Terms of Service

Effective date: July 29, 2026
Last updated: July 29, 2026

These Terms of Service (“Terms”) govern your use of family-present.com and any purchase from the familypresent U.S. online store. “EasyCommerce,” “familypresent,” “we,” “us,” and “our” mean EasyCommerce GmbH. “You” and “your” mean the person using the Site or placing an order.

Quick links: Seller and legal information · Shipping and Delivery Policy · Returns and refunds · Dispute resolution · Contact

1. Seller, Site Operator, and Legal Information

The seller, contracting party, Site operator, service provider, media owner, and publisher is:

EasyCommerce GmbH
Legal form: Limited liability company organized under Austrian law
Business address: Delugstraße 7/2/3, 1190 Vienna, Austria
Registered office: Vienna, Austria
Company register number: FN 588118f
Company register court: Commercial Court of Vienna
Managing Director: Florian Jakob Grafinger
VAT identification number: ATU78491918

Telephone: +43 664 157 1682
Customer support: support@family-present.com
Privacy and company matters: office@easy-commerce.at
Contact form: https://family-present.com/pages/contact

Trade designation: Retailer
Granting state: Austria
Chamber membership: Vienna Economic Chamber
Competent trade and supervisory authority: Municipal District Office for Vienna’s 18th and 19th Districts
Applicable trade law: Austrian Trade Regulation Act 1994 (Gewerbeordnung 1994), available through the Austrian Legal Information System

Business purpose: Online sale of goods, particularly personalized products. Editorial purpose: Information about EasyCommerce GmbH and the presentation and sale of products offered through the Site.

2. Scope, Eligibility, and Agreement

These Terms apply to the website at family-present.com, its personalization and preview functions, related digital features, and orders accepted through the U.S. online store (collectively, the “Site”). The Terms that were presented when you placed an order govern that order.

The Site is intended for individuals purchasing primarily for personal, family, or household use. Products may not be purchased for resale or commercial exploitation without our prior written approval. If you are acting for an organization, you represent that you have authority to bind it, but consumer-specific protections apply only where the law treats the purchaser as a consumer.

You must be at least 18 years old and have reached the age of legal majority where you live to place an order. The Site is not directed to children under 13, and children may not submit an order or upload content directly to us.

By placing an order through the Site, you accept the Terms in effect at that time. Please read these Terms before ordering. If you do not agree to them, do not submit an order. Your use of a payment method may also be subject to the separate terms of the applicable payment provider.

A product page, checkout disclosure, promotion-specific rule, or individually confirmed written agreement may contain terms that apply to a particular product or order. If there is a direct conflict, the more specific term controls for that product or order. Mandatory rights under applicable consumer law are not excluded.

3. Products, Orders, and Contract Formation

Product displays and prices on the Site are invitations to place an order, not binding offers by us. Before submitting an order, you are responsible for reviewing the product, size, material, frame or color choice, personalization, uploaded content, shipping address, and total price shown at checkout.

When you submit an order, you make an offer to purchase the selected items on these Terms. An automated receipt or payment authorization confirms only that we received the order; it does not by itself mean that we accepted it unless the message expressly states otherwise. We accept an order at the earliest of the following: we send an express order-acceptance or production confirmation, begin the personalized design or production work, provide the included Digital Artwork, or ship the physical product.

We may reject or cancel an order before acceptance for a legitimate reason, including a payment problem, suspected fraud, an obvious pricing or description error, product or destination unavailability, unlawful or infringing Customer Content, an apparent resale order, technical impossibility, or failure to provide information reasonably needed to fulfill the order. If we cancel after collecting payment, we will promptly refund the amount collected for the canceled portion using the original payment method, except where another method is required or agreed by law.

After acceptance, we may end the affected part of an order only where these Terms or applicable law permit it, including where fulfillment would be unlawful, would violate another person’s rights, or remains technically impossible after you have had a reasonable opportunity to provide necessary cooperation. We will notify you promptly and issue the full refund required for the unperformed or unshipped item without deducting a value for included Digital Artwork. Any further non-waivable right remains unaffected.

