TERMS AND CONDITIONS - MATTEO COLOMBO TRAVEL PHOTOGRAPHY

0. Terms and Conditions of open print sales
0.1 These terms and conditions apply to the purchase of all forms of photographic print ( herein "print") - regardless of payment amount
0.2 The terms and conditions below form part of the contract between us (“our”, “Matteo Colombo”, “we”, “Matteo Colombo Travel Photography”, “MCTP”) and you (“buyer”, “customer”, “you”) and are the basis on which any disagreement will be considered.
0.3 By purchasing a print, you are acknowledging and agreeing to the terms and conditions set about below.

1. Definition of Editions
1.1 "Open Edition" - A reproduction print, unlimited in number worldwide, produced as part of a larger edition run with no signature or certification.
2. Customer Responsibilities
2.1 By purchasing a print, you are confirming that you have read the associated print description, and selected the appropriate edition type and size as required by you.
2.2 By purchasing a bespoke size of print, you must confirm in writing the exact dimensions as required by you before your order is deemed accepted by us.

3. Ordering
3.1 All orders must be submitted via this website ("https://www.matteocolombo.com", herein "website") in accordance with the instructions set out on each step and page of the checkout process.
3.2 You are responsible for ensuring the completeness and accuracy of your order details and Matteo Colombo will not be liable for any failure by you to provide complete and accurate information in your order.
3.3 All print orders are for custom, made to measure, on-demand photographic products, such as Posters, Fine Art Prints, Canvas, Metal Prints and Acrylic Prints.
3.4 Orders may only be deemed to have been accepted by us upon your receipt of our order confirmation in writing (which may be by e-mail), along with relevant order reference number.
3.5 We reserve the right to:
3.5.1. Reject any order submitted by you for any reason. Note, in particular, that orders by customers in certain countries may be held for inspection and checks for fraudulent payment methods prior to acceptance by us.
3.5.2. Cancel any order before delivery of the relevant print in the event any payment of the full order value fails.
3.6. Without limitation to any provisions relating to Limitation of Liability, we will not be liable or otherwise responsible for any loss or damage caused to the you by cancellation of an order by us.

4. Delivery
4.1 Your order will be fulfilled by the estimated delivery date set out in the Shipping Information page on our website, unless there is an event outside our control. If we are unable to meet the estimated delivery date because of an event outside our control, we will contact you with a revised estimated delivery date.
4.2 Delivery will be completed when we deliver the print(s) to the shipping address you gave us when ordering.
4.3 If no one is available at the shipping address to take delivery. We will arrange with our carrier to redeliver the item. Otherwise it will be up to you to collect from the depot described on the delivery notice.
4.4 The print(s) will be your responsibility from the completion of delivery.
4.5 You own the print(s) once we have received payment in full, including all applicable delivery charges.
4.6 You are responsible for inspecting the external packaging of the prints, on receipt, and marking any noticeable damage on the delivery confirmation receipt as required by the courier.
4.7 Any items which are significantly damaged must be rejected by you, and returned to the courier at the point of attempted delivery. You must immediately inform us of any delivery rejection in order that we can contact the courier to resolve the situation.
4.8 Failure to inform us of any damage to the print(s) within 24 hours of the courier's delivery receipt confirms your acceptance of your order in good condition.

5. Returns
5.1 Any order which has been damaged prior to delivery, where you have informed us within 24 hours of the delivery attempt (subject to the provisions in clause 4 - "Delivery"), will be replaced by us free of charge with a duplicate copy of the same print as ordered.
5.2 in the unlikely event that you would not be satisfied with your product, contact me via the contact form on the website or by e-mail at info@matteocolombo.com, within 10 days of receiving your order, providing the order number, the description of the problem and pictures of the issue.
Please note that all items are clear to view on the website, however, you should be aware that colors may vary slightly from the way they appear on your screen when printed.
We reserve the right to request that your return the product to us and at our discretion: offer an exchange or reprint OR issue store credit for items not including shipping OR take no action OR, on the rare occurrence that we have exhausted all possible solutions and cannot find a resolution, offer a refund. Please ensure the work is packaged appropriately and that it is protected. Ideally, use the original packaging in which the item was delivered, including all protective material. You are responsible for covering the regular cost of return postage and we advise you to obtain Proof of Posting as we cannot be held responsible for non-delivery of goods to our address without it.
5.3 Any damage caused after successful delivery is the responsibility of the customer, and any replacements will be provided subject to payment of the current print price on the website.
5.4 Damage caused during self-organised framing or mounting is the responsibility of the customer, and no refund for prints that have been spoiled in this way.

