General Terms and Conditions of Use and Sale
- SPECIAL NOTICE FOR INTERNATIONAL USE
- CONDITIONS OF REGISTRATION
- DESCRIPTION OF THE CHARACTERISTICS OF THE GOODS AND USE OF SERVICES
- PRICES AND METHODS OF PAYMENT
- TERMS, IMPLEMENTATION AND DELIVERY
- COPYRIGHT, DATABASE, TRADEMARK AND PATENT RIGHTS
- DIGITAL CONTENT AND INTELLECTUAL PROPERTY
- LEGAL GUARANTEE OF COMPLIANCE AND COMPLAINT HANDLING
- EXCLUSION OF THE RIGHT OF WITHDRAWAL
- ACCOUNT DEACTIVATION
- APPLICABLE LAW AND COMPETENT COURT
These General Terms and Conditions of Sales and Use (General Conditions) apply to all the Products and Services available on the Album Epoca websites belonging to Photosi. Unless otherwise stated, any improvements of the current services or any new services implemented by PhotoSì shall be regulated under these General Conditions.
These general conditions of sales may be updated or modified by PhotoSì; any modification and integration shall be valid and effective from the date on which they will be notified to Users through publication on the website and shall apply to all the sales carried out from that date.
By registering as described below, Users confirm having read, understood and fully agreed to these General Conditions.
THE AGREEMENT RESULTS INTO A CONTRACT AND USERS COMMIT THEMSELVES TO RESPECTING THE GENERAL CONDITIONS WITH THE COMPANY::
PhotoSì S.p.A. (Inc.) Unipersonale (one-man business)
Via Carpegna n.22
47838 Riccione (RN) Italy
VAT number / tax code 03550860401
Member of the registry of businesses at the Chamber of Commerce (CCIAA) of Rimini under no. 297804
tel +39 0541 609 903
fax +39 0541 606 354
In the case of a User consumer, that is the natural person who makes a purchase for a purpose being not related to the commercial or professional activity which might be carried out, the provisions laid down by the Consumer Code, Legislative Decree no. 206/2005 with subsequent modifications and additions, shall apply.
1. SPECIAL NOTICE FOR INTERNATIONAL USE
Provided the global nature of the web, Users commit themselves to respecting all the norms enforced in their country of residence concerning Internet Users behaviour, allowed content and relevant laws on data transmission and quality of contents.
2. CONDITIONS OF REGISTRATION
Users need Internet access (costs incurred are at the User's charge only) in order to use the websites of the Society and the society's software which enable them to create and order products, and the equipment (computer, modem or any other connection device) required to download data, file and digital pictures.
USER REGISTRATION IS REQUIRED TO ACCESS THE ALBUM EPOCA SERVICES AS WELL AS CONSENT AND ACCEPTANCE THROUGH "CLICK" ON THE CONFIRMATION BUTTON OF THESE TERMS OF SALE.
Registration is performed online and Users are required to provide information which include: name, surname and e-mail address among others.
Users commit to:
- providing current, true and complete personal information ("Registration information");
- keeping their Registration Information updated, for it to always be current, true and complete.
If Users provide false, inaccurate, incomplete or outdated information, or if PhotoSì considers, on the grounds of a discretional evaluation, that the information provided is false, inaccurate, incomplete or outdated, it holds a right to temporarily or permanently deactivate the account of the User, preventing any future use of the Service.
Once registration is completed, Users are given a personal Account, accessible with a personal User ID (ID) and Password (PW).
PhotoSì website and Services are for personal use only.
The User is the one and only person responsible for the correct use of their account credentials (responsibility is extended to any sort of activity related to its use), and therefore commits to a careful and correct login and logout procedure and to promptly communicate to PhotoSì any unauthorised use of their account, as well as any other violation of security norms they may know of.
PhotoSì will not be held accountable for any damage related to non-compliance with the Conditions of registration, Users being aware that, aiming at the regulation of access to the service, authentication depends only on the verification of ID and PW.
