Store Policy

1. Online service description

 

The online service is managed by Fotomoda srl (hereinafter referred to as Fotomoda) and includes the website by means of which the user orders, subscribes to, downloads and receives publications (both paper and digital).

 

2. Intellectual property

 

Fotomoda is owner of all the content included as part of the service, such as text, graphics, logo, button icons, images, and sets of these elements, and these are protected by Italian law and by the applicable international treatises, including copyright laws and other laws and treatises protecting intellectual property and ownership rights. The user accepts to observe and comply with all of these laws and applicable treatises and to not alter, obscure or remove any declaration of copyright or other declaration of ownership, or key (containing use limitations or other information) included in this content. Fotomoda grants no intellectual property licenses, either expressly or implicitly, with the exception of that expressly authorised by these terms and conditions.

 

3. Online service modifications

 

Fotomoda reserves the right to modify or interrupt the online service (or part thereof) temporarily or definitively, with or without prior notice, at any time. The user accepts that Fotomoda shall not be held liable to him/her or to any third party for any changes to, suspension of or interruption of the online service.

 

4. User policy

 

The user may use the online service exclusively for legal purposes and in compliance with these terms and conditions, and according to any use regulations established periodically by Fotomoda. In case any user should not meet these terms and conditions or the applicable standards, Fotomoda also reserves the right to block the service, to close accounts or to cancel orders at any time and at its own discretion.

 

5. User account

 

Some parts of the online service are available only to those who have registered and got a password from Fotomoda. By registering to Fotomoda, the user certifies to be at least 18 years old. The user may not supply or use another person’s password, e-mail address or other details in relation to the online services. The user is responsible for keeping his/her account and password confidential, as well as for limiting access to his/her devices. The user accepts all liability for all activities carried out within his/her account, including the selection and use of content and services. The user accepts to provide veritable, accurate, up-to-date and comprehensive information on him/herself when registering or ordering publications from Fotomoda and to promptly update such information in order to keep it veritable, accurate, and complete.

  

6. Product conformity and visual correspondence

 

Products are depicted and made visible on the website accurately and in correspondence with the reality. However, Fotomoda cannot guarantee that the photos and colours shown on the client's monitor exactly match the reality. Imperceptible colour variations between the various production batches may also occur.

 

7. Means of delivery

 

In order to guarantee prompt and safe delivery of orders, Fotomoda has chosen to use the most reliable couriers operating on Italian and international territory. If the recipient's address is vacant on delivery, the carrier will leave a card stating the date and time of delivery and a message informing the recipient of delivery the next day. After this attempt, the on-hand balance will be opened. The courier will also leave the telephone number of its local branch in order that delivery can be agreed by phone. The on-hand balance warning does not however authorise the recipient to go to the local depot and pick up the goods without consent.

 

8. Prices and shipping costs

 

Publication prices and shipping costs are quoted in euro, are zero-rated (as per art. 74 paragraph 1 C) of Presidential Dec. 633/72) and are valid in all countries. Payment for publications and the relative shipping costs must be made by the client as described on the website.

 

9. Notification of changes

 

Fotomoda may periodically review these terms and conditions in order to keep them updated with its products and services. Occasional consultation of this website page is recommended to check for any modification. Access to and use of the service following a change shall imply the user's consent to being bound by such changes.

 

10. Liability restrictions

 

To the fullest extent permitted by applicable law, Fotomoda shall not be held liable for any indirect, incidental, punitive or consequential damages or any other theory of liability. To the fullest extent permitted by applicable law, Fotomoda's liability for claims arising from the user's use of the service or publications shall not exceed the fee paid by the user to Publish For for the service or publication giving rise to the claim. Shipping costs for publications ordered shall be excluded from any claims.

 

11. Ceasing

 

Fotomoda or the user may terminate these terms and conditions at any time. With no limitation as to the aforesaid, Fotomoda may, at its sole discretion and without liability, block the user's password or use of the online service for any reason, including the event in which Fotomoda deems that the user has violated or acted improperly with regard to the content or the intention of these terms and conditions. Access to the service in compliance with any clause of these terms and conditions may be terminated without prior notice and Fotomoda may immediately deactivate or delete the user's account and all related information and/or prevent any subsequent access to the online service.

 

12. Contract jurisdiction

 

These terms and conditions constitute the complete contract between Fotomoda and the user of the service and replace any other previous agreement, whether written or verbal, on this matter. These terms and conditions shall be governed by Italian statutes and laws and the parties shall submit to the sole jurisdiction of the Court of Bologna (Italy) with regard to any dispute arising or relating to the user's use of the online service or to these terms and conditions. No waiver by either party for any infraction or default shall be valid as a waiver for previous or subsequent infractions or defaults.