Terms of service

Date of Last Revision: February 1, 2021

Thank you for choosing our products and services.

INTRODUCTION

Prisma Studio Imaging SRL through its service called Fotocolaj, provides online photo publishing services to you through its websites www.fotocolaj.com and fotocolaj.ro (the “Website”) and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to these Terms of Service (“Terms of Service” or “Agreement”).

By accessing or using the Service, you (the “User”) agree that you have read, understand and agree to be bound by these Terms of Service (“Terms of Service” or “Agreement”), whether or not you are a registered member ("Member") of the Service. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without notice. If we do this, we will post the changes to these Terms of Service on our Site and will indicate at the top of the Terms of Service the date they were last revised.

Any new Terms ofService are effective upon posting and your continued use of the Service after such posting constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service. It is your responsibility to regularly review the Terms of Service to determine if there have been changes.

USING THE WEBSITE AND CREATING AN ACCOUNT

It is free to use the website, but, It is necessary to make an account for placing an order.You can do this very easy, by going to My account. The access to your account is protected by a security password.

We recommend you to keep the password secret and not pass it on to anybody else.

The website Fotocolaj will never ask for your password in messages or calls. We kindly ask you to log-out from your account when you have finished a session.Unfortunately, no internet data transmission is 100% secure, and therefore, despite our protection efforts, we can not guarantee or secure the safety of the ways the information is transmitted to us. Each registration is made for one user. It is forbidden to share your user name and password for the Fotocolaj account.

TERM

This Agreement shall remain in full force and effect while you use the Services or are a Member. You may have your account deleted by contacting hello@fotocolaj.com. Fotocolaj may terminate your membership for any reason, at any time. Even after termination, your obligations under this Agreement will remain in effect. You understand that termination of this Agreement and your account may involve deletion of your Fotocolaj information from our live databases as well as any Member Content that you have uploaded to the Service or created on the Service using your account. You agree that Fotocolaj will not have liability whatsoever to you for any termination of your account or related deletion of your information or Member Content.

PLACING AN ORDER. CONFIRMING AND SHIPPING

Fotocolaj is offering you a simple method to place an order. Please follow these steps:

• To place an order, it is necessary to create an account and you will be automatically logged-in. At this point, you can select the features of the product you have chosen, and you will get access to the editing app.
• Once you are in the editing app, you can upload your photos, and we offer you the possibility to auto fill the album/calendar just with a click. Afterward, you can customize every page with filters, text, stickers and background, that we have prepared for you, or which you can upload.
• To place the order, just go to the Shopping Cart symbol, and select the option you want.
     “Place Order” will redirect you to the page which contains all the information about the price, discount (in case of gift voucher) shipping and payment method. You can ship to a different address than the one you filled in while creating the account if you want for example to make a present. You can also, write us a message for any special requests.
• Please check the quantities you have ordered, before you submit your order. You will find the option to increase or decrease the number.
• After choosing all the options you want, you will select to send the album for printing. You will be contacted by a member of our team, to confirm the data once more.

While still in the cart and did not submit your order you have the following options:

- Edit and Modify, which allows you to go back to the editing phase and make changes before placing the order.

- “Detail” section - shows you all the characteristics and options selected for the project, including a summary of all pages. - “Delete”- allows you to delete the project.

• If you want to order another album, you can go back to the menu “PRODUCTS” and create a new one, which will be added to your cart if you have not yet placed the previous order.
• Shipping and billing: to get to this step, you have to be already logged in to your account and to choose the “PLACE ORDER” button.
• Next step is that you will be asked to fill in the shipping and billing details and the payment method.
  The discounts and voucher codes will be used here and the price recalculation will be automatic.
• If you forget your account password, you can use “Forgot my password” option when you enter the Log-in page of the website. In a few instants, you will get the password on the email address you filled in at the beginning.

You can contact us at any time, if you encounter any problems during the whole process of placing an order.

