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These Terms of Service (“Terms”) govern your access to and use of sendamemory.store and any products or services offered through the website.

By visiting our website, placing an order, uploading content, or purchasing a product, you agree to these Terms. If you do not agree with these Terms, please do not use our website or services.

1. Company Information

This website is operated by:

Send A Memory d.o.o.
Duvanjska 5
21000 Split
Croatia
OIB: 52134228576
Email: support@sendamemory.store
Phone: +385 99 870 2775

Throughout these Terms, “Send A Memory”, “we”, “us”, and “our” refer to Send A Memory d.o.o.

2. Our Services

Send A Memory provides personalized digital and printed postcards and related products.

Depending on the selected product, customers may upload photos, images, text, personal messages, names, addresses, and other information required to create and deliver the product.

Our services may include:

Digital personalized postcards
Printed personalized postcards
Design customization
Printing and fulfilment
Delivery to the selected recipient
Customer support related to your order

We may update, modify, suspend, or discontinue any part of our services at any time.

3. Eligibility

By using our website or placing an order, you confirm that:

You are at least 18 years old, or you are using the website with permission from a parent or legal guardian
You have legal capacity to enter into a binding contract
All information you provide is accurate, complete, and up to date
You will use our website and services only for lawful purposes

We reserve the right to refuse service, cancel orders, or restrict access where we reasonably believe that these Terms have been violated.

4. Customer Content

“Customer Content” means any photo, image, text, message, name, address, design input, file, or other material that you upload, submit, write, or provide through our website.

You remain the owner of your Customer Content. However, by submitting Customer Content, you grant us a limited, non-exclusive, worldwide, royalty-free licence to use, reproduce, process, modify, format, print, display internally, and deliver the Customer Content only for the purpose of:

Creating your selected product
Processing and fulfilling your order
Printing or preparing the product
Delivering the product to you or your selected recipient
Providing customer support
Handling complaints, refunds, replacements, fraud prevention, or legal obligations

We do not claim ownership over your photos, messages, or uploaded content.

We do not sell your Customer Content.

We do not use your uploaded photos or personal messages for unrelated advertising, resale, public display, or AI training without your explicit permission.

5. Customer Responsibility for Uploaded Content

You are fully responsible for the Customer Content you submit.

By uploading or submitting Customer Content, you confirm that:

You own the content or have permission to use it
You have the right to submit any personal data contained in the content
The content does not infringe copyright, trademark, privacy, publicity, image, personality, or other rights of any person or third party
The content is accurate and suitable for the product you are ordering
The content does not violate applicable laws or these Terms

If you upload content containing another person’s image, name, personal data, address, or private information, you are responsible for ensuring you have the necessary permission or legal basis to do so.

6. Prohibited Content

You may not upload, submit, create, purchase, or request products containing content that is:

Illegal, fraudulent, misleading, or deceptive
Threatening, harassing, abusive, hateful, discriminatory, or defamatory
Sexually explicit or pornographic
Exploitative of minors or harmful to children
Promoting violence, self-harm, terrorism, extremism, or criminal activity
Infringing intellectual property rights
Violating privacy, image, personality, or data protection rights
Containing malware, harmful code, scams, phishing attempts, or other harmful material
Impersonating another person without authorization
Containing private personal data of another person without permission
Otherwise inappropriate, offensive, or harmful at our reasonable discretion

We reserve the right to reject, cancel, remove, or refuse to produce any order that contains prohibited content, without liability. Where legally required or appropriate, we may report unlawful content to relevant authorities.

7. Order Accuracy

You are responsible for checking all order details before submitting your order, including:

Product type
Design
Uploaded photo or image
Message text
Spelling
Names
Dates
Recipient address
Billing information
Email address
Delivery option

We are not responsible for errors caused by incorrect or incomplete information submitted by the customer.

If you notice a mistake after placing your order, contact us immediately at support@sendamemory.store. We will try to help, but we cannot guarantee changes once production, digital delivery, printing, packing, or shipping has started.

