General Terms and Conditions of Sale

1. Introduction and Key Definitions

These General Terms and Conditions of Sale, hereinafter the “Terms and Conditions of Sale”, govern, together with the Terms of Use of the Website and the Privacy Policy, purchases made through the Movie.it website, hereinafter the “Website”, of Prints and other products offered thereon, with delivery by courier or other delivery service, in accordance with the applicable Italian legislation governing distance contracts.

For the purposes of these Terms and Conditions of Sale, “Print” means a high-resolution reproduction of a movie poster, fotobusta image, locandina or other film-related material included in the Movie.it Catalogue.

Except for the specific variant that may be marked “Ready & Reduced”, Prints are produced after the order has been placed, based on the configuration selected by the Customer in terms of size, material and production specifications, chosen from the options offered for each artwork or otherwise agreed with SacWebphoto.

The images used to produce the Prints undergo the digital work required for restoration and final preparation for printing.

The “Movie.it Catalogue” means the collection of images of movie posters, fotobuste, locandine and other film-related material digitised by SacWebphoto S.r.l., catalogued and displayed on the Website in a format and resolution intended for online viewing.

A “Product Page” means the page of the Website dedicated to a specific artwork, containing the relevant image, the information available, the options offered for configuring the Print and the applicable prices.

A “Ready & Reduced Variant” means exclusively the specific paper Print, in the size expressly identified as such on the relevant Product Page, which has already been physically produced and is available in stock at the time of purchase.

The presence of a Ready & Reduced Variant on a Product Page does not alter the nature of the other configurations offered on the same page, which are produced after the order has been placed.

A “Customer” means any person or entity making a purchase through the Website or, in the cases provided for in these Terms and Conditions of Sale, under arrangements specifically agreed with SacWebphoto, having first reviewed the Privacy Policy, the Terms of Use of the Website and these Terms and Conditions of Sale.

A “Consumer” means any natural person acting for purposes outside their trade, business, craft or professional activity.

A “Professional Customer” means any person or entity making a purchase for purposes connected with their trade, business, craft or professional activity.

A “Purchase Contract” means the contract entered into between the Customer and SacWebphoto in accordance with these Terms and Conditions of Sale.

The Seller is: SacWebphoto S.r.l.

• 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)

Customers’ personal data are processed in accordance with the Privacy Policy available on the Website.

Customers are invited to read these Terms and Conditions of Sale carefully before making a purchase and may save or reproduce them for future reference.

SacWebphoto reserves the right to amend these Terms and Conditions of Sale. Any amendments will take effect from the date on which they are published on the Website and will apply to orders placed after that date.

Orders already placed will remain subject to the Terms and Conditions of Sale in force at the time of purchase.

2. Subject Matter of the Contract and Use of Prints

These Terms and Conditions of Sale govern the distance sale of Prints and other products offered through Movie.it.

Except for any specific Ready & Reduced Variant shown on the relevant Product Page, Prints are produced after the order has been placed, based on the configuration selected by the Customer from the options offered on the Website or according to other specifications agreed with SacWebphoto.

The purchase of a Print allows the physical Print to be used as an item of furnishing or decoration, including within premises used for professional or commercial activities.

Professional Customers may use the Print as a physical item of furnishing or decoration in their premises, provided that such use does not involve reproducing, distributing or otherwise exploiting the image separately from the ordinary display of the purchased Print.

The purchase of a Print does not transfer or grant to the Customer any rights to reproduce, publish, distribute, communicate to the public, commercially exploit or otherwise use the image reproduced on the Print.

Any other commercial, professional, promotional, advertising, editorial, audiovisual, set-design or other use involving reproduction or independent exploitation of the image must be agreed in writing in advance with SacWebphoto, within the scope of the rights held by SacWebphoto.

3. Specific Requests and Image Licensing

If the Customer requires a configuration other than those offered on the Website, the Customer may ask SacWebphoto for specific sizes, materials, finishes or other production specifications.

Such specifications will be agreed directly with the Customer by email and, once accepted, will form part of the specifications of the Print to be produced for the relevant order.

If the Customer wishes to use an image for purposes other than the physical use of the purchased Print as an item of furnishing or decoration, the Customer must contact SacWebphoto at info@movie.it.

Any grant of image usage rights will be subject to a separate agreement and may be conditional upon acceptance of a quotation, payment of the applicable fee and written confirmation from SacWebphoto.

SacWebphoto may grant only those rights that it holds. Unless otherwise agreed in writing, the Customer remains responsible for obtaining any additional authorisations required for the intended use.

Purchasing a Print through the ordinary sales process on the Website does not in any way grant rights to reproduce or independently exploit the image commercially.

