General sales conditions

Last update: 18 June 2020

PURPOSE

The purpose of the general sales conditions is to inform any potential customer of the conditions and modalities under which smartphoto™ carries out the sale and delivery of ordered products and to define the rights and obligations of each party. Any order at smartphoto™ requires adherence to these general sales conditions. The customer confirms the adherence by clicking the box “I accept the conditions” during the order process. Smartphoto™ reserves the right to modify the general sales conditions at any time.

IDENTITY OF smartphoto™

smartphoto Nordic AB
Kalendegatan 10 F
211 35 Malmö
SWEDEN
VAT: IE3688795OH
The website can be accessed by the following URL: https://www.smartphoto.ie

ACCESS TO THE WEBSITE

The customer shall enable access to the website of smartphoto™. The customer is responsible for his or her system (this includes the hardware, software and telecommunication). We advise you to install antivirus software on your computer and to update it regularly. Smartphoto™ may invite you to install software (mainly editing software required during the creation of the products). The customer is responsible for the costs of internet access.

PRIVACY POLICY

For information about how we handle and protect your personal data, please see our General Privacy Policy.

USE OF COOKIES

For more information regarding the use of cookies, please also see our General Privacy Policy.

PRODUCT CHARACTERISTICS

The essential characteristics of the products are described on the product pages. This information can be accessed via the home page. The customer can consult the information about the essential characteristics before ordering. The photographs and images of the products offered for sale are provided only as examples and do not engage smartphoto™ in any way.

PRICES

The sales prices of the products are indicated in UK pound sterling and include VAT. Sales prices do not include shipping costs because shipping costs may vary depending the seize and weight of products. Shipping costs are additional charges and are indicated separately before validation of the order by the customer. All prices are VAT included. Any change in VAT rate will automatically be applied on the sales price indicated on the website. Shipping costs are additional charges and are indicated separately before validation of the order by the customer. Any change in VAT rate will automatically be applied on the sales price indicated on the website.

ORDER AND SELECTION OF PRODUCTS

There is no registration fee required to open an account or to order with smartphoto™. You must be at least 18 years of age to use our service. Are you younger than 18 years old, then one of your parents or your guardian must conclude this agreement. By checking that you agree with our Terms and Conditions, you declare that you meet the above age requirements. To become a member with us, you must enter a valid, active email address on which we can reach you regarding the operation of our service.

Each order is subject to the present general sales conditions without limitation or qualification. Orders are made exclusively through the smartphoto™ internet site and are systematically confirmed by smartphoto™ via electronic mail. Orders are only validated after you received an order confirmation from smartphoto™ and under the condition that the payment was received on the bank account of smartphoto™. Smartphoto™ recommends that its customers save the order confirmation on paper or electronic document.

Upon submission of the order, it is considered that the customer has knowingly and without exception accepted the present general sales conditions, the prices and the amounts of the products ordered. The customer, having taken note of the products and their characteristics, assumes full responsibility for the choice of the product(s) ordered according to his or her wishes as previously determined in the order because only the customer knows the desired use of the products and the compatibility of these products with those already used. These choices concern in particular the selected print formats and the cropping and/or white margin options offered at the website.

It is the customer's responsibility, if he or she does not feel sufficiently informed about the subject, to seek guidance in the FAQ and customer service at smartphoto™ or from other sources.

DISCOUNT CODES

The smartphoto™ discount codes can be used for purchases through smartphoto.ie. Discount codes cannot be combined. Smartphoto™ does not take any responsibility, after a purchase has been completed, for discount codes that have been wrongly used.

PAYMENT

The order must be paid in full upon confirmation of the order. All orders are payable in Euro. The customer can pay by credit or debit card and by PayPal.

Payment by bank card

Bank card payments are processed via Adyen. The transmission of bank information from the servers of Adyen to the bank's server is executed via SSL encryption. The data provided (card number and expiration date) are thus encrypted. For security reasons, smartphoto™ doesn’t collect or store any card information on its servers and the information sent to Adyen is destroyed as soon as the order processing has been completed. Therefore it will be necessary to re-enter card information for each new order.
Smartphoto™ accepts PayPal, international Mastercard and international Visa cards. We’ll consider the order to be effective when the bank card processing company confirmed the payment. In the event of denial by the processing company the order will be cancelled.

The customer assures smartphoto™ that he or she has the authorisation for using the chosen payment method, when submitting the purchase order. Smartphoto™ reserves the right to suspend or cancel any order and/or delivery, of any type and at any status of execution, in the event of failure to pay any amount due by the customer, or in the event of a payment problem. The delivery of any new order may be suspended in the event of a late payment for a previous order, notwithstanding the present provisions.

DELIVERY

The delivery date and address are indicated in the confirmation e-mail. Smartphoto™ ships to the address provided by the customer. Any return due to errors in the address will be at the customer's expense.
The postal carrier delivers the package to the delivery address that the customer provided. If no one is present to receive the order, the customer or recipient of the ordered product will receive a notice from the post allowing him to receive the ordered products at the nearest post office within a period of two weeks.

The delivery date is for information purposes only. Any delay shall not lead to cancellation or compensation.

