1. Premises and Key Definitions

These General Terms and Conditions of Sale (hereinafter, the “Terms of Sale”) govern, under the terms and conditions set forth herein, together with the Website Terms of Use (“Website Terms of Use”) (available via a dedicated permanent link in the footer of the Website – i.e. the section located at the bottom of each page of the Website) and the Privacy Policy (“Privacy Policy”) (also available via a dedicated permanent link in the footer of the Website), the purchase – through the website Movie.it (the “Website”) – with home delivery via courier/postal service, in compliance with Italian legislation on distance contracts, of high-resolution prints of film posters, lobby cards and movie placards, in predetermined formats, media and finishes (the “Print(s)”).Such Prints shall be produced only after acceptance of the order received, on the basis of digital images lawfully owned or controlled by the “Seller” (as defined below), which are digitally/electronically restored in order, as far as possible, to return them to their original condition and to eliminate any overlays, inconsistencies and discoloration caused by imperfections in the original print.

The catalogue uploaded on Movie.it (the “Movie.it Catalogue”) consists of images of film posters, lobby cards and movie placards digitised by SacWebphoto S.r.l., catalogued and presented collectively on the Website (and in particular in the Catalogue) in reduced format and resolution.

The Customer (the “Customer”) is the private individual (or professional only within the strict limits set out in the first paragraph of Section 3 of these Terms of Sale) who, having accessed the Website as a visitor, decides to place and proceeds with a purchase order by providing the Seller (during the so-called checkout phase, automatically proposed by the Website during the ordering and payment process, after clicking the “CHECKOUT” button) with their personal data (first name, last name, shipping address, e-mail address and telephone number), thereby expressing their unconditional acceptance of the data processing methods provided, having previously carefully examined (and, if necessary, printed):(i) the Privacy Policy,(ii) the Website Terms of Use,(iii) these General Terms and Conditions of Sale.

The Purchase Contract (the “Purchase Contract”) is the contract between the Customer and the Seller, which is deemed concluded and perfected upon acceptance of the order by the Seller, as further described in Section 5 below.

The Product Sheets (the “Sheets”) are the information sheets on the Website relating to the images contained in the SacWebphoto Catalogue, including their characteristics, technical descriptions and prices.

The Seller (the “Seller”) is SacWebphoto S.r.l. (“SacWebphoto”), with the following details:

• 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@movie.it(for quotations and information)
• Customer Service: servizio.clienti@movie.it (for customised print orders and licensing rights)
• Telephone: (+39) 06 99.704.990
• WhatsApp: (+39) 351 71.81.443 (contact requests only)

The Customer is required to read these Terms of Sale carefully, which SacWebphoto makes available on the Movie.it Website, also in order to allow reproduction and storage thereof in compliance with Article 12, paragraph 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 General Terms and Conditions of Sale govern distance selling, exclusively through the Website shopping cart, of Prints in the formats, media, finishes and prices offered by the Seller and shown in the Catalogue on Movie.it.

Film posters, lobby cards and movie placards included in the Movie.it Catalogue are protected by copyright. The Prints produced at the Customer’s request are supplied exclusively for private decorative or furnishing purposes.

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

3. Special cases

The Customer is responsible for obtaining any necessary authorisations for the use of images and/or Prints for purposes other than private decorative use (for example, film promotion, scenographic use, etc.).Any grant of usage rights for images and/or Prints for purposes other than strictly private ones (i.e. where the Customer acts for commercial, business or professional purposes, directly or indirectly) may only occur following a Customer order placed via email to info@movie.it. In such cases, the transaction shall be completed only after:(i) acceptance by the Customer of a specific quotation,(ii) payment by the Customer of the quoted amount in accordance with the indicated methods,(iii) subsequent written acceptance of the order by SacWebphoto S.r.l.

Likewise, the sale of Prints in formats and/or media and/or finishes different from those offered in the Movie.it Catalogue and/or in any case customised Prints may require a dedicated digital restoration process and post-production activity of the images of the posters/lobby cards/movie placards in paper format available to Movie.it. Such processes and activities shall be carried out following receipt of a Customer order submitted by email to info@movie.it. In these cases, the transaction shall be completed only after:(i) the Customer’s acceptance of a specific cost quotation,(ii) the Customer’s payment, using the methods indicated, of the quoted amount, and(iii) the subsequent written acceptance of the order by SacWebphoto S.r.l.