6. Customs, Excise Duties & Import Taxes
6.1 All prints are produced and shipped from Germany.
6.2 As a responsible international seller, we are legally bound to provide information the relevant import and export authorities when shipping prints to countries outside of the European Union.
6.3 The payment of any import customs charges, duties and taxes, whether local or international, are the responsibility of the customer.

7. Events Outside of Our Control
7.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this contract that is caused by an event outside our control.
7.2 An event outside of our control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
7.3 If an event outside of our control takes place that affects the performance of our obligations under this contract:
7.3.1 we will contact you as soon as reasonably possible to notify you; and
7.3.2 our obligations under this contract will be suspended and the time for performance of our obligations will be extended for the duration of the event outside of our control. Where the event outside of our control affects our delivery of your print(s) to you, we will arrange a new delivery date with you after the event outside of our control is over.

8. Price of Prints & Delivery
8.1 The prices of the prints will be as quoted on our site. We take all reasonable care to ensure that these prices are correct at the time when the relevant information was entered onto the system. However, if we discover an error in the price of print(s) you ordered, please see clause 8.4 for what happens in this event.
8.2 Prices for our prints may change from time to time, but changes will not affect any order which we have confirmed with a dispatch confirmation.
8.3 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site. To check relevant delivery charges, please refer to the "Shipment" line at checkout, or in the case of bespoke images this can be found on your written quotation.
8.4 It is always possible that, despite our reasonable efforts, some of the prints on our site may be incorrectly priced. If we discover an error in the price of a print you have ordered, we will inform you of this error and we will give you the option of continuing to purchase the print at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the prints to you at the incorrect (lower) price.

9. Print Formats
9.1 Unless stated on your order confirmation and receipt, all Posters and Fine Art prints are delivered as "loose photographs", in a rolled tube with protective packaging.
9.2 Where we have offered framing or mounting, and this option is included on your order confirmation, the print(s) will arrive fully assembled in your chosen format, in a protective shipping container or package.
9.3 You hold sole responsibility for framing or mounting your print(s), including any damage caused during this process as detailed in section 5.

10. Copyright and Ownership
10.1 By purchasing a print from us, you understand that you own a copy of an original photograph as captured by the original creator, Matteo Colombo.
10.2 At no point do you, or will you, own the copyright of any image purchased from us as a print.
10.3 Prints may not be reproduced, copied, shared electronically or used for any commercial purposes without our prior, express, permission and any applicable fee (as determined by us) being paid.
10.4 It is illegal to produce copies of any work which is copyrighted by us, and we reserve the right to request legal assistance to enforce any applicable laws should any breach of copyright be discovered.

11. Payment
11.1 You can pay for prints using our chosen secure credit card gateway, or Paypal.
11.2 Payment for the prints and all applicable delivery charges must be made in advance.
11.3 Upon our sending of your order confirmation by email, this contract is then deemed to be in force and all applicable clauses and terms apply.
11.4 Once delivery of your order has been signed for as accepted, your order and payment are considered complete.

12. Privacy and Data Protection
12.1 We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
12.2 We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organisation, other than as necessary to fulfill your request, e.g. to ship an order.
12.3 Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.
12.4 Your Access to and Control Over Information
12.4.1 You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
12.4.1.1 See what data we have about you, if any.
12.4.1.2 Change/correct any data we have about you.
12.4.1.3 Have us delete any data we have about you.
12.4.1.4 Express any concern you have about our use of your data.
12.5 Security
12.5.1 We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
12.5.2 Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for "https" at the beginning of the address of the web page.
12.5.3 While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing, shipping or service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.


APPENDIX A – “Content License Agreement”
Our Content License Agreement outlines the available licenses, rights and ownership details, and the permitted uses of each license. The document covers the Royalty-free License, standard as well as the Extended License options and the Rights Managed License.
This appendix forms an integral part of the main terms and conditions.
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Please read this Content License Agreement (“Agreement” or “CLA”) carefully before downloading anything from www.matteocolombo.com (“Site”). This Agreement contains information regarding your legal rights, remedies, and obligations and constitutes a binding agreement between Matteo Colombo Travel Photography (“MCTP”) and anyone who makes use of the Site or any Content (“Client”). The Client acknowledges and agrees that by using or paying for any Content from the Site, the Client will be bound by all the terms of this Agreement and the Site terms of use. For any general questions or concerns, please contact support at info@matteocolombo.com. Definitions relevant to this agreement can be found in Section A16.

