Terms of service
These general terms and conditions govern registration as a buyer on the Archivi Farabola platform and set out all the obligations of the company Archivi Farabola, creator and owner of the platform, as well as those of Buyers acting in that capacity.
The service offered by the platform is operated by A.F. – Archivi Farabola Srl, registered with the Rome Companies Register (REA No. RM - 1320263), with its registered office at via Trapani 15, 00161 Roma, represented by its director Lucrezia Dell'Arti.
Registration of Buyers on the Farabola platform
A Buyer who creates an account on the Farabola platform must provide complete and up-to-date contact information, as well as a valid email address. The Buyer bears the consequences of any error or omission in entering their data.
The Buyer shall create one single account and undertakes not to create aliases or derivative accounts, under their own identity or that of third parties. Any breach of this undertaking may result in the suspension or deletion of the account concerned. The Buyer shall not disclose their login details to third parties and shall be held liable for any connection or order made by third parties to whom they have passed on their login details, whether intentionally or through negligence.
As part of the fight against fraud and in order to ensure the security of transactions carried out through its platform, Farabola reserves the right to verify the identity and legal capacity (in particular the age of majority) of the Buyer at the time of registration or at the time of an order.
Prices and charges
All prices are shown in euros.
Print prices include VAT at the current rate. Shipping costs for prints are not included in the price: they depend on the country of delivery, the size and the number of prints, and are shown on the Shipping page and in the cart, before payment.
Licence prices for digital images are shown excluding VAT ("+ VAT"); VAT, where due, is calculated at payment according to the country and type of buyer. Digital images are downloaded from the site and have no delivery costs.
Any other costs are communicated to the Buyer before the contract is concluded.
Order procedure
After confirming the contents of their order and accepting these general terms and conditions for the provision of services, as well as the obligation to pay for the order, the Buyer shall definitively validate their order by actually paying for it. The order shall be valid and processed only after full payment of the price of the products purchased and, for prints, of the delivery charges.
Buyers may pay by credit card, PayPal or bank transfer.
Any order from a Buyer who has failed to pay, in whole or in part, for a previous order, or with whom a payment dispute is in progress, may be refused.
Farabola will confirm to each Buyer, by email, that the order has been processed.
Upon receipt of payment, the contract of sale between Farabola and the Buyer is definitively concluded.
Intellectual property
The Buyer acknowledges that the photographs sold through the Farabola platform are subject to intellectual property rights. Under copyright law (Law No. 633 of 22 April 1941), ownership of the medium of a work (the print purchased through Farabola) does not confer any intellectual property rights. Accordingly, the Buyer of a print is informed and aware that they are not authorised to reproduce the work, to modify it, to sell it in turn or to exploit it in any form whatsoever.
Digital images purchased with a licence for use may be reproduced only within the limits of the chosen licence, in accordance with the Licence Terms.
Any breach of these rules constitutes an infringement liable to legal action by Farabola.
Precautions relating to the nature of the works
The Buyer is also aware that photographic prints must be displayed and handled with care. The Buyer's attention is drawn to the following precautions:
Do not expose to direct sunlight
Do not display outdoors
Do not display in damp rooms or rooms exposed to steam (kitchen, bathroom).
Order tracking
Prints are made to order and shipped directly by the print laboratory to the address given by the Buyer. When the print is dispatched, the Buyer receives by email the number to track the shipment.
Production and delivery times
Production and delivery times are given in working days. They may vary slightly owing to circumstances beyond Farabola's control (disruptions or strikes in transport or logistics providers, technical difficulties).
Shipping times and costs for the Buyer's country are shown on the Shipping page and in the cart, before payment.
Complaints about non-receipt or lack of conformity
A Buyer who wishes to report to Farabola any problem with the receipt of the print, or its non-receipt, should send an email to the following address: info@farabola.com.
Damaged parcel
If the parcel arrives damaged or opened, the Buyer reports it to the courier on delivery, with a written reservation if possible. If the print is damaged, the Buyer writes to info@farabola.com within 14 days of delivery, giving the order number and attaching, if possible, photographs of the parcel as it arrived and of the print in its packaging.