You find our details on the “Contact” page or write us please at hello@fotocolaj.com

Fotocolaj reserves the right to cancel any order placed by a client, following a notification addressed to the client, without any further obligation of any of the parts, or without any of the parts requesting a reward. This applies in the following cases:
- the client’s credit card being rejected by the bank
- transaction invalidation by the credit card security website partner of SC.Prisma Studio Imaging SRL
- if the details filled in by the client are incorrect or incomplete
- if the the clients activity on the website can/ or produces any kind of harm to SC Prisma Studio Imaging SRL, or to its partners
- after the attempt of two failed deliveries
- for any other objective reasons

The album spine will automatically contain the text "creatcufotocolaj.ro" respectively "createdwithfotocolaj.ro". Editing text from the spine can only be done on request, either by email or by mail when the order is placed. The client cannot request reimbursement and renew their product for this change.

If the client wants special/additional edits to the photobook already ordered or want that the fotocolaj team will create the design an additional cost for editing services will be charged for 5 lei/page (10 lei/sheet). The price estimation will be communicated initially and every change will be confirmed with the client

PRICES AND PAYING METHODS

The prices shown on the website include VAT and do not include the shipping fees of the products.The album prices shown on the website is calculated according to the minimum number of pages per order, which is 10 pages or 5 sheets plus the cover consisting of 2 pages. The price may not be reduced if an album with fewer pages is ordered, the minimum price being displayed on the site. Prisma Studio Imaging SRL has the right to change the prices on the website at any time, so, we kindly ask you, to check the offer on the website before placing an order. No price changes are possible after the order has been placed.

There are more payment methods:
- cash, with the reimbursement method, when delivered by the courier.
- online with credit/debit card using the secure payment method by mobilpay.

Fotocolaj can not be held responsible for any shipping delays caused by the courier. If this the case, the client can not pretend any reimbursement.

For the campaigns and promotions that will be promoted on the website and social media, specific terms will be applied and they will be valid for the entire period of the promotion.

The vouchers function based on percentage when the discount is offered to all products ordered, except delivery cost or value based voucher, when the discount will be granted to value of the order. Details of the voucher type will be granted together with the promo code.

 

DELIVERY TERMS

After you have placed your order you will be contacted by telephone by one of our operators to confirm the order and to determine together the last details of the delivery for the albums/calendars or other products selected. We deliver all around Romania and also abroad. If you want a delivery of products abroad, please write to us hello@fotocolaj.com order to establish a way to deliver jointly.

Shipping rates by courier:
The cost of delivering an order in the country is 22 lei(Romania). The cost of shipping orders through Europe is 69 lei (15 eur)

RETURNS

If you are not fully satisfied with your Fotocolaj product, please contact us at hello@fotocolaj.com within seven (7) days after receiving your product. We will determine with you the most appropriate remedy, which may include reprinting your Fotocolaj or refund.

Under the local Romanian legislation, the client is entitled to notify in writing to cancel the purchase without penalty and without giving any reason within 10 days of receiving product.

The customer shall notify us through and email with the cancel the purchase through email at hello@fotocolaj.com. In this case, the customer will be refunded the amounts paid by it conditioned the return of the goods in good condition, without damage, and without any bumps or other signs of use.

Goods must be returned in their original packaging and be accompanied by all documents that were delivered to the client upon delivery. If the repayment value of the product, it will be done within 30 days of confirmation of the return.

The costs of returning the goods will be borne by the customer. The seller has the right to claim damages, if the client has proved malice.

According O.G. 130/2000 art. 10 lit.c. SC Prisma Studio Imaging SRL reserves the right not to accept returned products which by their nature can not be returned or are liable to deteriorate or expire rapidly.

PAYMENT DISPUTES

You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Such notification shall be sent to the following address:
Prisma Studio Imaging  SRL
str.Petru Maior nr.15-19 sc.B parter ap.59
Cluj-Napoca, 400000
or via email at hello@fotocolaj.com

PASSWORD AND ACCOUNT SECURITY

An account is automatically created for you and is linked to your email address when you place an order or create an account via Facebook and other means. You agree not to use the account, email address or password of any other Member at any time. You are solely responsible for all activity by anyone using your account and/or password. If you suspect unauthorized use of your account or your password, please contact us at hello@fotocolaj.com.

