Premise

Welcome to ilFotoalbum.com!

ilFotoalbum provides you with a wide selection of online business services relating to digital photography. These services concern more specifically (i) printing digital photos on different media, (ii) the sale of products.

These general conditions of use (the “Conditions of Use”) are to be applied to all services available on the ilFotoalbum website (the “Website”); unless expressly provided otherwise, any improvement to one or more existing services or to any new service promoted by ilFotoalbum will be subject to the following Conditions of Use.

In order to access the Website and use its Services, the user must have access to Internet (any related costs are his or her own exclusive responsibility) and to the necessary equipment (in this case, computer, modem or any other connection device) for  downloading data, files and digital photos.

By accessing the Website and using the services offered by ilFotoalbum, the user fully agrees to the Conditions of Use. With this agreement, users enter into a contract with ilFotoalbum SRL, which provides the services of the “ilFotoalbum”, a company located in Via Giorgio de Chirico no. 1, 42124 Reggio Emilia (RE), telephone 0522.327646, and undertake to comply with all the provisions of the Conditions of Use.

If you have any questions regarding the Conditions of Use, please contact our customer service.

Conditions of Use of the service (ilFotoalbum)

In order to use the services offered by ilFotoalbum SRL (hereafter also identified as “ilFotoalbum”), it is necessary to agree to the conditions listed below. Users can register on ilFotoalbum only after accepting all the conditions, and clicking on the box “I accept the terms of service”. The text that follows contains the general conditions for the use of the services of ilFotoalbum, hereinafter called “Website” or “ilFotoalbum”, by the person, hereinafter called “user”, subscribing to them.  The user is solely responsible for the data entered in the registration form. The user must update his/her personal details whenever they change.

1. Prices and payment

  • The prices are those listed on the Website at the time of connection and the applicable prices are those listed on the Website on the date of order confirmation. There will be no change to the price while the order is being processed.
  • Prices are quoted in Euro and include VAT. Shipping charges, whose amount is shown before order confirmation, are available on the Website and are invoiced in addition to the price.
  • Payment is made online through a protected payment system, or through any other means mentioned on the website.
  • The confirmed order is  effective upon receipt of payment, according to the chosen payment method. In case of the bank refusing payment, the order shall be automatically cancelled and will result in an order cancellation notice (either directly on the website during the processing of your order, or via email).
  • You are bound by the information you provide at the time of the order; in case of a mistake in typing the delivery address, ilFotoalbum shall not be deemed responsible for not being able to deliver the order.
  • For any use of paid Services offered by ilFotoalbum, an order confirmation will be sent to the email address you provided.
  • ilFotoalbum reserves the right to cancel any order from a user with whom there has been a dispute regarding the payment of a previous order.
  • ilFotoalbum remains the owner of the goods sent (photos, enlargements, related products, etc.) until full payment.
  • An invoice is issued only when the client specifically requests it in the field “customer notes” at the time of placing the order, providing also his VAT number. If the invoice will not be explicitly requested, the amount will be recorded in the VAT register and under no circumstances can an invoice be issued at a later moment.

2. Delivery

Photographic work is delivered to the address shown in the order within a period of time ranging from three (3) to thirty (30) working days from order confirmation. The delivery terms (what is meant by “delivery times” on the Website) are mentioned as an indication, ilFotoalbum cannot be responsible in case of exceeding the indicative times provided on the Website or at the time of the order confirmation.

In case of the absence of the buyer or of a person who can take delivery of the photo works, the carrier (in case of the use of a delivery service other than regular mail) will leave a notification of failed delivery, requesting that the goods be picked up. Under no circumstances shall ilFotoalbum be deemed responsible for any deterioration of the products in case of failure to pick them up or of delayed pick up.

3. Intellectual Property

  • In order to make your Contents available and allow ilFotoalbum to provide the Services offered online, you grant ilFotoalbum a permanent, universal and non-exclusive right to copy, make available, modify, create derivative works of, and distribute the Content that you have put online.
  • You will remain the owners of all Content and you guarantee to ilFotoalbum that no intellectual property rights, trademark rights, or any other right belonging to third parties is the subject of infringement or violation. You undertake to indemnify ilFotoalbum for any action by third parties claiming a violation of their rights.
  • All information, contents, images, files, programmes and materials that ilFotoalbum makes available to you are protected by intellectual and industrial property rights. Therefore ilFotoalbum does not grant you the right to copy, make available, modify, create derivative works of, or distribute any content to which you do not own the rights nor can you do it without previous express consent of the owner of those rights.
  • You are solely responsible for any infringement of third party rights. ilFotoalbum has to right to terminate your membership and to exclude you from the website if you use the Website or its Services to infringe the rights of third parties.

