidelines, which SCAFOS may change from time to time in SCAFOS 's sole discretion.

 

3. Shops

(a) One shop type is available on SCAFOS 's site. This shop is designed and operated by SCAFOS itself ("SCAFOS Shop(s)")

 4. Product Sales

(a) SCAFOS reserves the right, in its sole discretion and at any time after receiving your order, to accept, refuse, place on hold, or cancel any order you place with us, including the right to limit quantities purchased. Once we receive your order, we’ll provide you with an email order confirmation. Your receipt of an order confirmation does not signify SCAFOS’S acceptance of your order or a confirmation of our offer to sell; but simply an acknowledgment that we received your order.

After receiving your order, SCAFOS may contact you to request clarification, additional or missing information regarding your order or your account including measurements - even pictures - or customizations. It is your sole responsibility to deliver the additional information to SCAFOS in a timely and opportune manner. SCAFOS reserves the right, in its sole discretion, to place your order on hold or even cancel it if the requested information is not received in time or is incomplete. Orders on-hold will be automatically canceled: i) 60 days after being placed if there’s missing information, and ii) 30 days after being placed if there’s pending payment.

In the event SCAFOS makes a change to or cancels an order, we will attempt to notify you by contacting the e-mail and/or address/phone number provided at the time the order was placed. If the order is canceled after you have already been billed, SCAFOS will refund the billed amount, as per these Terms.

(b) Information, drawings, figures, technical data, specifications of weight, measurements, and services contained in brochures, catalogs, newsletters, ads, or price lists are purely informational. SCAFOS cannot guarantee the correctness of this information, and if there is any inconsistency between the information described above and the information in an order confirmation email, the order confirmation email controls.

(c) SCAFOS reserves the right to reject orders for any reason or no reason. If SCAFOS rejects an order, it will notify the customer.

(d) SCAFOS's performance of an order is completed when the shipment provider completes delivery to the customer's address, according to the records of the shipment provider. If there is an interruption of delivery, and SCAFOS cannot replace the order in a reasonable amount of time, SCAFOS will notify the customer immediately.

(e) If there is a product defect or if you are dissatisfied with your order for any reason,  Scafos's return policy will apply, which SCAFOS may change at any time in its sole discretion.

(f) SCAFOS as a platform provider cannot pre-examine all print designs created by customers for possible breaches. SCAFOS reserves the right to reject received orders within the legal period of acceptance if, during the ordering process, it becomes known or it is suspected that third-party rights or statutory regulations will be violated by a print design. As the merchandise, is fully customized and in the event the merchandise is ready and SCAFOS finds out about any breach, SCAFOS reserves the right not to refund the customer the ordered value of goods but instead will issue a credit voucher to the customer for use in any of their future order. Scafos reserves the right to cancel an order if the image uploaded by the customer in any way reflects or hurts sentiments of any religion, caste, or creed and or depicts Pornography & obscenity and or is provocative.

(g) The merchandise is a fully customized product created by the user. We keep nothing in stock and thus each order placed is produced solely for the user. Some deviation in size and color is possible. Designs with vertical or horizontal stripes tend to become wavy when printed and thus are properties of the printing technique and not a defect. Also, the product preview on the SCAFOS site is only to create a reference look for the user and not a guaranteed look of the final product.

(h) At Scafos.com ApS, we strive to provide you with the best quality products and services. However, in the print-on-demand industry, certain situations may arise beyond our control, and we want to ensure clarity regarding these scenarios:

i. Quantity Shortage:

In the rare event that the final quantity for dispatch falls short of your original order due to unforeseen circumstances during the production process, we commit to refunding you for the missing quantity. However, under no circumstances will we accept a request to cancel or return the balance quantity simply because the total order quantity was not met. We will fulfill your order to the best of our abilities and refund any discrepancies promptly.

ii. Quality Standards:

While we take utmost care in producing your orders to meet high-quality standards, discrepancies may occasionally occur. If you receive an order and find that a portion of the products do not conform to your quality standards, we will refund you for the non-conforming items. Please note that we are not obligated to reproduce the non-conforming items. Additionally, you cannot request to return the conforming items solely due to the non-conformity of a portion of the order.

