General Conditions of Use Software/Fabrialbum Website
The General Conditions of Use (CGU) regulate access, use and purchase of products and services through the Fabrialbum website (hereinafter referred to as the website). These general conditions of sale are agreed between Fabrialbum - Álbuns Fotográficos Lda, with registered office Zona Industrial nr.2 Lote 43, 4560-709 Penafiel, PORTUGAL, tax identification number 506899063 and contact +351 255 213 512, hereinafter referred to as "Fabrialbum" and people who wish to make purchases through the website www.fabrialbum.pt hereinafter referred to as "User".
Any person, hereinafter referred to as a User, who intends to use the services of the Fabrialbum software must accept these terms and all other policies and principles that govern it. Accepting them is absolutely essential for using the software and its services.
The User must read, make sure that he understands and accepts all the conditions established in the CGU, as well as in the other documents incorporated therein by reference, before registering as a user of the Fabrialbum Software. The company reserves the right to carry out, at any time and without prior notice, any modification or update of its contents and services; of the present CGU and of any element that integrates the design or configuration of the software. The modification of these general conditions does not affect the goods or promotions that were purchased before the changes.
1. General Conditions
1.1. The website offers a service for digital photographic development and printing of photographic products.
1.2. Any delivery and any service are governed by the following general conditions of sale in the current version at the time of order. These general conditions of sale are the only ones applicable and replace any other conditions, without express and written prior revocation.
1.3. These general conditions of use apply exclusively to users, that is, to individuals who use our services without this being imputed to their commercial or professional activity.
1.4. The information on the website is subject to change (texts, images or others). All images of the products presented are merely illustrative and may differ from the final products presented to the customer.
2. User account
2.1. The user has the possibility to register an account free of charge, which allows him to manage more easily and anywhere in Portugal all projects and all order data. In general, access to the services and contents of the website will not be required to register the user. However, the use of certain services and contents may be subject to prior registration. In order for the created products to be saved, to be retrieved later, the user must register in advance.
2.2. To access the user account, a valid email address and a password of the user's choice will be required, which must be defined when creating the account.
2.3. To use the user account, it is essential that the email address communicated to Fabrialbum is exact. In fact, the means of communication that Fabrialbum will use will be email. For this purpose, the user must communicate correct data and inform Fabrialbum of any change of address.
2.4. The user account is accessible and available 7 days a week and 24 hours a day. However, it is possible that, due to the need for maintenance, interventions on the website or the network or as a result of other incidents or disturbances, beyond Fabrialbum's will, access to the website or user account may be interrupted. Fabrialbum cannot be held responsible for any loss or damage arising from such interruption.
2.5. The account holder is solely responsible for all digital photographs or images uploaded and, in general, for any use made by the user or by third parties with access to the account.
2.6. For greater security, the user should keep the chosen password secret. Fabrialbum will not incur any responsibility in the event that the password is used by third parties and cannot be held responsible for any damage resulting from unauthorized use, by itself or by third parties. The user must inform Fabrialbum of any unauthorized use of his password and must change this password as long as he thinks it is no longer confidential.
2.7. The service is provided for an indefinite period. Fabrialbum or the user can cancel this service by giving 15 days' notice (LEI). This notice is given by Fabrialbum if a message is sent to the e-mail address associated with the user's account. On the other hand, the user can make this advance notice through the "Contacts" section.
2.8. When the user account service is terminated, Fabrialbum deletes the account, as well as all photographs and projects that are stored in it.
2.9. In addition, Fabrialbum may, without prior recourse to any legal means or payment of any indemnity, close the user account service and/or block access to the account or delete digital photographs placed on the user account and that violate the current Conditions General.
3. Use of the Website
3.1. The website for processing digital images and creating photography products are property of Fabrialbum.
3.2. This software can only be used individually in the context of a private use. Any other download, copy, permanent or temporary reproduction, in whole or in part, is prohibited. For the Fabrialbum platform, translation, adaptation, modification or any other transformation is prohibited, as well as any type of distribution or availability to the public free of charge or for a fee.
4. Obligations of users
4.1. The customer cannot use third-party property rights and Fabrialbum reserves the right not to provide the service when it verifies that the customer is using a trademark or other famous distinctive sign.
