1. Object
The ifolor team is delighted that you have chosen to entrust your films and photos to us for processing. We process all makes of 135 and APS colour negative films and digital images in a variety of formats (please refer to our web site for details). Your satisfaction is our top priority. If you have any questions or suggestions or if there is ever a problem with our services, please call us on 071 686 54 54 or e-mail us at .
Please read through these General Terms and Conditions of Business as they apply to all your orders. By sending your films, digital data or data storage media to us or by handing them in at an appropriate reception point or by clicking the “I Accept/Accept” field in our ordering software, you declare that you accept the following General Terms and Conditions of Business of ifolor.
2. Product selection and prices
Our selection of products is constantly being adapted in line with technical developments. Our prices and the share of mailing costs we invoice you with may vary from time to time. You can find our current selection of products and the prices we currently charge on our web site at www.ifolor.ch. Subject to special promotional offers and individual agreements.
3. Ordering
As soon as our laboratory receives your films or digital images, the job order is carried out in accordance with your instructions. Please note that digital orders cannot be amended, deleted or combined. Unless you specify otherwise, we will deliver your photos in the formats 10x15 cm (from colour negatives) or 11 cm (from digital images) on high-gloss paper or, in the case of APS, on “high gloss” medium. As a rule your photos are processed the same day or the following day. If you have not yet settled earlier orders and have since been sent reminders, we reserve the right to withhold sending the processed order until full payment has been received. In special cases we reserve the right to refuse orders and do so without any obligation to state the reasons for our decision.
4. Delivery
We will send your negatives, photos and all other photo products by post to addresses in Switzerland.
5. Terms and conditions of payment
For online orders you may pay by credit card. If you prefer not to use a credit card, then payment is to be made as follows: An invoice with a pay-in slip will be enclosed with the delivery. Please use the pay-in slip to make the payment within the time period indicated on the invoice. We reserve the right to charge reminder fees and to apply other collection charges. In the case of large orders from new customers we reserve the right to send the order cash on delivery or to process only part of the original order. If so, we will inform you accordingly before we start processing the order.
6. Reservation of ownership
All delivered products remain the property of ifolor until full payment has been effected.
7. Warranty and liability
ifolor guarantees that your film development and photo printing orders will be carried out professionally and with the utmost care. The developed photos are subject to a stringent quality control. Complaints will only be acknowledged if they relate to technical defects in the delivered photos and other photo products.
If your 135 or APS colour negative films are damaged or lost, you will receive unexposed films as a replacement. Our liability is limited strictly to the material value of the negative material. All other claims such as claims for compensation for the costs incurred in taking the photos or compensation for lost sentimental value, etc., are excluded. We decline all liability for films sent in to ifolor which do not correspond to a format processed by ifolor; such films will be returned unprocessed.
We decline all liability for damage or loss to your digital images sent to us via the Internet, by wireless data transmission (WAP/mobile phone, etc.), on CD-ROM or on any other data storage media. All claims such as claims for compensation for material costs, costs of data storage media, costs incurred in taking the photos or compensation for lost sentimental value, etc., are excluded. We strongly recommend that you always make a back-up copy of the digital data beforehand.
If a photo CD ordered from ifolor fails to work properly when used for the first time, ifolor will make a new photo CD free of charge provided you immediately send the defective photo CD and the negatives back to us. No further liability will be assumed for a photo CD created by ifolor.
8. Software
The entire contents of the www.ifolor.ch web site, the programs installed on the web site, and the programs contained on the ifolor photo CD-ROMs are the property of ifolor or its suppliers and are protected by copyright law. You are authorised to download on to your PC or mobile equipment (e.g. mobile phone, Palm) only the software which you need to place the order and to make your order. To this end ifolor and its suppliers grant you a non-exclusive licence for the duration of your business relations with ifolor. All other commercial or non-commercial use is prohibited. Content from the web site not marked accordingly may not be downloaded either in part or in full without the express consent of ifolor. We also draw your attention to the fact that various logos, company names, etc., to be found on the www.ifolor.ch web site are protected by law.
If you wish to place links to the www.ifolor.ch web site on an Internet web page or an interactive data carrier, the prior written consent of ifolor will be required. We would also draw your attention to the fact that confidentiality cannot be guaranteed when images and data are sent via the Internet and WAP/mobile telephony.
9. Third-party rights
You are solely responsible for ensuring that you are entitled to the required copyright, trademark and other rights to the pictures you send in. Should any third parties assert any claims against ifolor in connection with your order on the grounds of an infringement of copyrights, trademarks or other rights, you will be liable to ward off these claims at your expense and to indemnify ifolor for damages incurred.
10. Data confidentiality
We collect and process data using automatic data processing equipment in compliance with the Swiss Federal Data Protection Act.
Your data will be used exclusively to process your order in a good and proper way and to improve our product offer and our services. ifolor will treat your data confidentially and will not pass it on to third parties unless it proves expedient for operational reasons to have the data processed by third parties at home or abroad, in which case the third parties are contractually bound to treat the data confidentially. For more details please refer to our data protection notice in the version published at the given time. By using our product or service offers, you agree with the processing of data as therein specified.
Your image data and the data of all other photo products will be stored on our systems in order to produce the photos and other photo products; it will be deleted automatically once the order is completed.
11. Applicable law, place of jurisdiction
This contractual relationship is subject to Swiss law.
The place of jurisdiction is Kreuzlingen, Switzerland.
Kreuzlingen, January 2010 |