8. Product Preview

Where our website provides a product preview, the preview is intended to help you review the general appearance of your personalized product.

Minor differences may occur between the digital preview and the final printed product due to:

Screen brightness and colour settings
Device display differences
Printing processes
Cropping, scaling, or formatting
Paper type and finish
Production requirements

Such minor differences do not automatically qualify as defects.

9. Prices, Taxes, and Payment

All prices are shown in euros unless stated otherwise.

Prices may include or exclude taxes depending on your location, checkout settings, and applicable law. Any applicable taxes, shipping fees, or additional charges will be shown at checkout where required.

Payment must be completed before we process your order.

We may accept payment methods such as credit/debit cards, PayPal, Shop Pay, Apple Pay, Google Pay, Klarna, or other payment methods available at checkout.

Payments are processed by third-party payment providers. We do not store your full payment card details on our servers.

We reserve the right to change prices, discounts, products, and availability at any time. Price changes do not affect orders already confirmed, unless there was an obvious pricing error.

10. Order Confirmation and Acceptance

After placing an order, you may receive an order confirmation by email. This confirms that we have received your order.

We reserve the right to reject or cancel an order if:

Payment is not authorized
Product information or pricing contains an obvious error
The order contains prohibited content
Required information is missing or incorrect
We suspect fraud, abuse, or unauthorized activity
We are unable to fulfil the order for technical, operational, legal, or delivery reasons

If we cancel an order after payment has been taken, we will refund the amount paid, unless we are legally entitled to retain part or all of the payment.

11. Digital Products

Digital products may be delivered by email, download link, customer account, or another electronic method.

Once a digital product has been generated, delivered, downloaded, or made available, cancellation and refund rights may be limited, as explained in our Refund Policy and applicable law.

You are responsible for providing a correct email address and checking your spam, junk, promotions, or similar folders.

12. Printed Products

Printed products are produced based on the Customer Content and order details submitted by you.

Because printed postcards and similar products are personalized and custom-made, they may not be eligible for cancellation, return, or withdrawal once production has started, except where required by law or where the product is defective, damaged, wrongly delivered, or not as described.

Production times shown on our website are estimates unless expressly stated as guaranteed.

13. Shipping and Delivery

Shipping times are estimates and may vary depending on destination, postal service, courier service, holidays, customs, weather, strikes, seasonal demand, and other circumstances outside our control.

We are not responsible for delays caused by third-party delivery providers or incorrect/incomplete delivery information submitted by the customer.

Risk of loss or damage may pass in accordance with applicable law once the product is handed over to the delivery provider or delivered to the customer/recipient, depending on the circumstances and mandatory consumer protection rules.

If your order is delayed, lost, damaged, or incorrectly delivered, please contact us at support@sendamemory.store.

14. Cancellations, Returns, Refunds, and Replacements

Cancellations, refunds, returns, replacements, and reprints are governed by our Return & Refund Policy, which forms part of these Terms.

In general:

Digital products may not be refundable once delivered or made available
Personalized printed products may not be returnable once production has started
We may offer refunds, replacements, or reprints for damaged, defective, wrongly produced, or wrongly delivered products
Customer-submitted mistakes may not qualify for refund or replacement

This does not affect your statutory consumer rights.

15. EU Consumer Rights

If you are a consumer located in the European Union, you may have certain mandatory consumer rights under EU and national consumer protection laws.

For many online purchases, EU consumers have a 14-day right of withdrawal. However, this right may not apply to:

Goods made to the customer’s specifications
Clearly personalized goods
Digital content delivered before the end of the withdrawal period, where the consumer gave prior consent and acknowledged the loss of withdrawal right

Because many of our products are personalized and made according to your submitted content, the right of withdrawal may be limited or excluded once production or digital delivery has started.

Nothing in these Terms limits rights that cannot be excluded under applicable consumer protection law.

16. Intellectual Property

All website content, branding, logos, design elements, product templates, text, graphics, layouts, software, and other materials owned or licensed by Send A Memory are protected by intellectual property laws.

