Terms & Conditions
1. Overview of the T&C
1.1. Via its website www.foto.com, hereunder the « Site », FOTO.com S.A. - 13, rue du Commerce, B-1400 Nivelles. « FOTOCOM » is an online printing company that specialises in digital printing and in the creation of impressions on different formats.
1.2.All deliveries and services are governed by the following Terms and Conditions (T&C) in the current version up to the date of order. These general terms and conditions are the only ones applicable and replace all other conditions, except prior expressed ones and written exemptions.
1.3. The customer is a consumer or a professional.
The consumer is any person who acquires or uses products or services offered by FOTO.com for non-professional reasons.
A professional is any other person.
Only the consumer can rely on the legal protection granted by the Belgian legislation for consumers.
2. User Account
2.1. You can create a free personal user account with which you can easily manage all your projects and all data accompanying your orders from anywhere in the world. Registration is completely optional. You do not need to create a user account to order from FOTO.com.
2.2. To access your user account, you need your email address and your personal password that was assigned to you when you created your user account.
2.3.To use the user account, it is essential that the email address you provide to FOTO.com is correct. This is the only address FOTO.com will use to report any and all information regarding your account. You must therefore provide correct information and inform FOTO.com of any subsequent change of email address.
2.4.The user account is accessible and available 7 days a week and 24 hours a day. However, it is possible that for maintenance reasons, Website or network updates, or due to other events or disruptions beyond FOTO.com's control, access to the Site or to the user account may be disrupted . FOTO.com cannot be held responsible for any loss or damage arising from such interruptions.
2.5. As holder of the account, you are solely responsible to FOTO.com for all photographs or digital images stored in your user account and in general, any use made of your user account by you or any third party.
2.6. You are also responsible for maintaining the confidentiality of the password assigned to you. FOTO.com will incur no liability in the event that your password was used by someone other than yourself and cannot be held liable for any damages resulting from such unauthorised use by you or any third party. You are required to immediately inform FOTO.com of any unauthorised use of your password and to change your password as soon as you think it may no longer be confidential.
2.7.The Service is provided for an indefinite period. FOTO.com or yourself can terminate it by giving 15 days notice. This notice is granted by FOTO.com by email to the address you provided. You can send notice to FOTO.com via the "Contact Us" section of the website.
2.8. When the user account is terminated, FOTO.com deletes the user account and all photographs and projects that had been saved there.
2.9. Moreover, FOTO.com may, without prior recourse to a court jurisdiction or any form of compensation, immediately terminate the user account and/or block access to all or part of the user account or delete some or all of the digital photographs placed in the user account in the event these Terms and Conditions were violated.
3. Software use
3.1.Some software programmes ("Free Software") are available on the website for processing digital images or, for example, to create photo products . These software programmes are the property of FOTO.com.
3.2. They can only be used as part of private usage. Any other download, copy, permanent or temporary reproduction of the Software, in whole or in part, is prohibited. Also prohibited are the translation, adaptation, shaping or other transformation of the Software as well as any form of distribution or provision to the public, be it free or at a cost.
4. User conduct
4.1. You are held responsible for all the images you download or copy via the website www.foto.com. This implies, in accordance with the law on protection of personal data or with any other applicable law, that you agree not to download or view via the website any photographic image in violation of copyright laws or any other intellectual property right. In addition, you cannot use the site for an unlawful purpose. Thus, it is forbidden to upload, post, order prints, email, transmit or communicate any unlawful content, in particular any image or photograph of a minor involved in sexual acts, or violating the privacy or publicity rights of others.
4.2. You will be held responsible for any loss or damage arising from any breach of this clause and compensate FOTO.com for all costs incurred by it (including lawyer's fees) in the case of such a violation.
4.3. FOTO.com reserves the right to take, without notice, any useful measure in the event of a breach of this clause or serious indications of such a violation, and do so without you being able to claim any form of compensation. Foto.com may in this particular case block access, delete all images stored on their server, refuse to validate an order or terminate all or part of the services provided via FOTO.com's website. Finally, FOTO.com may disclose your personal information as well as copies of photographs or images uploaded by you to the judicial and administrative authorities to meet any liability that would be required under legal request.
5. License for the photographs posted online
Ordering a product or using the user account service does not confer any right on FOTO.com about the photographs stored on their server and it is only a license granted for the sole purpose of executing this service.
6. Placing an order
When you confirm your order, you give us a firm permission for concluding a contract. We accept this proposal by sending the order confirmation within 24 hours by email.
To order, the website will guide you step by step through the ordering process. During the ordering process, you can modify your order or correct your data at any time by simply going back to the previous steps.
Before finally confirming the order, a summary of all the details of the order will be displayed. Please check all details and make corrections if necessary.
You are required to provide accurate and precise information about the particular identity of the recipient of the order and delivery address as well as the email address where a confirmation email of the order can be sent.
Once the order process is completed, you can no longer waive it. No orders will bind FOTO.com before the latter has confirmed them by email or any other appropriate means of communication.
7. Retention of the order
7.1. Your order and the information related to this order will be kept. A summary of the order and its contents will be sent via email as order confirmation. You can also print the contents of the order and the T&C before placing the order. After receiving confirmation of the order, you can monitor your order online using our order tracking.
7.2. The photos you upload to the site for placing an order will be retained for 20 days. This enables you to resume during this period an interrupted ordering process, without having to upload your photos again.
