1. Preamble and key definitions

These General Terms and Conditions of Sale (“Terms of Sale”) govern together with the Website Terms of Use (available via the fixed link in the website footer) and the Privacy Policy (available via the fixed link in the website footer) the purchase, via the website www.sacwebphoto.it (the “Website”), with home delivery by courier/postal service and in compliance with Italian distance-contract rules, of high-resolution prints of film posters, bustafoto subjects and playbills, in predefined formats, media and finishes (the “Print(s)”). Only after the Vendor accepts the order will the Prints be produced from digital images lawfully held by the Vendor (as identified below) and digitally/electronically restored to return them, as far as possible, to their original condition and to remove any overlaps, inconsistencies or discoloration caused by imperfections in the original print.

The SacWebphoto Catalog (“Catalog”) comprises the digitized images of posters, bustafoto subjects and film playbills curated by SacWebphoto, catalogued and displayed on the Website (specifically, within the Catalog) in reduced format and resolution and suitably watermarked to protect the intellectual property rights of their owners.

The Customer (“Customer”) is the private individual (or, within the narrow limits set out in the first paragraph of Section 3 below, a professional) who, having accessed the Website as a visitor, decides to place and then places a purchase order by providing the Vendor during the checkout stage as presented automatically by the Website after clicking the “CHECKOUT” button with personal data (name, surname, shipping address, email address and telephone number), thereby unconditionally accepting the stated data-processing methods after carefully reviewing (and, if desired, printing): (i) the Privacy Policy, (ii) the Website Terms of Use, and (iii) these Terms of Sale.

The Purchase Contract (“Purchase Contract”) is the contract between the Customer and the Vendor that is deemed concluded upon the Vendor’s acceptance of the order, as further described in Section 5 below.

The Product Pages (“Product Pages”) are the information pages on the Website for images included in the Catalog, showing characteristics, technical descriptions and prices.

The Vendor (“Vendor”) is SacWebphoto S.r.l. (“SacWebphoto”), with:

• Operational HQ: Via degli Olmetti, 40 – 00060 Formello (RM)
• Registered Office: Via Duilio 13 – 00192 Rome (RM)
• VAT Number: 00891181000
• Tax Code: 00433870581
• REA Number: RM – 224167
• Chamber of Commerce: Rome
• Registration Date: 19/02/1996
• Section: Ordinary
• Certified Email (PEC): sac@pec.it
• Email: info@sacwebphoto.it (quotes & information)
• servizio.clienti@sacwebphoto.it (custom print orders & usage-rights requests)
• Telephone: (+39) 06 99.704.990
• WhatsApp: (+39) 351 71.81.443 (contact requests only)

The Customer must read these Terms of Sale carefully made available by SacWebphoto also to allow reproduction and storage pursuant to Art. 12(3) of Italian Legislative Decree No. 70/2003.

SacWebphoto may amend these Terms of Sale at any time without notice. Any amendments take effect from the publication date stated in the header of the Terms of Sale on the Website.

2. Subject matter

These Terms of Sale govern distance sales exclusively via the Website Cart of Prints, in the formats, media/finishes and at the prices offered by the Vendor and shown in the Catalog.

The posters, bustafoto subjects and film playbills in the Catalog, and the images depicted, are protected by copyright. Prints produced at the Customer’s request are supplied solely for private decorative use.

SacWebphoto grants no rights for commercial, promotional or advertising uses unless expressly agreed in writing with the Customer.

3. Special cases

It is the Customer’s responsibility to obtain, where desired, specific authorizations for non-private uses of the images and/or Prints (e.g., to promote a film, for set design, etc.). Any grant of usage rights for purposes other than strictly private (i.e., directly or indirectly connected with the Customer’s commercial, business or professional activity) can occur only following an written request sent by email to info@sacwebphoto.it and, even then, the transaction is finalized only after: (i) the Customer accepts a specific cost estimate; (ii) the Customer pays the quoted fee using the methods indicated; and (iii) SacWebphoto subsequently issues written acceptance of the order.