4. Purchases by Professional Customers

Where a purchase is made by a Professional Customer in connection with its trade, business, craft or professional activity, those provisions of the Italian Consumer Code that apply specifically to Consumers will not apply, including the provisions governing the right of withdrawal and the statutory legal guarantee of conformity specifically provided for consumers.

These Terms and Conditions of Sale apply to relationships with Professional Customers and, in matters not expressly governed herein, the relevant provisions of the Italian Civil Code and other applicable legislation will apply.

A Professional Customer may use the purchased Print as an item of furnishing or decoration in its premises, subject to the restrictions relating to reproduction and exploitation of the image set out in these Terms and Conditions of Sale.

Unless otherwise agreed in writing, a purchase made by a Professional Customer does not grant any rights to reproduce, publish, distribute, communicate to the public or otherwise exploit the image reproduced on the Print.

5. Acceptance of the Terms and Conditions of Sale

Before making a purchase, the Customer must review these Terms and Conditions of Sale, the Terms of Use of the Website and the Privacy Policy.

Completion of the purchase constitutes acceptance of the Terms and Conditions of Sale applicable to the order.

Where specific requirements are agreed directly by email, these Terms and Conditions of Sale will apply insofar as they are compatible with any specific terms agreed in writing between the parties.

A request for information or a quotation does not, in itself, constitute an order or result in the conclusion of a Purchase Contract.

6. Purchase Procedure

The Product Pages published on the Website show the artworks available for purchase, the options offered for configuring the relevant Prints and the applicable prices.

The Customer places an order by selecting the chosen artwork and configuring the relevant Print using the options offered on the Website.

Once the configuration has been completed, the Print is added to the Cart.

Before proceeding to payment, the Customer may review and correct the information entered and view the main characteristics of the products ordered, the price, applicable VAT, delivery charges and the total amount of the order.

The Customer must provide complete, accurate and truthful information required for the performance of the Purchase Contract and delivery.

To complete the purchase, the Customer pays the total amount of the order using one of the payment methods offered on the Website.

The order is transmitted to SacWebphoto once the payment process has been completed.

Following receipt of the order, SacWebphoto will send an email to the address provided by the Customer containing confirmation and a summary of the order, the main characteristics of the products purchased, the amount paid and the relevant purchase information.

If, after payment, technical, production-related, legal or other circumstances arise that make it impossible to fulfil the order, SacWebphoto will promptly inform the Customer and refund all amounts paid, using the same payment method used for the purchase wherever possible.

Production Process for Prints

Except for the specific Print that may be marked Ready & Reduced, each Print is produced only after the Customer has placed the order.

Once the order has been received, SacWebphoto proceeds with:

a) restoration and final preparation of the image;

b) preparation of the print file based on the configuration selected by the Customer in terms of size, material and production specifications, or according to any other specifications agreed by email;

c) production of the Print by the printing facility using the file prepared specifically for that order.

The completed Print is then sent to SacWebphoto’s premises, where it undergoes a quality check before being packaged and dispatched to the Customer.

7. Prices, Payments and Invoicing

Prices shown on the Website are expressed in euros and, unless otherwise stated, include applicable VAT.

SacWebphoto may change the prices published on the Website at any time. Orders already placed will be charged at the prices shown to the Customer at the time of purchase.

Any delivery charges are shown separately before payment and are added to the price of the products purchased.

Payment may be made using the payment methods offered on the Website from time to time.

Transactions are processed by the relevant payment service providers.

SacWebphoto does not obtain or store the Customer’s complete payment card details where such information is processed directly by the payment service provider.

Where an invoice is required by law or requested within the applicable time limits, it will be issued electronically or digitally on the basis of the information provided by the Customer, who is responsible for ensuring that such information is accurate and complete.

8. Shipping and Delivery

Products purchased are shipped to the address provided by the Customer using the courier or delivery service selected by SacWebphoto, unless otherwise agreed.

Where applicable, delivery charges are borne by the Customer and are shown before payment.

Estimated production and delivery times may vary depending on the type of Print, the configuration selected and the destination.

Unless otherwise agreed with the Customer, delivery will take place within the time limits required by applicable law.

If SacWebphoto fails to deliver within the agreed period or within the time limit provided by law, the rights granted to Consumers under the applicable legislation remain unaffected.

The risk of loss of or damage to the products passes to the Consumer only when the Consumer, or a third party designated by the Consumer other than the carrier, takes physical possession of the products.

Where the carrier has been independently selected by the Customer and that option was not offered by SacWebphoto, the different provisions laid down by applicable law will apply.

