LAST UPDATED ON 9TH FEBRUARY 2024

 

PREMISE

These General Conditions (General Conditions):

• are understood to be provided in order to regulate the terms of use of the website https://www.photosi.com  (hereinafter: “Website”) and the Application called “PhotoSì” (hereinafter: “App”); 
• apply to the use of the Website and the App and to Services specified here below;
• are understood to be provided in order to regulate the conditions of sale of PhotoSì products and services, hereinafter: “Services”);
• constitute an integral part of the Website, the App and Services provided by PhotoSì;

 

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: help@photosi.com

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.

The Data Protection Officer (DPO) can be reached at the following email address: dpo@photosi.com.

 

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: 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.

PhotoSì Retail Solution (PRS): 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:

• printing on photographic paper of digital images the User sends online;
• the creation of various photographic products personalised with your own images (for example, T-shirts, furnishing elements, cards and calendars, enlargements, canvases and frames, photobooks, gadgets, etc.) by means of the User sending digital images.
• the sale of non-personalised products, such as albums, frames and gadgets that are standardised and without any form of User personalisation and images.
• digital photo processing through integrated software 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.

This licence does not include any rights to commercial use of any PhotoSì Service or its contents, nor the right to collect and use lists, descriptions or prices of products, to make derivative use of PhotoSì Services or their contents, to perform any kind of download or copy of account information for the benefit of another reseller, or to use data mining, robots or similar tools for collecting and extracting data.

All rights not expressly conferred by these General Conditions remain with PhotoSì or its licensees, suppliers, editors, rightsholders or other service providers.

 

ART. 2 - REQUIREMENTS FOR WEBSITE AND APP USE 

The PhotoSì Website and App are reserved for persons 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).

 

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:

• providing current, true and complete personal information ( "Registration information" );
• keeping their Registration Information updated, for them 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.

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)

 

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:

• photo printing on photographic paper of digital images the User sends online;
• picture-based products, created with digital images that the User sends online;
• digital photo processing through software conceived and created 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;
• the sale of generic and non-personalised products (e.g. non-personalised frames or albums).

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: 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.

PhotoSì Retail Solution (PRS): 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:

• photo prints;
• enlargements;
• photo-books;
• furnishings;
• tickets and calendars;
• gadgets in general.

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:

• - at the store selected for collection, where the product must be paid for, prior product verification; 

or 

• - directly online, via online payment, when the User opts for home delivery;
• - directly online with collection at a preselected store, where the product must be paid for, prior product verification.

 

ART. 8 - PURCHASE REQUIREMENTS 

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

 

ART. 9  –  - PRICES AND METHODS OF PAYMENT

The product Prices, plus handling and shipping, are indicated directly on the Site or App during the order process and are detailed upon completion of the order and prior to its confirmation. They are displayed separately as part of the final order summary.

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.

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 accepts no responsibility in cases of failure to collect the product from the address indicated by the User.
PhotoSì has the right to terminate the contract and arrange for the disposal of the goods, subject to the right for compensation for any damages suffered, after failure to collect the goods from the address indicated by the User within 10 working days.

Any sums paid by the User may be withheld as compensation for damages.

 

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.

In order to provide a comprehensive and more usable service, PhotoSì allows the User to review any projects already completed with an order confirmation in order to be able to reprint or amend the content.

This process provides for PhotoSì’s retention solely of the following data:

• references to photos (photos are always stored locally on the User’s device);
• any text inserted into the product (e.g. in the case of Vintage Prints and PhotoBooks);
• product options (size, colour, etc.);
• changes applied to the photo (filters, frames, rotations).

Therefore, the User may access a preview of a product already sent for printing, from the ‘My orders’ section of their account, provided that the images are still available on their device.

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 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.

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 - CONFORMITY OF PRODUCTS AND SERVICES TO THE CONTRACT AND LEGAL GUARANTEES

Pursuant to Art. 129, sub-sections 1, 2 and 3 of the Consumer Code, Legislative Decree 206/2005 and subsequent amendments and addenda, PhotoSì guarantees compliance with the contract and, moreover, that it meets the objective and subjective requirements of conformity provided for by law, with respect to the Website, the App, the Products and related Services. In particular, PhotoSì ensures:

• compliance of the same with the contract-based description, their type, quantity and quality;
• suitability for the intended use specified by the User at the time of signing the contract;
• suitability for purposes for which products and services of the same type are normally used;
• the presence of characteristics, also in terms of durability, functionality, compatibility and safety, normally featured in products/services of the same type and which the User may reasonably expect.

PhotoSì also undertakes to ensure that the Website, the App and related Services are constantly updated and, pursuant to Art. 130 of the Consumer Code and subsequent relative amendments and additions, shall make available to the User free periodical updates, also related to security. If the User does not install the update provided within a reasonable period of time, PhotoSì shall not be deemed responsible for any occurrence of non-conformity resulting from the lack of the relative update.

The legal guarantee of conformity covers any presence of non-conformity at the time of delivery/collection  of a product and which occurs within two years from that moment, except in the case of defects or deviations of particular characteristics of the product from the objective requirements of conformity, in relation to which the User was specifically informed at the time of signing the contract.
No lack of conformity pursuant to Art. 129, sub-section 3 and Art. 130, sub-section 2 is present if, at the time of signing the sales contract, the User had been specifically informed of the fact that a particular characteristic of the asset deviated from the objective requirements of conformity provided for by these standards and the User expressly and separately accepted the deviation in question at the time of signing the sales contract.
The reporting of any lack of conformity of purchased products may be made, within a maximum of 26 months from delivery/collection, by submitting a specific request for assistance to the Customer Service, following the procedures indicated in the reserved area in the sections “My orders” and “Get help with this order”, or, alternatively, by forwarding a notification via e-mail to help@photosi.com, indicating the order number. 
In cases where products are collected from one of the distributors the User may contact the latter directly to present a report.

Pursuant to Art. 135-bis of the Consumer Code and subsequent amendments and additions in the event of a lack of conformity, the User shall be entitled to pursue the following remedies:

• repair or replacement of the product, either of which may be freely chosen by the User and duly provided for, provided the requested solution is not impossible or does not impose disproportionate costs on PhotoSì, taking into account the significance of the defect and the value of the product in the case of absence of the defect referred to;
• a proportional reduction of the price or termination of the contract, if the conditions indicated under points a), b), c) and d) of sub-section 4 of the aforementioned Art. 135-bis are present, except in the case of a minor defect in the sense indicated thereunder;

Where possible, in accordance with the terms outlined above, the repair/replacement of a product will occur at no cost for the User and within a reasonable time following receipt and examination on the part of PhotoSì of the notification of a lack of conformity and the request for activation of the remedy chosen by the User.

In this case, the products to be repaired/replaced shall be made available to PhotoSì by the User.

The alternative remedies of a price reduction and termination of the contract follow the conditions and methods indicated in Art. 135-quater of the Consumer Code, which shall be understood as fully referred to.

If the User chooses the remedies of a price reduction/termination of the contract, PhotoSì will verify the existence of the conditions necessary for the request presented by the User, and in due course notifying the latter of the outcome.

The remedies indicated to ensure conformity of the product constitute legal obligations for PhotoSì and are not affected or replaced in any way whatsoever by any further conventional guarantees which PhotoSì may undertake to establish.

For all matters not provided for in this chapter, the provisions of the Civil Code relating to the formulation, validity and effectiveness of contracts shall apply, including the consequences of terminating a contract and the right to compensation for damages.

ART. 14 - RIGHT OF CANCELLATION

 

ART. 14.1 - EXCLUSION OF THE RIGHT OF CANCELLATION FOR PERSONALISED PRODUCTS

Pursuant to Art. 59 sub-section 1 a) and c) of the Consumer Code, and its subsequent amendments and additions, the right of cancellation in relation to all personalised products is excluded as, due to the fact that the production process is fully automated, (see Art. 10) complete execution of the service is immediate and instantaneously applicable with respect to the order and, moreover, the products are made to measure and personalised on the basis of the User's requirements.

Therefore, for services and products which are tailor-made or evidently personalised, such as (by way of example) products that contain images submitted by the User, e.g. photo prints, albums, PhotoBooks, calendars, wall prints and gadgets, etc., the right of cancellation shall be considered as expressly excluded.

ART. 14.2 - EXERCISE OF THE RIGHT OF CANCELLATION FOR NON-PERSONALISED PRODUCTS

On the contrary, for generic and non-tailor-made services and products, such as (by way of example) albums, frames and gadgets that are standardised and present no form of personalisation or images of the User or which have been sent by the User, the possibility to exercise the right of cancellation is provided for.