A1. Ownership and Limited Transfer
The Photographer retains all rights to their Content, including copyright, title, and all other intellectual property rights. The Client agrees that, except for the rights expressly granted by MCTP under this Agreement, no rights in any Content are granted to the Client at any time.
MCTP agrees to a limited transfer of granted rights between a Client authorized to purchase on behalf of another or between a Client and a third party, where the third party is integral to the creation of the final Work (for example, a printer, designer, or social media manager), provided those parties agree to the terms of this Agreement. If you have questions about whether an intended transfer falls within this limited right, please contact info@matteocolombo.com

A2. Types of Licenses
MCTP offers two types of license models: royalty-free ("RF"), and rights-managed ("RM"). Royalty-free does not mean there is no cost for the license. Instead, royalty-free means that the license fee is paid once and there is no need to pay additional royalties if the content is re-used. Royalty-free content is licensed for worldwide, unlimited, perpetual use, and pricing is based on the file size. Rights-managed and rights-ready content is licensed for specific types of use, and pricing is based on factors such as size, placement, duration of use, and geographic distribution
Subject to those restrictions and the rest of the terms of this agreement, the rights granted to you by MCTP are:

A2.1. Royalty Free License (RF)

a. RF Standard License

Subject to all terms of this Agreement, MCTP grants the Client a perpetual, worldwide, non-exclusive, non-transferable, and non-sublicensable license in the Content; and the Client may use the Content in the creation of Works and modify, reproduce, transmit, or display the Content.
Perpetual, meaning there is no expiration or end date on your rights to use the content. Worldwide, meaning content can be used in any geographic territory. Unlimited, meaning content can be used an unlimited number of times. Non-Exclusive, meaning that you do not have exclusive rights to use the content. MCTP can license the same content to other customers. If you would like exclusive rights to use royalty-free content, please contact MCTP to discuss a buy-out
Without the purchase of an Extended License or written permission from MCTP, the Client may not use the Content in a template or on-demand product, or for any other use not expressly granted in this section. For questions regarding use of Content or to clarify use details, MCTP encourages Client to contact info@matteocolombo.com.
The RF Standard License allows use in:
i. advertising, editorial, and promotional projects, up to 250,000 hard copies. This includes but is not limited to promotional materials, product packaging, book covers, presentations, catalogues, magazines, or newspapers;
ii. online, electronic, and mobile publications and applications for an unlimited number of impressions. This includes but is not limited to websites, e-book covers, online album or playlist covers, broadcast media, and mobile application or video game backgrounds or elements where the content is not contributing to the core value; or
iii. any social media platform, but where no modification is made to the photograph or video, an attribution must accompany the social media post with specific mention of the Photographer using the credit line “Matteo Colombo”. MCTP asks that you consider properly embedding Content or limiting the filesize of Content posted to social media as a best practice to protect the artist’s copyright.

b. RF Extended License

A Client may purchase an Extended License to expand upon the usage rights granted in the Standard License, subject to all provisions of this Agreement.
The RF Extended License:
i. Allows Client to make an unlimited number of hard copies of items described in Section A2.1(a)(i) above; and unlimited copies of hard copy prints, posters and other reproductions for personal use, and for business use, resale, license, or other distribution.
ii. Allows for incorporation of Content or derivatives into products intended for resale or other distribution (including, in some cases, when distributed for free) where Content provides the core value of the product. Such products include, but are not limited to, posters, calendars, stationery items, e-cards, on-demand products both tangible and electronic, photo books, stickers, mugs, apparel, artwork, screensavers or wallpapers (including mobile), templates (including but not limited to turn-key websites, pre-formatted emails or newsletters, or blog or CMS themes).

A2.2. Rights Managed License (RM)

Subject to all terms of this Agreement, MCTP grants the Client a limited, non-exclusive, non-transferable, and non-sublicensable license in the Content; and the Client may use the Content in the creation of Works and modify, reproduce, transmit, or display the Content.
Limited to the specific use, medium, period of time, print run, placement, size of content, and territory selected, and any other restrictions that accompany the content on the MCTP website (or any other method of content delivery) or in an order confirmation or invoice. Non-Exclusive, meaning that, unless otherwise indicated on the website, your invoice, sales order or separate agreement, you do not have exclusive rights to use the content. MCTP can license the same content to other customers. Exclusive licenses may be available for rights-managed content as further set out on the website.

