GENERAL TERMS AND CONDITIONS OF SALES AND USE

 

INTRODUCTION

These General Terms and Conditions of Sales and Use ( General Conditions ) apply to all the Products and Services available on the 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 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.

 

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.

REGISTRATION IS COMPULSORY TO ACCESS PhotoSì SERVICES .

Registration is performed online and Users are required to provide information which include: name, surname and e-mail address among others.
Users commit 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If Users provide false, inaccurate, incomplete or outdated information, or if PhotoSì considers, on the grounds of a discretional evaluation, that the information provided is false, inaccurate, incomplete or outdated,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.

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.

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 ).

 

3. DESCRIPTION OF THE CHARACTERISTICS OF THE GOODS AND USE OF SERVICES

PhotoSì offers a wide range of products and services in the field of photo printing, dedicated both to professionals and final consumers, and provides a large set of online products and services (together called Services ).

The abovementioned services include:

PhotoSì services can be activated via the following software:

PHOTOSI PRINT UP: application software providing Users access to online Print Services form mobile devices.

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.

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

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

The possible costs of connection turning out to be necessary for the conclusion of the contract are at the User’s charge.

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 PhotoSì services for personal and non commercial use only.
The licence does not include reselling or commercial rights to PhotoSì 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 PhotoSì 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.
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.

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 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 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 shop.

 

5. TERMS, IMPLEMENTATION AND DELIVERY

The contract of use and purchase of PhotoSì 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 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).

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 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 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.

 

6. COPYRIGHT, DATABASE, TRADEMARK AND PATENT RIGHTS

Any contents found or made available on PhotoSì 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 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.

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 any PhotoSì Services, 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.

 

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.

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 digital contents are processed by the programmes specified in point 3.

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.
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:

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.

In the case of defective or damaged products, the User must notify the anomalies detected at the address info@miofotografo.it .

In the case of a lack of conformity deriving from an error of the programme or the laboratory, PhotoSì is willing to recall the articles contested for a free technical analysis.

The User can give back the products to the point of sale where they have been picked up or send them to the seat of PhotoSì, attaching a CD or DVD with the original image files, the project MyComposer (if used) and a notice where the defect detected is stated (as precisely as possible).
The point of sale shall forward this material to the PhotoSì laboratory: after a check, if the defect is confirmed, PhotoSì shall refund the amount of the product to the point of sale, shall give instructions on how to send a new order free of charge or, if possible, shall print the product again.

 

9. EXCLUSION OF THE RIGHT OF WITHDRAWAL

Pursuant to art. 59 paragraph 1 letters a) and c) of the Consumer Code, Legislative Decree no. 206/2005 with subsequent modifications and additions, 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.

 

10. DISCLAIMERS

Users understand and clearly state 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 Content on the website by the User, (ii) the use of 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 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. DATA AND DIGITAL IMAGE STORAGE

PhotoSì provides Users the opportunity to store digital photos downloaded on their account.
Yet, PhotoSì holds a right to limit storage service, namely, but not exclusively, by (i) setting a maximum memory storage space on the PhotoSì server hosting Content, (ii) limiting the number of accesses to a Service for a given period of time (along with setting the maximum duration of each access), (iii) setting a maximum period of time for the availability of the Contents .
PhotoSì does not provide guarantees in case of cancellation or storage problems of messages, communications or any other Content disseminated or transmitted via the Service.
Users shall make back-up copies of data and files before sending them to the website. PhotoSì declines any responsibility in case of damage or loss of data and files.

In addition, PhotoSì provides Users the opportunity to save and share digital photos via the PhotoSì community, which enables Users to save their projects in a reserved area regulated by the terms of privacy/use below:

 

12. 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.

 

13. COMMUNICATIONS

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.

 

14. 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.

 

15. MISCELLANEOUS

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.
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.