GENERAL CONDITIONS

LAST UPDATED ON 30TH OCTOBER 2020

PREMISE

These General Conditions (General Conditions):

Unless otherwise provided for, any improvements to one or more existing services, or any new service promoted by PhotoSì, will be subjected to the following General Conditions.

These General Conditions may be updated or modified by PhotoSì; amendments and integrations will be valid and effective as of the date on which notifications for Users are published on the website or on the App and shall be applicable as of said date.

By downloading, installing or using the App, or using Services in any way, the User confirms they have read, fully understood and unreservedly accept the 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 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

E-mail: info@miofotografo.it 

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.

SECTION A

TERMS OF USE FOR THE WEBSITE AND THE PHOTOSÌ APP

ART. 1 - PHOTOSÌ SOFTWARE LICENSE OF USE

The General Conditions specified here below define and regulate contractual relations between PhotoSì S.p.A. Unipersonale, a single-member company (hereinafter, also for the sake of brevity, the “Owner”), based in Via Carpegna n.22 47838 Riccione (RN), in its capacity as owner of the website www.photosi.com , usable software and the application called “PhotoSì” and users (hereinafter referred to as “User”, for the sake of brevity).

The Owner grants the User a limited, non-exclusive, non-transferable and non sub-licensable licence to access PhotoSì Services for personal and non-commercial use only.

PhotoSì Services can be activated with the following programs (hereinafter: “Software”):

PHOTOSÌ APP: application for accessing online printing Services from mobile devices and smartphones.

www.photosi.com – distributore.photosi.com – www.miofotografo.it – distributore.miofotografo.it: websites owned by PhotoSì. The Italian word "distributore" (distributor) defines the distribution partner providing the service to the User.

MY COMPOSER: application software providing Users access to online Print Services.

EASYPRINT: over the counter software enabling to order print services online at the presence of an assistant.

PHOTOSI KIOSKS: self-service device enabling Users to order print services.

The listed systems are based on software developed directly by the Owner itself or by Photosì partners.

The User will have at his disposal a wide range of products and services in the photographic printing market dedicated to the final consumer.

Such products and services notably include:

ART. 2 - REQUIREMENTS FOR WEBSITE AND APP USE 

The PhotoSì Website and App are reserved for individuals aged 18 years or more.

ART. 3 - METHODS OF USE

Users need Internet access (costs incurred are at the User's charge only) in order to use the websites of the Company and the company’s software which enable them to create and order products, and the equipment (computer, mobile device, smartphone, modem or any other connection device) required to download data, file and digital pictures.

The User can use the PhotoSì App exclusively on a mobile device and can access the PhotoSì App and dedicated services by downloading the application from iTunes (iOS version), Google Store (Android version), free of charge.

The Website and the App use suitable techniques for the encryption of material they contain (photos), protecting and preserving the User's personal data.

The User must not use Services for illegal or unauthorised purposes. In such an event, the Owner reserves the right to deactivate the user name and connected service.

The User is exclusively liable for information, data and photos sent to PhotoSì. The Owner reserves the right but is not necessarily required to remove the contents and accounts believed to have illegal, offensive, libellous, obscene contents, or contents in breach of these contractual conditions.

The User must not decodify, alter or modify the service provided by PhotoSì Software in any way or for any reason.

It is strictly forbidden for the User to use automated systems for the sending of messages to the PhotoSì server.

Conduct described in the aforementioned points or even attempts at engaging in such conduct as well as any conduct in breach of copyright, trademarks and other intellectual property rights or third party personal data protection rights are strictly forbidden and constitute serious breaches of this contract.

The User shall be considered solely and exclusively liable for the use of PhotoSì software, under all circumstances.

The Owner reserves the right to suspend the User's access to the service and report the User to Authorities, before any competent court, with the purpose of ending any aforementioned conduct and protecting its own rights.

Use of the Website and App requires the processing of personal data by PhotoSì, in compliance with personal data protection regulations specified in separate information statements (Cookies-SDK and Privacy Policy)[a]

ART. 4 - MODIFICATION OF FUNCTIONS

The Owner reserves the right to maintain the PhotoSì Website and App active, free from errors and secure.

However, the Owner does not guarantee the constant and regular operation of the service.

The Owner may modify services or remove functionalities at any time, notifying the User in advance in the event of substantial modifications.

ART. 5 - REGISTRATION CONDITIONS

The User will only be required to register with an account after creating a product, upon requesting to access the "add to cart" function.