MEMBER CONDUCT

You understand that the Service is available for your personal, non-commercial use only. You agree that no Member Content of any kind submitted by you or through your account will violate or infringe upon the safety or rights of any third party, including but not limited to copyright, trademark, privacy or other personal or proprietary rights or contain libelous, defamatory or otherwise unlawful or illegal material. You further agree not to scrape, harvest or collect email addresses or other contact information of Members from the Service by electronic or other means for any commercial purpose, for sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Service or for any purpose. You further agree that you may not use Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair

Service. In addition, you agree not to use the Service to:

• upload, post, email, transmit or otherwise make available any Member Content that we deem, in our sole discretion, to be harmful, threatening, abusive, deceitful, misleading, harassing, vulgar, offensive, obscene, hateful, or racially, ethnically or otherwise objectionable;
• impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
• upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, bulk email, advertisements, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• intimidate or harass another;
• use or attempt to use another's account, service or system without authorization from Fotocolaj, or create a false identity on this Service.

LINKS TO OTHER WEB SITES

The Service may contain links to other web sites. Fotocolaj is not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on the Service does not imply approval or endorsement of the linked web site by Fotocolaj. If you decide to access these third-party web sites, you do so at your own risk.

SOCIAL NETWORKING SERVICES

We may permit you log in to the Service via various online third party services, such as social media and social networking services like Facebook or Instagram (“Social Networking Services”), and we may ask you to authenticate, register for or log into Social Networking Services through their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with this Terms of Service. For more information about the implications of activating these Social Networking Services and Fotocolaj's use, storage and disclosure of information related to you and your use of such services within Fotocolaj (including your friend lists and the like), please see our Privacy Policy. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Fotocolaj shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.

In addition, Fotocolaj is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such,

Fotocolaj is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Fotocolaj enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

PRIVACY

Fotocolaj cares about the privacy of its Members. View Our Privacy Policy, which is incorporated into this Terms of Service.

DISCLAIMERS

Fotocolaj is not responsible for any Member Content, including Member Content that violates this Terms of Service or is offensive, incorrect or inaccurate, whether such condition is caused by users of the Service, Members or by any of the equipment or programming associated with or utilized in the Service. Fotocolaj is not responsible for the conduct, whether online or offline, of any user or Member of the Service. You understand that the Service may be temporarily unavailable from time to time. Fotocolaj does not endorse, guarantee, represent or warrant the books, products, contect, advertisements or any member content on the service. Fotocolaj assumes no responsibility for any error, omission, interruption, unavailability, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications.

Fotocolaj is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the INTERNET and/or in connection with the Service. Under no circumstances will Fotocolaj be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Service, any Content posted on the service or transmitted to Members, or any interactions between users of the service, whether online or offline. The service and the content are provided “As-Is” and “As available” and Fotocolaj disclaims any and all warranties, whether express or implied, including without limitation implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Fotocolaj.com or fotocolaj.ro cannot guarantee and does not promise availability of the service or any specific results from use of the service. This section shall apply to the maximum extent allowed bu applicable law.

ELECTRONIC COMMUNICATIONS

The communications between you and Fotocolaj use electronic means, whether you visit the Website or Service or send Fotocolaj e-mails, or whether Fotocolaj posts notices on the Website or Service or communicates with you via e-mail. For contractual purposes, you

(a) consent to receive communications from Fotocolaj in an electronic form;

and

(b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Fotocolaj provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in writing. The foregoing does not affect your statutory rights.

RELATIONSHIP OF PARTIES

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or in your Fotocolaj products, that would reasonably contradict anything in this section.

LIMITATION OF LIABILITY

SC Prisma Studio Imaging SRL assumes no liability, under any circumstances, for any damage, caused directly or indirectly for any direct or indirect lack of profit (including but not limited to this enumeration: damages for loss of profit interruption of business or other pecuniary loss) incurred as a result of the use or discontinuation of use or lack regularity and product information provided on the site.