If a material pricing or product-description error is discovered after acceptance, we will contact you and offer the legally available options, which may include proceeding on corrected terms with your express agreement or canceling the affected item for a full refund. We will not substitute a materially different product without your agreement.

4. Prices, Taxes, Payment, and Promotions

Unless clearly stated otherwise, prices on the U.S. Site are in U.S. dollars. Applicable discounts, shipping charges, sales or similar taxes, and the final order total are shown before you submit payment. We calculate, collect, and remit taxes where we are legally required to do so. You remain responsible for any tax legally due from you that we are not required to collect.

Available payment methods are those displayed at checkout and may include major credit cards, PayPal, Apple Pay, and Google Pay. A payment provider may apply its own terms to its service. You authorize us and our payment providers to charge the displayed order total and to process refunds, reversals, or corrections relating to the transaction.

Discount codes, referral rewards, free-shipping offers, and other promotions are subject to the conditions shown with the offer. Unless the offer states otherwise, promotional codes have no cash value, may not be combined, may not be applied retroactively, and may not be used to buy gift cards. Paid gift cards are governed by Section 12 and are not treated as promotional codes. Sweepstakes or contests, if offered, will have separate official rules.

Reference prices, percentage savings, free offers, and limited-time claims apply only as lawfully described where they appear. A change to a promotion does not retroactively alter an order we have already accepted.

5. Personalized Products, Previews, and Quality Review

The product description, options selected at checkout, Customer Content you provide, personalization shown in the order record, and any specific written confirmation from us define the product you ordered.

The live preview is a reasonable on-screen representation of your configuration, but it is not a color-calibrated physical proof. Each personalized artwork is reviewed for technical usability and visual quality before physical production and may be manually corrected. As part of that review, we may make non-material technical or design adjustments such as background removal, positioning, cropping, contrast, brightness, color balancing, or placement. We will not intentionally change the essential character of the preview or your chosen personalization without contacting you.

Screen settings, source-photo quality, printing methods, materials, product dimensions, wrapping around canvas edges, and manufacturing tolerances can cause minor differences in color, placement, texture, detail, or crop. Reasonable and customary technical variations that do not materially impair the agreed appearance or ordinary use of the product are not manufacturing errors. This does not limit rights relating to a product that is materially defective or not as ordered.

Names, dates, dedications, and other text are normally produced exactly as entered and displayed. You must check spelling, punctuation, capitalization, dates, and line breaks before ordering. We do not provide copyediting unless expressly agreed. Cyrillic characters and emojis cannot be printed unless a particular product expressly supports them and the preview displays them correctly.

You must provide a photo that is reasonably suitable for the selected product. If the image or other required information is unusable, we may ask for a replacement or clarification. Production and shipping estimates are extended by the time reasonably caused by waiting for your response. If you do not respond after a reasonable request and fulfillment remains impossible, we may cancel the affected item and refund the amount paid for it.

Contact us immediately if you request a change or cancellation. We will try to help, but changes or cancellations are not guaranteed after personalized design, manual review, or production has begun.

6. Customer Content, Rights, and Permissions

“Customer Content” means photos, images, text, names, dates, logos, instructions, and other material submitted for personalization or order fulfillment. Reviews, review photos, feedback, and other public submissions are governed by Section 13. You retain any rights you already hold in your Customer Content.

You represent that you have all rights and permissions reasonably necessary for us to use the Customer Content to fulfill your order. This includes, as applicable:

copyright, trademark, design, and other intellectual-property rights;
privacy, publicity, name, likeness, and image rights of each identifiable person;
permission from the photographer or other rights holder, which may be different from the person shown;
consent of a parent or legal guardian for an identifiable minor;
any permission required from the representative or successor of a deceased person; and
where Customer Content contains consumer health data or other sensitive data about another person, any express consent or legal authority required by applicable law.

You may not submit Customer Content that is illegal, infringes another person’s rights, is fraudulent or deceptive, exploits or sexualizes a minor, contains unlawful threats or harassment, promotes hatred or violence, is pornographic, or is otherwise seriously abusive. We may decline to process or may remove such content. Our review is not legal approval of your content and does not transfer your responsibility to us.