7.3. After completing the order, the photos in question may be retained for a period of 45 days in the case of any issues with the production or delivery of your order. This period is extended accordingly when FOTO.com undertakes a new impression of your photos.
7.4. The retention of your files is restricted to the production of your order. FOTO.com will in no case retransfer files to customers (e.g. after the theft of your computer). It is your responsibility to keep copies of these photographs.
8.1. The prices for the production of your order are those displayed on the Site at the time of placing the order and are included in the summary of the order. They are listed in euros or in the customer's national currency and unless expressively stated otherwise, are inclusive of all taxes.
8.2. Shipping costs are displayed on the site beside the detailed descriptions of products as well as on the following page Products & Prices.
9.1. We ship to every country in the world. Deliveries for printed photographs are made by Bpost or by international postal services.
9.2. FOTO.com cannot be held responsible for delays or delivery problems due to Bpost or a third party.
9.3. The delivery times mentioned on the website serve purely as an indication and are a representation of average delays. These delays cannot, therefore, in any case, result in a form of compensation, refund or cancellation of an order.
9.4. What happens if the parcel containing your order is lost?
If your order does not arrive within one month from the date Foto.com first validates your order, you then have two weeks to inform FOTO.com. FOTO.com will then either reprint your photos at no extra cost, or refund the total cost of production. FOTO.com alone will make the choice between these two options.
9.5. What happens if the postal service fails to deliver the order to the recipient?
You are obliged to ensure proper reception of the order. This information includes the full and correct delivery address and the provision of a mailbox bearing the name of the recipient. For all returned parcels to FOTO.com due to the customer's fault (eg incorrect delivery address, addressee unknown, refused reception, not picking up the parcel at the post office within the time frame or other), you are unable to claim any compensation. Given the logistical cost of managing returns reshipment of returned orders will not be possible as this goes beyond what is reasonably required by FOTO.com,. However, each returned order will be destroyed immediately after reception to protect the privacy of our customers. For returned parcels to FOTO.com following a failure from the postal service, FOTO.com is committed to reproduce and reship the order at our own expense.
9.6. What happens if your order is damaged during transit?
If, despite the precautions taken by FOTO.com to prevent against any risk of damage during transportation, your order still reaches you in damaged state, simply contact our customer service after reception of your order via our contact form on the "HELP" page and send us a digital photo of the damaged product. FOTO.com will then reprint your damaged items and reship the order at no extra cost to you, the customer.
10. Retention of title
10.1. All orders delivered remain the property of FOTO.com until full payment is received by FOTO.com.
11. Payment and billing
11.1. FOTO.com site offers a wide variety of payment options. You can pay by credit card, Bancontact Mister Cash, online banking ING, KBC, Dexia and CBC, PayPal or Moneybookers. FOTO.com reserves the right to exclude some of these methods of payment during the transaction.
11.2. The payment takes place directly after the order confirmation. In case of a failure to make the payment in due time, FOTO.com has the right to call upon lawyers or firms specialised in debt collection. All resulting costs will be paid by the debtor.
11.3. Validating an order on the site or any other service provided by FOTO.com implies the customers' acceptance to use the electronic format for billing.
FOTO.com cannot, in any case, be held responsible for damages resulting from the use of the website or adjacent services such as the loss of profit or loss of data.
For any direct damage, FOTO.com's responsibility is limited to the amount paid by the user for the service that caused the damage.
13. Right of withdrawal
14. Customer Support
If you have questions or complaints, please contact our Customer Support via the contact form on our site.
15. Protection of your personal information
FOTO.com is committed to protecting your personal information. In general, all the data you provide will only be used in order for FOTO.com to respond to your request.
You can find further information on the following page Protection of your data on our website.
16. Governing Law and Jurisdiction
These conditions are subject to Belgian law. Any dispute concerning the application of these conditions or on the use of the website is subject to the exclusive jurisdiction of the courts of Brussels.
17. Legal Notices
17.1. Availability of the Website and Services: FOTO.com does it's best to ensure that the website and all the services offered are accessible and available 7 days a week, 24 hours a day. However, it is possible that for maintenance reasons, Website or network updates, or due to other events or disruptions beyond FOTO.com's control, access to the Site or to the user account may be disrupted . FOTO.com cannot be held responsible for any loss or damage arising from such interruptions.
17.2. Property Rights: Unless stated otherwise, all features (such as images, sounds, documents, logos, databases, etc..) on the website (the "Website Content") are protected by copyright or by other intellectual property rights belonging to FOTO.com or other third parties. These rights remain the property of FOTO.com or other third parties. The license you have to use the website is strictly limited to what is necessary to benefit from the Services. All trademarks, trade names, company names, domain names, logos, photographs, images or other distinctive signs used on the website to identify the website, FOTO.com or other third parties are the sole property of FOTO.com and / or third parties and you can not use them in any way.
17.3. Links to other Internet sites: FOTO.com can insert links to other Internet sites on the pages of the website . It is, however, not responsible for the content of the sites, the advertising, products, services or other materials on or available from external sources or for damages or losses, true or alleged, that could result from the use or be connected with the use of such sites or external resources.
18.1. the contract language is in French.
18.2. If one or more of the T&C provisions were to become totally or partially invalidated, this does not affect the validity of the other T&C. Instead of an invalid provision, as agreed, another legislation is applied which is as close as possible to the economic purpose of the invalid provision from a legal perspective.
Date : October / 2010