Terms of Use
Last updated: 2021.16.11.
The Terms of Use of the website www.picturehappy.lv are binding to every User of the website www.picturehappy.lv.
1. Registration.
1.1. By creating and registering a User Account on the website www.picturehappy.lv, hereinafter referred to as Picture Happy, you consent to the present Terms of Use, hereinafter referred to as the Terms, and this consent will further serve as a legally binding between the User and SIA "PH Print" (Picture Happy is owned by SIA "PH Print").336
1.2. After registration, the User receives free-of-charge disk space of 2.5 GB for the purpose of uploading digital photographs to their Picture Happy User Account.
2. Services.
2.1. Picture Happy offers the User to create a User Account on the website www.picturehappy.lv, to upload and store their personal photographs onto the website, to conveniently view and use Picture Happy product creation editors, to make the User’s own layouts (digital design files) of photo products (books, calendars, canvas, etc.), hereinafter referred to as the Services, as well as to order photography printouts, production of books, calendars and other photo products.
2.2. Production of orders is automated and the order is completed solely based on the file information submitted in the order. Picture Happy does not process or change the files submitted for printing.
2.3. Picture Happy ensures printing and production of the User’s digitally created product, using materials of Picture Happy, specification of which is available on the www.picturehappy.lv website in description of the respective product.
2.4. Picture Happy reserves the rights to change the offer of services, availability of products, as well as change their price without a prior warning.
3. User E-mail and Password.
3.1. By agreeing to become a Picture Happy User, you need to specify an active e-mail address that is available to you and a password created by you.
3.2. The User is fully responsible for the strength and confidentiality of their account’s password. We recommend using a safe password on your account, which is not used on other websites of service providers.
3.3. Picture Happy shall not be responsible for safety of an account’s contents in case the User has handed over the account access data (e-mail and password) to a third party.
3.4. The User must immediately notify Picture Happy if there is a security breach or unauthorized use of the account. Picture Happy is not responsible for any damage caused by unauthorized use of the User's account.
4. Conditions to keep User status.
4.1. The User shall comply with the present Terms and act in accordance with them. Should the User fail to comply with the Terms, Picture Happy shall be entitled to discontinue the User’s access to the Service, delete the User Account and all its content without a prior notice to the User.
4.2. For the User to keep their free-of-charge Picture Happy User Account, including the granted space, uploaded photographs and created projects, at least 1 order of any of the photograph products must be made at least once in 6 months. Should the User fail to comply with this condition for any reason, Picture Happy shall be entitled to discontinue the User's access to the Service, delete the User Account and all the User’s Content created while using the Service without a prior warning to the User.
5. User created Content.
5.1. In the Picture Happy account, the User may upload their digital photos, create a personalised designs of photo products (photo prints, books, calendars, canvasses, etc.), order production of photo prints, photo books, calendars and other products offered on the website.
5.2. The User is not allowed to use the Service to process and upload any Content prohibited by legislation of the European Union (EU), as well as to order printing and production of such content.
5.3. Picture Happy retains the rights to freedom of action to take any necessary measures with regard to incorrect usage of the Service.
6. Uploading and storage of digital photos.
6.1. Picture Happy recommends making backup copies of your digital photographs and store them with you in any of the available storage types. The User shall not use the Picture Happy website as a storage of photos or an output data resource!
6.2. The User agrees that Picture Happy is not responsible for any damages or losses in the User Account.
6.3. Storage time of the uploaded photo files on the User Account is 14 months.
6.4. Storage time of the unordered projects on the User Account is 6 months.
7. Quality of product content and colour depiction in printouts.
7.1. The User must take into account that any physical printout's colours may differ from the colours visible on the computer, phone and other digital devices, since colour saturation, light, brightness and other parameters can be adjusted on them.
7.2. There may be colour differences between the digital photograph submitted by the User and the physical photo printout, especially if the original digital photographs have been processed – changed contrast, colour brightness, light, temperature, sharpness and other parameters.