iii. Color Variation for Reproduced Quantity:

In cases where it is mutually agreed upon to re-produce the non-conforming or short quantity from your original order, we want to inform you that there may be a slight color variation between the reproduced lot and the initially delivered or produced lot. While we strive to maintain consistency in color, variations can occur due to different production runs. By agreeing to re-produce the short quantity, you acknowledge and accept the possibility of minor color discrepancies between the two batches. These variations will not be considered grounds for a refund or return of the reproduced items, as long as they fall within acceptable industry standards for color tolerance.

5. Delivery & Shipment

(1) In principle, Shipment is made within two weeks from the date when the Customer receives confirmation of his/her order. Delivery dates and times are only binding if they are expressly confirmed as such by SCAFOS in writing.

(2) Delivery is available to Denmark and many other countries: More information can be found at  www.scafos.com/shipping

(3) Delivery shall be conducted by a shipment service provider chosen by SCAFOS. Standard Shipping is Free however customer has to pay for express/priority shipment costs which may depend on order value, and where it is shipped to.

(4) If in exceptional circumstances Delivery is not possible within the period of two weeks after the conclusion of the contract mentioned, SCAFOS shall promptly inform the customer about it in writing, at the latest within the expiration of this time limit, the customer is then entitled to a right of withdrawal, which they, in turn, shall exercise immediately in writing.

6. Prices

(1) For customers ordering from EU states, the prices as given are the gross prices and include the statutory incidental taxes, in particular Value Added Tax. Postage and packing are charged separately for express shipment and shown separately in the invoice. The delivery address is definitive.

(2) For customers from outside the EU all stated prices are net prices. The shipping address is decisive. If according to the statutory regulations, the goods are subject to sales taxes in the recipient country, then these shall be paid additionally upon receipt of the goods. Furthermore, the goods may be subject to import duties which the customer shall pay additionally upon receipt of the goods.

(3) We offer Free Standard shipping but the customer has to pay for express shipping and handling, which may depend on the order value and the delivery location. 

(4) Purchase price, along with shipping and handling charges are immediately payable, without deduction.

7. Payment

(a) Customers may choose to pay by direct debit, credit card, advance payment, PayPal, or other payment methods. SCAFOS reserves the right to limit the method of payment chosen by the customer depending on order value, shipment destination, or other objective criteria.

(b) If the customer selects a payment method or provides payment information that makes it impossible or impractical for SCAFOS to receive payment (for example, the customer's account lacks sufficient funds, or the customer provided incorrect payment information) through no fault of SCAFOS's own, the customer agrees that SCAFOS may add an additional charge to the order to recoup costs associated with the processing or attempting to process the impossible or impractical transaction.

(c) SCAFOS may subcontract third parties to process payment.

(d) If the customer fails to pay, SCAFOS may assign its claims to a debt collection agency and transfer the personal data required for collecting payment to these third parties.

(e) The customer agrees to electronic invoicing only. Invoices will be sent to the customer via email.

(f) The Products are shipped from our contract partner for production in India and thus it is possible that with the Shipment the user receives an invoice with our supplier partner’s name.

8. Title to Products

Until SCAFOS receives full payment for an order and the order is shipped, the title to the goods remains with SCAFOS. Upon transfer of the goods to the carrier, the title and risk of loss passes to the customer. The customer should handle products with care until the transfer of ownership is complete (for example, in case of a product return).

9. Disclaimers

(a) SCAFOS provides the site and service on an "as is" and "as available" basis. SCAFOS does not represent or warrant that the site and service or its use: (i) will be uninterrupted, timely, safe, or secure, (ii) will be free of inaccuracies, errors, or vulnerabilities, (iii) will meet your expectations or requirements, or (iv) will operate in the configuration or with the hardware or software you use. SCAFOS hereby disclaims any and all express or implied warranties, including without limitation, warranties of fitness for a particular purpose, merchantability, and non-infringement to the fullest extent of the law, except to the extent that this agreement provides otherwise. 

