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Terms and conditions

Terms and Conditions of albumora.com website

The site is owned by PHOTO PRINT & SHOP LLC company, headquartered in Cluj-Napoca, Dorobantilor 14-16, Cluj county, CUI: RO32866510, no. Entry. Com Reg J12 / 737/2014, e-mail: [email protected]

This contains the Terms and Conditions of Use for the albumora.com site.

1. Definition of terms used in this document:

Command - the electronic document containing data identifying the buyer and by which he expresses his willingness to buy products displayed on the albumora.com site;

Buyer - user who places an order to buy products on albumora.com site;

Price - The price of products offered on the albumora.com site;

Product or products - products offered on the albumora.com site;

The site owner - the owner of the albumora.com website is PHOTO PRINT & SHOP LLC company, headquartered in Cluj-Napoca, 14-16 Dorobantilor, Cluj county, CUI: RO32866510, no. Entry. Com Reg J12 / 737/2014, e-mail: [email protected];

Services or service - services offered by albumora.com site and described in this document;

Site - albumora.com website and its subdomains;

User - any person who registers on the albumora.com website with user and password and uses the site's functionality;

Terms and conditions - this document regulates the relation between user and site owner;

Seller - albumora.com website owner, the PHOTO PRINT & SHOP S.R.L. company;

Guest - Any person visiting the albumora.com site.

2. Accepting the terms and conditions contained herein

2.1. Using the site and its functionality is allowed only after reading, understanding and accepting the terms and conditions of use.

2.2. The site owner reserves the right to modify at any time, without notice, the terms and conditions, interface, website content, types of offered services and products, prices.

2.3. By continuing to use the site after changing the terms and conditions of use the visitor / user / buyer is in agreement with these changes.

3. albumora.com site content

3.1. albumora.com website content is the exclusive property of the owner and may be modified by him without prior notice. Copying the content, site or application contained in it is forbidden.

4. Description of services and products

4.1. albumora.com website is an online service that allows the creation and editing of online photobooks, photo albums and calendars using the photos provided by the user in a special web application and purchase them on various media. The website owner does not guarantee:

- Uninterrupted operation of the website;

- The possibility of use without errors and quality of services;

- Quality delivered of photo books, photo albums and calendars;

- Maintain the shown prices and the amounts.

4.2. The owner takes responsibility for failures or malfunctions occurred exclusively as provided in this document.

4.3. The site offers its users the products described on the site.

4.4. The products they buy are the result of the buyer's direct intervention.

5. Subcontracting and divestiture of offered services

5.1. The site owner has the possibility of outsourcing the services and products without having to notify the user or obtain his consent.

6. Product prices

6.1. albumora.com site's available products' prices are detailed on the site for each product.

6.2. Prices include 20% VAT.

6.3. The price of the products shown above plus the cost of delivery by courier, depending on the delivery address. The user can view the cost of transport by filling in the delivery address in the shopping cart section.

6.4. The final price consists of the product price plus transportation costs.

7. Using services

7.1. To use certain sections of the site one needs to register with a username and password. For this purpose, the user undertakes the responsibility to provide his complete and accurate information.

7.2. Using the site's services is permitted only for personal and non-commercial use, based on photos or images whose copyright is the user's or the user's who acquired a right to use, in compliance with these terms and conditions. The user is responsible for using the site, the images and photos used, and for how they are processed.

8. Order

8.1. Ordering products offered on the site can be done only by registered users.

8.2. The first step to place an order is to complete the user authentication. Subsequently, selecting the type of product, uploading and processing images, ultimately registered members having to go to the shopping cart and complete the order. For placing the order, in the order form the user must enter the following:

- name surname;

- E-mail;

- Telephone;

- Address (address, city, county, postal code, country);

- If delivery address is different from the billing address, the user must include information regarding the name, email, phone, address (street address, city, country, county, postal code).

The user must also select:

- Delivery time - currently, the site and its owner offer delivery by express courier;

- Method of payment is by credit card.

8.3. An order can be completed only after checking the "By checking this box, you accept the Terms and Conditions" box.

8.4. By submitting the order, the user confirms the accuracy of all entered information.

8.5. The site owner is not responsible for any problems caused if the user adds erroneous information. Any delays and additional expenses caused by inaccurate information are the buyer's responsibility.

8.6. The site owner has the right to ban users who repeatedly provide erroneous data.

8.7. The buyer receives email notifications from the site:

- On receipt of the order;

- When order execution begins;

- When order is shipped.