When you submit Customer Content for personalization, you request that we process it for the order-related purposes described in this Section and Section 7. This request does not authorize advertising, public display, or unrelated use.

You grant us a non-exclusive, worldwide, royalty-free license, limited to the purposes and duration reasonably necessary to:

create previews and Digital Artwork, including through automated and AI-assisted tools;
crop, isolate, stylize, edit, reproduce, and format the content;
manually review, produce, quality-check, package, and deliver the order;
provide support, corrections, replacements, fraud prevention, and dispute handling;
permit our personalization and image-processing providers to process Customer Content under a limited sublicense, and provide production partners with the final production artwork; and
provide delivery partners only the order and recipient information needed for delivery, in each case only to the extent needed for these purposes or to comply with law and as described in the Privacy Policy.

This order-fulfillment license does not authorize us to publish private order photos in advertising, social media, a public portfolio, or promotional materials. We will not use private order photos to train a general-purpose AI model. Any advertising or public promotional use of private Customer Content requires separate permission.

7. Automated and AI-Assisted Design

Our personalization process may use automated, algorithmic, and artificial-intelligence-assisted tools to remove backgrounds, recognize image regions, crop, enhance, stylize, generate or modify visual elements, and assemble a requested design. Each personalized artwork is reviewed before physical production and may be manually corrected.

A stylized artwork is a creative interpretation of the source material, not an exact photographic reproduction. Fine details, facial features, fur, hair, colors, background elements, proportions, and artistic effects may be interpreted within the selected style. We do not use the ordinary order process to identify a person, infer sensitive traits, or make a decision that produces legal or similarly significant effects.

Automated or AI-assisted output may not be unique, and similar themes, layouts, or visual elements may appear in other works. We do not promise that every element of an AI-assisted output is independently copyrightable or that you receive exclusive rights in a style, template, process, or visual concept. Your remedies for an item that is materially different from what was ordered remain unaffected.

8. Included Digital Artwork

If the product page states that Digital Artwork is included, the purchase includes a digital image file as an additional component of the personalized physical-product order. It is not separately orderable and no separate value will be deducted from a refund that must be issued for an unshipped physical order.

We usually email a link to the then-current digital version within about ten minutes after we receive a properly completed order. Sending that link constitutes acceptance under Section 3 if we have not accepted the order earlier. A technical interruption, incorrect email address, payment review, unsuitable source photo, or need for manual review may delay delivery. The initial version may be refined during our quality review. The updated production version will then be available through the same link. A file already downloaded to your device does not update automatically; you must download the revised version if you want it.

The version available through the link when the order is released to production is the file used for physical production, subject to the accepted order and the limits in Section 5. The download link is intended to remain available for 90 days after the delivery email. It is not permanent cloud storage, so you should save the version you want on your own device during that period.

To the extent we own or control rights that can be licensed in the Digital Artwork, we grant you a perpetual, worldwide, non-exclusive, and non-sublicensable license for personal, non-commercial use, except as expressly permitted below. You may store it, make private prints, use a print provider for those private prints, share it on your personal non-commercial social-media profile, and provide a copy to the intended gift recipient, who receives the same personal, non-commercial license. You may not otherwise transfer, sell, or sublicense the file, use it in advertising, claim exclusive ownership of our templates or style, or use it to create merchandise or other items for sale without our written permission. Rights in your original Customer Content remain with their existing owner.

9. VIP Priority Production

If offered, VIP Priority Production is an optional paid service for an order containing a personalized physical product. The applicable fee is shown before purchase.

VIP Priority Production means that we prioritize the order in our internal review and production workflow over ordinary orders. It is not expedited carrier service and does not, by itself, guarantee a particular shipment date, delivery date, or arrival before a birthday, holiday, or other event. Any separate express written shipment or delivery promise remains controlling.