(b) You agree that SCAFOS has no responsibility for any damages suffered by you in connection with the site and service, and that use of the site and service, including all content, data, or software distributed by, downloaded, or accessed from or through the site and service, is at your sole risk. You understand and agree that you will be solely responsible for any damage to your business or your computer system or any loss of data that results from your actions and your use of the site and service. SCAFOS does not control or endorse in any respect any information, products, or services offered by third parties through the site and service, and is not responsible for any possible representations and warranties these third parties may make. (c) Due to normal changes in our industry and in our technical production processes, SCAFOS may reasonably deviate from the descriptions and information found in its brochures, catalogs, and other documents with respect to material, color, weight, measurements, design, or other features. (d) SCAFOS may use subcontractors or third parties to provide certain elements of its site and service. You agree that SCAFOS will not be liable to you in any way for your use of these services. 

10. Limitation of Liability

(a) You use SCAFOS's site and service at your own risk.  SCAFOS provides its site and service without any express or implied warranties (See Section 9(a) (Disclaimers) above). SCAFOS is not responsible for the actions, content, information, or data of third parties. You release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against SCAFOS or any related third parties. 

(b) SCAFOS is not liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or relating to the site and service or any agreement between you and SCAFOS, even if advised of the possibility of such damages. SCAFOS 's aggregate liability arising out of or in connection with the site and service or any agreement between you and SCAFOS may not exceed the lesser EUR 50 or the amount of cash actually exchanged between you and SCAFOS within the past six months. Applicable law may not allow the limitation or exclusion of liability described in this Section. In such cases, SCAFOS 's liability will be limited to the fullest extent permitted by applicable law. 

11. User Representations and Warranties; SCAFOS's Right to Refuse Performance

(a) If you upload designs or make changes to products in any way (for example, adding custom text), you represent and warrant to SCAFOS that you have all necessary rights (for example, in trademark, copyright, privacy rights, publicity rights, common law, etc.) to use the text or design without violating the rights of any third party. SCAFOS may, in its sole discretion, refuse to print any designs or text that you submit. However, SCAFOS is not obligated to review any of your submissions.  

(b) You agree to (i) indemnify and (ii) release SCAFOS from all liability (including costs and attorney's fees) for claims relating to the alleged or actual infringement of any third-party rights and any law to the extent that such claims relate to your use of SCAFOS 's site and service.

(c) The customer understands that during the production process, there can be rejects. Scafos reserves the right to use the rejects to make products such as the Scafos Love heart used on our tags and in packing our Swatch Pack. The rejects may also be used in wrapping the Swatch pack using the Furoshiki wrapping technique (Furoshiki is a square piece of cloth or fabric used for gift wrapping, transporting items, fashion, and home decor)

 

12. Intellectual Property Rights

(a) Ownership of Designs and Artworks: SCAFOS acknowledges that the designs and artworks submitted by customers for product creation are the exclusive property of the respective customers. SCAFOS does not claim any ownership rights over these designs and artworks.

(b) License for Production: By using SCAFOS’s site and service to create products from submitted designs and artworks, customers grant SCAFOS a limited, non-exclusive license to produce and fulfill the products based on the provided designs and artworks.

(c) Protection of Intellectual Property: SCAFOS is committed to respecting intellectual property rights and will take appropriate action, including rejecting orders, if it becomes aware of any infringement or violation of third-party intellectual property rights through the submitted designs.

(d) Customer’s Responsibility: By uploading content, you confirm that you own or have the necessary rights and permissions to use the material for custom production. Scafos is not responsible for verifying the rights of uploaded content and will not be held liable for copyright infringements arising from your order.

13. Data Protection

SCAFOS uses the personal data of the customer for appropriate purposes and according to statutory regulations. The personal data given (i.e. name, e-mail address, mailing address, bank details) for ordering products are used by SCAFOS for fulfillment and handling of the contract. This data is treated confidentially by SCAFOS and is not given to any third parties who are not part of the ordering, production, delivery, and payment procedures. The customer shall be entitled to access information on the personal data that SCAFOS has saved about them free of charge. Moreover, they are entitled to the correction of incorrect data, and the blocking and deletion of their personal data, insofar as there is no legal obligation to retain such data.  