4.2. The user is responsible for all images transferred or reproduced through the fabrialbum.pt website. This implies that the user undertakes not to transfer or publish through the website, images or photographs, in violation of copyright or any other intellectual property, with the law on the protection of personal data or any other legislation. Furthermore, it is prohibited to transfer, broadcast, order photos or any other product or communicate by e-mail any illegal content, in particular images or photographs of minors involved in sexual acts, or harm the privacy or rights of others.
4.3. The customer is responsible for any loss or damage resulting from the breach of this clause and will indemnify Fabrialbum from all expenses incurred by this as a result of such breach.
4.4. Fabrialbum reserves the right to take, without prior notice, any useful measure in the event of a breach of this clause or of serious indications of such breach, and this without the customer being able to claim any compensation from us. You may, in particular for this purpose, block access, delete all images stored on our servers, refuse to carry out an order or terminate all or part of the Services provided to you by Fabrialbum through the website. Fabrialbum may also communicate information relating to the client as well as provide copies of photographs or images transferred by the client to the competent judicial and administrative authorities to respond to any obligation imposed on it by a legal text.
5. License of transferred photos
5.1. Fabrialbum has no rights over the photographs stored on its servers other than a license for use with the exclusive purpose of performing the Service to which the images were transferred.
6.1. Fabrialbum reserves all copyright and other rights in the service, as well as in the published content, information, images, videos and databases (hereinafter referred to as "protected property"). It is, therefore, expressly prohibited to alter, reproduce, publish, transmit to third parties and/or any other use of the protected property, without prior written authorization from Fabrialbum.
7. Purchase Conditions
7.1. The process for purchasing photographic products at Fabrialbum is as follows: Selecting the "Buy" option. From any project previously created by the user, the buyer must click on "Buy" to start any purchase process. Filling in additional User information. The customer must disclose in a specific format: name and surname, address and telephone number. Select payment method. The user must select one of the following payment methods available: ATM reference, Visa, Mastercard, or mbway. Purchase approval. By confirming the purchase, the user accepts the purchase of the products indicated by him and under the conditions pre-established by the website.
7.2. Once the ordering process is finished, you can no longer renounce this order. No order will bind Fabrialbum until it is confirmed by email or any other appropriate means of communication.
8. Right of revocation
8.1. The user may revoke his contractual declaration only in situations covered by current national legislation.
8.2. Products personalized by the user are not given the possibility of withdrawal, as they have the status of manifestly personalized goods. If the customer detects a failure in the production of the product, which he considers to be an anomaly attributable to Fabrialbum, he has a period of 15 days to submit photographs of the defect to email@example.com to be later analyzed by the non-compliance department. In situations where the nonconformity assessment department assumes the veracity of such defects, a new product will be delivered to the customer with the defects corrected, however, Fabrialbum will only carry out the shipment after receiving the defective product. In case the customer does not want to return the defective product, the product will not be exchanged.
8.3. In case of withdrawal, the benefits received by both parties must be returned and refunded in the event of any uses made (eg interest, usage benefits). If the coupon has already been redeemed in whole or in part, before the revocation period has elapsed, the user is obliged to return the amount. The user will be able to avoid the obligation to return the value if he proceeds to redeem the coupon only when he has decided not to exercise the right of revocation. The obligation to refund payments must be fulfilled within 30 days. The period for exercising the right of revocation by the user starts with the sending of the revocation declaration or the respective coupon; the deadline for Fabrialbum for reimbursement of payments starts with the receipt of the revocation declaration or coupon.
9. Preservation of the order
9.1. After receiving the order confirmation, you can follow up your order on fabrialbum.pt in your client area.
9.2. The photos that you upload to the website for the purpose of placing an order are kept for 20 days, in order to allow you to resume the execution of a process interrupted during this period without having to transfer your photos again.
9.3. When an order is actually placed and paid for, the corresponding print file is kept for a maximum period of 60 days, so that we can eventually correct a problem with the execution or delivery of your order. This period is extended by another equivalent when Fabrialbum reprints.