SC Prisma Studio Imaging SRL is not and can not be held responsible for damage caused by error, inaccuracy or failure to update information published or maintained on site, which is not due to its fault. Photo/photos displayed (e) the product is (are) indicative and (can) differ from the actual product to be delivered.

Product specifications are informative, according to data supplied by the manufacturer; they may change without notice and does not constitute a contractual obligation.

Product features on the site are taken/made available by the manufacturer so Prisma Studio ImagingSRL assumes no responsibility for the accuracy of this information or for effectiveness.

SC Prisma Studio ImagingSRL is not liable for damage caused by the failure of the website as well as those resulting from the impossibility of accessing certain links posted on the site.

PRIVACY POLICY

This data protection statement containing the information we obtain and use them in touch with those who fill our net page. The statement does not apply to net external pages from fotocolaj.ro/fotocolaj.com page is reached by links.

RECORDING AND PROCESSING OF PERSONAL DATA

When you visit our website, our server automatically records and provisional data access, that IP address to access our pages that were investigated by the visitors, date and duration of the visit. This data is deleted after you exit our homepage. In addition to this, personal data is kept only if you indicate voluntarily, eg. during a registration, filling out a questionnaire, a competition or an online presentation. Provision of data, always inform you about the purpose of obtaining information.

SC Prisma Studio Imaging SRL collects personal data on its site pages, only with the voluntary agreement of the Customer, for the following purposes:
- Validation, dispatch and invoicing orders to it;
- Cancellations solving problems of any kind related to an order or a contract for services or products purchased by him;
- To ensure access to the service;
- Sending newsletters and / or periodic alerts in electronic format only;
- Contacted to request voluntary;
- Contacting the customer issues;

Welcome personal data only state bodies based on mandatory legal requirements. Without your explicit consent we do not send data to third individuals.

By creating the account, each customer has given consent SC Prisma Studio Imaging SRL, collect and manage personal data it under the conditions and in compliance with Law 677/2001.

Any customer has the right to obtain from SC Prisma Studio ImagingJ SRL, through a written request, signed and dated, free of charge:
a) confirmation that data concerning him or not processed by it;
b) if necessary, correction, updating, blocking or deletion of data processing which does not conform to the law, especially incomplete or inaccurate data;
c) if necessary, make anonymous data whose processing does not comply with the law;
d) notification to third parties to whom the data have been disclosed of any operation performed according to letters b) or c), unless this proves impossible or involves a disproportionate effort towards the legitimate interest that could be harmed.

Any customer has the right to object at any time on compelling legitimate grounds relating to his particular situation, by sending Prisma Studio Imaging SRL a request, made in writing, dated and signed, that data intended to be processed, unless there are legislative provisions to the contrary. If the opposition can no longer be justified processing such data.

Any customer has the right to object at any time, free of charge and without any justification by sending  Prisma Studio Imaging SRL a request made in writing, dated and signed, that data intended to be processed for direct marketing in the operator or a third party, or be disclosed to third parties for such purposes.

SC Prisma Studio Imaging SRL can involuntary collect other data (IP address, time of visit, the place where you have access, internet browser name and version, operating system, including other parameters) provided by Internet browser through which is Access to the site and may be used by SC Prisma Studio ImagingSRL to improve its customer service; make exceptions if they are violated provisions of the document, in the event where the outcome Client actions contrary to the interests of any nature or cause damage to the SC Prisma Studio Imaging SRL and / or eventual third parties with which SC Prisma Studio Imaging SRL has contracts partnership at that time.

The customer has the right to oppose the collection of his personal data and to request its deletion, thus revoking the approval given for the document, and thus relinquishing any right implicitly specified therein and without further obligation of either party to the other or without any party can claim damages from the other.

To exercise the aforementioned rights, the customer will address SC Prisma Studio Imaging SRL, according to data available at contact, valid at the time.

Using the forms available on the site, the client has the right to change the dates on which they originally stated to reflect any changes, if any.