A3. Restrictions on Use
Without limiting any previously mentioned restrictions, the Client acknowledges and agrees that they will not do any of the following, unless Client has contacted info@matteocolombo.com and arranged specific terms in writing and signed by both parties:
a. sell, sublicense, assign, convey, share, or transfer any Content, in whole or in part, or rights thereto to any person or entity except as expressly permitted under this Agreement; or
b. sell or distribute Content or Work containing Content in any way that allows the Content to be extracted, accessed, or downloaded as a stand-alone file; or
c. use, reproduce, distribute, or display the Content in a way that is considered by MCTP or under applicable law, to be considered pornographic, obscene, infringing, or defamatory in nature or that would be reasonably likely to bring any person or property reflected in the Content into disrepute; or
d. in case of Royalty Free license, without the purchase of an Extended License, use Content in a print run over 250,000 copies; or use, reproduce, or distribute the Content in connection with any goods or services intended for resale or distribution where primary value lies in the Content itself; or
e. incorporate the Content into a trade, design, or service mark; business name; or logo; or
f. make use of any audio that may, in some circumstances, accompany video content; or
g. take any action in connection with the Content that violates any law, regulation or statute in an applicable jurisdiction; or
h. post Content that has not been altered on social media or use the Content in an editorial manner without the credit “Matteo Colombo” adjacent to the Content in print or in credits for audio/visual productions, including a link to www.matteocolombo.com where technically feasible; or
i. use Content in any way that suggests or implies that any individual in the Content is personally endorsing any product, service, idea, or site, including but not limited to attributing quotes to or creating fake online profiles for an individual including promotion or marketing materials (for example, on political materials or dating apps); or
j. use the Content that includes an identifiable model in connection with a subject that would be unflattering, embarrassing, or unduly controversial to a reasonable person, without Client accompanying each use with a conspicuous statement that indicates that (i) the Content is being used for illustrative purposes only; and (ii) that the person depicted is a model. Such subjects include but are not limited to medical issues, menstruation, relationship concerns; or
k. use any Content that includes an identifiable model in a manner that depicts such person in a potentially sensitive subject matter; including, but not limited to actual or implied sexual activity, substance abuse and recovery, sexually transmitted infections, mental health concerns and disorders, abuse, abortion, promotion of tobacco use, or any implication that the model engages in activity that is immoral or illegal.

A4. Releases
a. Each asset detail page lists the type of releases available for that asset.
b. Model and property releases are available to clients upon request, but all identifying information will be redacted to protect private information.

A5. Taxes
Client is responsible for any and all applicable taxes, customs, or duties imposed by any jurisdiction as a result of any license purchased by Client.

A6. Payments and Pricing
a. Current pricing information may be found on www.matteocolombo.com
b. Payment for the prints and all applicable delivery charges must be made in advance.
c. Failure to pay will be considered a material breach of this Agreement.
d. Any invoice paid constitutes a binding agreement with MCTP.

A7. Refund Policy
a. We stand behind our products and your satisfaction with them is important to us. However, because for the products that are digital goods and delivered via Internet download we generally offer no refunds.
b. If you change your mind about your purchase and you have not downloaded our product, we will happily issue you a refund upon your request.
c. Refund requests made after you have downloaded our product are handled on a case by case basis and are issued at our sole discretion. Refund requests, if any, must be made within thirty (30) days of your original purchase.

A8. Warranties and Disclaimers
a. Subject to all terms and conditions contained in this Agreement, MCTP represents and warrants that, to the best of its knowledge, the use by the Client of the Content as provided and as authorized in this Agreement will not infringe or violate the intellectual property rights, publicity rights, or privacy rights of any third party.
b. MCTP does not hold licenses for any audio tracks that may, in rare circumstances, accompany video Content. The Client has no rights to use such tracks.
c. Except as set forth in this Agreement, the Content is provided “as is” and MCTP makes no further representations or warranties as to the Content, including as to the accuracy of titles and descriptions.