14. Place of Jurisdiction – Place of Fulfillment – Choice of Law

 Any dispute between SCAFOS and the customer is subject to Danish law.

15. Termination of Access

(a) SCAFOS may refuse to provide its site and service to you, in full or in part, effective immediately and without notice, for any reason or no reason, but especially if SCAFOS believes that you (or any others whom SCAFOS believes that you act in concert with) have violated or will violate any laws, rights, or term (or the spirit of any term) of any agreement you are a party to with SCAFOS, its affiliates, contractual partners, or users; or if SCAFOS believes in its sole discretion that your use of the site and service may create any risk (including any legal risk) for SCAFOS, its affiliates, contractual partners, or users. Limitations of access may include removal or modification of content that you have uploaded or otherwise sent to or through the site and service. 

(b) If SCAFOS exercises its rights under Section 14(a), or if you delete your account, this entire agreement and any other agreements you have entered into with SCAFOS will survive indefinitely until otherwise terminated according to their terms, if applicable.

16. Miscellaneous

(a) Entire Agreement. This agreement (along with other policies found on SCAFOS's site and service) contains the entire agreement between the parties and replaces all prior oral and written agreements. No oral modifications, express or implied, may change the terms of this agreement. The parties have not relied on any representations or promises relating to the subject matter of this agreement except those contained within the four corners of this agreement. (b) Relationship of Parties. This agreement and other agreements relating to the site and service do not constitute a joint venture, partnership, agency, employment, or fiduciary relationship between the parties, except when one is expressly stated. Neither party nor its agents have any authority to bind the other party, and the relationship of the parties is that of buyer and seller or independent contractors in certain circumstances. (c) Successors, Assignment, and Delegation. This agreement inures to the benefit of and binds the successors, assigns, heirs, executors, and administrators of the parties. However, you may not assign or delegate any right or duty under this agreement without written consent from SCAFOS. Any attempt to do so is null and void. If there is an involuntary assignment, then SCAFOS may reasonably request documentation from your successors or estate to prove that an involuntary assignment of your rights under this agreement has actually taken place.

(d) Means of Notice. Written notices and other communications described herein may be made electronically and are effective when sent or published. You guarantee that the information provided in your orders or user account is accurate and hereby waive all rights or objections relating to not having received notices from SCAFOS because of incorrect or incomplete information. (e) Enforceability and Severability. If any provision of this agreement is held invalid or unenforceable, the remainder of this agreement will remain in full force and effect. If any provision is held invalid or unenforceable with respect to particular circumstances, it will remain in full force and effect in all other circumstances. (f) Waivers. Waivers are only effective when in writing. If SCAFOS waives enforcement of a breach of any term of this agreement, later breaches of the same or other terms are not waived. Accepting late performance of any act or late fulfillment of any condition of this agreement is not a waiver of the act or condition itself. 

(g) Interpretation Rules. "Or" when used in a group of phrases or nouns intends to include any combination of all or any of the items in the group, and not merely one member or the other of such a group. When "includes" or "includes" begins a list of items, the list is not exclusive. All headings used in this agreement are for convenience only and are not to be taken into account when interpreting the meaning of any term of this agreement. (h) Conflicts. If there are any conflicts between this agreement and another agreement between you and SCAFOS, then the terms of that other agreement will be controlled only to the extent they are inconsistent. Otherwise, any additional terms are supplementary to the terms of this agreement. (i) Reservation. SCAFOS reserves all rights not expressly granted in this agreement. (j) No Third-Party Beneficiaries. This agreement does not and is not intended to confer any rights or remedies upon any person(s) other than the parties. (k) Minimum Age. Persons under the age of 13 may not use the site. SCAFOS will not collect, use, or disclose any personal information associated with a person under age 13. 

(l) Retroactive Application. You agree that your acceptance of this version of this agreement and all other agreements incorporated by reference apply retroactively to your user of the site and service prior to the effective date of this agreement.