The User is therefore responsible for any possible damage or harm, to PhotoSì or third parties, deriving from incorrect use, loss, theft and/or jeopardy of the confidentiality of ID and PW.
Any activity performed by the User's Account is attributed to the same User who performed the operations required in compliance with these General Conditions, with no exceptions.
3. DESCRIPTION OF THE CHARACTERISTICS OF THE GOODS AND USE OF SERVICES
Album Epoca offers a wide range of products and services in the field of photo printing, dedicated only to professional, and provides a large set of online products and services (together called Services).
The abovementioned services include:
- online photo printing;
- digital photo processing through client software Epoca conceived and realised by and under the direction and coordination of the company, by PhotoSì S.p.A. (Inc.) which holds the exclusive right to use them and grant their use to third parties.
Users acknowledge that the Services and related software ("Software" in general) are protected under intellectual and/or industrial property rights, as specified below.
On condition that the User complies with these General Conditions, PhotoSì grants a limited, non-exclusive, non-transferrable and non-sublicensible licence to access Album Epoca services.
The licence does not include reselling or commercial rights to Album Epoca services or their content, the right to collect and use lists, product descriptions or prices, the right to a derivative use of PhotoSì services and their content, to download or copy account information to the benefit of another reseller or use data mining, robots or similar devices for data mining or collection. Any rights not explicitly conferred by these General Conditions are conferred to PhotoSì or its licensors, providers, editors, service holders or other providers.
It is prohibited to reproduce, duplicate, copy, sell, resell, visit or use Album Epoca services, in whole or in part, in any other way for commercial use, without PhotoSì's written consent. It is prohibited to resort to framing or framing techniques to obtain trademarks, logos or any copyright-protected information (including images, texts, page layout or format) without previous written authorization.
It is prohibited to use meta tags or any kind of "hidden text" associated to PhotoSì's name or trademark, without its written consent.
Irregular use of PhotoSì services is not allowed. The services can be used only in the framework of the existing regulations.
The violation of these General Conditions will result in the revocation of the authorisation or licence granted by PhotoSì.
In order to use the Services offered by the Software and their features, it is first of all necessary to carefully read these General Conditions and, if the services are desired, agree to them.
PhotoSì can rely on its distributors to provide some of its Services.
A Distributor is the economic actor operating, exclusively or not, in the field of photography, chosen by the User, to enable each User to have a reference Distributor (namely a photographer's shop or a Centre of large retailers) where Users can collect printed products and pay the amount due.
The online purchase contract of photo products will conclude at the dealer's shop selected for collection, where payment is due, after the product is checked, or directly online, via online payment, when the User opts for home delivery.
4. PRICES AND METHODS OF PAYMENT
Prices are those stated online at the moment of connection in the appropriate section “Price lists” and calculated according to the type and quantity of the products and the type of delivery chosen by the User.
PhotoSì holds a right to change prices anytime, but is equally committed to applying the prices stated on the website when the order is sent.
No price change will be applied to orders being processed.
Prices are expressed in Euros and exclude Italian VAT charges - except where otherwise specified.
The costs of order management and shipping are available on the website in the same section “Price lists” . Their amount is shown prior to order confirmation, it is separately highlighted and is part of the overall price.
Information provided by the User upon ordering is binding; if the address of the addressee contains typing errors, PhotoSì will not be held accountable for the impossibility to deliver the order.
If PhotoSì services with fee are required, an order form shall be filled in.
The automatic order registration systems are proof of the nature, content and date of the order. The User will receive confirmation via e-mail at the address provided, containing the specificities of the products, price and delivery information.
Payment can be performed online via a protected payment system, or any other system mentioned on the website, or at the reference distributor upon the collection of the products in cash or by means of other systems authorised by PhotoSì.
PhotoSì does not apply or impose on the User any additional costs or charges related to the method of payment chosen by the User.
PhotoSì holds a right to cancel orders if the User violates these General Conditions.
PhotoSì remains the owner of the goods delivered (photos, enlargements, related products, etc.) until payment is due.