9.4. Fabrialbum reserves the right, after 60 days of ordering and without prior notice, to remove all files from our server relating to that same order, without the customer being able to claim any rights over them. The customer, namely for the purpose of storage for a period exceeding 60 days, may subscribe to the service provided by Fabrialbum, upon payment of the amounts referred to in the respective Backup Service price list.
9.5. The backup service only refers to the files that gave rise to a completed order. In addition to the print files saved during the contracted terms of the Backup Services, Fabrialbum cannot, under any circumstances, resend any other file or photograph to customers (for example, after a computer has been stolen). It is up to the customer to keep a copy of their photographs.
9.6. Whenever the order is sent to a participating store. It will be kept in the store for a maximum period of 90 days. For reasons of privacy of the authors, from that date, the store will return the order to Fabrialbum for its destruction.
9.7. In no case can Fabrialbum be held responsible for direct or indirect damage to its server resulting from any problem external to the company and that cause any damage or loss of data.
10.1. Prices applicable to the Revelation Service are displayed on the website at the time of order completion and are summarized in the order summary. Prices are quoted in euros and, unless otherwise stated, all taxes are included.
10.2. Shipping costs, unless otherwise indicated, are not included. Cost information is present on the website on each product page.
11.1. Fabrialbum delivers anywhere in Portugal, with the exception of areas considered high risk/dangerous, which jeopardize the physical and material integrity of the transport service. All deliveries are made by hand, it is not possible to forward them to PO Boxes.
11.2. Fabrialbum cannot be held responsible for delays or delivery problems.
11.3. The deadlines indicated on the website are merely indicative, even if they are representative of the average deadlines. They cannot, in any case, be a reason for compensation or cancellation of the order or possible refund.
11.4. Loss of the order packaging. If the order is not delivered, within 1 month from the date of acceptance, the user has 15 days to inform the brand. In this case, a new print or revelation of the order will be made without extra costs for it, or you will refund the amount paid, knowing that the choice between the two options belongs only to Fabrialbum.
11.5. The user can check the permanently available shipping options and their prices and delivery times on each product page.
11.6. It is the user's obligation to ensure the correct receipt of the order. This includes, in particular, the complete and correct entry of the delivery address as well as the provision of an electronic mailbox with the recipient's name. In case of return to Fabrialbum of the package containing your order, following a customer error (for example, incorrect / incomplete delivery address, unknown / incomplete recipient, refused receipt, object not picked up at the station at the delivery points on time provided), cannot claim any indemnity or reprint. Since the reshipment involves costs for Fabrialbum, so that a new shipment can be made, the customer must pay €5+VAT related to shipping costs. If the customer does not wish to choose this route, all returned orders will be immediately destroyed to preserve the privacy of our customers. In the event of an error returning the delivery services, Fabrialbum undertakes to reproduce and resend the order at no additional cost to the customer.
11.7. If, despite the precautions taken by Fabrialbum to prevent any risk of deterioration of the photographs or other products during transport, they arrive in a degraded state, you must, upon receipt, describe the state of the volume on the guide itself and contact the support service to the customer within 24 hours of receiving the order by email, with a photo as proof of damage. Once the damage has been assessed and confirmed, Fabrialbum will reprint the product and resend it free of charge.
12. Reservation of title
12.1. Any order delivered remains the property of Fabrialbum until receipt of the full value of the order.
13. Payment and invoicing
13.1. Fabrialbum proposes payment by credit cards, ATM reference, mbway and PayPal on its website. Fabrialbum reserves the right to exclude certain payment methods at the time of transaction.
13.2. Payment is made immediately after order confirmation.
13.3. The validation of an order on the website or any other service proposed by Fabrialbum implies the acceptance by the customer of the use of the electronic format for invoicing.
13.4. Fabrialbum cannot guarantee in any way that the services provided by the company responsible for managing payments will work free from errors, interruptions, malfunctions, delays or other imperfections.
13.5. Fabrialbum will not be responsible for the availability or not of the Services provided by the company responsible for managing payments or for the impossibility of using the Service.
14.1. In no case will Fabrialbum be held liable for indirect damages resulting from any use of the website or the Services, such as any damage or loss of data. Fabrialbum is not responsible for any damage caused to the website and hardware of users or third parties while using the services offered on the website.
