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Terms and Conditions

General Conditions of Use Software / Fabrialbum Site

 

The General Conditions of Use (CGU) regulate access, use and purchase of products and services through the Fabrialbum software (hereinafter referred to as software). The software for processing digital images and creating photographic products is the property of Fabrialbum - Albums Photography Ltd, Industrial Zone nrº2 Lote 43, 4560-709 Penafiel, PORTUGAL, NIF 506899063, hereinafter referred to as company. Anyone, hereinafter referred to as User, who wishes to use the services of the Fabrialbum software must accept these terms and all others policies and principles that govern it. Their acceptance is absolutely indispensable to the use of the software and its services. The User should read, make sure he / she has understood and accepted all the conditions established in the CGU, as well as in the other documents incorporated to them by reference, before registering as a user of the Fabrialbum Software. The company reserves the right to make, at any time and without prior notice, any modification or update of its contents and services; of the present CGU and 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.

 

Terms of Use

These Terms of Use, together with the Privacy Policy, regulate the access, use and purchase of products and services through the Fabrialbum.pt Website, or one of its members (hereinafter referred to as "Website"). Anyone, hereinafter referred to as "User", who wishes to use the services of the Fabrialbum.pt Website must accept these Legal Terms, and all other policies and principles that govern it. Acceptance of the terms of use is absolutely essential to the use of the website and its services.

 

1. General conditions

1.1. The website offers a digital photo development and printing of photographic products service.

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 prior, express and written revocation.

1.3. These general conditions of use apply exclusively to users, that is, to natural persons who use our services without this being attributed 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 for free, which allows him to manage more easily and anywhere in Portugal all the projects and all the data of the orders. In general, user registration will not be required to access services and content on the Website. However, the use of certain services and content 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 e-mail address and a password of the user's choice will be required, which must be defined when creating the account.

2.3. In order to use the user account, it is essential that the email address communicated to Fabrialbum is accurate. Indeed, the means of communication that Fabrialbum will use will be electronic mail. For this purpose, the user must communicate correct data and inform Fabrialbum of any change in 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 site or the network or as a result of other incidents or disturbances, regardless of Fabrialbum's will, access to the site or to the user account may be interrupted. Fabrialbum cannot be held responsible for any loss or damage resulting from such interruption.

2.5. The account holder is solely responsible for all digital photos or images uploaded and, in general, for any use made by the user himself or by third parties with access to the account.

2.6. For greater security, the user must keep the chosen password secret. Fabrialbum will not incur any liability 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 with a 15-day notice (LEI). This notice is given by Fabrialbum if a message is sent to the email address associated with the user's account. On the other hand, the user can make this notice through the "Contacts" section.

2.8. When the user account service is terminated, Fabrialbum suppresses the account, as well as all photographs and projects that are filed with it.

2.9. In addition, Fabrialbum may, without prior recourse to any legal means or the payment of any compensation, terminate the user account service and / or block access to the account or suppress digital photographs placed on the user account and which violate the current Conditions General.

 

3. Use of the Software

3.1. The software for processing digital images and creating photo products are the property of Fabrialbum.

3.2. This software can only be used individually for private use. Any other downloading, copying, 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 making available to the public free of charge or for a fee.

 

4. Obligations of users

4.1 The customer may not use third party property rights and Fabrialbum reserves the right not to provide the service when it finds that the customer is using a trademark or other celebrated 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 personal data protection or any other legislation. In addition, it is forbidden to transfer, distribute, 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 compensate Fabrialbum for all expenses incurred by it, resulting from such breach.

4.4. Fabrialbum reserves the right to take, without prior notice, any useful measure in case of violation of this clause or serious indications of such violation and this without the client being able to claim any compensation from us. In particular, for this purpose, you can block access, delete all images stored on our servers, refuse the execution of an order or place a term on part or all of the Services provided to you by Fabrialbum through the Site. Fabrialbum may also communicate information relating to the customer as well as provide copies of photographs or images transferred by the customer to the competent judicial and administrative authorities to respond to any obligation imposed on them by a legal text.

 

5. License of transferred photos

5.1. Fabrialbum has no rights over the photos stored on its servers other than a license to use them for the sole purpose of performing the Service to which the images were transferred.

