TERMS OF SERVICE – GENERAL CONDITIONS

Version 1.0 – effective from 01/02/2025

Owner: Lorenzo Tonello
Application: the website www.tonellophotography.com
Products: Digital products (images and/or licenses) sold by the Owner
Email: contact@tonellophotography.com
Customer: any person who accesses and uses the application for the purpose of purchasing images or specific licenses

1-Premise

These general conditions of sale (“General Conditions”) regulate the commercial relationships for the sale of goods and services between TonelloPhotography and the Customers.
These General Conditions apply in the case of orders addressed to TonelloPhotography and placed by Customers via:
– website www.tonellophotography.com (“Website”)
– e-mail (contact@tonellophotography.com)

The insertion of an order on the Website or the forwarding of the same by e-mail implies the full acceptance of these General Conditions. Any other agreement is excluded, unless agreed in writing.

2-Liability

To the extent permitted by law, TonelloPhotography is not responsible for any damage or loss, direct and/or indirect, resulting from the sale of images and licenses for their use.

3-Orders

Orders are considered valid only if placed via the Website (contact form on the site) or directly via email.

4-Prices

All prices listed on the Website are to be understood as, depending on the case, list prices or customized prices for Customers who have agreed commercial conditions with TonelloPhotography. All prices are gross of any discounts or promotions. Prices and discounts can be changed at any time, without notice. The prices of some types of products can undergo sudden changes, even substantial ones. In the event of disputes, TonelloPhotography reserves the right not to accept and make available what is requested in the order. In any case, the price published on the Website at the time of the order applies.

5-Delivery

TonelloPhotography undertakes to make the ordered items available to the buyer by sending a link to download the images via email, within 14 working days, unless otherwise agreed with the Customer.
The ordered items will be delivered without additional costs.

6-Intellectual Property Rights

Purchasing a personal or commercial purpose license you do not become the owner of the image/s and you can not claim any copyright or moral rights on them, as well as you are not allowed to sell them to/throught a third-party (i.e. media outlets, stock/microstock/NFT web platforms or any other marketplace…) for personal profits resulting from the sale of the image itself; nor use them to participate in any photography competition (national or international, with or without money prizes).

Personal and Commercial licenses are released in accordance with Creative Commons Licence 4.0:
Creative Commons licenses are contracts through which the copyright owner grants authorization to use the work to an undefined group of subjects. The licensor, therefore, does not transfer his rights but grants their enjoyment to third parties (licensees) under certain conditions. CC licenses are based on the concept of “some rights reserved”, according to which the owner decides which rights to reserve and which to allow for use. In the same way as the general contract conditions, the Creative Commons licenses, even if prepared by a third party (i.e. by the non-profit organization of the same name) and not by one of the contracting parties, exert their effectiveness and are therefore considered regularly concluded at the moment of use of the It operates according to the terms dictated by the specific license adopted by the rights holder.

Personal purpose license is released as CC BY-NC-SA (https://creativecommons.org/licenses/by-nc-sa/4.0/)
Commercial pourpose license is released as CC BY-SA (https://creativecommons.org/licenses/by-sa/4.0/)

7-Warranty

TonelloPhotography undertakes to keep the contents ordered by each Customer available and accessible online on its servers for a period of at least 5 years from the date of the order.

8-Payments

The images or licenses provided must be paid with:
-Credit/debit card
-PayPal
-Cryptocurrencies (BTC, ETH, XRP – through deposit by the Customer on the addresses/wallets indicated on the website)

Any other form of payment must be agreed in writing with TonelloPhotography.

9-Obligations relating to the traceability of financial flows

The Customer must pay with instruments suitable to guarantee full traceability of the transaction. A copy of the transaction will be attached to the license certificate for use at the time of delivery of the images and/or license for use of the same.

10-Cancellation of orders

Customers may request total or partial cancellation of the order before the ordered items are made available.
Cancellation of the order or part of it – where possible – must be requested in writing by sending an email to: contact@tonellophotography.com. The order will be considered canceled only if TonelloPhotography confirms in writing that the order has been canceled.

11-Refunds

No refunds will be made by Tonellophotography.

12-Confidentiality and personal data

The personal data acquired by TonelloPhotography will be processed in accordance with EU Regulation no. 679/2016. For further information, see the privacy policy (link).

13-Applicable law and competent court

These General Conditions are governed by Italian law, without prejudice to any different mandatory prevailing rule of the country of habitual residence of the consumer Customer. Any disputes must be resolved exclusively by the Italian jurisdictional authority, the Court of Venice, without prejudice to the possibility for the consumer Customer to assert his rights as a consumer in the European Union country in which he resides. The European Commission also provides an online dispute resolution platform that the consumer Customer can access by clicking here:

http://ec.europa.eu/consumers/odr

14- Communications

For any communication with TonelloPhotography regarding orders placed, it is always necessary to indicate the order reference number (Order_ID) and the Customer number (Customer_ID) that appear on the License Release Certificate.

15- Modification of the General Conditions

The General Conditions may be modified without prior notice. The date of publication on the Website will be valid.