The User shall be required to register an account to continue with and complete their purchase.

Registration takes place by means of a guided process on the Website and the App and requires the User to provide some information, including by way of example but not limited to: name, surname, email address, or the sharing of data on social media channels (Facebook or Google), or by providing their email address only.

The User commits to:

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.

The User is required to keep information on their account and password secret and is responsible for all activities carried out with their username.

Once registration is completed, Users are given a personal Account, accessible with a personal User ID ( ID ) and Password ( PW ).

The PhotoSì Account is strictly 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.

Registration results in the agreement to the treatment of personal information in accordance with the norms regulating privacy, described in a separate note (Privacy Policy)[b]

ART. 6 - DURATION OF THE CONTRACT

Contractual duration is one year from activation and will be subject to tacit renewal for a period of time of equal duration.

SECTION B

CONDITIONS OF SALE OF PHOTOSÌ PRODUCTS AND SERVICES

ART. 7 – DESCRIPTION OF CHARACTERISTICS OF PRODUCTS AND THE USE OF SERVICES

PhotoSì offers a wide range of Products and Services on the photo printing market, dedicated both to professionals and final consumers, and provides a wide selection of products and commercial services (together called “Services” ) online and in store through its distributors.

The abovementioned services include:

PhotoSì services can be activated via the following software:

PHOTOSÌ APP: application for accessing online printing Services from mobile devices and smartphones.

www.photosi.com – distributore.photosi.com – www.miofotografo.it – distributore.miofotografo.it: websites owned by PhotoSì. The Italian word "distributore" (distributor) defines the distribution partner providing the service to the User.

MY COMPOSER: application software providing Users access to online Print Services.

EASYPRINT: over the counter software enabling to order print services online at the presence of an assistant.

PHOTOSI KIOSKS: self-service device enabling Users to order print services.

The abovementioned systems enable to realise the following products personalised with one’s images:

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.

Online orders can be performed only upon the User's consent to the General Conditions and Privacy Policy, by checking the specific box.

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.

A contract for the purchase of photographic products may be concluded in any of the following ways:

 or

ART. 8 - PURCHASE REQUIREMENTS

The purchase of PhotoSì Products and Services is reserved for individuals aged 18 years or more.

ART. 9 - 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 Euro and include Italian VAT charges.

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 a 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 the bank system.

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 store.

ART. 10 - TERMS, IMPLEMENTATION AND DELIVERY

The contract of use and purchase of PhotoSì Products and Services is immediately effective.

THE CANCELLATION OR THE MODIFICATION OF THE ORDERS CONFIRMED BY THE USER IS NOT ALLOWED.

The whole production process is completely automated and the machines of the laboratory are active 24 hours a day, therefore PhotoSì cannot intervene manually after the User has sent the order.

Moreover, it is technically not possible, for the operators of PhotoSì, to modify the order parameters related to:

• Promotional codes having not been entered;

• 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).

IT IS RECOMMENDED THAT THE USER CONFIRMS THE SENDING OF THE ORDER ONLY AFTER A CAREFUL VERIFICATION OF THE SETTINGS .

Photo products are delivered at the delivery/collection address provided in the order.

The delivery times are specified on the website, in the relevant product fiche.

The terms of order delivery (terms of delivery) are stated as an indication. PhotoSì declines 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 may be deducted as a compensation.

SECTION C

COMMON PROVISIONS

ART. 11 - COPYRIGHT, DATABASE, TRADEMARK AND PATENT RIGHTS.

The User accepts and recognises that the PhotoSì Website and App, which include, by way of example, texts, graphics, editorial contents, logos, icon buttons, audio and video files, digital downloads, collections of data and software, are the property of PhotoSì and contain information covered by exclusive property rights, and material owned by PhotoSì is protected by intellectual property regulations and other applicable provisions, including, by way of example, copyright.

Graphic material, logos, headers, icon buttons, fonts and service trademarks included or made available by any PhotoSì 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 PhotoSì 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 PhotoSì 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.

The User agrees to use such proprietary information and materials solely for the use of the Site and the App in accordance with the provisions of this agreement.

Extracting and/or systematically re-using parts of PhotoSì 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 PhotoSì Site or App, without prior written consent. It is also prohibited to create and/or publish a database reproducing substantial parts of PhotoSì Services (e.g. price lists or product lists) without PhotoSì’s written consent.

