Terms and Conditions

This website is operated by Tinbox. The terms “we”, “us”, “our” and “us” throughout the site refer to Tinbox. Tinbox offers this website and all information, tools and services available here to you conditioned upon your acceptance of all terms, conditions, notices and disclosures stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), which include those additional terms, conditions and notices referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation visitors, vendors, customers, merchants, and/ or contributors of comments and other content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all of the terms and conditions of this agreement, you may not access the website or use its services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms.

BY USING THE WEBSITE OR APP AND THE SERVICES OFFERED ON THE WEBSITE AND APP, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS AND THE Tinbox PRIVACY POLICY WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES OFFERED ON THE WEBSITE

Any new features and tools which are added to the current store shall also be subject to the Terms and Conditions of Service. You can review the most current version of the Terms and Conditions of Service at any time on this page. We reserve the right to update, change or replace any part of the Terms and Conditions of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. You represent and warrant that you are authorized to enter into this Agreement on behalf of yourself and/or the entity you claim to represent.

Description of services offered

Tinbox provides customers with access to e-commerce services (the “Service”).

Unless otherwise expressly provided, the introduction of any modification to the Service that makes it usable differently from the current form, as well as the launch of new services, will be subject to, and therefore will be regulated by, the GENERAL CONDITIONS.

The Customer acknowledges and agrees that the Service is provided as it is available at that time and that therefore tinbox does not assume any responsibility regarding its use and availability.

SECTION 1 - ONLINE STORE TERMS AND CONDITIONS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have authorized us to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You may not distribute any worms, viruses or any other type of malicious code. A violation of any provision of the Terms will result in an immediate termination of your right to use the Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to deny service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, or use of the Service, access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We will not be responsible if information made available on this site is not accurate, complete or current. The materials on this site are for general information only and should not be relied upon or used as the sole basis for making decisions without consulting more authoritative, accurate, complete or timely sources of information. Any reliance on information on this site is at your sole risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities, and are subject to return or exchange only according to our Return and Refund Policy.

We have made every effort to display accurate colors and images of the products at the store. However, we cannot guarantee that the colors that appear on your computer screen will be accurate. We reserve the right (but are not obligated to) to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. Product descriptions and pricing may change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. The sale of any product or service through this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you receive. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may affect orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you via the e-mail, billing address, or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by wholesalers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other details, such as your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more information, see our Refund and Return Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor ownership.

You acknowledge and agree that we provide access to such tools ”as is” and ”as available” without any warranties, representations, conditions or endorsements. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You are responsible for ensuring that you are familiar with and approve of the terms to which third-party tools are subject. We may also, in the future, offer new services and/or features through the website (e.g., the introduction of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to external websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such websites. And we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made through third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns and questions regarding third-party products should be directed to the applicable third-party.

SECTION 9 - COMMENTS, FEEDBACK AND OTHER SUBMITTED MATERIALS

If you send us, online, by email, by postal mail, or otherwise, certain materials (collectively, "comments") — for example, at our request, contest entries, or without a request from us, creative ideas, suggestions, proposals, plans, or other materials — you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may (but have no obligation to) monitor, edit and remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service. You agree to refrain from making comments that infringe the rights of any third party, including copyright, trademark, privacy, personality or other property rights. You further agree that you will not submit comments that contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you submit and their accuracy. We make no representations or warranties and shall have no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Click here to view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times or availability. We reserve the right to correct any errors, inaccuracies or omissions by changing and updating information or canceling orders if any information in the Service or on a related website is inaccurate at any time (including after you have submitted your order) without prior notice.

We undertake no obligation to update, correct or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No update date specified in the Service or on any related website should be construed to guarantee that all information in the Service or on any related website is correct and up to date.

