1.1. These are the general terms and conditions of albelli, bonusprint and önskefoto, trade names of Albelli BV and hereinafter collectively referred to as "albelli", "we", or "us". These general terms and conditions are referred to as "T&C's".
1.2. albelli is located in Amsterdam, the Netherlands at Stationsplein 53-57, postal code 1012 AB. We are registered with the trade register of the Dutch Chamber of Commerce under number 69103437. Our VAT number is NL.8577.35.524.B01.
1.3. The word "customer" or "you" is defined in these T&C's as the person who uses our websites, registers and uses an account, uses our photo editor and other services, purchases our products, requests for information or shows an interest in our products.
1.4. You may reach us through our customer care department. You may use our chat service or send us an email through our websites, use Facebook or Twitter to contact us, or call us. All our contact information is easily accessible on our websites: albelli.nl | albelli.be | bonusprint.co.uk | onskefoto.se.
2.1. These T&C's apply to the use of our websites, to the registration and use of an account, to the use of our photo editor and other services, to all our offers, to the orders you place and to the agreements and other legal relationships entered into between us and you. These T&C's also apply to subsequent and additional offers, orders and agreements, and to new agreements with you.
2.2. When registering for an account on one of our websites, you are informed that by doing so you accept the T&C's. When placing an order, you are also informed that by doing so you accept the T&C's. In both cases the T&C's are available to you for review where you will also find an option to print them for later examination.
2.3. These T&C's are easily electronically accessible on all of our websites. Upon request they will be sent to you without delay and at no cost.
3.1. Offers are made without obligation.
3.2. Our offers are presented to you in our online order process, or in other ways identified by us as such, on the basis of your specific request. General offers on our websites, in our emails and in promotional materials are for information purposes only and are not considered as offers.
3.3. You may accept our offer by making payment in the order process. Upon receipt of your payment your order is placed and the agreement is formed, on the condition precedent that the upload of your photos was successful. All orders are subject to our T&C's.
3.4. We shall confirm receipt of your order to you by email immediately.
4.1. We will immediately start the performance of the agreement upon its formation by processing your order.
4.2. It is our intention to start the production of your order on the workday following the day the agreement was formed. Our websites contain information on estimated delivery times for each of our products and these may differ depending on the time of the year, as holiday seasons or other circumstances may affect the time required to process orders in our production facilities. Delivery terms are not to be considered fatal terms or guarantees and we can offer best efforts only to deliver the products that you ordered in accordance with the estimated delivery times.
4.3. In case you order more than one product at once, we may ship them together in one package. In that case the longest delivery time applies.
4.4. Orders are delivered by ordinary mail or carrier.
5.1. Prices on our websites, in our emails and in promotional materials are for information purposes only and may differ from time to time.
5.2. Prices are including VAT where applicable and excluding shipping costs and any applicable import duties, levies and taxes.
5.3. The price of your particular order and the shipping costs are shown in the order process as part of our offer, which you accept by making payment, the final step in our order process. The shipping costs do not include any applicable import duties, levies and taxes, nor can we give any information about these, as they are charged by the country of your shipping address. We advise to consult your local customs office for information.
5.4. We regularly offer discount codes and promotions to our customers. Specific terms and conditions apply. In case of expiration of a discount code, the regular prices apply.
5.5. Our websites contain information about the various payment methods that are available to our customers. As noted above, you place your order by making payment in our order process. Upon receipt of the payment, the agreement is formed on the condition precedent that the upload of your photos was successful. Once we've received your payment, we send you a confirmation by email.
6.1. As our products are made to the customer's (consumer’s) specifications or are clearly personalised, our customers do not have a right of withdrawal with regard to the agreement.
7.1. The products we deliver have the quality and performance that are normal in goods of the same type and that you may reasonably expect. Please note that the quality of our prints is dependent on the quality of the digital images that you upload and we cannot accept claims on the basis of differences in colours between a print and the original digital image.
7.2. In case you are unhappy with your order or our service, we request that you notify us within 14 days of receipt of your order in order for us to offer a fitting solution to you.
7.3. In case the product you ordered is not in conformity with the agreement, because of a clear deficiency or the incomplete or incorrect processing of your order, you must inform us within a period of two months from the date on which you detect the lack of conformity, or such longer period as prescribed by applicable mandatory law. In case of a lack of conformity, you have the right to a repair or replacement which we aim to send to you within our regular delivery times. We will send it to you free of charge.
7.4. Please note that if you delete the digital photo images from your account or terminate your account altogether, we will not be able to reprint your order.
7.5. In case we are unable to provide you with a repair or replacement that remedies the lack of conformity, you have the right to cancel the agreement and receive a full refund of the purchase price, unless the lack of conformity is minor.
7.6. You are obliged to return the products that were not in conformity to us upon our request. We will make sure you don't incur any shipping costs.
7.7. We are under no obligation to provide a solution for a product that is damaged as a result of improper use by the customer or normal wear and tear.
8.1. The services provided on our websites albelli.nl, albelli.be and bonusprint.co.uk are not meant to be used as photo storage or photo organiser and are not designed for that purpose. In general, we use retention periods for data in your account, including for photos that have not been used for a certain period of time and for photo products that have been ordered. After the expiry of these periods, these data will be deleted. More information can be found on our websites.
8.2. The services provided on onskefoto.se offers Minbildbank. Minbildbank is a photo storage and photo organiser service that is available to active customers. You are an active customer if you have placed at least one order with us in the last 12 months. After this period, access to Minbildbank is limited and you are informed thereof by email to your last known email address. You may then place a new order to regain access for a further 12 months, or download and delete your photos from Minbildbank. If you do not place an order to regain access for a period of 2 months following the date of the email we sent, we shall send you another email and proceed to delete your photos 14 days thereafter.