Likewise, the sale of Prints in formats and/or on media and/or with finishes other than those offered in the Catalog, and/or otherwise customized, may require a dedicated digital restoration and post-production process on the paper originals of posters/bustafoto/playbills available to SacWebphoto. This process will be carried out after receiving an order via email at info@sacwebphoto.it and, in such cases, the transaction is finalized only after: (i) acceptance by the Customer of a specific cost estimate; (ii) payment by the Customer of the quoted fee using the methods indicated; and (iii) any subsequent written acceptance of the order by SacWebphoto.

Further information on lawful use of images and/or Prints and/or on rights-management costs can be requested at: info@sacwebphoto.it

4. Acceptance of the Terms of Sale

Submitting an online order or requesting a quote by email in the situations described in Section 3. constitutes full acceptance of these Terms of Sale.

The Customer must read, understand and, if desired, print these Terms of Sale before placing a purchase order.

5. Purchase process and method – Purchase Contract

The Customer may purchase Prints of images in the Catalog as detailed features, technical descriptions and prices on the relevant Product Pages.

Publication of Product Pages on the Website constitutes an invitation to treat addressed to the Customer.

The Customer’s online order constitutes a contract offer.

The Purchase Contract is deemed concluded upon the Vendor’s acceptance of the order. The Vendor will notify its acceptance by email to the address provided during checkout (after clicking the “CHECKOUT” button).

Acceptance is deemed tacitly granted if not otherwise communicated within 96 hours of order submission.

The Vendor nevertheless reserves, at its sole discretion, the right not to process any order. In such an event, the Vendor will inform the Customer by email (to the address provided at checkout) that the online order was not accepted and/or has been cancelled; in that case SacWebphoto will refund any sums already paid by crediting the card used for payment.

In any case, shipment to the Customer will take place only after actual receipt of the amount due.

The Customer may purchase subject to availability (as shown on the Website) at the time of order submission, following the procedure whose first step is adding the selected image(s) to the Cart.

After adding the selected image(s) to the Cart and/or accessing it, the system will clearly show, separately for each image: the Print price, VAT where applicable, shipping costs, and the total order amount. This screen contains the “CHECKOUT” button which, when clicked, automatically opens the order summary page.At this stage the visitor must fill in the required fields with personal data necessary to proceed (name, surname, shipping address, email address and telephone number). Data must be truthful.

Required fields are clearly indicated. Data can be reviewed and, if necessary, corrected before proceeding.

On the Cart screen there is a “PROCEED TO PAYMENT” button; when clicked, the system automatically opens the secure payment form. The Customer must enter their credit-card details for online payment on the protected site of the financial operator handling the transaction. Credit-card data are processed directly by that operator; no sensitive card data are read and/or stored by the Vendor.

6. Prices, payments and invoicing

All prices on the Website refer to Prints (in the formats, media and/or finishes indicated) and are expressed in Euro (€) and currently shown VAT-inclusive. Prices may change at any time without notice; however, for orders pending acceptance or already accepted by the Vendor, the price applicable is the one in force at the time the Customer submits the order.

Shipping costs varying by delivery method, destination and total order amount are added to the total price and are clearly indicated to the Customer on the Website before the Purchase Contract is concluded.

Payment may be made using the methods available on the Website and currently only by credit card (Visa, Mastercard, Amex, etc.). The acquiring bank will immediately verify card validity and charge the total amount due for each Purchase Contract. Credit-card information is transmitted via secure connection directly to the bank’s website.

The invoice, where mandatory or expressly requested by the Customer, will be issued in digital format provided the Customer has correctly, completely and unambiguously supplied the billing details via the Website.

7. Shipping and delivery

Prints will be shipped to the address indicated by the Customer via a courier/postal delivery service chosen by the Vendor, unless expressly agreed otherwise.

Unless otherwise expressly stated on the Website for specific products or time periods, delivery costs within Italy and/or abroad are borne by the Customer and will be clearly shown during the ordering procedure.

Production and delivery times are indicative and may vary according to the type of print and workload.