SEZIONE 12 - USI PROIBITI

Oltre agli altri divieti stabiliti nei Termini e condizioni del servizio, è vietato utilizzare il sito o il suo contenuto: (a) per scopi illegali; (b) per indurre altri a compiere o partecipare ad atti illeciti; (c) per violare leggi e regolamenti internazionali, federali, provinciali o statali, o ordinanze locali; (d) per ledere o violare i diritti di proprietà intellettuale nostri o di terzi; (e) per molestare, abusare, insultare, danneggiare, diffamare, calunniare, denigrare, intimidire o discriminare qualcuno in base a sesso, orientamento sessuale, religione, etnia, età, paese di origine o disabilità; (f) per fornire informazioni false o fuorvianti; (g) per caricare o trasmettere virus o qualsiasi altro tipo di codice dannoso idoneo a influire sulla funzionalità o sul funzionamento del Servizio, di qualsiasi sito web correlato, di altri siti web o di internet; (h) per raccogliere o monitorare le informazioni personali di altri utenti; (i) per spam, phishing, pharming, pretexting, uso di spider, crawling o scraping; (j) per qualsiasi scopo osceno o immorale; oppure (k) per intralciare o aggirare le funzionalità di sicurezza del Servizio o di qualsiasi sito web correlato, di altri siti web o di internet. Ci riserviamo il diritto di interrompere il tuo utilizzo del Servizio o di qualsiasi sito web correlato se violi una qualsiasi delle disposizioni sugli usi proibiti.

SEZIONE 13 - ESCLUSIONE DI GARANZIE; LIMITAZIONE DI RESPONSABILITÀ

Non garantiamo, affermiamo o dichiariamo che l'utilizzo del nostro servizio sarà ininterrotto, tempestivo, sicuro né privo di errori. Non garantiamo che i risultati raggiungibili con l'uso del servizio siano accurati o affidabili. Prendi atto che potremo occasionalmente sospendere il servizio per periodi di tempo indeterminati, o cancellare il servizio in qualsiasi momento senza inviarti alcun preavviso. Accetti espressamente che siano a tuo esclusivo rischio l'utilizzo e l'impossibilità di utilizzare il servizio. Il servizio e tutti i prodotti e servizi forniti tramite il servizio vengono (salvo quanto da noi espressamente dichiarato) offerti ”così come sono” e ”come disponibili” per l'uso da parte dell'utente, senza dichiarazioni, garanzie o condizioni di alcun tipo, espresse o implicite, tra cui garanzie implicite o condizioni di commerciabilità, qualità commerciabile, idoneità per uno scopo specifico, durata, titolarità e assenza di violazioni.

In nessun caso Tinbox e i suoi amministratori, dirigenti, dipendenti, affiliati, agenti, appaltatori, stagisti, fornitori, fornitori di servizi o concessori di licenza saranno responsabili per qualsiasi pregiudizio, perdita, reclamo o per un danno diretto, indiretto, incidentale, punitivo, speciale o consequenziale di qualsiasi tipo — inclusi senza limitazione profitti persi, mancati guadagni, risparmi persi, perdita di dati, costi di sostituzione o altri danni simili, in virtù di contratto, illecito civile (anche dovuto a negligenza), responsabilità oggettiva o altro — derivante dall'utilizzo di uno qualsiasi dei servizi o prodotti ottenuti utilizzando il servizio, né per qualsiasi altro reclamo relativo comunque all'utilizzo del servizio o prodotto, compresi, a titolo esemplificativo ma non esaustivo, eventuali errori o omissioni nei contenuti, perdite e danni di qualsiasi genere legati all'uso del servizio o di qualsiasi contenuto (o prodotto) pubblicato, trasmesso o reso altrimenti disponibile attraverso il servizio, anche se informati di tale eventualità. Poiché alcuni stati o giurisdizioni non consentono l'esclusione o la limitazione di responsabilità per danni conseguenti o incidentali, in tali stati o giurisdizioni la nostra responsabilità sarà limitata fino al limite massimo consentito dalla legge.