The reproduction, duplication, copy, sale, resale, visit or any other use for any commercial purposes of PhotoSì Services in full and in part is strictly forbidden without explicit written consent.

Framing or the use of framing techniques for the misappropriation of any PhotoSì trademark, logo or other proprietary information (including images, texts, page settings or format), as well as the use of any meta tags and any other "hidden text", using the name or trademark of PhotoSì, is strictly forbidden in the absence of explicit written consent.

The Owner is the exclusive holder of the "PhotoSì" service on national and international territory as well as of the logo, interactive functions, design, script and graphics.

No part of the Website, the App or any PhotoSì Service must be reproduced in any form or using any means, other than what is exclusively provided for, as specified in these conditions.

The user accepts not to modify, rent, hire, lend, sell, distribute or create derived works based on the PhotoSì Website, App or Services, in any way, and must never engage in any unauthorised use of the App.

Despite provisions to the contrary set forth in this contract, PhotoSì reserves the right to change, suspend, remove or disable access to the application without notice.

PhotoSì shall not be held liable for such changes under any circumstances.

PhotoSì may also establish limits for use or access to certain functionalities or parts of the service, under any circumstances and without providing notice or incurring liability.

 ART. 12 - DIGITAL CONTENT AND INTELLECTUAL PROPERTY

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.

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.

The User acknowledges 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 Content sent, transmitted otherwise or disseminated via the PhotoSì App.

PhotoSì is unable to control the Contents transmitted and/or disseminated via its PhotoSì Site and App. As a consequence, it cannot guarantee the lawfulness, truthfulness and quality of the Contents.

Users commit to not using PhotoSì Site and App to: (1) send or otherwise transmit 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 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, 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, 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 App, 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 App.

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.

The User agrees that technical processing, transmission and distribution of the Service, including its Contents, may imply:

The User remains the owner of any Content sent, and ensures PhotoSì that intellectual property rights, trademark rights, or any third-party rights have not been counterfeited or violated.

ART. 13 - LEGAL GUARANTEE OF COMPLIANCE

PhotoSì guarantees that the Website, the App and connected Services match their description and the contract, that they are suitable for intended use and present normal qualities and functionalities typical of goods and services of the same kind.

ART. 14 - DISCLAIMERS

The User understands and clearly states that:

Users commit to compensating PhotoSì for damage, legal action or requests from third parties, deriving from (i) the sending, dissemination, use or transmission of contents on the website by the User, (ii) the use of the Site, the App and the related Services, (iii) the violation of these Terms of use or (iv) the violation of the rights of other parties. This guarantee extends to claimed compensations, lawyer's fees and judicial costs.

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 the Site, the App and the Services, (ii) the acquisition of goods or transactions performed when using the Site, the App or the Services, (iii) as a result of unauthorised access of the User to the Ste, the App or one of the Services and, (iv) more generally, any other circumstances related to the PhotoSì Site or App.

 ART. 15 - EXPRESS TERMINATION CLAUSE

  1. The violation of these General Conditions will result in the revocation of the authorisation or licence granted by PhotoSì.
  2. The User's breach of obligations shall result in the automatic termination of this contract and the company shall reserve the right to solicit Judicial Authorities for compensation for damages.
  3. Access to the Website or app and Services shall be deactivated and as such the use thereof or of any contents created using them shall no longer be possible.

ART. 16 - ACCOUNT DEACTIVATION

PhotoSì can deactivate or eliminate User's Accounts or interrupt access to the Site or the App, as well as, remove, move or deny the dissemination of Content in the Site or the App 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 the User has 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.

ART. 17 - COMMUNICATIONS

Any communication between the parties shall be in writing, either via mail or email.

PhotoSì can also communicate modifications to these General Conditions by including notices for the User in the Site or in the App.

 

ART. 18 - APPLICABLE LAW AND COMPETENT COURT

These General Conditions and the relations between PhotoSì and the User 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.

This Agreement is drawn up in the Italian language and shall prevail, in case of conflict, over any previous versions and/or further versions translated into foreign languages.

Provided the global nature of the web, the User commits 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.

ART. 19 - MISCELLANEOUS

These General conditions are the only, exclusive agreement between the User and PhotoSì : thus cancelling any other possible understanding previously existing between the above mentioned parties.

Users shall also comply with the possible General Conditions concerning the use of collateral Services or services related to the contents of third parties, or related to the terms of use of software of third 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.