7.3. Colour difference is possible between two or more physical printouts made by Picture Happy, if the same file has been printed on different printing equipment entailing a different printing technology, as well as if it is printed at different times, at separate printing occasions.
7.4. Picture Happy does not bear any responsibility for the product quality in case the following is used in the order:
7.4.1. low quality photographs, including low resolution images that might be insufficient for printing;
7.4.2. if dark or too illuminated photographs are submitted;
7.4.3. if photographs with specific filters, or processed photos are submitted;
7.4.4. text with mistakes, including spelling, grammar, font selection mistakes or other textual errors or omissions;
7.4.5. incorrectly selected product, including product type, size, style, colour and design layout;
7.4.6. product containing pages without photographs and text.
8. Placing an order and liability of the User
8.1. The User makes product designs – photo books, calendars, photo prints, canvasses, etc., using photographs uploaded to their profile and original texts. The User shall provide good quality photo files to Picture Happy so that Picture Happy would be able to make good quality products. Files must meet the minimum quality, i.e., sufficient resolution or DPI (number of dots per inch). The User must take into account that DPI changes when a file's print size is changed – the larger the print, the lower DPI is and vice versa.
8.2. The User must take into account that a printout's colours may differ from the colours visible on the screen of a computer, phone and other digital device, since colour saturation, light, brightness and other parameters can be adjusted on these devices.
8.3. PHOTO PRINTS.
8.3.1. An order is created in the section “Photo prints”.
8.3.2. The desirable resolution of uploaded photos to be printed is 300 DPI.
8.3.3. When ordering photo prints, the User selects the print size, paper type, whether automatic colour correction is or is not performed on the images, as well as chooses one of the photo print framing types:
8.3.3.1. Image up to the edges – automatic cropping of the image where the main reference point for cropping is the center of the photo. Everything that does not fit into the selected photo print size is cut off.
8.3.3.2. Image fit into size – the image is fit into the print size, by adding white margins on the sides or top and bottom of the printout.
8.3.3.3. Manual cropping in the “Edit” section – if side length of the file does not match the side length of the selected photo print size, the photo print size is changed or manual cropping of the images is applied.
8.4. PHOTO BOOKS.
8.4.1. An order is created in the section “Photo books”.
8.4.2. The desirable resolution of uploaded photos to be printed is 200 DPI.
8.4.3. Creation of a book can be started after images have been uploaded to the User Profile.
8.4.4. Attention! It is not possible to transfer a book created in the editor of one book type to an editor of a different book type.
8.4.5. The User chooses a book type, its cover type, picture and text layouts, and the number of available pages. In the “Settings” section, the type of paper and printing level is selected.
8.4.6. The minimum number of pages is 24 for the books Bella, Hetti, Classic, Inst, and 22 for the book Rossa.
8.4.7. In order to ensure creation of a good quality product, the User must take into account warnings of the Picture Happy book editor (exclamation mark when a low quality picture is inserted or a text frame warning that the text does not fit into the field).
8.4.8. Prior to placing a book into the shopping basket, the User shall confirm that they completely agree to the created content of the book and that the product is to be submitted for making.
8.5. CALENDARS.
8.5.1. An order is created in the section “Calendars”.
8.5.2. The desirable resolution of uploaded photos to be printed is 200 DPI.
8.5.3. Creation of a calendar can be started once images have been uploaded to the User Profile.
8.5.4. The User chooses the calendar type they want to order.
8.5.5. Attention! It is not possible to transfer a calendar created in the editor of one calendar type to an editor of a different calendar type.
8.5.6. The User chooses the picture layouts, what year and month the calendar starts and ends with (the minimum number of months to be included in the calendar – 12 months).
8.5.7. In order to ensure creation of a good quality product, the User must take into account warnings of the Picture Happy calendar editor (exclamation mark when a low quality picture is inserted or a text frame warning that the text does not fit into the field).