9. Right of Withdrawal

The provisions of this Section apply exclusively to Customers who qualify as Consumers.

Consumers are entitled, where provided by law, to the right of withdrawal governed by Articles 52 et seq. of the Italian Consumer Code.

9.1 “Ready & Reduced” Variant

The 14-day right of withdrawal applies to the specific Print expressly identified at the time of purchase as Ready & Reduced, since it has already been produced and is available in stock.

The 14-day period begins on the day on which the Consumer, or a third party designated by the Consumer other than the carrier, takes physical possession of the product.

The Consumer may communicate the decision to withdraw by sending an explicit statement to servizio.clienti@movie.it, by using the model withdrawal form included at the end of these Terms and Conditions of Sale, or by using the online withdrawal function available on the Website.

Use of the model withdrawal form is not mandatory.

The online withdrawal function is made available in accordance with Article 54-bis of the Italian Consumer Code. Where this function is used, SacWebphoto will send the Consumer, without undue delay, confirmation of receipt of the withdrawal request on a durable medium, including the date and time of submission.

The Consumer must return the Print without undue delay and in any event within 14 days from the date on which the decision to withdraw was communicated.

Unless otherwise agreed, the direct cost of returning the product will be borne by the Consumer.

Where the right of withdrawal is validly exercised, SacWebphoto will refund all amounts due in accordance with applicable law, including, where required, the standard delivery charges originally paid by the Consumer.

Any additional costs resulting from the Consumer’s choice of a delivery method other than the least expensive standard delivery method offered by SacWebphoto will not be refunded.

The refund will, where possible, be made using the same payment method used by the Customer for the original transaction.

SacWebphoto may withhold the refund until it has received the returned Print or until the Consumer has supplied evidence of having sent it back, whichever occurs first.

The Consumer will only be liable for any diminished value of the product resulting from handling beyond what is necessary to establish its nature and characteristics.

9.2 Other Prints Produced After the Order Is Placed

Except for the specific Ready & Reduced Variant, Movie.it Prints are not already physically produced and held in stock but are individually produced after the order has been placed, based on the configuration selected by the Customer in terms of size, material and production specifications.

For each order, the image also undergoes final restoration and preparation, and the corresponding print file is created specifically for the configuration selected by the Customer.

In view of these characteristics, SacWebphoto considers the exclusion from the right of withdrawal under Article 59(1)(c) of the Italian Consumer Code to be applicable to such Prints, as goods made to the consumer’s specifications or clearly personalised.

Accordingly, no right of withdrawal for a simple change of mind is recognised for such Prints, without prejudice to the Customer’s rights in the event that the product is defective, non-conforming, incorrect or damaged in transit.

9.3 How to Exercise the Right of Withdrawal

Where the right of withdrawal is provided for by law, the Consumer may exercise it by sending SacWebphoto an explicit statement of the decision to withdraw from the contract at servizio.clienti@movie.it, using, if desired, the model withdrawal form set out in Annex A to these Terms and Conditions of Sale.

Use of the model withdrawal form is not mandatory.

The Consumer may also exercise the right of withdrawal using the online withdrawal function available on the Website pursuant to Article 54-bis of the Italian Consumer Code.

Where the online function is used, SacWebphoto will send the Consumer, without undue delay and on a durable medium, confirmation of receipt of the withdrawal statement, including the content of the statement and the date and time of its submission.

10. Guarantees, Defects and Lack of Conformity

10.1 Consumer Customers

Customers who qualify as Consumers are entitled to the statutory legal guarantee of conformity provided for under Articles 128 et seq. of the Italian Consumer Code.

The statutory legal guarantee lasts for two years from delivery of the product, subject to the terms and conditions laid down by applicable law.

The exclusion from the right of withdrawal referred to in Section 9.2 does not affect the statutory legal guarantee of conformity in any way.

If the Print has a production defect, is incorrect or does not correspond to the configuration ordered by the Customer, the Customer is invited to contact Customer Service at servizio.clienti@movie.it, quoting the order number and, where useful for assessment, attaching photographs of the product received.

SacWebphoto will review the report and, where a defect or lack of conformity is confirmed, will restore conformity at no cost to the Customer in accordance with applicable law.

SacWebphoto will replace the Print with a new, correctly produced copy, without prejudice to any further remedies available to the Consumer under applicable law.

10.2 Professional Customers

The statutory legal guarantee of conformity provided for Consumers under the Italian Consumer Code does not apply to Professional Customers.

The guarantees provided for under the Italian Civil Code and any other provisions applicable to the relevant relationship remain in force.