After consulting the courier, Farabola tells the Buyer how to proceed and replaces the print or refunds the order in full.
Farabola will pay the return shipping costs and will do whatever is necessary to ensure that the original order is fulfilled as soon as possible.
A return can only be accepted if the Buyer follows the procedure described. The Buyer must ensure that the print is kept in its original packaging and that due care is taken during shipping. The print will be returned to the address indicated by Farabola.
Non-conforming order
If the print delivered does not match the order (wrong photograph, size or medium), the Buyer will inform Farabola within 14 days of delivery and provide evidence of the problem. Farabola will give the Buyer instructions on how to return it and will replace the print or refund the order, unless the parties agree on different compensation.
Right of withdrawal
The Buyer has the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period expires 14 days after the day on which the Buyer, or a third party other than the carrier and designated by the Buyer, takes physical possession of the last item.
All provisions on the right of withdrawal are set out on the Return and Refund Policy page. The cost of sending the print back is borne by the Buyer, except where the print is damaged or non-conforming.
For digital images, which are downloaded immediately after purchase, the rules set out in the Return and Refund Policy apply.
Duration
The Buyer's acceptance of these general terms and conditions for the provision of services creates a legal relationship between the parties for an indefinite period of time. Farabola and the Buyer have the right to terminate this contract at any time.
If the contract is terminated at Farabola's initiative, the Buyer will be informed of the reasons for that decision. The Buyer, for their part, may withdraw from the contract at any time and without having to justify their decision. Any order in progress at the time the contract is cancelled by the Buyer must be completed, and the effects of the cancellation shall be suspended until delivery of the print or download of the digital image and the expiry of the withdrawal period.
Availability of the website
The Farabola website is accessible at all times at https://www.farabola.com. However, Farabola cannot be held liable in the event of a failure or malfunction caused by a third party (in particular an internet access provider), or in the event of force majeure. Farabola undertakes to do everything possible to restore access to the data as soon as possible.
The free creation of an account does not entail reimbursement by Farabola of any subscription to an internet service provider for the data transmitted while connected to the website.
Privacy
The information provided by Buyers in connection with their registration or their orders is intended for Farabola and is used for processing and tracking orders, managing marketing and shipping, and fulfilling the legal and regulatory obligations incumbent on Farabola.
The information provided by Buyers in connection with their orders may be disclosed to Farabola's service providers who need it to perform their service (for example the shop platform, payment, the print laboratory and the courier, the sending of emails). Processing is carried out in compliance with Regulation (EU) 2016/679 (GDPR) and Italian personal data protection legislation. Further information is available in the Privacy Policy.
In the event of incorrect information, the Buyer shall bear full responsibility for the incorrect shipment or the loss of a print as part of an order, and shall not be entitled to exercise any right of complaint.
The Buyer has the right, at any time, to modify the information provided via the 'My account' section, which they may access freely.
Under the GDPR, Buyers have the right to access their data, to request its rectification, erasure, restriction or portability, to object to its processing and to lodge a complaint with the Italian Data Protection Authority, the Garante per la protezione dei dati personali (www.garanteprivacy.it). For any request, the Buyer is invited to contact Farabola by email at: info@farabola.com.
Buyers receive promotional communications from Farabola only if they have given their consent by ticking the relevant box. Those who have already purchased from Farabola may receive offers by email for products similar to those purchased, unless they object. Every message includes the option to unsubscribe, and consent may be withdrawn at any time by writing to info@farabola.com.
Cookies
The personal information collected when creating a registration account may lead the website to place cookies on the computer, allowing faster connection and smooth browsing on our platform.
However, the Buyer may disable cookies, either through their browser settings or through third-party cookie management platforms.
Amendment of these rules
These rules are subject to change over time. Farabola's general terms and conditions for the provision of services are those in force on the day the Buyer places the order. Every order is subject to full and unreserved acceptance of these general terms and conditions for the provision of services.
Applicable law
These rules are governed by Italian law.
Any dispute between Farabola and Buyers shall fall within the jurisdiction of the Italian courts. This is without prejudice, for Buyers who are consumers, to the jurisdiction of the court of their place of residence or domicile provided for by the Italian Consumer Code.