A9. Indemnification and Limitations
a. Subject to the provisions below, the Client agrees to defend, indemnify, and hold MCTP and its subsidiaries, commonly owned or controlled affiliates, and their respective officers, directors, employees, members, contractors, owners, agents, representatives, licensors, and (sub)licensees (collectively, “Indemnitees”) harmless from all claims, damages, liabilities and expenses (including reasonable legal fees) arising from:
i. the Client’s breach of any warranties or obligations under this Agreement, and
ii. from any and all uses of the Content by the Client resulting from the Client’s modification of the Content, the combination of the Content with any other work(s), and the context in which the Content is used.
b. Subject to the provisions below, MCTP agrees to defend, indemnify and hold Client and its subsidiaries, commonly owned or controlled affiliates, and their respective officers, directors, and employees harmless from all claims, damages, liabilities, and expenses (including reasonable legal fees) arising from a breach of the representations and warranties set forth above. This section will not apply if the use and/or distribution by the Client of the Content has at any time not been in accordance with the terms and conditions of this Agreement or if the Client is otherwise in breach of this Agreement.
c. Each party’s indemnity obligations are conditioned on the indemnified party
i. promptly providing the other party with written notice of any claim or threat of a claim;
ii. giving the indemnifying party control of any defense or settlement, provided that the indemnifying party will not make any settlement that imposes any material obligation on the indemnified party without prior written agreement of the indemnified party.
iii. cooperating fully with the indemnifying party in the defense of any such claim or matter, including production of all reasonable related information.
d. Except for any liability which cannot by law be excluded or limited, in no event will the Indemnitees’ total liability to the Client arising from this Agreement, or the use of any Content licensed hereunder, exceed ten thousand Euro ( EUR 10,000.00) regardless of the number or type of claims and regardless of the number of times that the Client licenses the same content from MCTP. The foregoing exclusions and limitations are applicable notwithstanding any failure of essential purpose.
e. The foregoing states the entire obligation of MCTP and the other Indemnitees, and the sole remedy of the Client, with respect to any breach of the representations and warranties above. This indemnity section will survive the termination of this Agreement.

A10. Termination
MCTP may terminate this Agreement at any time without notice if Client fails to comply with any provision of this Agreement. Upon termination, Client must cease use of any Content and delete Content from any of Client’s computers or systems. MCTP realizes that in some cases, removal of content will not be possible. Termination will only be used as a last resort.

A11. Governing Law
By downloading and using Content, Client acknowledges and agrees that this Agreement and all matters related to use of the Site and/or the Content and all actions and disputes arising from or relating to this Agreement will be construed and governed by the laws of Italy, unless the Client has negotiated otherwise.

A12. Severability
If any provision contained in this Agreement is found to be invalid, illegal, or unenforceable in any respect; the validity, legality, and enforceability of the remaining provisions will not be affected. Such provisions will be revised only to the extent necessary to make them enforceable.

A13. Waiver
No action by MCTP, other than express written waiver, may be construed as a waiver of any provision of this Agreement. No action by Client, other than express written waiver approved, in writing, by MCTP, may be construed as a waiver of any provision of this Agreement.

A14. Changes
MCTP reserves the right to modify these terms as needed from time to time. Unless MCTP determines a change alters the material understanding of how the Client may use the Content, MCTP will not be obligated to notify Client of minor changes.

A15. Entire Agreement
This Agreement contains all the terms of the license agreement and no terms or conditions may be added or deleted unless made in writing and signed by an authorized representative of each party. In the event of any inconsistency between the terms contained herein and the terms contained on any purchase order or other writing sent by the Client, the terms of this Agreement will govern.

A16. Definitions
a. Agreement: this Content License Agreement, which governs the licensing and use of any Content available on the Site or otherwise affiliated with MCTP, and which may only be modified by an agreement in writing and signed by both MCTP and the Client;
b. Asset: any single photograph, video, or other digital media available to license from the Site or through MCTP directly;
c. Asset Detail Page: a page on the Site showing one asset and that asset’s details, including title, description, keywords, presence of any releases, and all other asset-specific material;
d. Client: any individual, entity, or agency using the Site to purchase sublicenses for Content;
e. Content: a collective term that includes any or all of the individual assets making up the MCTP collection;
f. Editorial: any content used for a non-commercial purpose, such as to provide context or illustrate an idea; often found in newspapers and blogs. All Content from MCTP may be used editorially;
g. License: payment in exchange for limited use of a copyrighted asset;
h. Promotional: not intended for sale, sublicensing, or other form of distribution in exchange for payment;
i. Resale/Distribution: the sale or distribution of any item or object that makes use of licensed Content as primary content;
j. Royalty Free: a licensing category where a Client pays a one-time fee in order to use the Content any number of times. Note that royalty free does not mean use is unrestricted; please see Sections A2 and A3 for details;
k. Site: the website found at www.matteocolombo.com containing Content for license and any affiliated sites;
l. Template: any pre-designed format or structure which may be customized by the individual user by replacing generic elements of the format or structure. Templates include but are not limited to turn-key websites, pre-formatted emails or newsletters, mobile app templates, or blog or CMS themes; and
m. Work: an original, finished product created by a Client and incorporating the licensed Content along with other materials.