For the duration of the contract, PhotoSì holds a right to propose special offers to the User's benefit and according to specifically arranged terms.
Users commit to respecting promotional Services in good faith and in compliance with these General Conditions.
If one or more Accounts are illicitly used with the aim of repeatedly benefiting from a same promotion, PhotoSì will, at its unquestionable discretion, have a right to: (i) block one or more Accounts, in compliance with and as a result of Article 12 below; and/or (ii) prevent Users from collecting the products ordered on promotion and impose the payment of the due amount at the Distributor’s shop.
5. TERMS, IMPLEMENTATION AND DELIVERY
The contract of use and purchase of PhotoSì Services is immediately effective.
In particular, it is specified that:
- the price of each printed product (album) must be paid in advance after having read the so-called 'specimen' exhibited in electronic and/or paper format, at the Distributor if and as existing, and, in the absence of this, directly to Photosi;
- by virtue of the prior presentation of the aforementioned 'specimen', the rules provided by the laws of the various countries on the right of withdrawal do not apply to sales made through the Album Epoca site, such as those issued in implementation of Directive 99/7 / EC of the Parliament European, like any standard with similar content;
It is not technically possible to change the order parameters relating to:
- Promotional codes having not been embedded;
- Wrong number of copies;
- Sending of the same order more than once;
- Modification of the target point of sale;
- Other errors on the User side (for instance, layout, positioning on the edges).
The Album Epoca production flow provides the User with an order summary before the order is made and a quote, as well as a PDF file containing all the order information. The user must carefully check the contents of the summary before order confirmation, as well as the PDF. In case of confirmation, the user certifies that the content of the PDF is fully consistent with his\her requests.
THE USER IS ADVISED TO CONFIRM THE ORDER ONLY AFTER A CAREFUL VERIFICATION OF THE ORDER.
CANCELLATION OR MODIFICATION OF ORDERS CONFIRMED BY THE USER IS NOT PERMITTED.
The order confirmed by the User will remain in a pending payment status until the order confirmation is issued by changing the status of the order from WAITING to WORK IN PROGRESS.
Photo products are delivered at the delivery/collection address provided in the order in a time-span specified on the website, in the relevant product fiche. The terms of order delivery (terms of delivery) are stated as an indication. PhotoSì and/or the distributor decline any responsibility if the approximate delay indicated on the website or upon the confirmation of the order is exceeded.
PhotoSì declines any responsibility if the product is not collected at the address provided by the User or at the selected distributor’s shop. If the goods are not collected after 90 working days, PhotoSì and the distributor will have a right to terminate the contract, dispose of the goods, and be compensated for damage. Any fees paid by the User will be deducted as a compensation.
6. COPYRIGHT, DATABASE, TRADEMARK AND PATENT RIGHTS.
Any contents found or made available on Album Epoca Website and Services in the form of texts, design, logos, icon buttons, images, audio files, digital download, collection of data and software are the property of PhotoSì.
Graphic material, logos, headers, icon buttons, fonts and service trademarks included or made available by any Album Epoca Services are trademarks or distinguishing features of PhotoSì.
Trademarks and distinguishing features shall not be used in relation to products and services other than PhotoSì's, with the aim of generating confusion among customers or denigrating or discrediting PhotoSì.
All the trademarks visible on Album Epoca Services not owned by PhotoSì, are the property of their respective owners, that may or may not be connected with or sponsored by PhotoSì.
One or more patents owned by PhotoSì protect Album Epoca Services and features available via these services.
The abovementioned goods are protected under copyright laws and database rights, under the Italian Industrial Property Law and the Italian Civil and Penal Code.
Extracting and/or systematically re-using parts of Album Epoca Services without written consent from PhotoSì is prohibited. Namely, it is prohibited to use data mining, robots or similar devices for data acquisition or data mining, to mine (once or repeatedly), to re-use any substantial parts of any Album Epoca Services, without prior written consent. It is also prohibited to create and/or publish a database reproducing substantial parts of Album Epoca Services (e.g. price lists or product lists) without PhotoSì’s written consent.
