General Terms of Online Sale
These general terms of sale are concluded by party on the first part Fujifilm France Company – Division of Fujifilm Holdings France, simplified limited company under French law (société par actions simplifiée) with capital of 31,663,350 euros, with registered office located at 5 avenue des CHAUMES – CS40760 MONTIGNY, 78066 SAINT QUENTIN EN YVELINES CEDEX - France, entered in the Trade and Companies Register of Versailles under the number 412 838 526 and having the intra-Community VAT number FR93412838526,(hereinafter referred to as "Fujifilm"), and the party on the second part, being any non-professional natural person (hereinafter referred to a the "Customer") wishing to undertake a purchase of the printing service by means of the commercial website of Fujifilm accessible via the address http://www.disneyphotopass.eu. (hereinafter referred to as the "Site").
These general terms of sale are intended to define the contractual relations between Fujifilm and the Customer and the terms applicable to:
• any purchase concluded by means of the Fujifilm Site for private and personal use, which is to say without commercial value and not intended for professional, commercial or profitable purposes;
• any use of the shared online photo album service offered by the Fujifilm Site.
The acquisition of a printing service through this Site or the use of the shared online photo album functionality implies the Customer's unconditional acceptance of these general terms of sale.
These general terms of sale prevail over all other general or specific terms and conditions not explicitly accepted by Fujifilm.
Fujifilm retains the right to revise these general terms of sale at any time. In this case, the applicable terms will be those in effect on the date that the Customer places the order.
Customers are invited to regularly consult the general terms of sale and to make a printed copy of them.
The proposed language for conclusion of a contract is French.
2. Features of the offered printing services
The services offered on the Fujifilm website are photo printing services in all formats and on any medium.
Prints will have a fixed print size. If image ratio doesn't fit to the print size, image can be cropped accordingly with print size
Below exact print and posters sizes :
|Format name||size (cm)|
|Paper Crystal Archive||Paper HD|
|6x9 cm||-||6,0 x 8,9|
|9x13 cm||-||8,9 x 13,0|
|10x10 cm||10x10 cm||10,2 x 10,2|
|10x15 cm||10x15 cm||10,2 x 15,0|
|11x15 cm||11x15 cm||11,4 x 15,0|
|13x13 cm||13x13 cm||12,7 x 12,7|
|13x19 cm||13x19 cm||12,7 x 19,0|
|20x30 cm||20x30 cm||20,3 x 30,5|
|30x40 cm||30x40 cm||30,5 x 40,0|
|30x45 cm||30x45 cm||30,5 x 45,5|
|40x60 cm||-||40,6 x 60,5|
|50x68 cm||-||50,8 x 67,7|
|50x75 cm||-||50,8 x 76,2|
|60x80 cm||-||60 x 80 (+ou- 2mm)|
|75x100 cm||-||75 x 100 (+ou- 2mm)|
|80x120 cm||-||80 x 120 (+ou- 2mm)|
|90x120 cm||-||90 x 120 (+ou- 2mm)|
|100x133 cm||-||100 x 133 (+ou- 2mm)|
|100x150 cm||-||100 x 150 (+ou- 2mm)|
Each printing service is provided with a description formulated by Fujifilm.
The images and the texts displayed on the Site are examples of the photographic print work that may be performed on Site; the characteristics of the ordered product are specific to each order and conform to the technical description indicated prior to submission of the order.
The prices for the printing services belonging to the Site are stated in euros including VAT at the applicable rate on the order date. Any change to the level of VAT may have repercussions for the price of services.
Fujifilm is entitled to revise this price at any time, with the understanding that the price displayed on the Site on the order date shall be the only one applicable to the Customer.
The price of printing service does not include shipping charges for which a flat rate will be assessed the Customer at the end of the order acceptance process, this determined on the basis of the shipping rates applicable to the geographic area relating to the shipment.
A Customer wishing to place an order must have full legal capacity to perform the transaction. He or she agrees to provide current, accurate and complete information.