 

6. Copyright

6.1. Fabrialbum reserves all copyrights and other rights on the service, as well as on the contents, information, images, videos and published databases (hereinafter referred to as "protected property"). It is, therefore, expressly forbidden 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:

  1. Selection of the "Buy" option. From any project previously created by the user, the buyer must click on "Buy" to start any purchase process.

  2. Filling in additional User information. The client must disclose in a specific format: name and surname, address and telephone.

  3. Select payment method. The user must select one of the following forms of payment available: ATM reference, Visa, Mastercard, mbway or PayPal.

  4. Purchase approval. Upon 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 will no longer be able to waive it. No order will be binding on 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 customized by the user are not given the possibility of withdrawal, since 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 info@fabrialbum.pt for later analysis by the non-conformities 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 revocation, the benefits received by both parties must be returned and refunded, in the event of any uses made (eg, interest, benefits of use). If the coupon has already been redeemed in whole or in part, before the withdrawal period has elapsed, the user is obliged to return the amount. The user can avoid the obligation to return the value if he redeems the coupon only when he has decided not to exercise the right of revocation. The duty to refund payments must be fulfilled within 30 days. The period for the user to exercise the revocation right begins with the submission of the revocation declaration or the respective coupon; the deadline for Fabrialbum to reimburse payments starts with the receipt of the revocation declaration or coupon.

 

9. Order retention

9.1. After receiving the order confirmation, you can track your order at fabrialbum.pt in your customer area.

9.2. The photos you upload to the site in order to place an order are kept for 20 days, in order to allow you to resume the execution of an interrupted process 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 makes a new impression.

9.4. Fabrialbum reserves the right, after 60 days of ordering and without prior notice, to remove all files from our server related to that order, without the customer being able to request any right over them. The customer may, in particular for the purpose of storage for more than 60 days, 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 refers only to the files that gave rise to a final order. In addition to the print files saved during the contracted terms of the Backup Services, Fabrialbum will in no case be able to resend any other file or photo to customers (for example, after a computer theft). It is the customer's responsibility 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, as of 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 which may cause any damage or loss of data.

 

10. Price

10.1. The prices applicable to the Disclosure Service are displayed on the Site 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. The cost information is present on the website on each product page.

 

11. Delivery

11.1 Fabrialbum makes deliveries anywhere in Portugal, with the exception of areas considered to be high risk / dangerous, which jeopardize the physical and material integrity of the transport service. All deliveries are carried out by hand, and it is not possible to send 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. In no case can they be grounds for compensation or cancellation of the order or eventual refund.

11.4 Loss of 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 that case, a new printing or revelation of the order will be made without extraordinary expenses for the same, or will refund the amount paid, knowing that the choice between the two options belongs only to Fabrialbum.

11.5 The user can check the shipping options permanently available 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 insertion of the delivery address as well as the provision of an email box containing 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 foreseen), you cannot claim any compensation or reprint. As the reshipment implies expenses for Fabrialbum, so that a new shipment can be made, the customer must pay € 5 + vat for shipping costs. If the customer does not want to choose this route, all returned orders will be immediately destroyed to preserve the privacy of our customers. In case of return of delivery services by mistake, Fabrialbum undertakes to reproduce and resend the order without additional costs 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 should, on receipt, describe the status of the volume in the guide itself and contact the support service to the customer within 24 hours after receiving the order by email, with photo as proof of the damage. Once the damage has been assessed and confirmed, Fabrialbum will assume a new impression of the product and resend it free of charge.

 

12. Retention of title

12.1. Any delivered order remains the property of Fabrialbum until receipt of the full value of the order.

 

13. Payment and billing

13.1. Fabrialbum proposes on its website the payment by credit cards, ATM reference, mbway and PayPal. Fabrialbum reserves the right to exclude certain payment methods at the time of the 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 customer's acceptance of the use of the electronic format for billing.

