General sales conditions

I – PURPOSE

The purpose of the present general sales conditions is to inform any potential consumer of the conditions and modalities under which smartphoto™ carries out the sale and delivery of ordered products, and to define the rights and obligations of the parties in the sale of products by the vendor to the consumer.
Any order at smartphoto™ requires adherence to these general sales conditions. A single click validating the order will imply irrevocable and definitive consent on the part of the customer to all of these conditions.
smartphoto™ reserves the right to modify the present general sales conditions at any time.

II – IDENTITY OF smartphoto™

Extra Film AB
457 80 Tanumshede
SWEDEN
VAT: GB 894.491.865
The website can be accessed by the following URL: http://www.smartphoto.co.uk

III – ACCESS TO THE WEBSITE

The consumer is responsible for the installation of computer and telecommunication means enabling access to the smartphoto™ website.
The consumer is responsible for the technical costs of access to the Internet site.

IV – PRODUCT CHARACTERISTICS

In accordance with article L 111-1 of the French consumer code, the consumer can be informed before ordering of the essential characteristics of the product that he or she wishes to order. This information can be accessed at the home page of the website.
The photographs and images of the products offered for sale are provided only as examples and in no way engage the seller.

V – PRICES

The sales prices of the products offered are indicated in UK Pounds and include taxes. They do not include the shipping costs billed as additional charges depending on the products ordered. These shipping costs are indicated before validation of the order by the consumer. The VAT is included, the rate is applicable according to regulations to the goods and services sold. Any change in the applicable rate will automatically be passed onto the price of the products sold at the website.

VI – ORDER AND SELECTION OF PRODUCTS

Any order implies adherence, without limitation or qualification, to the present general sales conditions.
Orders are made exclusively through the smartphoto™ Internet site and are systematically confirmed by smartphoto™ by electronic mail. The sale registered will be considered to be final only after smartphoto™ has sent an order confirmation to the consumer and the full payment has been collected.
smartphoto™ recommends that its customers save this information on a paper or computer document.
Upon submission of the order, it is considered that the consumer has knowingly and without exception accepted the present general sales conditions, the prices and the amounts of the products ordered.
The consumer, having taken note of the products and their characteristics, assumes full responsibility for the choice of the product(s) ordered according to his or her wishes as previously determined in the order. As only the consumer knows the desired use of the products ordered, he or she is the only judge of the compatibility of these products with those already used. These choices concern in particular the selected print formats and the cropping and/or white margin options offered at the website.
It is the consumer's responsibility, if he or she does not feel sufficiently informed about the subject, to obtain assistance from a consultant at smartphoto™ or from other competent individuals.

VII - DISCOUNT CODES

smartphotos discount codes can be used for purchases through smartphoto™.co.uk. Discount codes cannot be combined. smartphoto™ does not take any responsibility, after a purchase has been completed, for discount codes that have been wrongly used.

VIII – PAYMENT

The payment of the full price must be made at the time of the order by the consumer. At no time shall the amounts paid be considered to be deposits or instalments.
All orders are payable in pounds.
To pay for an order, the consumer has several options for payment by bank card:
Transmission of bank information to the bank's server is completely secure (SSL encryption). The data provided (card number and expiration date) are thus encrypted. For security reasons, the bank information is destroyed as soon as the order processing has been completed, and it will therefore be necessary to re-enter it for each new order.
The credit cards accepted are international EuroCards/MasterCards and international Visa cards.
The order will be considered to be effective by smartphoto™ only when the bank payment centres concerned have given their agreement. In the event of denial by said centres, the order will be cancelled.
The consumer assures smartphoto™ that he or she has the necessary authorisations for using the chosen payment method, when submitting the purchase order.
smartphoto™ reserves the right to suspend or cancel any order and/or delivery, of any type and at any status of execution, in the event of failure to pay any amount due by the consumer, or in the event of a payment problem.
Penalties of an amount equal to the legal interest rate increased by five points are applicable by right to the unpaid amounts after ten days following the billing date or upon notification of bank payment denial for any other payment method. The delivery of any new order may be suspended in the event of a late payment for a previous order, notwithstanding the present provisions.

IX – DELIVERY

Each order submitted to smartphoto™ is processed within an average period of:
- 48 business hours for paper print orders;
- 72 business hours for related products (T-shirts, mouse pads, mugs ...)
The products will be delivered to the address indicated by the consumer in the order (address also indicated in the order submission confirmation e-mail). Any return of an order due to an address entry error in the order will be at the customer's expense.
The deliveries are performed by various providers who indicate the following delivery periods:
- 48 business hours for domestic shipping;
- 3 to 4 days for Europe;
- 4 to 6 days for international shipping.
The postal carrier delivers the order to the consumer at his or her residence. If no one is present to receive the order, the consumer or recipient of the ordered product will receive a notice from the postal carrier allowing him to receive the ordered products at the nearest post office within a period of two weeks.
The processing and delivery periods are given only for information purposes and are necessarily strictly enforced. Unless otherwise indicated in writing by smartphoto™, a processing and/or delivery delay shall in no case be grounds for cancellation of an order, and no compensation shall be required.
In every case, the ordered products shall be delivered within a maximum period of thirty days starting the day after the consumer submits the order, subject to full payment of the price. If the delivery has not been made by the end of this period, the consumer shall have the option of cancelling the order. The amounts paid by the consumer shall be returned to him immediately, without compensation.