4. Guarantees

You recognize and expressly acknowledge that:

  • USE OF SERVICES IS AT YOUR OWN RISK SERVICES ARE PROVIDED “AS ARE” AND ACCORDING TO THEIR AVAILABILITY.  ilFotoalbum GIVES NO EXPRESSED OR IMPLIED GUARANTEES, INCLUDING (AND WITHOUT THIS LIST BEING EXHAUSTIVE) GUARANTEES RELATING TO THE QUALITY AND COMPATIBILITY OF THE SERVICE FOR A SPECIFIC USE, OR TO THE NON-INFRINGEMENT OF THE TERMS OF USE OF THE SERVICE BY USERS.
  • ilFotoalbum DOES NOT GUARANTEE THAT (I) SERVICES WILL MEET YOUR EXPECTATIONS PERFECTLY (II) SERVICES WILL BE UNINTERRUPTED, APPROPRIATE, OR FREE OF ERRORS, (III) RESULTS THAT MAY BE OBTAINED USING THE SERVICES WILL BE ACCURATE AND RELIABLE, (IV) THE QUALITY OF ALL THE PRODUCTS, SERVICES, INFORMATION OR ANY OTHER MATERIAL PURCHASED OR OBTAINED BY YOU AS A SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) DEFECTS, IF ANY, IN THE PROGRAMMES USED BY USERS WILL BE SUBJECT TO CORRECTION.
  • ANY MATERIAL DOWNLOADED OR OBTAINED IN ANY OTHER WAY DURING THE USE of one of the SERVICES IS ACCESSED AT YOUR OWN RISK.  YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE SUFFERED BY YOUR COMPUTER OR FOR ANY LOSS OF DATA RESULTING FROM DOWNLOADING SUCH MATERIAL.
  • NO ADVICE AND NO INFORMATION, VERBAL OR WRITTEN, OBTAINED BY YOU FROM ilFotoalbum OR DURING THE USE OF THE SERVICE CAN REPRESENT GUARANTEES NOT EXPRESSLY PROVIDED BY THE Conditions of Use.

You undertake to guarantee and indemnify ilFotoalbum against any damage, complaint or request from third parties resulting from (i) the transmission, dissemination, use or communication of Content by you on the Website, (ii) use of Services, (iii) infringement of the Conditions of Use, or (iv) infringement of the rights of others. This guarantee includes indemnity claims, lawyers’ fees and legal costs.

5. Limitation of liability

YOU ACKNOWLEDGE AND AGREE THAT, INSOFAR AS ALLOWED BY CURRENT REGULATIONS, ilFotoalbum SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGE, INCLUDING LOSS OF PROFITS, BUSINESS, DATA OR ANY OTHER LOSS OF TANGIBLE OR INTANGIBLE GOODS (EVEN WHEN ilFotoalbum HAS BEEN INFORMED ABOUT THE POTENTIAL OF SUCH DAMAGE) THAT MAY RESULT (I) FROM THE USE OR INABILITY TO USE THE SERVICES, (II) FROM THE ACQUISITION OF GOODS OR A TRANSACTION MADE DURING THE USE OF THE SERVICES, (III) FOLLOWING UNAUTHORIZED ACCESS TO ONE OF THE SERVICES BY A USER AND (IV) MORE GENERALLY, FROM ANY OTHER QUESTION RELATING TO THE SERVICES.

6. Termination

  • ilFotoalbum has the right to wholly or partly suspend your account and your password, or even to delete your account, in addition to the right of withholding or moving any Content on the Service for any reason, in particular: (i) if the account has not been used for one year, (ii) if ilFotoalbum has legitimate reasons to believe that you infringed or violated the letter or spirit of the Conditions of Use and (iii) in case of behaviour considered by ilFotoalbum to be harmful to other users, to the activity of ilFotoalbum, or to third parties.
  • Termination of your access to the Service can occur without previous notification. ilFotoalbum cannot be held liable to anyone for the termination of your access to the Services.

7. Return policy and replacement of defective products

Replacement and return of defective products
The user has the right  to ask for a replacement of the goods received only if they do not comply with the order, or they have objective defects attributable to proven technical aspects (such as problems with the binding, cover, or paper) or if they were damaged on arrival.  Claims based on the following considerations will not be taken into account:

  • personal taste of the user;
  • printed colours not matching the colours of the client’s monitor;
  • size of photos not matching the chosen format;
  • files damaged by the client during processing (for example, too low resolution or too high compression).

In all other cases the user must contact our customer service via email at info@ilfotoalbum.it within a maximum of 10 days within receipt of the goods, indicating the nature of the problem and accompanying the request with at least 3 photos of the damaged goods. Once the defects have been verified, the goods will be picked up at our expense and reprinted, replaced and/or fixed at no charge.