Privacy policy SC Prisma Studio Imaging SRL refers only to data provided voluntarily by the Client exclusively on the site.  SC Prisma Studio Imaging SRL is not responsible for the privacy policy practiced by any other third party which can be reached through links, whatever their nature, outside the site.

SC Prisma Studio Imaging SRL undertakes customer data collected to be used only in accordance with the stated goals and do not publish, sell, lease, license, transfer, etc. database containing information on personal data or particular customer, any third party involved in accomplishing the stated goals.

The exception to the above provisions will be when the transfer /access /view etc is required by the competent bodies in cases stipulated by the regulations in force at the date of the event.
SC Prisma Studio Imaging SRL is not liable for damage that may endanger the security server that is hosted database containing data.

USE OF COOKIES

Cookies ("cookies") are short code, the provider web page list them on the hard disk. For your comfort, and help you optimize the use of our pages, and we include cookies on your computer They do not contain personal data.

Based on your computer's browser settings, you can request information on the location of Cookies, you can lock or delete them automatically when you leave the page you visited.

SECURITY

SC Prisma Studio Imaging SRL with its electronic service provider all the efforts possible to exclude viruses that may affect the site or its content, but in any case, does not guarantee their total absence. SC Prisma Studio Imaging SRL can not be held liable for viruses or the like, which occurs due to exceeding the measures to be adopted by the SC Prisma Studio Imaging SRL (eg user's Internet connection). SC Prisma Studio Imaging SRL advising the user to take the necessary measures personal and independent before accessing or downloading information or materials on site.

Similarly, the user undertakes to take all necessary measures to avoid transmitting viruses when accessing the site from him.

NEWSLETTER

To the extent that you are interested in receiving our newsletter containing news and offers Fotocolaj our specially published on our website, you can subscribe to this effect. Each user that will sign up on the websit eis automatically subscribed to the newsletter. Afterward, you will have the opportunity to unsubscribe anytime by sending an e-mail to: hello@fotocolaj.com with the subject "unsubscribe newsletter" and mention your e-mail address or use the unsubscribe option in any of the newsletters received from fotocolaj.

COPYRIGHT, CRIMINAL LAW

For content image data transmitted by the client, the provider guarantees the client that, when he is performing and executing the order as intended, no personal rights are violated, copyright or other third parties. For any injury to these rights will meet the client, the provider being exonerated from any liability for damage /copyright infringement or to other third parties. The client guarantees with the command itself, that the content is not contrary to any criminal law, focusing primarily on the illegal distribution of pornographic materials (Penal Code - Art.325), and if the provider has evidence of annoyance with this obligation guarantee undertaken by the customer, will inform the competent prosecution.

When placing and order the client will grant fotocolaj the right to use photos and videos of the final product on the website and on the social media accounts (facebook and instagram). If the client wants them removed please send an email at hello@fotocolaj.com with the specific removal request.

INTELLECTUAL PROPERTY RIGHTS

The content and design of the web page is protected by intellectual property rights, trademarks and names are used for business/ commercial. Some areas of the website may have content that may belong to the intellectual property rights of third parties. Contrary to general contractual provisions duplication, modification or damage of any form and in any other way intellectual property rights, whether it's full or partial, it is prohibited without prior written consent given by the owner of intellectual property rights.

Infringement of intellectual property rights entail criminal liability / material that violates a person's right.

CRIMINAL CLAUSE

The parties undertake to each other just and timely execution of contractual obligations. For non-enforcement of all or part of their contractual obligations due to moral and material damages parts according to Romanian law. Romanian language is the language conclusion, interpretation and all acts done in the performance of this contract.

COMPETENCE, JURISDICTION

Any conflict would arise in connection with this commercial connection will be resolved amicably. If the parties agree to resolve the dispute amicably occurred during the performance of this contract, the competent court is the supplier headquarters court.

SETTLEMENT OF DISPUTES

Web site owners will do everything possible to solve amicably any dispute between them and third parties. If the resolution is not possible amicably settling disputes will return to the competent court in Cluj-Napoca.