14.2. Fabrialbum is not responsible for errors, typographical or otherwise, in the printing of photographic products, based on the information approved by the user at the time of ordering by the user. Furthermore, Fabrialbum is not responsible for the poor quality of photographs and images requested to be printed by the user, as Fabrialbum does not carry out any improvement work.
14.3. Fabrialbum printing equipment is periodically calibrated by hardware procedures to ensure color consistency in accordance with printing industry standards. For this reason, the color of images sent by the user may differ from those printed. Fabrialbum will not assume any responsibility for this reason.
14.4. In the event of damage for which Fabrialbum is responsible, the brand is limited to the direct and exact remuneration of the amount paid by the user of the Service.
14.5. Whenever a copy of an album/project is requested from Fabrialbum, there are possibilities that there are visible differences in terms of colors or tones. In these cases, the responsibility for the order is always on the part of the customer, the brand not accepting any claim or responsibility of that level.
15. Satisfied or refunded
15.1. If the user is not satisfied with the order received, and as a gesture of good faith, Fabrialbum offers the guarantee « Satisfied or Refunded ». In order to benefit from this guarantee, the customer must simply contact customer service within 2 weeks of receiving their order. You will be asked for a photo as proof of destruction of the order in question by email or (and only if requested) you must return the order by post.
15.2. As an alternative to reimbursement, the user may, if desired, request a reprint from Fabrialbum (with all expenses at our expense). As above, the user will be asked to provide proof of destruction of the order initially received.
15.3. The « Satisfied or Refunded » guarantee is not applicable in cases where: Orders are not delivered due to customer error or negligence (eg incomplete delivery address, unknown postal service address or failure to pick up the order at the postal service station, etc. .). Orders that benefit from a "special treatment" associated with bulk orders. All orders with promotional code will not be refunded. In case of defective product, Fabrialbum can choose to produce a new product. Products personalized by the user are not given the possibility of withdrawal, as they have the status of manifestly personalized goods.
15.4. In the case of returns, an administrative fee of 10% will be applied to the total amount to be returned to the customer.
16. Customer support
16.1. In case of questions or complaints, please contact our customer support service via email or telephone.
17. Information Privacy
17.1. Fabrialbum is committed to protecting your data. In general, all data that the user provides to Fabrialbum are used exclusively for processing the order.
19. Partial invalidity of clauses
19.1. If a provision, present or future, of the contract is or remains, in whole or in part, without effect/null or unenforceable, the validity of the other provisions of this contract will not be affected, provided that the performance of the contract, considering the following regulation , does not represent for a party an obligation that cannot be demanded. The same applies when, after signing the contract, there is a gap that needs to be supplemented. The parties will replace the void/null/non-enforceable provision or the gap that needs to be supplemented by an effective provision that, in its legal economic content, corresponds to the void/void/non-enforceable provision and the overall purpose of the contract.
20. Applicable law and competent courts
20.1. These conditions were based on Portuguese legislation. Any dispute relating to their application or the use of the Website is subject to the jurisdiction of the courts of the user's domicile or to the Alternative Consumer Dispute Resolution, as indicated in 20.2.
20.2. In case of dispute, the consumer may resort to one of the following Alternative Consumer Dispute Resolution Entities:
- National Consumer Conflict Information and Arbitration Center | 213 847 484 | www.arbitragemdeconsumo.org
- Algarve Consumer Conflict Information, Measurement and Arbitration Center | 289 823 135 | www.consumidoronline.pt
- Coimbra District Consumer Dispute Arbitration Center | 239 821 690/289 | www.centrodearbitragemdecoimbra.com
- Lisbon Consumer Conflict Arbitration Center | 218 807 030 | www.centroarbitragemlisboa.pt
- Porto Arbitration and Consumption Information Center | 225 508 349 / 225 029 791 | www.cicap.pt
- Vale do Ave Consumer Conflict Arbitration Center / Arbitration Court | 253 422 410 | www.triave.pt
- Consumer Information, Mediation and Arbitration Center (Consumption Arbitration Court) | 253 617 604 | www.ciab.pt
- Madeira Consumption Conflict Arbitration Center | 291 750 330 | firstname.lastname@example.org
You can also access the Dispute Resolution online here. More information on the Consumer Portal, at www.consumidor.pt.
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