SEZIONE 14 - INDENNIZZO

Accetti di risarcire, difendere e tenere indenne Tinbox e le sue imprese controllanti, controllate e affiliate, nonché i suoi partner, dirigenti, amministratori, agenti, appaltatori, concessori di licenza, fornitori di servizi, subappaltatori, fornitori, stagisti e dipendenti da qualsiasi rivendicazione o richiesta, incluse le spese legali in misura ragionevole, avanzata da qualsiasi soggetto terzo e dovuta o derivante dalla tua violazione dei presenti Termini e condizioni del servizio o dei documenti in essi incorporati mediante riferimento, o dalla tua violazione di qualsiasi legge o diritto di terze parti.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is held to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, without affecting the validity and enforceability of any remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement. These Terms of Service will be effective unless terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or by ceasing to use our site. Additionally, if in our sole judgment you violate, or we suspect that you have violated, any provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and we may deny you access to the Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms and Conditions of Service shall not be construed against the writing party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Via Libero Grassi 37 23854 Olginate LECCO.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to the website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - RIGHTS, WARRANTIES AND LIABILITY

The Customer acknowledges that the Service and all necessary software used in connection with the Service (“Software”) are protected by intellectual and/or industrial property laws. The Customer also acknowledges and agrees that the Contents reported in the advertisements or the information presented to the Customer by the service or by the advertisers are protected by copyright, trademark, patent or other intellectual and/or industrial property rights. The Customer undertakes not to modify or dispose in any way (whether free of charge or for a fee) and not to distribute, disseminate or create works based, in whole or in part, on the Service or the Software. For the sole purpose of using the Service, tinbox grants the Customer a personal, non-transferable and non-exclusive license to use the Software on a single computer, provided in any case that the Customer may not (nor allow third parties to do so) copy, modify, create derivative works from or in any way attempt to discover any source code, sell, assign, sublicense, grant or transfer to third parties any rights to the Software. The Customer undertakes not to access the Service through an interface other than the one provided by tinbox. The Customer undertakes not to reproduce, duplicate, copy, sell, resell and in any case not to exploit for commercial purposes the Service or any part thereof, as well as the use or access to the Service.

NO WARRANTIES BY TINBOX

The Customer expressly acknowledges and declares that: a. Use of the Service occurs at its sole and exclusive discretion. The Service is provided as available at that time and therefore tinbox assumes no responsibility for its use and availability, punctuality, cancellation, or non-delivery. any warranty of any kind on the part of tinbox, explicit and/or implicit, is expressly excluded, including, by way of example, any warranty of merchantability, suitability for particular purposes or in terms of quality of the service. b. Tinbox does not guarantee (I) that the Service will meet the Customer's needs, (II) that the Service will be provided without interruptions, punctually, securely or free from errors, (III) the Customer's expectation that the results obtained from the use of the Service are true and reliable (IV) that the quality of the products, services, information or other materials purchased or obtained through the Service can satisfy the Customer's needs, nor that (V) any errors in the Software will be corrected. c. Any Content downloaded or otherwise obtained from or through the Service is obtained at the sole discretion and risk of the Customer and the User is solely and exclusively responsible for any damage to his/her computer system or loss of data that results from downloading such materials or using the Service. d. No advice, counsel, consultation or information, whether oral or written, given to the Customer by tinbox or obtained from or through the Service, shall create any warranty not expressly stated in these GENERAL CONDITIONS.

LIMITATIONS OF TINBOX'S LIABILITY

The Customer acknowledges and agrees that tinbox shall not be liable in any event for any damages of any kind and nature, including loss of profits, goodwill or data (even if tinbox has been advised of the possibility of such damages for Users), resulting from:

1. use or incorrect use of the Service;

2. the cost of procurement of substitute goods and/or services with respect to the goods and/or services purchased or obtained through the Service;

3. unauthorized access to or alteration of the Customer's transmissions or data;

4. statements or conduct of any third party.

Nothing in this agreement shall have the effect of limiting or excluding tinbox's liability in the event of damages resulting from fraud or gross negligence.

SECTION 21 - OWNERSHIP OF PHOTO PRODUCTS

You represent and warrant that: (i) you own or otherwise have the right to grant the licenses set forth in this section for the photo album and photo book content that you provide and post on the Services, contribute to other Members, or provide to our printing services to print in a photo album and photo book, and (ii) your photo album and photo book content does not violate the privacy rights, publicity rights, copyrights or other rights of any person or entity.