If we do not provide the purchased internal prioritization, contact us and we will refund the VIP Priority Production fee. This remedy does not limit any non-waivable right or any remedy that applies to a separate failure involving the physical product.

10. Shipping and Delivery Policy

10.1 Shipping destinations and costs

We ship physical products only to destinations and addresses accepted by the Site at checkout. Availability may differ by product, state, territory, ZIP Code, carrier service, or other operational constraint and may change prospectively. The shipping charge, any available delivery option, and any free-shipping threshold or exclusion are shown at checkout. Qualification for a free-shipping offer is determined by the terms displayed with the offer and the final checkout calculation.

10.2 Production, transit, and total delivery estimates

For most accepted destinations and a properly completed ordinary order, our usual production time is approximately 1–2 business days, followed by tracked carrier transit of approximately 2–3 business days, for an estimated total of approximately 3–5 business days. A destination-specific estimate clearly shown before you submit the order controls over a general estimate. An order confirmation may restate, but does not unilaterally extend, a promised shipment time. A “business day” is Monday through Friday, excluding applicable public, production-facility, and carrier holidays.

A properly completed order is one for which we have received valid payment authorization and all information, Customer Content, approvals, and cooperation reasonably needed to fulfill it. If we need a replacement image, clarification, corrected address, or other customer action, the applicable estimate is extended by the resulting delay.

Where the Site displays “Ships in 24–48 Hours” or a similar shipment statement, “ships” means handoff of the completed physical product to the carrier; it does not mean delivery to the recipient. Label creation alone is not treated as physical handoff. An unqualified shipment timeframe shown when you order applies as stated. A timeframe clearly labeled “estimated,” “approximately,” “usually,” or “about” is an estimate rather than a guaranteed delivery date, but those qualifiers do not limit any delay-notice, cancellation, or refund duty that applies to a stated shipment timeframe. No shipment timeframe is, by itself, a promised delivery date.

10.3 Carriers, tracking, and delivery scans

We select the carrier and service unless checkout expressly offers a choice. Carriers may include USPS, OnTrac, FedEx, and their delivery partners. We normally provide tracking when a shipping label is created or the shipment is prepared. Receipt of a tracking number does not necessarily mean that the carrier has taken physical possession; shipment occurs at handoff to the carrier. Tracking events and estimated arrival dates are generated by the carrier and can be delayed, incomplete, or revised.

Delivery may be made to the shipping address, an authorized recipient, mailroom, reception desk, parcel locker, or another location authorized by you or ordinarily used for deliveries at that address. If you give the carrier a delivery instruction, reroute the package, authorize pickup, or select a safe-place option, delivery consistent with that instruction is delivery to you.

10.4 Address accuracy and changes

You must provide a complete and accurate delivery address and check it before ordering. Contact us immediately if you notice an error. We will try to update the address, but we cannot guarantee a change after design, production, label creation, or shipment has begun.

If delivery fails because you culpably supplied an incorrect or incomplete address, refused delivery without a legally valid reason, or failed to collect a package after reasonable carrier notice, we may charge only the actual and reasonable cost of reproduction and reshipment before sending the item again. We will not charge such costs to the extent the problem was caused by us or the carrier.

10.5 Split shipments, title, and risk of loss

We may make reasonable partial shipments when an order contains multiple items or production locations. You will not be charged additional shipping solely because we split an order.

Title to and risk of loss for a physical product pass to you when the product is delivered to you, your designated recipient, or the delivery location you authorized, subject to any non-waivable law. Until then, carrier loss or damage remains our responsibility as seller.

10.6 Delays and legally required options

Production and transit may be affected by peak demand, weather, disasters, carrier disruption, labor disputes, supply interruptions, address issues, security review, or other events. An estimate does not guarantee arrival for a particular celebration or event unless we expressly promised a guaranteed date in writing.

We maintain a reasonable basis for shipment representations. If we learn that we cannot ship within the shipment time stated for or otherwise applicable to an order, we will provide a delay notice and seek your consent to a revised shipment time where required by law, or we will cancel the unshipped item and issue a prompt full refund for that item, including applicable shipping and other charges that must be refunded. A legally required refund will be made to the original payment method and will not be replaced with store credit or a gift card unless you affirmatively choose that option where permitted.

