The ifolor team is pleased that you have decided to entrust us with processing your photographs on negative film or digital picture files.
We process digital pictures in various formats, such as JPEG (please refer to our homepage), and 135 mm colour negative film of every brand. Your satisfaction is our top priority. Should you have any questions and ideas, or should something not be quite right, please phone us (CH: 071 686 54 54) or send us an e-mail at firstname.lastname@example.org
1. These Terms and Conditions apply to your orders
Please read through the following Terms and Conditions of Business, as they apply for all your orders placed with us.
By sending in your digital data, data carriers or films to us or by handing them in to a collection point at our domicile in Kreuzlingen, Switzerland, or by clicking in the box designated "I accept / Accept" (or similarly) in our order software, you are stating that you agree to ifolor’s Terms and Conditions of Business below.
2. Consent to processing your personal data
Your photographic picture data will be used by us exclusively for the correct processing of your order; will be stored for the creation of your photographs and other photo products; and will be automatically deleted within at most 30 days from the completion of the order.
3. 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/en. This is subject to special promotional offers and individual agreements.
As soon as our laboratory receives your films or digital images, the job order is carried out in accordance with your instructions. Orders by electronic communication will be confirmed promptly by e-mail to your registered e-mail address. Please save its content for your documentation.
Please note that digital orders, once received by us, cannot be amended, deleted or combined. Unless you specify otherwise, we will deliver your photos in the formats 11 cm (from digital images) or 10x15 cm (from colour negatives) on high-gloss paper. As a rule, your photos are processed the same day or the next day. If an order can be divided up and the parts can be used separately, we may supply orders in parts.
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.
Should you not yet have settled earlier orders, and reminders have been sent to you, 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.
Insofar as, while processing your orders, pictured contents appears which in evidence infringes the law, your order will not be processed.
We shall send you the photographs, other photographic products and your negatives by post to addresses in Switzerland.
The risk of accidental loss or accidental damage or accidental destruction of the goods supplied shall pass over to you when the goods are handed over to the party transporting the goods.
6. Terms and conditions of payment
For online orders you may pay by the means of payment which are displayed on our homepage or in our order software. These may vary from time to time, or from country to country. Your selection of a means of payment implies ifolor’s authorisation by you to collect payments in correspondence therewith. In the event of return debits, ifolor shall be entitled to reimbursement of any cost and bank fees related thereto.
Where payment on invoice is offered, 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 payment period indicated on the invoice.
We reserve the right to charge reminder fees of at least CHF 50.- and to apply other collection charges. Should we have to conduct execution proceedings, we will charge a handling fee of at least CHF 200.-.
7. Bonus Programme
As soon as you have opened a customer account on the ifolor homepage, orders that you make in future via this customer account will automatically be taken into account in the ifolor bonus programme. You can find detailed information on the bonus programme on the ifolor homepage under the heading "Bonus". ifolor
reserves the right to change or end the bonus programme at any time.
8. Reservation of ownership
All delivered products remain the property of ifolor until full payment (including mailing costs and VAT if applicable) has been effected.
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, and are claimed within 21 days from receipt of delivery (for hidden defects: within 21 days from detection).
If the products are defective, you may first of all request delivery of products free of defects. We may request that you reprocure the necessary data to us. We may decline delivery of rectified products if this is impractical or if this entails disproportionate costs. If we do so, you shall be entitled to the remedies provided for by the law. Damage compensation is subject to the following section 10.
Please observe that typing errors entered by the customer, pictures of insufficient quality (e.g., digital pictures with low resolution), configuration errors committed by the customer (e.g., in disregard of warning notices during the configuration of photo products) or an erroneous product selection, erroneous order quantity or other deficiencies resulting from the order entry are excluded from complaints and warranties. This includes damages occurred during delivery transport.
Should a Photo CD ordered from ifolor not work when you first attempt to use it, ifolor shall provide you with a new photo-CD free of charge, provided that you return the defective Photo CD and the negatives to us promptly. Any further liability for Photo CDs manufactured by ifolor is hereby declined, subject to the following section 10.
We shall be liable in accordance with the law for occurrences of unlawful intent and gross negligence, as well as for bodily injury. In any other cases, the following applies:
In the event of a delay in delivery, our liability is limited to the amount of 10% of the respective order price (including value added tax).
Should your 135 mm colour negative film be damaged or lost, you will receive unexposed films in compensation. Liability shall be limited to the raw material value of the negatives. Other claims, such as compensation for the costs of taking the photographs or compensation for the value of the lost memory shall not be accepted.
We decline any liability related to films sent in that are not in correspondence with the formats processed by ifolor; such films will be returned unprocessed.
We shall not accept liability for damage or loss of your digital pictures sent in to us via internet, mobile communication, or on USB storage devices, CD ROM or other data carriers.We decline any claims in this respect, such as compensation of material cost or cost of the data carriers, and the costs of taking the photographs or compensation for the value of the lost memory. We recommend that you always back-up your digital data.
All software and all other content accessible on ifolor’s homepage or downloaded software made available by ifolor or labelled with ifolor’s brand or designation (such as Designer, apps etc.) and the programs used on ifolor Photo CD ROMs are the property of ifolor or its suppliers and are protected by copyright law. You are authorised to download to your PC or mobile device (e.g. tablet, smartphone or mobile phone) only the software which you need to place the order, and to use it only for making 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 explicitly designated for download 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 the law.
If you wish to place links to the www.ifolor.ch/en web site on an internet web page or an interactive data carrier, you will have to obtain ifolor’s prior written consent. We would also draw your attention to the fact that confidentiality cannot be guaranteed when images and data are sent via the internet or mobile telephony.
We decline any claim to have the source code of the software disclosed.
Reverse engineering or decoding of the software and its source code is prohibited.
12. Third-party rights
You are solely responsible for ensuring that you are entitled to the required copyright, trademark, privacy 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 such rights, you will be liable to ward off these claims at your expense and to indemnify ifolor for
13. Applicable Law, Jurisdiction and Severability
This contractual relationship between you and ifolor is subject to Swiss law,
with the exclu-sion of the CISG (UN Convention on Contracts for the International Sale of Goods). Unless you are a consumer, the courts in Kreuzlingen shall have exclusive jurisdiction over all disputes related this contractual relationship. Should one or several provisions of these Terms and Conditions or parts of such provision be or become invalid or ineffective, this shall not affect the validity of the remaining provisions hereof. The invalid or ineffective shall be replaced by such valid provision which corresponds as far as possible to its intention. This also applies to any loophole in these provisions.
Kreuzlingen, April 2014