Further information on lawful use of images and/or Prints and/or licensing costs may be requested at info@movie.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 the images included in the Movie.it Catalogue, as detailed and illustrated in the relevant Product Sheets, including their characteristics, technical descriptions and prices.

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 shall be deemed concluded and effective upon acceptance of the order by the Seller. The Seller shall notify its acceptance by email to the email address provided by the Customer during the so-called checkout phase, as automatically proposed by the Website during the ordering process, in particular after the Customer has clicked the dedicated ‘CHECKOUT’ button.

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

The Seller expressly reserves the right, at its sole and absolute discretion, not to proceed with any order. In such event, the Seller shall inform the Customer by email that the online order has not been accepted and/or has been cancelled, by sending notice to the email address provided by the Customer during the so-called checkout phase, as automatically proposed by the Website during the ordering process, in particular after the Customer has clicked the dedicated ‘CHECKOUT’ button. In such case, SacWebphoto S.r.l. shall refund any amounts already paid by re-crediting the card used for payment and on which any charge may have been made.

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

The Customer may proceed with the purchase of the Prints by following the prescribed procedure, the first step of which consists of selecting and adding the chosen image(s) to the Shopping Cart.

After uploading the selected image(s) to the Shopping Cart and/or accessing it, the system will clearly display, separately for each image, the price of the relevant Print(s), VAT where applicable, the amount of shipping costs, and the total amount of the order being finalised. On this page, the ‘CHECKOUT’ button is displayed and, when clicked, automatically leads to the order summary page.At this stage, the Website visitor is required to complete the fields provided with their personal data necessary for the proper continuation of the purchase procedure, such as first name, last name, shipping address, email address and telephone number. The information provided must be accurate and truthful.

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

On the Shopping Cart page there is a ‘PROCEED TO PAYMENT’ button which, when clicked, automatically enables access to the secure payment module. The Customer must enter their credit card details in order to complete the online payment through the secure website of the financial operator responsible for processing the payment; the sensitive credit card data are processed directly by such operator and no such data are read and/or stored by the Seller.

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 one of the methods from time to time available on the Website. At present, payment may be made by credit card (Visa, Mastercard, Amex, etc.) or via PayPal. The relevant banking institution shall directly and immediately verify the validity of the credit card and shall charge the total amount due in relation to each Purchase Contract. The Customer’s credit card information is transmitted via a secure connection directly to the website of the banking institution that processes the transaction.

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

The Customer and the Seller acknowledge that Article 52 of the Italian Consumer Code (Legislative Decree of 6 September 2005, No. 206), applicable to distance contracts, grants the consumer – defined as a natural person purchasing goods for private use and NOT for purposes related to their professional, commercial or entrepreneurial activity – the right to withdraw from a distance or off-premises contract without providing any reason and without incurring any costs other than those provided for in Article 56(2) and Article 57 of the Consumer Code, subject to the exceptions expressly set out in Article 59(c) of Legislative Decree No. 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 packaging is intact, not damaged, not wet and not 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 S.r.l. shall not be liable for any colour differences between the image displayed on the screen and the final printed product, as such differences depend on the Customer’s display settings and on the characteristics of the printing medium.

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

SacWebphoto S.r.l. assumes no liability for any use of the Prints and/or the related images that is not expressly authorised, nor for any infringement of copyright or related rights arising from the use of the printed images or from the use of any licences granted by SacWebphoto S.r.l.

SacWebphoto S.r.l. shall in no event be liable for any direct or indirect damages arising from the use of the Prints and/or the related images for purposes other than those expressly authorised. The Customer expressly undertakes to indemnify and hold harmless SacWebphoto S.r.l. from and against any claim, demand or damage arising from the improper use of the Prints and/or the related images, including damages resulting from violations 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

The Customer’s personal data collected are processed in compliance with Regulation (EU) 2016/679 (GDPR). During the so-called checkout procedure, the Customer may also, on an optional basis and separately from the purchase, provide consent to receive the informational and promotional newsletter of Movie.it.

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 withdraw the consent given at any time by using the unsubscribe link included in each email or by writing to info@movie.it

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

12. Copyright

The Movie.it Website 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