A delay notice will explain your cancellation option and the effect of responding or not responding as required by applicable law. If the law gives you the right to cancel before shipment because of a delay, these Terms do not restrict that right.

10.7 Lost, damaged, or missing deliveries

If tracking stalls, a package appears lost, an item arrives damaged, or an item is missing from the package, contact support@family-present.com as soon as reasonably possible with the order number and available details. For visible damage, photographs of the packaging, shipping label, and item help us resolve the problem with the carrier or production partner. We will not demand evidence that is unreasonable or impossible to provide.

We may investigate with the carrier and may ask you to confirm non-receipt or cooperate with a carrier claim. Depending on the circumstances and applicable law, we will replace, reship, repair, or refund the affected item. Prompt reporting helps preserve evidence, but a requested reporting period does not eliminate any longer non-waivable legal right.

11. Returns, Cancellations, Refunds, and Order Problems

Our Return Policy, as presented when you order, is incorporated into these Terms. If that policy directly conflicts with this Section for a specific order, the provision that preserves the greater non-waivable consumer right controls.

Because personalized products are made specifically for you and generally cannot be resold, a personalized product received as ordered is final sale. It cannot be returned or exchanged merely because you changed your mind, no longer need it, dislike a correctly displayed spelling or selection you submitted, or ordered the wrong size, material, color, or address. A voluntary cancellation may be possible before personalized work begins, but you must contact us immediately and cancellation is not guaranteed.

Final sale does not apply to a product that arrives damaged, has a manufacturing defect, was materially misprinted by us, differs materially from the accepted order, or is otherwise subject to a non-waivable legal remedy. Contact support@family-present.com with your order number, a description of the problem, and reasonably available photographs. We may offer an appropriate correction, reprint, replacement, repair, or refund depending on the issue and applicable law.

Do not send an item to our Austrian business address without return instructions. If we require the return of a product because of our error or a covered defect, we will provide instructions and bear reasonable return shipping costs where required. We may resolve a clear issue using photographs without requiring a physical return.

For any non-personalized item, eligibility, timing, condition requirements, and any authorized return process are stated in the Return Policy or product-specific disclosure. Gift cards are governed by Section 12. Refund timing can depend on the payment provider or financial institution after we issue the refund.

Nothing in this Section limits rights concerning an unauthorized charge, a legally required shipping-delay refund, a defective or nonconforming product, or any other right that cannot lawfully be waived.

12. E-Gift Cards

Paid familypresent e-gift cards are delivered electronically and may be redeemed only at family-present.com. They are transferable to the intended recipient and may be used toward eligible products, shipping, and taxes where the checkout permits.

Paid e-gift-card funds do not expire, and we do not charge inactivity, dormancy, or service fees. Partial redemption is permitted and the unused balance remains available. If checkout does not support combining multiple cards, contact customer support before ordering.

E-gift cards may not be used to buy another gift card and are not redeemable for cash except where required by applicable law. For California holders, a remaining balance of less than $15 is redeemable in cash upon request. They are not credit, debit, or bank accounts and are not reloadable unless expressly stated.

Treat the gift-card code like cash. We are not responsible for unauthorized use after a code is delivered to the purchaser or intended recipient unless the unauthorized use resulted from our failure to use reasonable care or another rule of law applies. We may suspend a code while investigating suspected fraud.

If a refund is due for an order paid in whole or part with a gift card, the amount paid with the gift card will ordinarily be credited back to that card, and the amount paid through another method will be refunded to that method, subject to applicable law. A purchased e-gift card is final sale after the code is delivered except where the Return Policy or applicable law provides otherwise. Promotional or goodwill codes are not paid gift cards and are subject to the conditions stated when issued.

13. Reviews, Feedback, and Public Submissions

You may share an honest review of our products, service, or conduct, including a negative review. Nothing in these Terms restricts, penalizes, or transfers ownership of an honest consumer review protected by law.

