Last Updated: August 12, 2018
I. Your Account
You can create an account if you are at least 13 years of age and submit certain requested information to Cetacean Cousins including your name and correct email address. As a customer, you must provide Cetacean Cousins with true, accurate, current, and complete information about yourself when such information is requested (whether by questionnaires, surveys, registration forms, or other informational requests). You are responsible for preserving the confidentiality of your account and password and for restricting access to your account, and are responsible for all activities that occur under your account or password. You will notify Cetacean Cousins of any known or suspected unauthorized use of your account.
II. Privacy Notice
We respect your privacy and have taken specific steps to protect it. Your submission of personal information through the Services is governed by our Privacy Notice.
III. Order and Shipping Information
To place an order, you may click “Add to cart” on the product page. You will be able to specify the quantity of photos and then you may click “Add to cart.” Once you are in your shopping cart, you will be able to review your products, and/or remove your products before placing your order.
Your order constitutes an obligation to pay, subject to acceptance by Cetacean Cousins and Snapfish at our sole discretion. Your order is accepted by us when we dispatch the goods to you. An order confirmation does not signify an acceptance of your order, but is merely to confirm receipt of your order. We will send you a dispatch confirmation. Cetacean Cousins and Snapfish reserves the right to cancel any order prior to delivery at our discretion, whether or not you have already been charged, in the event of any material errors in connection with your order or the price or other conditions published on the Services relevant to your order, or if any further verification of your credit conditions or records so warrants. If you have already been charged and your order is cancelled pursuant to this section, Cetacean Cousins will automatically refund you. As the products are individually produced, an approximate availability and delivery time are shown alongside the product description prior to order completion. The products will be delivered as soon as they are available. The times are estimates only and cannot be guaranteed. Delivery will however occur at the latest within thirty (30) days from the order’s acceptance by Cetacean Cousins and Snapfish.
All prices are subject to the delivery charges that are stated on our Services, as well as any applicable taxes, duties, fees, or levies. Where applicable, all prices are inclusive of value added tax (VAT) or goods and services tax (GST), at the appropriate rate. Cetacean Cousins and Snapfish reserves the right to change the prices published on the Services at any time, however, orders already submitted to us shall not be affected by such changes.
Please note that merchandise may include logos or brand elements that are owned by Cetacean Cousins and Snapfish. We seek to ensure that these Cetacean Cousins and Snapfish brand elements are subtle, and they often appear on the back of the product. If you have any additional questions about how these elements may appear on your product, please contact us.
IX. No Right to Withdraw
There is no right to withdraw as all goods and services on our websites are made to your specification. However, if goods or services are faulty, the terms under Notice of Defects apply.
X. Notice of Defects
If you are a consumer under applicable laws, the following applies without prejudice to your rights under the legal warranties as described above:
(1) Your acceptance of the products occurs upon delivery of the products and will be presumed unless you notify us of defects by visiting www.snapfish.com/help as soon as reasonably possible but in any case no later than within 28 days after the delivery, or in the case of non-delivery, you must notify Snapfish within a reasonable time after the products were expected to arrive.
(2) Please specify the delivery note/invoice number when reporting defects.
(3) Please note that only technical inadequacies, which were avoidable with the technology available is considered a defect, but does not include aspects of personal taste. Differences in color between the images and the original image data are not a defect. There is no defect if reduced quality is due to the poor quality (for example, low resolution) of the original image data.
(4) It is important to notice that all sizes mentioned on the Services are approximate and some deviations can be expected as the products are created on an individual basis.
Cetacean Cousins and Snapfish may terminate your account (or any part thereof) or your use of the Services, and remove and discard any Content at any time, for any legitimate reason, including: (i) conduct that violates these Terms or other policies or guidelines set forth by Cetacean Cousins and Snapfish elsewhere within the Services, (ii) conduct Cetacean Cousins and Snapfish believes is harmful to other Cetacean Cousins and Snapfish users or the business of Cetacean Cousins and Snapfish , or (iii) failure to maintain Active Participation in the Services. You agree that, to the extent permitted by applicable law, we will have no liability whatsoever to you or any other party as a result of a termination of your access to our Services, the website or mobile application, to your account and/or as a result of the deletion of any information, files or materials in or related to your account.
VII. Choice of Law
Please review Snapfish’s Choice of Law
VIII. Modification of Terms
Cetacean Cousins and Snapfish may amend these Terms at any time and for any reason, including the right to terminate all or any part of the Services. You will be notified of any amendments or modifications made by Cetacean Cousins and Snapfish to these Terms and given an opportunity to accept the new Terms.
IX. Entire Agreement
These Terms constitute the entire agreement between you, Cetacean Cousins and Snapfish governing your use of the Services. In the case of inconsistencies between these Terms and any information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You may also be subject to additional terms and conditions that may apply when you use Cetacean Cousins and Snapfish Affiliate services, third-party Content, or third-party software.
The failure of Cetacean Cousins and Snapfish to exercise or enforce any Term will not constitute a waiver of such Term. If any Term is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Services or these Terms will be filed within one year after such claim or cause of action arose, or be forever barred.