Any delays do not entitle the Customer to damages or termination of the Purchase Contract, except in cases of willful misconduct or gross negligence by the Vendor.

8. Right of withdrawal – Exclusions and exceptions under Art. 59(c) of Legislative Decree 206/2005

Under Art. 52 of the Italian Consumer Code (Legislative Decree 6 September 2005, No. 206—applicable to distance contracts), a consumer—i.e., a natural person purchasing for private use and not for purposes related to professional, commercial or business activity—has the right to withdraw from a distance contract or one concluded off-premises without providing reasons and without costs other than those set out in Art. 56(2) and Art. 57, as specified in the Consumer Code, subject to the exceptions in Art. 59(c) of Legislative Decree 206/2005.

Accordingly, the right of withdrawal cannot be exercised by persons acting for business or professional purposes and, under Art. 59 of the Consumer Code, is also excluded for natural persons where, inter alia, the contract concerns:

services after their full performance, if execution began with the consumer’s express agreement and acknowledgment of losing the right of withdrawal upon full performance;

supply of goods made to measure or clearly customized (e.g., printed and/or shaped items).

9. Defects and non-conformity

Upon delivery of the goods (the Prints) by the courier/postal service, the Customer must check that:

the number of packages delivered matches the transport document; the packaging is intact, undamaged, not wet or otherwise altered, including the sealing materials.

Any damage or discrepancies must be immediately reported to the courier/deliverer.

Once the courier’s document has been signed, the Customer may no longer raise objections regarding the external condition of the delivered goods.

In the event of a defective Print or damage during transport, the Customer must notify the Vendor within 7 days of delivery, sending a photo of the defect or damage.

After verifying the issue, the Vendor may, at its discretion, send a replacement Print or refund the price paid.

10. Liability limitations

SacWebphoto is not responsible for color differences between the on-screen image and the final print, as these depend on the Customer’s display settings and the characteristics of the print medium.

The Customer accepts that such differences do not constitute a lack of conformity.

SacWebphoto assumes no liability for uses of the Prints and/or related images not expressly authorized, nor for any infringement of copyright or related rights arising from the use of printed images or from usage licenses obtained from SacWebphoto

SacWebphoto shall in no case be liable for direct or indirect damages resulting from the use of the Prints and/or related images for purposes other than those expressly authorized. The Customer expressly undertakes to hold SacWebphoto harmless from any claim, complaint or damage arising from improper use of the Prints and/or related images, including damages resulting from infringements of intellectual-property rights.

The Customer has no right to damages or indemnity, and no contractual or extra-contractual liability shall attach to SacWebphoto for direct or indirect damage to persons and/or property caused by the non-acceptance, even partial, of an order.

11. Personal data processing

Customer personal data are processed in compliance with EU Regulation 2016/679 (GDPR). During checkout, the Customer may also optionally and separately from the purchase consent to receiving SacWebphoto’s informational and promotional newsletter.

Newsletter subscription entails processing the Customer’s email address for the periodic sending of informational and commercial communications, in compliance with the GDPR.

The Customer may revoke consent at any time using the unsubscribe link in each email or by writing to info@sacwebphoto.it.

By accepting these Terms of Sale, the Customer confirms consent to data processing as described in the Privacy Policy.

12. Copyright

The Website www.sacwebphoto.it is owned by SacWebphoto S.r.l.

All trademarks, logos and other distinctive signs shown on the Website are the property of SacWebphoto S.r.l. and/or their respective owners.

13. Partial invalidity

If any provision of these Terms of Sale is or becomes null or ineffective under applicable law, such nullity or ineffectiveness shall not affect the remaining provisions, which shall remain valid and effective.

14. Governing law and jurisdiction

The Purchase Contract is governed by Italian law.

For disputes with a Consumer, the competent court is that provided by law.

For disputes with professionals or companies, the courts of Rome shall have exclusive jurisdiction.

For alternative dispute resolution, the following mediation body is designated:

A.D.R. Intesa s.r.l.

http://www.adrintesa.it

info@adrintesa.it

Tel. +39 06 87463699

Via Fregene, 9 – 00183 Rome