If you intentionally submit a review, review photo, or other content through a feature that clearly indicates it may be published, you retain ownership and grant us a non-exclusive, worldwide, royalty-free license to host, reproduce, format, and display it on our owned website and the review service used to collect it. We may display the name, initials, rating, or profile information you chose to submit with the review. We may repost it to an organic social-media channel only if that use was disclosed when you submitted it or you separately permit it. Identifiable review content or photos will not be used in paid advertising without separate permission.

You may ask us to remove a review from channels we control. Removal does not require recall of material already lawfully printed or published, but we will stop new uses within a reasonable time where required. A review license does not expand the limited order-fulfillment license for private Customer Content in Section 6.

We may moderate or decline content using neutral criteria, including content that contains another person’s private information, is unlawful, infringes rights, is threatening, harassing, obscene, discriminatory, clearly false or misleading, fake, generated without a genuine customer experience, spam, or unrelated to our products or service. We do not remove or suppress a review merely because its opinion or rating is unfavorable.

If we offer an incentive for a review, the incentive is for an honest review and is not conditioned on positive sentiment or a particular rating. We and the review service will provide or maintain a clear incentive disclosure where required, and you must not remove or conceal that disclosure. Employees, officers, agents, and close family members must clearly disclose their relationship when reviewing us.

Suggestions and product feedback that are not private order content may be used by us on a non-exclusive and royalty-free basis to improve our business, but this does not assign your ownership or authorize public use of your identity or private photo.

14. Accounts, Security, and Electronic Communications

If accounts are offered, you must provide accurate information, keep credentials confidential, and notify us of suspected unauthorized access. You are responsible for activity you authorize through your account. We may require reasonable verification before changing an account, disclosing order information, or processing a sensitive request.

You consent to receive order confirmations, Digital Artwork links, shipping updates, delay notices, policy notices, support messages, and other transaction-related communications electronically at the address you provide. You are responsible for maintaining a working email address and checking spam or filtering settings. You may save or print these Terms. Marketing email or text messages are governed by separate consent and opt-out rules and are not required to make a purchase.

15. Site Content and Intellectual Property

The Site and its non-customer content, including software, code, product photography, templates, graphics, logos, text, layout, design elements, and brand names are owned by or licensed to us and are protected by applicable intellectual-property laws. Customer Content remains subject to Section 6, and Digital Artwork is licensed under Section 8.

We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for personal shopping and ordinary interaction with us. You may not copy, scrape, reproduce, distribute, sell, reverse engineer, circumvent, or commercially exploit the Site or its content except as permitted by law or with our written permission.

If you believe content on the Site infringes your rights, contact office@easy-commerce.at with your identity, the protected work or right, the specific material and location, your contact details, and a good-faith explanation. We may request additional information before acting.

16. Prohibited Use

You may not use the Site to:

break the law or violate another person’s rights;
submit false payment, identity, address, review, or order information;
introduce malware, probe security, bypass access controls, or interfere with Site operation;
use bots, scraping, or automated extraction in a manner that burdens the Site or copies protected content, except where law prohibits us from restricting it;
impersonate another person, commit fraud, launder money, or evade sanctions or export controls;
place abusive, speculative, or unauthorized resale orders; or
use our products, previews, or Digital Artwork for unlawful commercial exploitation.

We may suspend Site access or decline an order where reasonably necessary to protect customers, our systems, or legal rights. This does not allow us to avoid obligations for an accepted order without providing the remedies required by these Terms or law.

17. Third-Party Services and Links

The Site may use or link to services operated by third parties, such as Shopify, payment providers, personalization technology, review services, and shipping carriers. Their separate terms may govern your direct use of their services. A link does not mean that we control or endorse all third-party content.

We remain responsible for our own obligations as seller and do not avoid those obligations merely because a production, technology, payment, or delivery provider performs part of the service. We are not responsible for an unrelated third-party site or service that you choose to use outside our control, to the extent permitted by law.

18. Privacy

Our Privacy Policy and U.S. State Privacy Notice explains how we collect, use, disclose, retain, and protect personal information, including Customer Content and information processed through automated or AI-assisted tools. It also explains applicable U.S. state privacy rights and how to exercise them.