8.8. The buyer may cancel or modify the order only if the order is not in production or already being delivered. Cancellation or modification of the order by the customer is done in the order section of the site by using the order form. The buyer is obliged to use the contact form inside the order section of the site, the order being otherwise unidentifiable.

9. Payment and delivery

9.1. The user may make payment for ordered products by credit card. The total price, including transport, is displayed in the checkout section.

9.2. For the site to issue an order related invoice to the buyer, the latter is obliged to provide all information required by law to issue a valid invoice.

9.3. The invoice for the order is issued only at the buyer's request. If the buyer does not request an invoice, they will receive a receipt from the courier for the price paid for received products.

9.4. The site owner can refuse payment and delivery in these following cases, listed as an illustrative example and by no means exhaustive:

- Suspicion of fraud;

- Erroneous previous orders;

- Failed transaction;

- Bank's refusal to accept the transaction or the buyer provided credit card.

9.5. If the delivery of ordered products is impossible due to technical problems or lack of the selected print support, the buyer will be refunded the entire paid amount.

9.6. Delivery is done by express courier in all areas of the country.

9.7. Obtaining proof of reception of the product is borne by the courier.

10. The property transfer

10.1. Ownership of the acquired products is transfered to the buyer as soon as the owed amount is transfered to the site owner's account.

11. Cease or prohibition of services

11.1. The user understands and accepts that the site owner has the option to decide without prior notice the denial or interruption of user's right to access the personal account or use the service. Of the situations that can lead to interruption or prohibiting the access to services and using the site, we enlist, although not exhaustively, the following:

a) failure to comply or breach of these terms and conditions or other agreements or guidance;

b) providing false or misleading information;

c) suspicions of fraud;

d) request from an authority;

e) unexpected technical problems or situations;

f) periods of inactivity.

11.2. Closing an account results in the user's inability to access his information and website's services, as well as the deletion of user data along with all uploaded files.

11.3. The user understands and accepts that the site owner is not responsible for denial of service, account suspension, or access to services.

12. Intellectual Property

12.1. Website content, Albumora web application for creating online photo albums / photobooks and design, graphics, text and images on the e-commerce Albumora website, Albumora logo and the site itself are owned by the PHOTO PRINT & SHOP LLC company. Albumora is a trademark of the site's owner.

12.2. The site can be used for personal, not commercial intent. Copying, duplication, reproduction, distribution, transmission, sale, licensing distribution of the site in whole or in part, as well as of the applications on the site without any prior written consent from the site's owner is forbidden.

13. Intellectual property rights over transmitted images.

13.1. Intellectual property rights over the images uploaded to the site's application belongs to the user. User agrees to assign copyright to the website and its owner for processing purposes.

14. General obligations of the owner of the site and the visitor / user / buyer

14.1. Site owner's obligations:

- Obligation to keep the site accessible and usable;

- Obligation to provide the services under this contract;

- Obligation to maintain the quality of services and products.

14.2. Obligations of the visitor / user / buyer:

- Not to use programs that may damage the operation site;

- Provide complete and accurate information when necessary;

- Not to copy nor use parts of the site and its application;

- To pay the price of purchased products.

15. Warranty

15.1. Website owner takes the responsibility related to faults or malfunctions concerning the physical support on which the user provided images are printed.

15.2. In cases when shipped products present with visible binding defects, cover defects, torn pages, defective printing, blank pages, missing pages, they will be replaced at the request of the buyer. The buyer will contact the site through an e-mail at [email protected] with the following content:

- order number;

- Album number identification - (book ID - unique - found on the invoice)

- Photo Album problems;

- Visible photo barcode.

15.3. The user will contact the site owner by e-mail or phone and will provide photos of the product defects. Following the approval of a replacement request, the user will receive a new album.

15.4.Warranty related issues will be settled within a period of 15 calendar days from the date when the user sent the notification about the encountered problems.

16. Withdraw rights

16.1. Considering the provisions of art. 9 paragraph. (1) reported in art. 16 lit. c) from O.G. no. 34/2014 the website and its owner do not give the buyer the opportunity to exercise the right of withdrawal in the case of products sold through the site, the products in question being custom made by the user.

17. Liability

17.1. The seller is not responsible for the damages suffered by the user as a result of fulfillment of obligations in relation to the order placed by the user, for damages resulting from the use of the product or any subsequent damage.

17.2. The website owner does not guarantee that:

- The services and products meet the requirements of visitors / users / buyers;

- Services offered by the site will be available in an uninterrupted manner and without errors;

- Services, products offered by the site and their quality will match the expectations of visitors / users / buyers;

- Malfunction of the website will be corrected.