If the goods would not be delivered within 30 days after the confirmation by smartphoto™, the customer may cancel the order by contacting the customer service. In this case smartphoto™ will refund the customer without further compensation.

RECEIPT

The customer must verify, upon receipt and in the presence of the postman, the condition of the packaging and the product. When the goods or the packaging are damaged, you need to refuse the delivery immediately and return it to the post.
All other complaints need to be made within 5 days via e-mail to the customer service at contact@smartphoto.ie. You need to describe the complaint and mention the order number.
If the products are not delivered within 10 days after the delivery date mentioned in the confirmation e-mail, please contact us via e-mail.

RETRACTION CLAUSE

We sell personalised products. Your images or personal text are permanently printed on the products you order. Hence; you’re not allowed to return the products to smartphoto™ because smartphoto™ can’t use the products again. That’s why there’s no retraction clause.

RETURN OF NON-COMPLIANT PRODUCTS

Smartphoto™ allows to return non-compliant products in the following two circumstances:

If the products received do not match the products you’ve ordered on the website. The order confirmation e-mail contains all the information regarding the products (selected photographs, formats and options) and enables both parties to identify errors by smartphoto™.
If the delivered products have defects associated with the product itself or an incident that occurred during the printing process.

In these two specific cases, complaints must be addressed to smartphoto™ by e-mail (to the contact provided in the order confirmation e-mail) within a period of 5 days starting on the date of receipt of the goods and must include (i) customer name and address, (ii) the order number, (iii) the invoice number and (iv) the reason for the complaint.

Smartphoto™ will inform the customer if the complaint is valid. We may request you to return the goods for inspection. Smartphoto™ can remediate for non-compliant products by shipping the order again or by refunding the customer. In any case, there’s no further compensation.
No returns shall be accepted for problems considered to be subjective (print preferences, sharpness of the image, etc.), problems related to a mistake in the choice of the product and/or its options by the customer in the order, problems related to the photo itself (flaw in the photograph, technical or adjustment problem with the camera, ...), shipping issues or product liability during restoration and/or cleaning of the products.

smartpromise

We guarantee that you will be satisfied with your products* . Should you be unsatisfied, you can make a new equivalent product at no charge, this is smartphoto's unique guarantee. The smartpromise applies to: photo books, canvas, prints, calendars, greeting cards and photo gifts.

*Smartpromise exceptions:

Smartpromise does not apply to pictures, enlargements or posters. If you order products with images that have too low resolution, the smartpromise does not apply. A warning triangle will always be shown at your image if the resolution of your image is too low. When you use our smartpromise, you cannot order any other product in our range other than the product that was the subject of the complaint. You can only use the smartpromise once for each product. You cannot hand over the warranty to another smartphoto account or customer. The product for which you want to use our smartpromise should always be returned to the customer service. You will pay the postage cost for the return. Please always contact our customer service before returning a product.
We expressly reserve the right to change the contents and conditions of the smartpromise at any time and without notice to the customer.

RESPONSIBILITIES

The products offered by smartphoto™ comply with the European legislation. Smartphoto™ cannot be responsible for any direct or indirect losses that may occur as a result of product orders. Smartphoto™ invites you to read the general sales conditions regularly. The customer is responsible for obtaining the intellectual property rights for the uploaded material. Orders that don’t comply with the European laws in force (and more specifically the legal provisions on pornography, violence and pedophilia) will be handed over to the authorities.
Smartphoto™ is not liable or responsible for the contents of a shipment. Smartphoto™ is neither obliged nor able to review all shipments or to check their contents. If smartphoto™ does become aware of a shipment which concerns an illegal activity or contains illegal information, smartphoto™ will immediately prevent access to this information and report the violation to the Public Prosecutor and the competent authorities. Smartphoto™ reserves the right to communicate any information regarding your account and your images to the competent authorities, if these authorities make a justified request to that effect to smartphoto™. In that case, smartphoto™ is not obliged to inform you of this. The customer will hold harmless and indemnify smartphoto™ against any complaints and/or claims of any person regarding the products ordered.

PARTIAL INVALIDITY

If one or more stipulations of the present general sales conditions are considered to be invalid or declared as such under a law, regulation or following a final decision of a competent court, the force and scope of the other stipulations shall be maintained.

INFORMATION TECHNOLOGY AND FREEDOM

The information collected by smartphoto™ in any customer order is necessary for the creation of the order by smartphoto™ and its commercial partners. Members and customers have a right of access, correction and deletion of data concerning themselves. This right can be exercised at any time by writing to smartphoto™ at the e-mail address contact@smartphoto.ie or by sending a letter to smartphoto™.

CUSTOMER SERVICE AND ORDER FOLLOW-UP

Before, during and after each order, the customer has various options for contacting the customer service of smartphoto™ (e-mail and postal mail). All of the contact information of smartphoto™ is available at the home page of the website.
You are advised to keep back-ups of all material provided to us. In particular, it is up to you to keep back-up copies of images you upload. We will not be responsible for keeping back-ups or for the loss of, deletion or corruption of any images or any other material uploaded onto our websites.