Privacy choices concerning sale, sharing, or targeted advertising are available through Your Privacy Choices. You can reopen the consent tool through the “Cookie Preferences” link in the footer. Nothing in these Terms limits a privacy right or remedy that cannot lawfully be waived.

19. Product Rights and Site Disclaimers

We do not offer a separate written product warranty unless a product page or separate warranty document expressly says so. Physical products remain subject to the express description that became part of your order and to all warranties, remedies, and protections that cannot lawfully be excluded or limited, including applicable implied warranties.

Customer-service accommodations, goodwill replacements, or refunds offered in one case do not create a continuing warranty or entitlement in a different case. Any separately offered written warranty will identify its own scope and conditions.

To the maximum extent permitted by law, the Site’s browsing, preview, account, and other unpaid technical functionality is provided on an “as available” basis. We do not promise that the Site will always be uninterrupted, error-free, secure, or compatible with every device. This technical disclaimer does not make a purchased physical product “as is,” does not override an express product description, and does not exclude a warranty or consumer right that applies by law.

20. Limitation of Liability

To the maximum extent permitted by applicable law, neither party will be liable to the other for indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profits or lost business opportunities, arising from these Terms, the Site, or an order, when those losses were not the direct and reasonably foreseeable result of the breach at issue.

To the maximum extent permitted by applicable law, our aggregate liability arising from a particular order will not exceed the greater of (a) the amount you paid for that order or (b) USD $100.

The exclusions and cap above do not apply to:

fraud, willful misconduct, or gross negligence;
death, personal injury, or tangible property damage caused by a product or conduct;
mandatory product-liability obligations;
our infringement or misappropriation of another person’s intellectual-property rights;
our violation of applicable privacy, data-security, or consumer-protection law where the remedy cannot be limited;
refunds, replacements, statutory damages, penalties, costs, or attorneys’ fees that applicable law requires; or
any other liability that cannot lawfully be excluded or limited.

Nothing in this Section reduces the specific shipping-delay, defect, replacement, return, or refund obligations stated elsewhere in these Terms.

21. Indemnification for Customer Content and Unlawful Use

To the extent permitted by law, you will reimburse EasyCommerce GmbH and its officers, employees, and agents for amounts finally awarded on a third-party claim, amounts reasonably paid in a settlement you approve, and reasonable external legal costs, but only to the extent directly caused by (a) your knowing or intentional submission of Customer Content that infringes that third party’s intellectual-property, privacy, publicity, or other rights; (b) your fraudulent or intentional unlawful use of the Site or product; or (c) your knowing or intentional breach of the representations in Section 6. This Section does not impose a standalone duty to defend us before responsibility is determined.

This obligation does not apply to the extent a claim was caused by our unauthorized use of Customer Content, our alteration outside the order’s purpose, our negligence, our willful misconduct, or our violation of law. We will give reasonably prompt notice and permit your reasonable participation in the defense. We will not agree to a settlement for which we seek reimbursement from you without your approval, which may not be unreasonably withheld. This Section applies only to the extent enforceable under the law applicable to you.

22. Events Beyond Reasonable Control

Neither party is responsible for delay or failure caused by an event beyond its reasonable control, such as a natural disaster, severe weather, war, terrorism, epidemic, government action, widespread carrier or network failure, labor disruption, or utility outage, provided the affected party uses reasonable efforts to reduce the impact.

This Section does not excuse payment or refund obligations already due, does not transfer carrier risk to you before delivery, and does not override legally required shipment-delay notices, cancellation options, refunds, or other non-waivable consumer rights. If performance becomes impossible, we may cancel the affected item and will refund amounts paid for the unperformed portion as required by law.

23. Dispute Resolution

23.1 Informal resolution

If a dispute arises, we encourage you to contact support@family-present.com first and provide your name, purchasing email address, order number if available, a description of the issue, and the resolution requested. We will try in good faith to resolve the matter promptly. Contacting us first is encouraged but does not prevent either party from seeking an available legal remedy or affect a non-waivable limitation period.