8.5.8. In order to ensure creation of a good quality product, the User must take into account warnings of the Picture Happy calendar editor (exclamation mark when a low quality picture is inserted or a text frame warning that the text does not fit into the field).
8.6. CANVAS.
8.6.1. An order is created in the section “Canvas”.
8.6.2. The desirable resolution of uploaded photos to be printed is 150 DPI.
8.6.3. It is possible to create a canvas order after uploading pictures to the User Profile.
8.6.4. The User chooses the canvas size, photo placement, processes the photos.
8.7. MAKING CHANGES TO AN ORDER.
8.7.1. It is not possible to make content changes to a Customer's order after its production has started (order status in the Customer profile – “in production”).
8.7.2. An exception applies to changing the delivery address, telephone number and place of delivery while the order has not been given for delivery. These mentioned changes can be made by contacting customer service, writing a message to the e-mail address info@picturehappy.lv, and specifying the information necessary to make the changes.
8.8. PROMOTIONAL CODE.
8.8.1. If the User has not used the specified valid promotional code when placing an order, no discount is applied.
8.8.2. Once an order has been paid, it is no longer possible to manually apply a promotional code to the order.
9. Privacy policy.
Proceed to section Privacy Policy.
10. Gift cards.
10.1. The available Picture Happy gift card nominal values are €15, €25, €35. They can only be used to purchase the products offered on the website www.picturehappy.lv.
10.2. The gift card nominal, or any unused part thereof shall not be refunded in form of money or swapped for a different gift card, and unused gift cards shall not be accepted to be exchanged for money. The unused part of the User’s gift card on the Picture Happy User Account is saved as credit that can be used solely on the Picture Happy website, and money shall not be returned for it.
10.3. If an order that you want to pay for with a gift card exceeds the available sum of your gift card, the difference shall be paid by one of the offered payment types. A gift card shall not be renewed in case it is lost, stolen or damaged. It is responsibility of the gift card owner to keep and to not disclose the unique code of the gift card to other persons.
10.4. The validity period of a gift card is 12 months from the moment of purchasing it.
10.5. Validity period of a gift card cannot be extended.
10.6. Ownership of gift cards and the risk of losing them transfers to the buyer from the moment of their purchase.
10.7. Picture Happy shall not bear any responsibility in case a gift card is lost, stolen, destroyed or used without permission of the gift card’s owner after its purchase.
11. Order fulfillment and payment conditions.
11.1. All prices given with VAT included. Order fulfillment is started only after payment is received:
11.1.1. when making payment via bank transfer, the date when the money enters the bank account of SIA "PH Print" shall be regarded as the time of payment;
11.1.2. when payment is made with a bank payment card, the time of order placement shall be regarded as the time of payment.
11.2. When making payment via bank transfer, the order number must be specified in the payment order. In case a payment is not made for a placed order, we shall retain information about this order for 30 days. During these 30 days, until the moment when the order is fully paid, SIA "PH Print" shall be entitled to send a reminder to the customer’s e-mail address for the purpose of informing them about their order status. If the order is not paid within 30 days, it shall be cancelled.
11.3. Taking into account that the Order is prepared on demand of the User and is not replaceable, the User may not exercise the right of withdrawal from the Order (Paragraph 22.3 of the Regulations No.255 adopted on 20.05.2014 by the Cabinet of Ministers of the Republic of Latvia “Regarding Distance Contracts”).
11.4. In case Picture Happy is unable to fulfil the Order for various reasons, it shall refund the payment within 30 days, by transferring it to the User\šs bank account that the User made payment from to Picture Happy.
12. Order fulfilment time.
12.1. Fulfilment of an order placed on the Picture Happy website shall be commenced upon receipt of proof of payment. Order fulfilment time>
13. Order cancellation.
13.1. An order can be cancelled within two (2) hours after being placed and paid for in case of finding any mistakes in it. After it is cancelled, you will automatically be granted a gift card in value of the paid sum, which you will be able to use to pay for a new order.