X – RECEIPT

The consumer must verify, in the presence of the postal carrier, the condition of the packaging of the goods and contents upon delivery. If the consumer has any doubt of any kind, whether regarding the condition or the contents of the package, he or she must refuse the goods by immediately sending a bad order report with the postal carrier, indicating these incidents within a period of 7 days after rejection of the goods, to the contact provided order confirmation e-mail.
If the ordered products are not delivered (significant delay in delivery with respect to the date initially set), the consumer shall indicate this by e-mail to the contact provided in the order confirmation e-mail, so as to enable an inquiry to be carried out with the shipping provider. An inquiry with this provider may take up to 21 days. If during this period, the product is found, it will immediately be rerouted to the residence of the consumer or the recipient designated in the purchase order. However, if the ordered product is not found at the end of this 21-day inquiry period, smartphoto™ shall, at its own expense, send a new package of the products ordered by the consumer.

XI – RETRACTION CLAUSE

In consideration of the personal nature of the products ordered at smartphoto™ (each customer chooses to print his or her photographs on the various products ordered), smartphoto™ does not provide its customers with a retraction clause.
The photo albums indeed enable the desired photographs to be selected, and the customer bears full responsibility for the selection made at the smartphoto™ site.

XII – RETURN OF NON-COMPLIANT PRODUCTS

smartphoto™ shall allow the return of products ordered only under the following two circumstances:
- If the products received do not match the products ordered at the website. The order submission confirmation e-mail contains all of the information regarding the products ordered (photographs selected, formats and options selected) and enables both parties to note any error on the part of smartphoto™.
- If the delivered products have defects associated with the product itself or an incident that occurred during the photograph printing process.
In these two specific cases, complaints must be addressed to smartphoto™ by e-mail (to the contact provided in the order confirmation e-mail) within a period of 7 days starting on the date of receipt of the goods and must include:
- The customer's contact information;
- The order reference;
- The reasons for the complaint.
Within a period of 48 hours following the complaint, smartphoto™ shall inform the customer of the validity or invalidity of the complaint: in the first case, smartphoto™ shall re-send the ordered products. In the second case, smartphoto™ shall invite the customer to return the order for a closer inspection of the complaint. The customer must send the ordered products along with a copy of the e-mail sent to smartphoto™ (the date of the e-mail message must appear on the paper document). The return costs are covered by smartphoto™, which will reimburse the customer with discount points which may be used on the next order.
In the event of failure to comply with the procedure described above and the periods indicated, the consumer cannot make any complaint for non-compliance or visible defect of the delivered products, the products shall be considered to be compliant and free of any visible defect.
No returns shall be accepted, however, for problems:
- considered to be subjective (associated with print preferences, etc.);
- related to a mistake in the choice of the product and/or its options by the customer in the order, which occurred
- while taking the photograph (flaw in the photograph, technical or adjustment problem with the camera ...);
- during shipping (cf. article IX of the present general sales conditions);
- during restoration work and/or cleaning of the products (smartphoto™ specifically invites its customers to carefully read the suggestions for maintenance of the various associated products).

XIII – RESPONSIBILITIES

The products offered by smartphoto™ comply with the European legislation in force.
smartphoto™ cannot be responsible for any direct or indirect losses that may occur as a result of product orders.
smartphoto™ invites each of its customers to regularly read its general conditions of use of the online photo albums. smartphoto™ specifically states that the customer alone is responsible for obtaining the intellectual property rights for the photographs ordered and that the company is obligated to hand over to the authorities any order that does not comply with the European laws in force (and more specifically the legal provisions on pornography, violence and pedophilia).
The customer indemnifies smartphoto™ against any complaints and/or claims of any person regarding the ordered products.

XIV – PARTIAL INVALIDITY

If one or more stipulations of the present general sales conditions are considered to be invalid or declared as such under a law, regulation or following a final decision of a competent court, the force and scope of the other stipulations shall be maintained.

XV – INFORMATION TECHNOLOGY AND FREEDOM

The information collected by smartphoto™ in any consumer order is necessary for the management of the order by smartphoto™ and its commercial partners. Under the French law No. 78-17 of 6 January 1978 relating to information technology, files and freedom, the processing of nominative information regarding members and customers of the company has been reported to the CNIL (National Commission for Information Technology and Freedom) (registration number 710229). Members and customers have a right of access, correction and deletion of data concerning them. This right can be exercised at any time by writing to smartphoto™ at the e-mail address contact@smartphoto.co.uk or by sending a letter to smartphoto™.

XVI – CUSTOMER SERVICE AND ORDER FOLLOW-UP

Before, during and after each order, the consumer has various options for contacting smartphoto™'s customer service (e-mail and postal mail). All of smartphoto™'s contact information is available at the home page of the website.