You may not copy, reproduce, distribute, modify, sell, exploit, or use our website content, brand, templates, or materials without our prior written permission, except as allowed by law.

Customer Content remains owned by the customer or relevant rights holder, subject to the limited licence granted to us for order fulfilment.

17. Website Use

You agree not to:

Use the website for unlawful purposes
Attempt to interfere with website security or functionality
Use bots, scrapers, crawlers, or automated tools without permission
Attempt to access systems, accounts, or data without authorization
Upload malware, viruses, or harmful code
Circumvent checkout, payment, or security systems
Misuse discounts, promotions, refunds, or chargebacks
Submit false, misleading, or fraudulent information

We may suspend, restrict, or block access to the website if we believe these Terms have been violated.

18. Promotions and Discounts

We may offer discounts, promotional codes, free shipping, or special offers from time to time.

Promotions may be subject to additional conditions, expiry dates, minimum order values, product restrictions, or regional limitations.

We reserve the right to modify, suspend, or cancel promotions at any time, especially in cases of abuse, technical error, or obvious mistake.

19. Third-Party Services and Links

Our website may use or link to third-party services, including payment processors, shipping providers, analytics providers, embedded tools, apps, or external websites.

We are not responsible for the content, policies, security, availability, or practices of third-party websites or services.

Your use of third-party services may be subject to their own terms and privacy policies.

20. Privacy

Your personal data is processed in accordance with our Privacy Policy, which forms part of these Terms.

By using our website or placing an order, you acknowledge that we process personal data as described in our Privacy Policy.

21. Availability and Errors

We try to keep our website accurate and available, but we do not guarantee that:

The website will always be available, uninterrupted, secure, or error-free
Product descriptions, previews, prices, delivery estimates, or availability will always be complete or error-free
All defects or errors will be corrected immediately

We reserve the right to correct errors, update information, cancel affected orders, or change website content at any time.

22. Limitation of Liability

To the fullest extent permitted by law, Send A Memory d.o.o. is not liable for indirect, incidental, special, consequential, punitive, or economic losses, including loss of profits, loss of data, loss of goodwill, or loss of opportunity.

Our total liability for any claim related to an order is limited to the amount paid for that order, unless applicable law requires otherwise.

Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability for intentional misconduct, gross negligence, fraud, or mandatory consumer rights.

23. Indemnity

You agree to indemnify and hold harmless Send A Memory d.o.o. from claims, damages, losses, liabilities, costs, and expenses arising from:

Your breach of these Terms
Your Customer Content
Your violation of third-party rights
Your violation of applicable law
Fraudulent, abusive, or unauthorized use of our website or services

This applies to the extent permitted by applicable law.

24. Force Majeure

We are not responsible for delays or failures caused by events outside our reasonable control, including:

Natural disasters
War, terrorism, riots, or civil unrest
Government action
Strikes or labour disputes
Postal or courier disruptions
Customs delays
Power outages
Internet or hosting failures
Supplier or production disruptions
Epidemics or pandemics
Weather conditions
Other events beyond our reasonable control

25. Governing Law and Jurisdiction

These Terms are governed by the laws of the Republic of Croatia, without prejudice to any mandatory consumer protection rights you may have under the laws of your country of residence.

Where legally permitted, disputes will be subject to the competent courts in Croatia.

If you are a consumer in the European Union, you may also have rights to bring claims or use dispute resolution mechanisms available under applicable EU or national consumer protection laws.

26. Complaints and Dispute Resolution

If you have a complaint, please contact us first at:

support@sendamemory.store

Please include your order number, contact details, and a clear description of the issue.

We will try to resolve complaints fairly and within a reasonable time.

EU consumers may also have access to consumer protection bodies or alternative dispute resolution mechanisms available under applicable law.

27. Changes to These Terms

We may update these Terms from time to time.

The updated version will be posted on this page with a new “Last updated” date.

Changes apply from the date they are published, unless stated otherwise. Changes do not affect orders already accepted, except where required by law or necessary for legal, security, or operational reasons.

28. Contact

For questions about these Terms, contact us at: