Conditions
General conditions of use and service.
1. Description of the service.
MyPhotomania supplies a large selection of commercial services on line which
are connected with digital photography. In particular these services concern
the printing of digital photographs on various supports, including photographic
paper with a silver base. Unless expressly declared, characteristics which improve
or increase one or more existing services or any new service which improves
or increases one or more existing service or any new service launched by myPhotomania
will be subject to these same conditions of use. To use the services access
to Internet will be necessary ( the costs of which are to be met by the customer).
The customer must have the necessary equipment, in particular, a computer, a
modem or some other instrument which enables connection to Internet and the
exchange of data, files and digital photographs.
2. Need for registration.
By using the service, the customer accepts: (1) to supply true, exact, updated
and complete information about him/herself ( hereinafter referred to as “registration
data” as required in the forms provided for registration in the Service
and (II) maintain and update regularly the registration data so that they remain
true, updated and complete. In the case in which we are supplied with imprecise,
out of date or incomplete, myPhotomania reserves the right to suspend or revoke
the account and to refuse, immediately or in the future, access to the entire
or a part of the Service. MyPhotomania urges respect for the security and private
life of its users, particularly children and for this reason parents are encouraged
to supervise their children’s Internet access and to bear in mind that
the service is used by a large public and that, in their role as guardians,
it is their responsibility to decide what services are or are not suitable for
their children and supervise their use of Internet.
3. Customer behaviour.
It is known that all the information, data, texts, photographs, images or any
other material (hereinafter called the “content”) is the responsibility
of the person who puts the content online. Moreover, the customer declares that
ha has made a back-up copies of data files and digital photographs before sending
them to myPhotomania for processing. The client is the sole person responsible
for the Content he visualises, downloads of transmits in any manner to/from
the service. MyPhotomania does not exercise any control on the content of the
images and, consequently, on the good faith and the quality of the content itself.
In no case can myPhotomania be considered responsible for errors and omissions,
loss or damage to the Content visualised or transmitted in any manner. The client
agrees not to use the service to upload, send, transmit with whatsoever means
content which is illegal, injurious, threatening, abusive, bothersome, libellous,
vulgar, obscene content or that which represents a threat for the private like
others, is racist, damages minors in any way or is punishable in some other
manner. The customer also agrees not to transmit any content which incites to
the perpetration of any crimes, provokes discrimination, hate and violence based
on race, ethnic origin or nationality, not to spread false information, not
to provoke lack of respect for judicial authorities, content containing information
about the adoption process, trials, the suicide of minors or details about an
individual tax position; content which contains slander or offensive comments,
represents an illicit use of personal data; he further undertakes do to do deeds
which endanger minors, in particular by the creation and diffusion of massages
of a violent of pornographic character or of such a nature as to seriously harm
human dignity, not to counterfeit letter headings or manipulate in any manner
the identifying symbol so as to hide the origin of the content; not to download,
visualise, send by any means content which infringes patents, registered trademarks
production secrets, intellectual property rights or whatsoever property right
( collectively called rights) belonging to others; not to download, visualise,
transmit by any means unsolicited and non-authorised advertising or promotional
material (in particular " spam ", " junk mail ", chain letters
or any other form of harassment); not to impede or disturb the Service, the
server, the networks connected to the server, not to register or transmit files
containing viruses or programs designed to overwrite memorised data or perform
any other contaminating function or refuse to conform with the required conditions,
the procedures, the general rules and the governing laws which are applicable
to the networks connected to the server, not to violate, intentionally or not,
any national or international law or ruling in force and all rules having force
of law; not to molest in any way, one or more users, not to gather or store
personal data of other users. The customer declares that he is aware that myPhotomania
cannot visualise content before it is published on the net. However, myPhotomania
or any person or body designated by this company, reserves the right ( without
the same being an obligation) to refuse or remove any Content. MyPhotomania
or any person or body designated by this company shall have the right to eliminate
or remove content which violates the terms of the present condition of use or
would be punishable in any other way. The customer furthermore recognizes that
he has the duty to be vigilant and to accept all the risks connected with the
use of the content, in particular when he relies on the opportunities, the utility
and the complete character of this content. The client recognizes and accepts
that, if myPhotomania protects the content, myPhotomania may divulge it to conform
with the laws in force and, if in good faith, myPhotomania believes such a measure
is necessary (1) in the course of a court case, (II) to make sure the conditions
of use are respected, (III) to respond to claims about the violation of the
rights of third parties, (IV) to protect the rights and interests of myPhotomania,
its users or its public. When the client which to use one of the services where
payment is necessary he is obliged to fill in the foreseen form. The automatic
order back-up system is considered as proof of the nature, content and date
of the order. MyPhotomania confirms to the client the acceptance of his order
at the email address which the customer supplied. The service is carried out
as from the order confirmation. MyPhotomania reserves the right to annul the
order of a client with whom it is in dispute for the payment of a previous order.
The information given by the client when he placed an order attest the address
in case there is an error in the destination address, in no case shall myPhotomania
be responsible if it is impossible to deliver the order. The prices are expressed
in Euro. The prices indicated do not include transport. The prices mentioned
in the order confirmation form are final prices, inclusive of taxes and VAT.
These prices are comprehensive of transports. The invoiced price is the price
reported on the order confirmation document issued by myPhotomania. The cost
of the service is payable in cash on the day the order is made. Payment is made
on-line with a credit car, using the protected payment system used by myPhotomania.
MyPhotomania uses one of the most trustworthy protected payment systems available
on Internet. The confirmed order becomes effective when the bank payment centres
have given their approval of the payment. If the above bank clearing centres
refuse payment the order will automatically be annulled and the customer will
be informed by email. The photographs are delivered to the delivery address
on the order form within (9) working days of the order confirmation. The delivery
times mention on the site MyPhotomania are indicative. MyPhotomania is not responsible
for the non respect of the delivery times indicated on the site. In the case
of the absence of a person who can withdraw the prints the vector will send
a message saying that they found no-one at home and inviting the client to come
and pick up the prints. In no case will myPhotomania be held responsible for
any deterioration in the prints caused by the late collection of the prints
at the Carrier’s or failure to collect the prints.
4. Special advise for international users.
Taking into account the global nature of the Internet network, the international
client agrees to conform to all the rules applicable in his country of residence,
to the behaviour of the users and admissible content. admissible.
5. Prohibition to re-sell the service.
It is forbidden to reproduce, copy, sell or use for commercial purposes, all
or part of the service, all the uses of the service and the right of access
to the service.
6. Modification of the service.
MyPhotomania reserves the right at any time to modify, temporarily or permanently
interrupt all or part of the service, all without informing the clients in advance.
MyPhotomania shall not be considered responsible by clients or third parties
for any modifications, suspensions or interruptions of said service.
7. Guarantees.
MyPhotomania offers a “satisfied or refunded” guarantee. If the
quality of the prints does not satisfy the client, myPhotomania commits itself
to refund the sum paid by the client, after the client has sent to MyPhotomania
the printed photos within 7 days of the delivery. ( postal stamp is proof of
despatch).