Pursuant to Art. 52 of the Consumer Code and subsequent amendments and additions, without prejudice to the exceptions indicated in Art. 59, the User – or “consumer” of the product – is allowed a period of fourteen (14) days to cancel the distance contract without having to provide any reasons for such action and without having to incur costs other than those provided for in this article.

The cancellation period ends after fourteen (14) days, starting from the day when:

• A. in the case of an order relating to a single Product, the User or a third party, other than the carrier and indicated by the User, acquires physical possession of the Product;
• B. in the case of a multiple order with separate deliveries, the User or a third party, other than the carrier and indicated by the User, acquires physical possession of the final Product;
or
• C. in the case of an order relating to the delivery of a Product consisting of multiple lots or items, the User or a third party, other than the carrier and indicated by the user, acquires physical possession of the final lot or item.

In the case of collection occurring at a sales point (for example, a photo shop or a large-scale retail supermarket) the cancellation period shall end after fourteen days, starting from the day of collection.

To exercise the right of cancellation, the User must inform PhotoSì of the decision to cancel before the Cancellation Period has expired.

Detailed procedural guidelines relating to exercising the right of cancellation are available online in the PhotoSì website on the "Right of cancellation" page and by directly accessing the reserved area through the “Get help with this order” section.

The cancellation procedure will be activated at the Customer Service point and an indication of how the product should be returned will be provided.

In cases where the right of cancellation is exercised the product will in fact have to be returned by adhering to the delivery methods indicated by Customer Service:

• A. direct return to the PhotoSì premises in the case of products that have been received at home;
• B. return to the collection site (Point of Sale or a large-scale retail Supermarket) in the case of products that were collected at a selected sales point.

To check the status of the cancellation procedure, Customer Service may be contacted by forwarding an e-mail to help@photosi.com.

The direct costs for the return are borne by PhotoSì, which will arrange the transfer and consignment, either directly or through the collection point.

The Right of Cancellation will be understood as exercised correctly if the following conditions are also fully met:

• the products must be returned placed in their original packaging;
• the products must be intact, complete in all their parts, accompanied by all accessories and product information leaflets, and with the identification tags, labels and disposable seal, where present, still attached;
• the products must be accompanied by the receipt or official certification of payment which may be issued at the time of collection;
• the products must not have been used, tampered with or damaged;
• the products must be fully functional and suitable for their intended use;
• the products must be free from any signs of wear and perfectly clean.

The User is solely responsible for any decrease in the value of the goods which may result from a form of manipulation of the Product other than that required to define the nature, characteristics and functioning of the Product.

The Product must in any case be preserved, handled and inspected with normal due diligence and returned.
Furthermore, the cancellation applies to the Product in its entirety.
Thus, the cancellation cannot be exercised in relation to parts and/or accessories of the Product.

As soon as PhotoSì has received the returned product and has verified that all conditions have been met, the User will receive via e-mail confirmation of acceptance of the product and notification that the cancellation procedure has been completed.

If the Right of Cancellation is exercised following the methods and terms indicated in this section, PhotoSì will refund the amounts already received for the purchase of the products applying the same methods used for the purchase.
Therefore, the refund will be carried out according to the following methods:

• A. in the case of online payment, the refund will be made directly by PhotoSì adopting the same method;
• B. in the case of payment at the Collection Point, the refund will be made directly by the photo shop or the large-scale retail supermarket, also in cash.

The relative sums will be refunded as soon as possible and, in any case, within fourteen (14) working days from the date when PhotoSì is informed of the User’s intention to exercise the right of cancellation.

The timing of the refund will vary according to the payment method chosen at the time of purchase.

In the event of failure to respect the procedures and terms relating to the exercise of the right of cancellation, as specified in this section, the User shall not be entitled to receive a refund of the sums already paid.

However, at their own expense, Users may regain possession of the products in the state in which they were returned. Otherwise, PhotoSì will be able to retain the products, in addition to the sums already paid for their purchase.

 

ART. 15 - DISCLAIMERS

The User understands and clearly states that:

• the use of PhotoSì Site and App is at their own discretion and risk;
• the Site or App are 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 of the Site or the App, and any equipment damage (computer or mobile device) or data loss related to material downloading are not covered by PhotoSì.

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. 16 - 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. 17 - 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. 18 - 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. 19 - 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. 20 - 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.