13.2. It is possible to cancel an order within 2 hours after its conformation, by sending an e-mail message to info@picturehappy.lv where “Order cancellation” must be stated in the subject.
13.3. In case of cancelling an order, a cancellation fee shall be withheld in the amount of €1.50 + 1.4% of the order sum.
13.4. Unfortunately, if an order is placed during the time period from 6.00PM until 04.00AM, we cannot guarantee its cancellation.
14. Force Majeure.
14.1. Picture Happy shall not bear responsibility for any delay in order completion or failure to complete an order, if such failure is caused by an unforeseen force (Force Majeure), such as national emergency situations, war, natural disasters, pandemics, fires, explosions, any circumstances that the parties were not able to foresee and prevent upon conclusion of a contract.
15. Receiving an Order.
15.1. An order can be collected at the PH Print order pick-up point at Rēzeknes Street 5B, at the South gate territory.
15.2. Picture Happy orders with delivery are delivered to the customer, using services of delivery companies. Delivery companies are independent carriers that are not associated with and not controlled by Picture Happy. Ownership to the purchased products, as well as the risk of losing these products is transferred to the User from the moment when Picture Happy transfers the order to the carrier of the goods.
15.3. The delivery company has rights to change the order delivery times without informing Picture Happy about it.
15.4. Delivery types depend on the type of the ordered product and the delivery address.
15.5. The User shall cover all additional expenses:
15.5.1. if an order is returned and is delivered repeatedly;
15.5.2. if the User has specified an incorrect delivery address and/or contact information, and the order needs to be forwarded to a different delivery address.
15.6. In case of receiving an order that has been damaged during delivery, the User shall send an e-mail to info@picturehappy.lv within 3 days, by attaching photographs displaying the damaged packaging and the damaged goods. Based on the information sent in by the User, Picture Happy shall submit a claim for low quality delivery to the delivery company and contact the User to agree on a positive resolution of the situation within one business day.
15.7. If an order is not received within 7 business days from the moment of being dispatched, the User shall send an e-mail to info@picturehappy.lv, by specifying the order number in the message. Based on the information sent in by the User, Picture Happy shall submit a claim for low quality delivery to the delivery company and contact the User to agree on a positive resolution of the situation within one business day.
15.8. Storage time of returned orders is 30 calendar days from the moment of return.
15.9. Uncollected ready orders shall be stored for 3 months, after which they shall be destroyed.
15.10. In case the User receives a product with a manufacturing defect, Picture Happy shall repeatedly make and send this product to the User free-of-charge. Upon receipt of a defected product, the User shall submit a written claim within fourteen (14) days from the moment of receiving the product, by e-mailing it to info@picturehappy.lv and attaching photographs displaying the defect of the product. Picture Happy reserves the rights to require return of the damaged Product to ascertain that the Product is damaged and to be able to apply repeated production and delivery.
16. Customer Loyalty Program.
16.1. Picture Happy has created a customer loyalty program in order to express gratitude in form of privileges and discounts to regular customers for their loyalty and appreciation of our service. Picture Happy reserves all the rights at any time to make changes to the customer loyalty program without a prior notice.
17. Disputes.
17.1. All disputes arising between SIA PH Print and Picture Happy Users in relation to the present Terms shall be addressed through mutual negotiations. In case of failure to resolve disputes through negotiations, they shall be settled in accordance with laws and regulations of the Republic of Latvia.
17.2. Complaints shall be accepted for reviewing within 14 days from receipt of the product. Claims shall not be addressed after this period.
17.3. A claim shall be reviewed and an answer shall be given within 5 business days from the moment of receiving it.
18. Changes in Terms of Use
18.1. SIA "PH Print" reserves all the rights at any time to make amendments to the present Terms at own discretion without a prior notice. SIA "PH Print" is not obliged to inform Users about any introduced amendments. These amendments shall take effect immediately after being published on the Picture Happy website www.picturehappy.lv.