Terms And Conditions

Welcome to ColorMailer. ColorMailer (also designated as Colormailer.com, ColorMailer Photo Service or Colormailer) is a service of Colorplaza Ltd, a company incorporated and registered in Switzerland. Please read these General Terms and Conditions carefully, as the use of the ColorMailer service implies that you accept them.

Scope of application

The use of the services of ColorMailer is subject to the conditions given below. The laws of Switzerland apply exclusively in all other respects. The Swiss courts alone have jurisdiction in all litigation arising in connection with the utilization of ColorMailer

The present General Terms and Conditions for Use of the Services of ColorMailer are applicable to all services offered by Colorplaza Ltd. under this name via the Internet.

Colorplaza Ltd. reserves the right to amend the present Terms and Conditions without notice and to post their contents on its pages.

All orders submitted to Colorplaza Ltd. are subject to acceptance by Colorplaza Ltd. No binding contract shall be formed prior to such acceptance.

Utilization of the services

The user must reply completely and accurately to the form that has to be completed when registering for the services. The user shall ensure that he or she follows the instructions contained in the ColorMailer website (including in particular in the FAQs section thereof). Payment by users in respect of orders must be made by credit card in advance and the Colorplaza Ltd. Prices prevailing at the time of submission of the order shall apply.

The user shall ensure that his images respect valid laws, specifically the provisions of criminal law concerning pornography, violence and pedophilia, as well as the laws on intellectual property. Moreover, it is the duty of Colorplaza Ltd. to report any violation of criminal law.

Colorplaza Ltd. reserves the right not to process images whose contents are contrary to good morals. In this context, Colorplaza Ltd. is entitled not process images, even if they respect valid law.

Data Confidentiality

Colorplaza Ltd. undertakes not to communicate personal customer data outside the company.

The personal customer data is used to send customers photos and goods and to contact customers about their orders.

Intellectual property

The entire contents of the website related to the service and of software (text, graphics, code) are the property of Colorplaza Ltd. or of the named companies. Any reproduction of the contents, in whole or in part, regardless of the procedure or the medium used, shall require the express prior written authorization of Colorplaza Ltd.

Image archives transferred for processing to Colorplaza Ltd. remain the property of the user.

The user is deemed the 'responsible publisher' and thus bears sole responsibility for obtaining intellectual property rights relating to his images. Colorplaza Ltd. shall incur no responsibility whatsoever for abuse of printed images on the part of the user. Consequently, the users may only order photos with Colorplaza Ltd. and use those images if he has the necessary rights of use.

Responsibilities

Colorplaza Ltd. guarantees to do its utmost to ensure availability of the services of ColorMailer. A temporary interruption of the services is, however, possible for technical reasons. Colorplaza Ltd. will make every effort to inform its customers as efficiently as possible about the nature and duration of any interruptions, but shall incur no liability whatsoever in the event that its services are unavailable. Similarly, Colorplaza Ltd. cannot guarantee the reliability and quality of the Internet outside its own premises.

Colorplaza Ltd. has a powerful infrastructure for saving data (personal data, images, etc.). This should make it possible to restore the integrity of the stored data, even in the event of a serious fault. However, Colorplaza shall incur no liability whatsoever in the event of data losses. The user shall keep a safe copy of the transferred files on his side. The images files are deleted from Colorplaza's database latest 60 days after the processing of the order.

In the event of loss or damage to data storage medium or slides, the liability of Colorplaza Ltd. shall be limited to the replacement of the medium by new material of equivalent quality.

The user should note that he or she will be charged for ordered printing of an image even where the image submitted is of insufficient quality to produce a sharp, clear and/or true color image.

The indication of links to other sites is offered as a convenience for the user. In no case can Colorplaza Ltd. assume any guarantee as regards the contents of these sites, nor shall it incur any liability whatsoever in the event that a user has any complaints regarding these sites.

All delivery times and dates are estimates and Colorplaza does not commit to any specific delivery times or dates. The liability of Colorplaza Ltd. in connection with the provision, non-provision or late or defective provision of services under these terms and conditions or the submission of images by users shall in no event exceed the price paid by the customer in respect of the relevant images for the relevant printing services.

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