8.3. We use commercially reasonable efforts to make sure that any photos you upload to our services are available for you for use through your account, but do not give any guarantee in that respect. You are responsible for always keeping copies of your photos elsewhere. We are not liable for loss of photos or other data.
9.1. You are responsible for the use of your account and guarantee that you or anyone who uses your account with your permission complies with the T&C's. Accounts are granted to individual, named persons and may not be shared. You will use your own name and contact details and keep your password strictly confidential. If you expect your account has been used without your permission, please notify us immediately.
9.2. You guarantee that the photos uploaded to our services through your account do not infringe any third party rights. Third party rights include, without limitation, intellectual property rights, such as copyrights, neighbouring rights, design rights, patent rights, trade mark rights, trade name rights and trade secret rights. Third party rights also include, without limitation, privacy rights and rights to the basis of one's portrait.
9.3. You also guarantee that the photos uploaded to our services through your account are not in violation of criminal law, statutory provisions of mandatory civil or administrative law, public order, public morality or what according to unwritten law has to be regarded as proper social conduct.
9.4. You guarantee that by processing your order and performing the agreement, we are not violating any of the third party rights or laws as noted.
9.5. You guarantee that the orders you place are for private and non-commercial use.
9.6. You guarantee that the photos uploaded to our services through your account do not contain viruses, malware, Trojan horses or other forms of harmful software or any other content that may compromise our services. You guarantee not to hack, spam or use our services in any manner that interferes with or disrupts the integrity or performance of our services. You also guarantee not to collect or process any (personal) data from our services.
9.7. To the maximum extent permitted by law you will indemnify, defend and hold harmless albelli and its affiliates from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with any claim arising from or relating to your breach or alleged breach of the T&C's.
9.8. We have the right to cancel the agreement, delete your photos, suspend or terminate your account and notify the relevant authorities in case you act in violation of the T&C's or we have serious reason to believe this is the case. We are not liable for any damage that is the result of this.
10.1. We aim to keep all of our services available to you on a continual basis, but maintenance work, security updates, or events or disruptions beyond our control may disrupt our services or your account during times. We cannot be held liable for any loss or damage arising in connection with such disruptions.
10.2. Our services are available to you if you have a computer or device with internet access and up to date internet browser. For our mobile application additional requirements apply. You have the obligation to take sufficient security measures with regard to your device and the software you use. Please note that we cannot be held responsible for the devices and software you use in making use of our services, nor can we be held responsible for errors or loss or damage of data during transfer of digital photo images to our services through computer networks or telecommunication facilities not controlled or operated by us.
10.3. To the maximum extent permitted by law, our websites, applications, photo editor and other services are offered on an "as is" and "as available" basis without any warranty. We may make changes to our services from time to time.
11.1. All intellectual property rights, including but not limited to copyrights, neighbouring rights, database rights, design rights, trademark rights, trade name rights, trade secret rights and patent rights on and regarding our websites, applications, photo editor and services, including the know-how related thereto, are owned by albelli and its licensors.
11.2. You have a non-exclusive, non-transferable limited licence, without the right to sublicense, to access and use our services solely as is necessary to benefit from our services. You are not permitted to reproduce, modify, or make available to the public any part of our services, unless as is permitted under mandatory law.
11.3. We are allowed to take technical measures to protect intellectual property rights. You shall not remove, avoid or bypass this security or have any third party do so.
11.4. You are not permitted to integrate or combine parts of our websites, applications, photo editor and services in part or as a whole in or with software that was not made available by us. Decompilation, reverse engineering or any form of translating or editing of our websites, applications, photo editor and services is not permitted unless and exclusively when these actions completely fall under what is permitted by mandatory law.
13.1. Nothing in the T&Cs excludes or limits our liability for any matter in respect of which it would be unlawful for us to exclude or restrict our liability. This may include (without limitation, depending on your country of residence): (i) death or personal injury caused by our negligence; and (ii) fraud or fraudulent misrepresentation.
13.2. To the maximum extent permitted by law, our liability is limited to damages that are the direct and immediate result of a breach of our obligations or unlawful act by us. This means we are not liable, among other types of damages, for indirect or consequential damages such as those in the form of:
(a) loss of turnover;
(b) loss of profit;
(c) interruption of business; and
(d) damage claims of third parties.
13.3. We are also not liable for loss of data or damage to data.
13.4. The amount of our liability is at all times limited to the amount paid out under our insurance policy, or the amount of the purchase price paid by you for your order from which our liability arises, in case no insurance payment is made.
13.5. The limitations of liability do not apply in the case of intent or deliberate recklessness on the part of albelli.
13.6. Nothing in the T&Cs affects your statutory rights.
14.1. The legal relationship between us and you is exclusively governed by the laws of England and Wales. The applicability of the Vienna Sales Convention is excluded.
14.2. Any dispute (contractual and non-contractual) between us and you will be exclusively submitted to the competent court in London, United Kingdom.
14.3. If you are a consumer resident in the European Union (including the United Kingdom), and wish to have more information on online dispute resolution, you should follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged to participate in online dispute resolution.
15.1. Should a provision of these terms and conditions become partially or fully ineffective, the other provisions shall remain unaffected. The ineffective provision is, in such a case, considered to be replaced by a provision that is effective and differs as little as possible from the content and scope of the original provision.
15.2. The T&C's may be changed or updated at any time. You can always find the most recent version on our websites. Each order is subject to the version of the T&C's applicable at the time of the order.
15.3. The T&C's also apply on behalf of the legal persons or entities, auxiliary persons, and subordinates that we engage in performing the agreement.
15.4. The legal relationship between you and us and your rights and obligations under the agreement cannot be transferred without our prior written consent. This provision has effect under property law.