In cases in which it will not be possible to establish clearly and unambiguously the objectivity of the problem through the photos supplied, the user must send, at his/her expense, the disputed goods to this address:

ilFotoalbum S.R.L.
Via Giorgio de Chirico no. 1
42124 Reggio Emilia (RE) Italy

In both cases it is important for the disputed good to be accompanied by the returns form, downloadable here: [Download form]

Right of cancellation and/or return
Under Article L.121-20-2 of the consumer code, the right of return and/or cancellation cannot be exercised in the case of the supply of custom-made or clearly personalized goods that, by their nature, cannot be used again.
ilFotoalbum always aims for full customer satisfaction and gives the option of cancelling the order until work has started on it.
Users who wish to cancel an order must contact immediately our customer care service, which will proceed with the cancellation if work on the order has not already started. In this case, the user can request a refund of what he has paid by sending an email to info@ilfotoalbum.it, providing his/her bank details. The refund will be paid by bank transfer within 8 working days from the user’s request.

8. Changes

  • These Conditions of Use can be changed at any time, without notice.
  • The Website pages that complement the Conditions of Use are an integral part thereof. During promotional campaigns the Conditions of Use can be supplemented  by additional conditions; in the event of any contradiction between the Conditions of Use and the additional conditions, the latter shall prevail.
  • ilFotoalbum reserves the right at any time to modify or discontinue, temporarily or permanently, all or part of  the Service without prior notice. ilFotoalbum shall not be held liable to your or to third parties for any modification, suspension or discontinuance of the Service.

9. Cooperation with law enforcement authorities

Immagini e materiale pedopornografico saranno immediatamente segnalati all’autorità giudiziaria ed i dati dell’utente saranno forniti insieme al materiale segnalato. ilFotoalbum si riserva ogni ampio diritto di inviare il materiale pubblicato sul sito alle autorità giudiziarie che ne facciano espressa richiesta. ilFotoalbum si riserva altresì ogni diritto di collaborare con le autorità preposte qualora le stesse ne facciano espressa richiesta. ilFotoalbum si riserva il diritto di denunciare alle autorità preposte ogni atto che risulterà lesivo della dignità umana, ed in special modo qualunque abuso e/o maltrattamento nei confronti di minori, qualora questo possa scaturire dalle immagini pubblicate sul sito. ilFotoalbum denuncerà inoltre alle autorità preposte qualunque eventuale tentativo esterno di forzare i sistemi di sicurezza del sito o che possano in qualunque modo essere intesi come ostili. Ogni eventuale tentativo di attacco o forzatura dei sistemi di sicurezza, delle aree ad accesso riservato e dei database contenenti dati personali e materiale riservato, sarà segnalato al provider ed alle autorità giudiziarie competenti.

10. Privacy

  • Users’ personal data will be processed only for providing the printing and delivery service,  for communications about administrative or tax matters, for anonymous statistical studies, and for sending news about our offers and initiatives. In addition, provision of personal data is needed to provide the service and carry out the activities mentioned above.
  • In relation to the mentioned purposes, personal data is processed both manually on paper and through computer devices so as to guarantee data security and confidentiality.
  • Your data can be transmitted and processed externally only for purposes relating to better performance of the business relationship (shipping, transport, handling, accounting).  The names of these individuals are available at our administrative offices
  • ilFotoalbum SRL informs that, pursuant to Art. 7 of Legislative Decree 196/2003, users have the right to: know of the existence of data processing that concerns them; know the details of the Data Controller and Data Processor; upon request obtain from the Data Processor confirmation of the existence of personal data, and communication of the data and of the purposes of data processing; be informed of the deletion, mining or blocking of processed data in violation of the law, and of the updating, rectification and integration of data; object, in whole or in part, for legitimate reasons to data processing; modify consent at a later date, objecting, in whole or in part, to the processing of personal data for business information purposes, for carrying out market research, for commercial communications and similar activities. Users can freely access their own data at any time in order to update, modify or integrate it, or simply to object to its use, by making such a request through registered letter or via fax to ilFotoalbum SRL, via Giorgio de Chirico no. 1, 42124 Reggio Emilia or via e-mail to info@ilfotoalbum.it

The personal data controller is: ilFotoalbum SRL

The personal data processor is: GiamPaolo Caiti, legal representative.

The Location where the personal data is processed is: via de Chirico no. 1, 42124 Reggio Emilia

11. Miscellaneous

  • The Conditions of Use represent the entire agreement between ilFotoalbum and the user of the Service regarding use of the Service; the Conditions of Use supersede any prior agreement between you and ilFotoalbum.
  • Failure by ilFotoalbum to exercise any right under the current conditions of use does not constitute a waiver of that right. If any provision in the Conditions of Use is cancelled, the other provisions will remain valid and will continue to be applied.
  • Any dispute regarding application of the current Conditions of Use, their interpretation or, more generally, the use of the Service, that did not find an amicable settlement, shall be brought before the competent court.