11. Damage During Transit

If the packaging shows visible signs of damage at the time of delivery, the Customer is invited, where possible, to photograph it before opening and to report the damage to the carrier at the time of delivery, including by accepting the delivery subject to inspection.

The Customer is also invited to contact SacWebphoto promptly at servizio.clienti@movie.it, quoting the order number and attaching photographs of the packaging and the product.

These steps are intended to facilitate and speed up assessment of the damage and, in dealings with Consumers, do not constitute a limitation or condition on the exercise of rights granted by applicable law.

If the Print has been damaged during transit, SacWebphoto will replace it at no cost to the Customer, without prejudice to any other remedies that may apply.

12. Image Characteristics, Colour Rendering and Use of Prints

Images displayed on the Website are intended for online viewing and may differ from the appearance of the final Print due, among other things, to the settings and characteristics of the monitor or device used by the Customer.

Minor colour differences between the image displayed on the Customer’s device and the final Print, resulting from the settings or characteristics of the device or from the characteristics of the selected printing material, do not in themselves constitute a lack of conformity.

The Customer’s rights remain unaffected in the event of actual printing defects or lack of conformity.

SacWebphoto is not liable for any use of the Prints or related images by the Customer beyond the limits permitted under these Terms and Conditions of Sale or, where a specific licence has been granted, beyond the scope and terms of that licence.

The Customer is responsible for any use of Prints or images in breach of these Terms and Conditions of Sale or the rights of third parties.

Nothing in these Terms and Conditions of Sale may be interpreted as excluding or limiting any rights or liabilities that cannot lawfully be excluded or limited under applicable law.

13. Processing of Personal Data

Customers’ personal data are processed in accordance with Regulation (EU) 2016/679 and the applicable legislation, as described in the Privacy Policy available on the Website.

Personal data required for managing the order and performing the Purchase Contract are processed on the legal bases set out in the Privacy Policy, and such processing is not conditional upon the Customer’s consent.

During the purchase process, the Customer may, on an optional basis and separately from the purchase itself, consent to receiving the Movie.it newsletter and other informational or promotional communications.

Any such consent may be withdrawn at any time by using the unsubscribe link contained in the communications received or by following the other methods described in the Privacy Policy.

14. Intellectual Property and Copyright

The Movie.it Website is operated by SacWebphoto S.r.l.

Trademarks, logos, graphic elements, texts and other content available on the Website are protected to the extent provided by applicable law and belong to SacWebphoto or their respective rights holders.

Images included in the Catalogue may be protected by copyright and other intellectual property rights.

The purchase of a Print does not transfer to the Customer any intellectual property rights relating to the reproduced image and does not grant any right to reproduce or exploit that image, except under a separate written licence agreement where applicable.

15. Customer Service and Complaints

For assistance requests, reports or complaints relating to orders, the Customer may contact SacWebphoto at: servizio.clienti@movie.it

quoting the order number and providing any information useful for handling the request.

For enquiries relating to image licences or uses other than the purchase of a Print as a physical item of furnishing or decoration, please contact: info@movie.it

16. Governing Law, Jurisdiction and Alternative Dispute Resolution

The Purchase Contract is governed by Italian law, without prejudice to any mandatory provisions protecting Consumers under the applicable legislation.

For disputes involving a Consumer Customer, jurisdiction lies with the court of the Consumer’s place of residence or domicile, where required by the applicable mandatory legislation.

For disputes involving Professional Customers or businesses, the courts of Rome will have exclusive jurisdiction.

For the out-of-court resolution of consumer disputes, the Customer may, in the cases and in accordance with the procedures provided for under applicable law, refer the matter to the following ADR body:

A.D.R. Intesa S.r.l.

• Via Fregene, 9 - 00183 Roma
• E-mail: info@adrintesa.it
• Telephone: +39 06 87463699

17. Severability

If one or more provisions of these Terms and Conditions of Sale are or become null, invalid or unenforceable under applicable law, this will not affect the validity or enforceability of the remaining provisions.

Any invalid or unenforceable provision will, where necessary, be replaced by the applicable mandatory statutory provision.

Model Withdrawal Form

To be used where the right of withdrawal is provided for by law.

To:

SacWebphoto S.r.l.

• Via degli Olmetti, 40
• 00060 Formello (RM)
• E-mail: servizio.clienti@movie.it

I/We hereby give notice that I/We withdraw from the contract of sale relating to the following goods:

……………………………………………………………………

Order number:

……………………………………………………………………

Ordered on / received on:

……………………………………………………………………

Name of Consumer(s):

……………………………………………………………………

Address of Consumer(s):

……………………………………………………………………

Signature of Consumer(s), only if this form is submitted on paper:

……………………………………………………………………

Date:

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