23.2 Courts, small claims, and government agencies

If a dispute is not resolved informally, either party may pursue available remedies in a court of competent jurisdiction, including an eligible small-claims court. The procedure, remedies, costs, and attorneys’ fees available in any proceeding are determined by applicable law.

Nothing prevents you from reporting an issue to, seeking help from, or cooperating with a federal, state, local, or foreign government agency. An agency may investigate or seek relief as authorized by law.

24. Governing Law and State-Specific Savings

These Terms and each order are governed by the laws of Austria, without regard to conflict-of-law principles and excluding the United Nations Convention on Contracts for the International Sale of Goods (“CISG”). This choice does not deprive a U.S. consumer of a protection that cannot be waived under the law otherwise applicable in the consumer’s home state.

A claim may be brought in any court of competent jurisdiction. For a purchaser acting primarily in a trade or business rather than for personal, family, or household purposes, the courts with subject-matter jurisdiction in Vienna, Austria will have exclusive jurisdiction to the maximum extent permitted by law. We do not require a U.S. consumer to waive a mandatory venue, local small-claims forum, or other forum available under non-waivable law.

24.1 New Jersey residents

For New Jersey consumers, no provision of Sections 19 (Product Rights and Site Disclaimers), 20 (Limitation of Liability), 21 (Indemnification), 22 (Events Beyond Reasonable Control), 23 (Dispute Resolution), or this Section 24 waives any right or remedy that cannot be waived under the New Jersey Consumer Fraud Act, the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act, or other applicable New Jersey law. The disclaimer, damages exclusions, liability cap, indemnity, and remedy limitations do not apply to conduct, damages, statutory rights, costs, or attorneys’ fees that cannot lawfully be excluded or limited in New Jersey. Section 21 does not require you to indemnify us for our own tortious acts or violation of law.

25. California Consumer Notice

EasyCommerce GmbH is the provider of the Site and seller of the products. Its address, telephone number, and email addresses are listed in Section 1. Product prices, applicable shipping charges, taxes, and any other mandatory charge are displayed before you submit an order.

If you have a complaint, contact us first at support@family-present.com or the postal address in Section 1. California residents may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

26. Changes, Suspension, Assignment, and General Terms

26.1 Changes to these Terms

We may update these Terms prospectively to reflect changes in our products, Site, practices, or law. The “Last updated” date identifies the current version. Changes do not retroactively alter an accepted order or a dispute for which notice was already given. The version presented when you submit an order governs that order.

26.2 Suspension and termination

You may stop using the Site at any time. We may suspend or terminate access for a serious or repeated breach, fraud, security risk, or legal requirement. Termination of Site access does not cancel an accepted order or eliminate accrued payment, refund, privacy, intellectual-property, or dispute-resolution obligations.

26.3 Assignment

You may not assign an accepted order or these Terms without our consent, except that you may give a product or transfer a gift card as expressly permitted. We may assign these Terms in connection with a merger, reorganization, sale of business or assets, or transfer to an affiliate, provided the assignment does not reduce non-waivable consumer rights.

26.4 Severability, waiver, and entire agreement

If a provision is unenforceable, it will be enforced to the maximum lawful extent or severed, and the remainder will continue in effect. A failure to enforce a provision once is not a waiver of it later.

These Terms, the accepted order details, the incorporated Return Policy, and any applicable product- or promotion-specific terms form the agreement concerning the order. The Privacy Policy is a separate notice about data practices and does not reduce statutory privacy rights. An individually agreed written commitment about your order controls over a conflicting general term.

26.5 Language and headings

The contract language for the U.S. Site is English. A translation is provided only for convenience unless we expressly agree otherwise. Headings and quick links are for convenience and do not limit the text.

26.6 Survival

Provisions that by their nature should continue after fulfillment or termination, including Customer Content rights, Digital Artwork licenses, intellectual property, payment and refund obligations, liability rules, indemnification, dispute resolution, governing law, and general terms will survive.