SECTION 22 - PROHIBITED CONTENT

YOU MAY NOT INCLUDE "PUBLISHED BY Tinbox," "Tinbox PUBLISHING," OR ANY OTHER REFERENCE THAT DIRECTLY OR INDIRECTLY SUGGESTS OR IMPLIES THAT Tinbox IS THE PUBLISHER OF THE PHOTO BOOKS AND PHOTO BOOKS YOU CREATE USING THE SERVICES. You agree not to publish, submit for printing, or otherwise provide to the Services any Prohibited Content. "Prohibited Content" includes Photo Book Content or Other Content that: (i) is offensive or promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (ii) bullies, harasses, or advocates the stalking, bullying, or harassment of another person; (iii) involves the transmission of "junk mail," "chain letters," junk mail, or "spamming"; (iv) is false or misleading, or promotes, endorses, or encourages illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous; (v) promotes, reproduces, performs, or distributes an illegal or unauthorized copy of another person's work protected by copyright or trade secret laws, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files; (vi) engages in the exploitation of people under the age of 13 in a sexual or violent manner, or solicits personal information from anyone under the age of 13; (vii) provides instructional information about illegal activities such as making or purchasing illegal weapons, violating someone's privacy, or providing or creating computer viruses and other malicious code; (viii) solicits passwords or personally identifiable information for commercial or illegal purposes from other Users; (ix) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; (x) violates any applicable law, including, but not limited to, laws and regulations governing export control, unfair competition, anti-discrimination, and false advertising; (xi) involves commercial activities that are harmful to Tinbox's interests; or (xii) otherwise violates this Agreement or creates liability for Tinbox. Tinbox RESERVES THE RIGHT TO REFUSE TO PRINT ANY PHOTO BOOK AND PHOTO ALBUM THAT CONTAINS CONTENT THAT IT DETERMINES IN ITS SOLE DISCRETION TO CONTAIN PROHIBITED CONTENT, and you agree to indemnify and hold harmless Tinbox and its subsidiaries, affiliates, officers, employees, suppliers, service providers and partner companies from any and all claims, losses, liabilities and expenses arising out of or relating to any violation of this section.

SECTION 23 - LIMITED WARRANTY

Tinbox warrants that, subject to minor differences between products and printing partners as described in the Tinbox Return Policy, the photo albums and photo books will be free from defects in materials and workmanship. Tinbox, at its sole expense and obligation and your exclusive remedy, will replace all defective photo albums and photo books that you report to Tinbox Order Support within fourteen (14) days of receipt.

SECTION 24 - COMMUNICATIONS

Any communication between the parties must be in writing and in the Italian language only, and may be made either by email or by ordinary mail. Tinbox may make communications regarding changes to these GENERAL CONDITIONS or other matters through general notices to users in the dedicated sections. These GENERAL CONDITIONS and the relationship between TinBox and the User are governed by the law of the Italian Republic.

For any dispute inherent, deriving from or in any way connected to these GENERAL CONDITIONS or to the use of the Service, the Court of Lecco will have exclusive jurisdiction.

These GENERAL CONDITIONS constitute the sole and exclusive agreement between the User and tinbox and regulate the use of the Service, superseding any previous agreement between the User and tinbox. Furthermore, the User must comply with any GENERAL CONDITIONS relating to the use of complementary services or services connected to third-party content or relating to the rules of use of third-party software.

Tinbox is a Siriograf s.r.l. service. Registered Office: Via Libero Grassi n.37 - 23854 Olginate (Lecco) VAT Number, Tax Code and Registration Reg. Imprese di Lecco 03806160135

SECTION 25 - RELEASE

You hereby release Tinbox, its officers, employees, agents and successors from claims, demands and all losses, damages, rights, claims and actions of any kind, including, without limitation, personal injuries, death and property damage, that are directly or indirectly related to or arise from any interactions with other Users.