13.4. Fabrialbum cannot guarantee in any way that the services provided by the company responsible for managing payments will function free of 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. Responsibility

14.1. In no case shall Fabrialbum be held responsible for indirect damages resulting from any use of the Site or the Services, such as eventual losses or loss of data. Fabrialbum is not responsible for any damage caused to the software 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 other, in the printing of photographic products, based on the information approved by the user at the time of ordering by the user. In addition, Fabrialbum is not responsible for the poor quality of the photographs and images requested by the user to print, since Fabrialbum does not carry out any improvement work.

14.3. Fabrialbum's printing equipment is periodically calibrated by hardware procedures to ensure color consistency, in line 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 case of liability damage attributable to Fabrialbum, the brand is limited to direct and exact remuneration for the amount borne 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 shades. In these cases, the responsibility for the order is always on the customer's side, and the brand does not accept any claim or responsibility of that level.

 

15. Satisfied or refunded

15.1. If the user is not satisfied with the order he received, and as a gesture of good faith, Fabrialbum offers the guarantee "Satisfied or Refunded". In order to take advantage of this guarantee, the customer must simply contact the customer support service within 2 weeks of receiving your 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 can, if he so wishes, 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 received initially.

15.3. The 'Satisfied or Refunded' guarantee does not apply in cases where:

  1. Orders not delivered due to customer error or negligence (eg incomplete delivery address, address unknown to postal services or failure to pick up the order at the postal service station, etc.).

  2. Orders that receive "special treatment" associated with bulky orders.

  3. All orders with a promotional code will not be refunded. In case of defective product, Fabrialbum can choose to produce a new product.

  4. Products customized 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 service via email, 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.

 

18. Modifications to the terms of use

18.1. Fabrialbum may change these Terms of Use at any time, with a view to improving and improving the services provided. The new Term of Use will come into effect as of its publication on the website. Within 24 (twenty-four) hours from the publication of the changes, the User must communicate by e-mail, in case he does not agree with the new Terms of Use. In this case, the contractual link will cease to exist, as long as there are no open accounts or debts in the name of the User. If there is no manifestation within the stipulated period, it will be understood that the User has tacitly accepted the new rules and the contract will continue to bind the parties.

18.2. The changes will not be effective in relation to Offers, Commitments and acquisitions already started at the time the same changes are published. For these, the Terms of Use will be in effect with the previous wording.

 

19. Partial invalidity of clauses

19.1. If a provision, present or future, of the contract is or remains, totally or partially, without effect / null or not enforceable, the validity of the other provisions of this contract will not be affected, as long as the performance of the contract, considering the regulation that follows does not represent an obligation for a party that cannot be required. The same applies when, after conclusion of the contract, there is a gap that needs to be complemented. The parties will replace the provision with no effect / null / unenforceable or the gap that needs to be complemented by an effective provision that, in its economic legal content, corresponds to the provision without effect / null / unenforceable and the overall purpose of the contract.

 

20. Applicable law and competent courts

20.1. These conditions were based on Portuguese legislation. Any dispute regarding the application of the same or the use of the Website is subject to the jurisdiction of the courts in the user's domicile or to the Alternative Resolution of Consumer Disputes, as indicated in 20.2.

20.2. In the event of a dispute, the consumer may resort to one of the following Alternative Dispute Resolution Entities: - National Consumer Conflict Information and Arbitration Center | 213 847 484 |www.arbitragemdeconsumo.org
- Consumer Conflict Information, Measurement and Arbitration Center | 289 823 135 |
www.consumidoronline.pt
- Consumer Disputes Arbitration Center of the District of Coimbra | 239 821 690/289 |
www.centrodearbitragemdecoimbra.com
- Center for Arbitration of Consumer Disputes in Lisbon | 218 807 030 |
www.centroarbitragemlisboa.pt
- Porto Consumer and Arbitration Information Center | 225 508 349/225 029 791 |
www.cicap.pt
- Vale do Ave Consumer Conflict Arbitration Center / Arbitral Tribunal | 253 422 410 |
www.triave.pt
- Consumer Information, Mediation and Arbitration Center (Consumer Arbitral Tribunal) | 253 617 604 |
www.ciab.pt
- Madeira Consumer Conflict Arbitration Center | 291 750 330 |
centroarbitragem.srias@madeira.gov.pt
You can also access Dispute Resolution online here
  More information on the Consumer Portal, atwww.consumidor.pt.

 

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