7. DIGITAL CONTENT AND INTELLECTUAL PROPERTY
In order to completely carry out the orders, PhotoSì makes only use of the personal data of registration as stated in the specific provisions in point 2 and of the contents provided by the User and being necessary for the purpose.
The digital contents provided by the User are kept by PhotoSì, only for carrying out the order and are immediately cancelled once the result of the production process is achieved, and in any case no more than 24 months.
PhotoSì does not hold a right to control or intervene in the digital contents forwarded by the User, which cannot therefore by any means be verified or modified.
The processing of digital contents provided by the User and their cancellation take place with absolute respect for the legislation on the protection of personal data and by taking all the steps aiming at avoiding possible abuses, random or intentional manipulations or the access of unauthorised persons.
Users acknowledge that any information, photos, images and file ( "Contents" ) sent are under the responsibility of the person sending the Contents: implying that it is the User, and not PhotoSì, the one and only actor responsible for the Contents sent via e-mail, or transmitted otherwise or disseminated via the Service.
The User, therefore, guarantees that the Contents have been obtained legitimately and in full compliance with the law, also pursuant to art. 9 of the Civil Code and of the European and national regulation on the processing of personal data, and undertakes to indemnify and hold harmless Photosì from any third party claim regarding them.
PhotoSì is unable to control the Contents transmitted and/or disseminated via its Service. As a consequence, it cannot guarantee the lawfulness, truthfulness and quality of the Contents.
Users commit to not using the service to: (1) send via e-mail or otherwise illicit, harmful, threatening, abusive, disturbing, libellous and/or slanderous, vulgar, obscene, privacy-breaking, racist, class-based discriminatory, or reprehensible Contents: (2) harm minors in any way; (3) send via e-mail or transmit or disseminate otherwise contents they are not allowed to transmit or disseminate under the provisions of the law, of a contract or of a confidence-based relation; (4) perform framing activities; (5) send via e-mail, or transmit or disseminate otherwise, Content leading to the violation of patents, trademarks, secrets, copyright or other industrial and/or intellectual property of third parties; (6) send via e-mail, transmit or disseminate otherwise any material containing viruses or other codes, files or programmes created to interrupt, destroy or limit the functioning of software, hardware and telecommunication plants of third parties; (7) interfere with or interrupt the Service, servers, or networks connected to the Service, act against any requirement, procedure or rule of the networks linked to the service; (8) violate, wilfully or not, any current law or regulation.
Users acknowledge that PhotoSì does not pre-emptively control Contents, it not being able to do so in the first place.
However, PhotoSì and its designated actors hold a discretional right - with no obligation attached- to refuse or remove any content accessible via the Service.
PhotoSì and its designated actors hold a right to remove any content violating these General Conditions.
Users commit to fully and independently evaluating the scope of contents, taking on any risks, namely, by renouncing, under any circumstances, to file complaints if the reliability of the truthfulness, completeness and usefulness of the Contents is undermined.
Users understand and agree to PhotoSì having a right to store Contents and share them with third parties with the following aims: a) (with partner companies) providing and efficient Service to the User and administrating the User's Account according to the operational procedures in order; b) under circumstances regulated by the law, or if PhotoSì considers it necessary and/or suitable to: (i) fulfil legal procedures; (ii) apply General Conditions; (iii) respond to third-parties claiming a violation of their rights; (iv) safeguarding the rights, properties and security requirements of PhotoSì, its Users and third parties.
Users agree that technical processing, transmission and distribution of the Service, including Contents, may imply:
- the transmission or distribution of Contents on (or via) other networks;
- the need of modifications to conform and adapt Contents to the technical features of the networks or connection equipment;
- the need to copy, make derivative products and distribute Contents published online.
Users remain the owners of any Content sent, and ensure PhotoSì that intellectual property rights, trademark rights, or any third-party right have not been counterfeited or violated.
