📜 Terms & Conditions (T&C)

Welcome to the Liel Albums website ([קישור חשוד הוסר]), operated by Liel Albums Inc. (hereinafter: “The Company” or “We”). The Company’s registered address is: 1811 SILVERSIDE RD STE 260, WILMINGTON, DE 19810.

This website serves as an online store for purchasing digital albums and related products primarily targeting professional photographers and consumers in the United States.

This T&C is binding and applies to any user who chooses to enter and use the website. By placing an order and/or making a purchase through the website, the customer declares that they have read and understood this T&C and agree to all its terms, constituting a binding agreement between you and the Company.

1. Purchasing Products

1.1. Product Display: Product images on the website are for illustrative purposes only. There may be differences in appearance, shade, and size between the product as displayed on the website and the physical product.

1.2. Pricing and Taxes: All product prices displayed on the website are in U.S. Dollars ($) and do not include Sales Tax. Sales Tax will be calculated separately and added during checkout based on the customer’s shipping address and the Company’s Nexus obligations.

1.3. Changes in Offerings: The Company may, at its sole discretion, change the product range and pricing at any time, or completely discontinue the marketing and sale of any product offered on the website.

1.4. Payment: Purchases are made by filling out the order details and paying via credit card or approved payment gateways (e.g., Stripe, PayPal). The purchase transaction is completed only after receiving approval from the payment gateway.

1.5. Inventory: Approval of the purchase transaction is contingent upon the product being in stock. If a product is out of stock, the Company will notify the customer and may offer an equivalent replacement product. If a replacement is not accepted, the order will be canceled, and the credit card will be refunded.

2. Product Manufacturing and Production

2.1. Production Time: The Company will endeavor to manufacture the order within 10 business days from the moment payment approval is received. Orders placed after 14:00 EST will be considered received on the following business day.

2.2. Packaging: The Company will ensure the product is packed securely to prevent damage and will coordinate shipping collection. This production time is separate from the delivery time.

3. Product Delivery and Shipping

3.1. Delivery: The shipping company will deliver the product to the address provided by the customer at the time of purchase.

3.2. Delivery Attempts: If the customer is unavailable during the scheduled delivery time, the courier will attempt a second delivery. If the second attempt is unsuccessful, the product will be returned to the Company’s facilities, and the customer will be charged an additional fee for redelivery.

3.3. Force Majeure: The Company shall not be liable for delays or failures in delivery resulting from events beyond its control, such as malfunctions, strikes, or Force Majeure (including but not limited to natural disasters, war, or governmental actions).

3.4. Shipping Address: The product will be shipped to the address provided by the customer at the time of purchase. The shipping address cannot be changed after the package has left for distribution.

3.5. Shipping Fees: Shipping fees will be paid at the time of order placement and not directly to the shipping company.

4. Cancellation, Returns, and Limited Warranty

4.1. Customized Products: Since the Company’s products are custom-manufactured according to the customer’s specific requirements (uploaded files, design choices), we cannot allow returns, exchanges, or monetary refunds for products that meet the order specifications, except as required by law.

4.2. Warranty for Defects: The Company warrants to provide a final product free from manufacturing defects and compliant with the customer’s request as stated in the order form.

4.3. Exchanges for Defects: The Company undertakes to replace a product delivered with a manufacturing defect or non-conformity to the original order, provided that:

a. The customer reports the defect to the Company within 24 hours of delivery.

b. The product is returned in its original packaging, unused, intact, and without any damage or defect other than the reported manufacturing defect.

4.4. Order Cancellation Before Production: A customer may cancel an order up to 3 hours from the time of placing the order, provided the order has not yet entered the production process.

4.5. Exclusions from Warranty: The warranty does not cover:

a. Defects caused by climate changes, physical damage, lightning, various forms of vandalism, fire, moisture, and/or Force Majeure.

b. Customer-Created Errors: Errors resulting from mistakes in the customer’s uploaded files (low resolution, spelling errors, design flaws) or design choices made by the customer.

5. User Content, Intellectual Property, and Indemnification

5.1. Ownership and Copyright: All Intellectual Property Rights (including copyrights) in the website, its content, design, graphics, logo, and necessary technological information belong exclusively to the Company. No copying, reproduction, distribution, or commercial use is permitted without prior written permission from the Company.

5.2. User Uploaded Content:

a. The customer retains ownership of the content (photos, files) uploaded for album production.

b. By uploading content, the customer grants the Company a non-exclusive, worldwide, royalty-free license to use, reproduce, and display the content solely for the purpose of fulfilling the specific order.

5.3. Customer Representation: The customer represents and warrants that they possess all necessary legal rights, licenses, and permissions to use and upload the content, and that the content does not infringe upon any third party’s intellectual property, privacy, or publicity rights, and is not illegal or obscene.

5.4. Indemnification (Essential U.S. Clause): The Customer agrees to indemnify, defend, and hold harmless the Company, its directors, employees, and agents from and against any and all claims, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) the Customer’s breach of this T&C, or (b) any claim that the content uploaded by the Customer infringes the intellectual property rights of any third party.

6. Disclaimer of Warranties and Limitation of Liability

6.1. Color and Quality Disclaimer: The Company makes no warranty regarding the precise color matching between what is displayed on a user’s screen (which varies by monitor calibration) and the final printed product.

6.2. NO IMPLIED WARRANTIES: THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

6.3. LIMITATION OF LIABILITY (Essential U.S. Clause): THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

6.4. CAP ON LIABILITY: IN NO EVENT SHALL THE COMPANY’S TOTAL AGGREGATE LIABILITY TO THE CUSTOMER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE TOTAL AMOUNT PAID BY THE CUSTOMER FOR THE SPECIFIC PRODUCT(S) GIVING RISE TO THE CLAIM.

7. Data Security and Privacy

7.1. Consent: Submission of personal details is done at the customer’s will and with their consent.

7.2. Marketing: The Company may use the provided details for internal monitoring and communication, and for future marketing mailings, including promotional messages. The customer may request removal from the mailing list at any time.

7.3. Data Security: The Company uses advanced security measures to maintain the confidentiality of the information and the customer’s personal details.

7.4. Limitation of Security Liability: The Company shall not be liable for any direct or indirect damage of any kind caused to the customer, if the information is lost or used without authorization due to circumstances beyond the Company’s control and/or resulting from Force Majeure, except for direct damage caused by the Company’s gross negligence.

7.5. Privacy Policy Integration: The Company’s full Privacy Policy (which details U.S. consumer rights, including the Right to Opt-Out of Sale or Sharing), is incorporated into these Terms by reference. By agreeing to these T&C, you also agree to the Privacy Policy.

8. Governing Law and Jurisdiction (U.S. Focus)

8.1. Governing Law: The interpretation and enforcement of this T&C and/or any action or dispute arising therefrom shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles.

8.2. Jurisdiction: The parties agree that the exclusive jurisdiction for any dispute arising out of or related to this T&C shall be vested in the state and federal courts located in Miami-Dade County, Florida.

Liel Albums Inc. – 1811 SILVERSIDE RD STE 260, WILMINGTON, DE 19810