Terms of Use

Click here for Terms and Conditions

  1. Scope

1.1.  The following Terms of Use apply to all current and future work and service contracts concluded by the Stampowl (henceforth referred to as “Stampowl”) as creator of physical postcards, as service provider relating to the Stampowl-App and the delivery  of the postcards (henceforth “Services” and “App”), with its customers in the app, on the website, via email, phone, fax and other means of communication. These Terms of Use apply to all users of the website, regardless of how and from which nation they access it and encompass all technologies, devices and products on which the website and app of Stampowl are accessible.

1.2. These Terms of Use – as well as the Terms and Conditions – constitute an integral part of any contractual relationship concerning the usage of services concluded by Stampowl and the customer.

 

  1. General Performance Specification

2.1. Stampowl is a service provider, enabling its customers to create and send individualized postcards via an app available on several platforms. Within the scope of its technical and operational possibilities, Stampowl offers its customers the services described below in detail.

2.2. The customer creates a postcard in the app/on the website, Stampowl takes over the design record, processes it into a postcard ready to be delivered, and has the postcard printed by Martini Druck- u. VerlagsgmbH. Afterwards, the postcard is delivered to the addressee named by the customer via Österreichische Post AG (www.post.at). For its services Stampowl charges a flat fee per postcard, inclusive of processing, printing, taxes, fees and charges, postage and delivery, the amount of which is displayed on the app/website.

 

  1. Technical Requirements

3.1. In order to use the services of Stampowl, certain technical requirements must be met by the device of the customer. These technical requirements may be obtained via www.stampowl.com.

 

  1. Registration

4.1. Upon registration via the website and/or app, the customer receives access to the service platforms of Stampowl. In order to use the services, the customer requires an access identification provided by Stampowl and consisting of user name (User-ID) and password. Following registration and a check by Stampowl, the access authorization is sent to the customer via email.

 

  1. Entry of Extended User Data 

5.1. Extended user data can be entered voluntarily after the initial login. Extended user data, such as title, name, surname, job title, and phone number are used for the personalization of the individual user account. The user data may be completed or modified at any time under “Account/My User Data”.

 

  1. Process

6.1. The postcards available for order can be designed individually via an app. On one side, they consist of a text window, an address field (recipient) and a recipient field. On the other side, there is an empty space, into which a photograph/motive, selected by the customer and digitally transmitted via the app, is inserted. After receipt of order and payment, the transmitted pictures/motives can neither be edited by the customer nor by Stampowl.

6.2. Apart from the picture option described above, customers have the option to “send” videos and audio messages transmitted to Stampowl via the app (the corresponding technical specifications are indicated by Stampowl in the app) as postcards. Stampowl stores the digital content on an encrypted server; the only access is possible via a QR code generated by the app, which during the ordering process is placed and subsequently printed on the postcard instead of a picture. With the QR code, the contents of such video and audio messages can be played as often as desired for six months, after which they are deleted by Stampowl without prior notice and without backup.

6.3. The customer grants Stampowl the right to process and reproduce the transmitted data free of charge solely for the purpose of processing and executing the order and the provision of video/audio content, respectively.

6.4. Stampowl furthermore reserves the right to delete the contents of video and audio messages at any time – without prior notice – at its own discretion, in particular if they are morally objectionable and/or illegal (cf. art. 8.4.).

6.5. Stampowl is entitled to place individual advertisement content on the back of the postcard (text window/recipient field).

6.6. Stampowl is not obliged to check the transmitted pictures and the video/audio messages on correctness, completeness, and compliance with moral standards and statutory regulations. If an infringement of moral standards or applicable law is discovered, Stampowl is not obliged to ship the postcards. In such a case, the customer is not entitled to a refund of the already paid price.

6.7. For a proper delivery, the customer must give the correct address of the recipient. Should this not be the case, Stampowl is not liable if delivery is impossible; Stampowl does also not give any warranty for this (cf. art. 6.7. Terms).

 

  1. Availability

7.1. Generally, the app/website is available to customers 24 hours a day, seven days a week, excluding necessary maintenance periods. If orders are placed on weekends or bank holidays, they are accepted and processed on the following working day and immediately forwarded to production (cf. art. 2.8. Terms).

 

  1. Abuse by Customers/Blocking of Accounts

8.1. The customer will exploit all reasonable and adequate technical and legal possibilities to verify proper usage and prevent abuse, use in violation of the contract, breach of granted access and usage rights and other disturbances.

8.2. The customer is fully and solely responsible for the picture transmitted by him and the content of the video/audio message. The customer alone is responsible to clarify all questions and problems related to competitive, trademark, copyright, or naming rights, especially potential infringement of third party rights, before ordering. Stampowl does not assume any liability concerning this matter. Should third party rights be infringed due to the customer’s unauthorized usage of photographic/video/audio material, and claims be asserted against Stampowl, the customer will indemnify and keep Stampowl safe and harmless in this matter.

8.3. With each order, the customer confirms that he holds all rights to the transmitted photographic/video/audio file and that the contents of the file do not infringe moral standards and/or applicable law. If a person or persons is/are pictured or can be seen and/or heard on the transmitted picture and/or video/audio file, the customer furthermore confirms through his order that he has obtained the consent of said person or persons for the editing, reproduction, publication and processing of the picture and/or video or audio message.

8.4. Any breach of these customer obligations, especially the obligation to observe third party rights, constitutes an abuse of the service offered (app/website). If Stampowl determines a potential abuse or a breach of the customer obligations, Stampowl will block the customer’s access until the circumstances are clarified and notify the customer hereof. If the suspicions were unfounded, the access will be unblocked. Otherwise the account will remain blocked until Stampowl has settled the dispute with the customer.