In specific, a Customer who wishes to place an order must:
- • Create a personalised product and add it to the shopping cart;
- • Enter his or her delivery details;
- • Enter his or her payment details;
- • Confirm his or her order and payment.
Placement of an order requires the Customer to create a user name and password and to have access to a properly functioning email inbox and outbox.
In accordance with the provisions of the French Civil Code on the conclusion of online agreements, the contract will be concluded once the Customer clicks the button permitting him or her to submit the order after having viewed its details and once the Customer confirm his or her agreement a second time by re-clicking the button after having verified the contents and details of the order.
Fujifilm will notify the Customer by email in order to conform the registered ordered.
As the digital photograph and image printing service in various formats and on various media results in the delivery of a clearly personalised product produced according to the Customer's specifications, the provisions of of Article L.121-20-2 of the French Consumer Code state that no right of withdrawal is applicable.
Orders for photographic work are therefore final and binding and are not subject to refund or exchange.
For reason involving the automated processing of orders, it is not possible to cancel or change their content regarding the production, quantity, delivery address, invoice address, or invoice amount. By clicking the "Submit" button at the end of the order process, the Customer acknowledge that he or she is fully aware of and irrevocably accepts the terms of the order (price, delivery time, shipping charges in case of home delivery).
6. Methods of payment
The price is payable on placement of the order.
The Fujifilm Site has a security system designed to protect all sensitive data associated with payment methods as effectively as possible.
Payments shall be made by bank card.
These bank card payments will be transacted by means of the BNP/MERCANET secured payment system utilising the SSL (Secure Socket Layer) protocol, to ensure that transmitted information is software encrypted and that no third party can have access to the information during transmission on the internet.
Deliveries are made to the address indicated on the order form.
If there is any damage during shipment, a justified complaint with specified order number may be filed with Fujifilm within three (3) days following delivery by emailing it to the address firstname.lastname@example.org, this to obtain a refund of the amount paid or an exchange for the damaged product. In the damage is detected by Fujifilm, a return postage voucher shall be sent by Customer Services for the return of the product. The costs of return shipment will hence be paid by Fujifilm.
Fujifilm shall make delivery to the Customer within a period not exceeding 30 days following the order. If delivery occurs after expiry of this period, the Customer may demand cancellation of the sales contract and will therefore be refunded all amounts paid, in accordance with Article L.121-20-3 of the French Consumer Code.
Orders are sent to Customers by mail depending on package weight (standard letter or Colissimo) and are delivered within an average period of 10 business days.
If a Customer makes an error regarding addressee data or delivery location details (in particular mistakes involving the addressee's first name, last name, address, telephone number or email address) and if the error results in the loss of an order, the Customer remains liable for payment for the lost order.
8. Guarantee and quality of printing services
All printing services supplied by Fujifilm are covered by the legal guarantee stipulated in Article 1641 and following of the French Civil Code.
Fujifilm agrees to supply the Customer with the best possible printing service based on the specifications requested by the Customer. If, however, the Customer feels that the order does not correspond to the attributes that he or she selected and submitted when placing the order, the Customer may return the order to Fujifilm, which will subject it to a new quality control and, where appropriate, proceed to reimburse the Customer within a period of 10 business days.
All claims must be lodged within a period of 5 business days following delivery in specifying the order number and the nature of the complaint by sending an email to:
The costs of return postage shall be charged to the Customer. If the cause of the return is due either to an error in completing the order or the shipment of a faulty product detected by Fujifilm (after submission of a photo of the error to Customer Service), Fujifilm will send the Customer a voucher for return postage of the order and evaluation of the detected quality flaws. The costs of return shall not be paid by Fujifilm if Customer Service has not previously been contacted for assessment of the order error.