8. LEGAL GUARANTEE OF COMPLIANCE AND COMPLAINT HANDLING
PhotoSì ensures that the Services comply with their description and the contract, that they are suitable for the use they have been conceived for and that their quality and usual performances are the same as those of goods and services of the same type.
If the product is defective or damaged the statutory warranties apply.
Products are guaranteed within one year from delivery against defects that impair their value or make them unsuitable for the use they are intended for.
The User is obliged to report the defect no later than 8 days from the discovery in writing.
The defects and/or defects determined by the behavior of the User or the end customer will not be recognized.
In the event of a lack of conformity resulting from a PhotoSì software or a laboratory error, PhotoSì is available to collect the contested articles for a free technical analysis.
If the production defect is confirmed, PhotoSì will remedy pursuant to the law, agreeing with the User (a) a proportional decrease in the price or, (b) the termination of the contract, i.e. the return to the seller of the product and consequent refund of the price.
If the end customer exercises their consumer guarantee actions against the User, the User's right to withdraw from Photosì is expressly excluded.
9. EXCLUSION OF THE RIGHT OF WITHDRAWAL
The right of withdrawal is excluded, since the complete implementation of the service is immediate and the goods are produced and personalised according to the User’s instructions.
Users understand and clearly state that:
- the use of the Serivice is at their own discretion and risk;
- the Service is provided in the version available at a given moment;
- PhotoSì declines any responsibility regarding the use, availability, punctuality, cancellation, lack of supply, update, lack of defects and correction, quality and compatibility of the service for Users; advice and information, whether written or spoken, obtained by the User from PhotoSì shall not be considered as guarantees if they are not explicitly envisaged in the General Conditions.
- any materials downloaded or otherwise obtained during the use of the Service are at the User’s risk.
- PhotoSì does not guarantee continuous supply. Computer damage or data loss related to material downloading are not covered by PhotoSì.
Users acknowledge and agree that, as far as it is provided by current regulations, PhotoSì will not be held accountable for any direct or indirect damage, including loss of profit, clients, data or any other loss of material and immaterial goods (to be applied also if PhotoSì has been informed of potential risks) that may derive from: (i) the use of or the impossibility of using Services, (ii) the acquisition of goods or transactions performed when using the Services, (iii) as a result of unauthorised access of the User to one of the Services and, (iv) more generally, any other circumstances related to the Services.
11. ACCOUNT DEACTIVATION
PhotoSì can deactivate or eliminate User's Accounts or interrupt access to the Service, as well as, remove, move or deny the dissemination of Content in the Service for any reasons, namely: (i) Account inactivity for 6 months, (ii) if PhotoSì has legitimate reasons to consider that the User has violated or acted against these General Conditions and (iii) if the User's behaviour is considered harmful for other Users or for the activity of PhotoSì or of other parties.
Any action taken by PhotoSì concerning the account and the possibility to access the Service can have immediate effect and is not subject to previous legal notice, PhotoSì cannot be held accountable under any related circumstances.
Any communication between the parties shall be in writing, either via mail or e-mail.
PhotoSì can also communicate modifications to these General Conditions by including notices for Users in the Service.
13. APPLICABLE LAW AND COMPETENT COURT
These General Conditions and the relations between PhotoSì and the distributor (on one hand) and the User (on the other), are regulated under the provisions of the Italian law. In the case where the parties intend to have their litigation related to the these General Conditions or the use of the Service solved by a court, the only competent Court shall be the court of Rimini, and none other, or, in the case of a User consumer, the competent Court shall be determined pursuant to art. 66 bis of the Consumer Code.
These General conditions are the only, exclusive agreement between the User on one side, and PhotoSì and the distributor on the other, and cancel any other possible understanding previously existing between the abovementioned parties.
If PhotoSì decides not to exercise one of its rights provided for by the law or these General Conditions, it does not imply it is renouncing to the right itself.
It is understood that, if one or more dispositions contained in these General Conditions are invalidated by the competent Judge, the other provisions and previous General Conditions as stated above shall remain binding.