17.3. Required images for the product will be supplied by the user who bears the responsibility for their use and copyright on them. Image processing in the site's software is done solely at the user's initiative and the shape of the purchased product is exclusively the result of the user's intervention.

17.4. Accessing the site through user and password and the placement of orders is possible only after accepting the terms and conditions. By creating an account and placing an order, the user / buyer accepts these terms and conditions. Continued use of the account and placement of orders after their modification implies acceptance of these terms and conditions.

18. Processing of personal data

18.1. The operator of the site is the PHOTO PRINT & SHOP LLC company, headquartered in Cluj-Napoca, 14-16 Dorobantilor, Cluj county, CUI: RO32866510, no. Entry. Com Reg J12 / 737/2014, e-mail: [email protected], subject to the provisions of 677/2001 Law on the protection of individuals with regard to the processing of personal data and the free movement of such data.

18.2. Purpose of data processing is:

- Inform users on the shopping cart and order status;

- Information on available offers and promotions;

- Establishing a database with customer data for statistic purposes;

- Marketing campaigns.

18.3. The recipient of this information is PHOTO PRINT & SHOP LLC company, as well as its collaborators, natural or legal persons. By filling out the registration form, the user / buyer agrees to assign data ownership to the website and its owner agrees to the storage, transmission and processing of personal data by the site and its owner.

18.4. Providing data required by the site or recording user data is mandatory for purchasing products and using the site's services or to subscribe to the newsletter. In case of refusal to provide them, the user will not be able to purchase products, use the offered services and will not be able to subscribe to the newsletter.

18.5. Under the 677/2001 Law, data subjects have the right to information, access to data and the right to oppose, the right not to be subjected to an individual decision, the right to go to court. They have the opportunity to solicit from PHOTO PRINT & SHOP LLC, once a year, by sending a written request, signed and dated at the headquarters of this company:

- To confirm if the provided data is being processed or not;

- To intervene on the processed data through the rights provided by the law;

- The right of oppose through the rights provided by the law;

- To delete personal data, except as required by law.

18.6. Persons acting under the authority of the PHOTO PRINT & SHOP LLC company are able to process the data exclusively under the instructions of this company.

18.7. The site and its owner will apply technical and organizational measures to protect personal data.

19. Cookies Policy

19.1. To ensure the site's smooth functioning, albumora.com places data files called cookies. Most large sites do the same.

19.2. What does cookie mean? A cookie is a small text file that a website saves to the computer or device visiting the site. Thanks to cookies, for a while, the site remembers the actions taken and user preferences so that the user would no longer have to go through them each time they return to the site or browse from one page to another. The cookie is installed upon the request sent by the server to a browser and is completely passive, meaning it does not contain software and it cannot access any user information.

19.3. How are the cookies used? albumora.com website uses two types of cookies:

- Per session, temporary files that remain on the used computer or device until the end of the session or closing the application;

- Fixed files that remain on the used computer or device until they are manually deleted.

albumora.com website uses cookies needed for the following operations:

- To identify the user (registration cookies);

- To determine if the user is logged in or not;

- To keep the user-selected products in the shopping cart;

- To retain user data, address, and billing details.

albumora.com site uses the following functional cookies:

- To provide help in real time;

- For Google Analytics to track visited pages.

albumora.com site uses audience targeting cookies in order to:

- Access social networks (Facebook, Twitter);

- Geotarget.

Information stored by cookies is only available for the site and its owner, the data being encrypted.

Cookies will be used exclusively for these purposes.

19.4. How to control cookies? Cookies can be controlled and / or deleted - details can be found on the aboutcookies.org website. All cookies from your computer or used device can be erased and most browsers can be set to lock retention. If the user does this, you may need some preferences to be manually set each time you visit the site and it's also possible that some services or options will not work.

20. Force majeure

20.1. Neither party shall be liable for failure to comply to its contractual obligations, if such a situation is caused by force majeure. If it is unforeseen, insurmountable and not due to any of the parties, which could not have been predicted at the time of closing the contract and which makes the accurate execution of the contract terms impossible.

20.2. If one party invokes force majeure, it is obliged to bring this issue to the attention of the other party in writing, within 5 days from the termination date of the event.

21. Governing Law

21.1. Terms and conditions are governed by the Romanian laws.

21.2. Disputes arising from the execution of this lease shall be settled amicably. If this is not possible, the dispute shall be referred to the competent court of the Cluj county.

21.3. Nullity of a clause of this contract shall not affect the validity of the remaining provisions.

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Last Updated: 1/12/2016