9. Liability of Fujifilm
The liability of Fujifilm may not be involved for damage resulting from the use of the internet during the online sates procedure resulting in the loss of data, intrusion, virus , service disruption or other unanticipated problems. Similarly, Fujifilm cannot be held liable for damage due to improper installation or use of myfujifilm.fr software, which can be downloaded by the Customer from the Site. Moreover, since the Customer's use of the shared online photo album functionality does not consist of an online storage service for digital files, no claim against he liability of Fujifilm can be made for damage resulting in the loss of said digital files in connection with the use of this functionality offered by the Site.
If the Customer opts for the shared online photo album functionality, he or she remains solely responsible for this choice and may not impute Fujifilm with liability for commercial or any other use of his or her photos by a third party allowed access to the shared online photo album that the Customer may feel to be inappropriate.
Fujifillm can also not be held liable for damage due to improper use of the Customer's user name and password or the method used to place an order. The customer is responsible for his or her user name and password and will solely bear any consequences that may arise from their use by a third party who knows the Customer's user name and password, unless the Customer can demonstrate that this knowledge was due to an error by Fujifilm.
The quality of the products ordered on the Site can fluctuate depending on the quality of the source photograph used. Fujifilm cannot be held responsible for the technical quality of the photograph used in connection with an order and the quality of the result obtained on the basis of this photograph. Les frais de retour ne seront pas pris en charge par FUJIFILM si le Service Client n'a pas été contacté au préalable pour constater le défaut dans la commande.
Fujifilm remains responsible for the proper performance of the contract unless it demonstrates that the cause of any non-performance is imputable to the Customer, an unforeseeable and insurmountable fact or a force majeure event recognised as such in the case law of the French courts.
The hyperlinks present on the Site may lead to other internet sites. Fujifilm denies any liability, should the content of these Sites contravene any legal or regulatory provisions in effect.
10. Customer responsibility
The Customer declares that copies have been made of the digital files prior to their submission to the Fujifilm Site for processing or any other manipulation, such as the storage of the images in connection with their use for the shared online photo album functionality.
The Customer also declares that he or she is the legal owner of the all the files and digital content submitted to the Fujifilm Site and that this material is consequently not the subject of any rights.
The Customer agrees to comply with all the laws and regulations in effect concerning the prohibition against the dissemination of pornographic or obscene images and not to use the Site in contravention of any law or regulation. The Customer may not use the Site to store or distribute files or content that are harmful, threatening, injurious, hateful, defamatory, slanderous or that reveal someone's private personal affairs or infringe the rights of others. If the shared online photo album functionality offered by the Site is used, the Customer acknowledges that Fujifilm bears no liability for any damage resulting from the use or distribution of images and commentary by any third party that the Customer may authorise or to which it may send access to the Customer's shared online photo album.
The Customer recognises that any file or content perceived to contravene the laws or regulations in effect may be forwarded by Fujifilm to the competent public authorities, which will deal with it accordingly.
11. Intellectual property
Fujifilm retains title to all intellectual property rights for texts, images, sounds and illustrative content on the Fujifilm Site.
No one is authorised to reproduce, retransmit, utilise for commercial purposes or make any other use, in whole or in part. of the elements on the Site, be they audio, visual or software.
Any link or hyperlink connecting to the Fujifilm Site is strictly prohibited without the explicit written consent of Fujifilm.
12. Personal data
Fujifilm places particular importance on respecting the private lives of its Customers and the legal provisions in effect for protecting privacy.
The organisation responsible for processing personal data is Fujifilm Holdings France SAS.
The processing of personal data on the Site: http://www.disneyphotopass.eu. is the subject of a statement by the French National Commission on Computing and Freedoms (Commission Nationale Informatique et Libertés), issued under the number 1466289.
Fujifilm collects processes and stores personal data in conformity to the valid legal provisions in France. Fujifilm agrees to guarantee confidentiality.
13. Dispute resolution
These general terms of online sate are subject to French law.
All disputes shall be settled by the competent courts in France.
Last revision of these general terms of sale: April 2014