Terms and conditions. To take effect from 1.1.2009

1. Generally
Eurofoto.no is owned and maintained by Eurofoto AS (hereain reffered as EF).
Terms and conditions for the service www.eurofoto.no govern your access to and use of our service (further down in this document), except where written agreements are given.

The terms and conditions also applies to websites where Eurofoto AS provides photoservices.

2. Your submissions/personal confidentiality
Signing up is free and there is no purchase commitments.

Fill out the necessary information while signing up.

To get access to your private online album on www.eurofoto.no, you must register username (valid email address). You must also define your private password.

You may, at any time, change your personal information in your profile.

You may also choose to receive newsletters with information about special offers and new services. While signing up you accept to receive at least one newsletter.

All customers will receive technical messages, these messages contains information/changes that is important for the use of the service. The number of technical messages is limited to a minimum.

You will be sent a newsletter approximately once every month. You may, at any time, change your profile and stop receiving the newsletters.

A customer have the responsibility take care of their username and password in the way we keep pin-code for use with creditcards etc.

All orders confirmed by a customers username/password is considered performed by user, and is the customers responsibility.

EF\'s information about customers are managed confidentially. EF is responsible for all personal information stored during signing up, orders, sharing and uploading of images.

EF will not, under any circumstances sell this information to third parties without the users acceptance. Though, the user do accept that EF sends this information to third parties if the user do not fulfil their payments.The user may, at any time, get knowledge of the information stored about the user at EF. EF follows the Norwegian personal information law §31 and our business is reported to Datatilsynet.

You may, at any time, ask for deletion of your information, online account and all your pictures at EF.

The information will be used as long as you are a customer at EF. It will remain in our system until you delete the information or ask EF to do so.

Your email and password is your user identification at Eurofoto. If you forget your password, you may get a new one by asking for it. This will be sent your email address. You may also contact us on phone 57883500 (m-f 0800-0400).


3. Digital Images
Terms for digital images applies to
a) digital images uploaded to www.eurofoto.no and
b) analog pictures digitalized by EF into high-resolution pictures.
These terms applies only if the images is stored in your album or in a album shared by another user.

Pictures under a) and b) is in the following referred to as images.


3.1. Eurofoto\'s rights, duties and responsibilities
By signing up as a user of the service, the users gives EF permission to download/upload/move the users images from one machine to another within EF\'s production systems so EF can copy and send copies to the user/customer or delivery address given by user.

The user also gives EF permission to send or share, one or several images, to the users list of friends on www.eurofoto.no with the users permission. EF will not send pictures without the customers written or electronical permission.

All rights of the information, content and materials we offer are protected by copyright and other applicable laws. All rights, titles and interests in and to www.eurofoto.no and EF\'s service will remain exclusively the property of EF. These rights do also apply where EF provides their services.

EF will not use any images for marketing purposes except if agreed with user. EF reserves the right to use images sent to our photo contest for marketing purposes, without any compensation beyond given prizes.

EF cannot guarantee that www.eurofoto.no will be available at all times. EF cannot, under any circumstances, be liable for any indirect, incidental, special, punitive or consequential damages for loss of profits, use, data or other loss due to downtime or other failures/errors with our services. EF cannot, under any circumstances, be responsible for any loss due to intentional or voluntary actions done by one of our employees.

EF cannot be held responsible for a users loss of profits if these errors (as mentioned above) occur, and will only cover a customers loss as indicated below.

EF offers unlimited storage of albums/images. EF cannot be held responsible for any loss of images due to deleting or changing the images in a users album.

If images is deleted, by any mistake at EF, EF will only cover the amount the user has paid for scanning/digitalizing the deleted images (only if the images is scanned by EF). EF have no direct responsibility for users loss of profits in addition to third parties.

EF have no responsibility for the content of any users of EF.

Eurofoto AS reserves the right to, at any time, change terms and conditions without further notice to each member of our photo service.

3.2. Storage and safety. Storage fee.

Customers may store their images in their Eurofoto account under the following terms:

a. Images that are uploaded to Eurofoto can be stored the first 90 days for free.
b. The customer that will store images for more than 90 days must either pay a storage fee or purchase a Eurofoto product.
c. After a purchase the customer will get free storage for 12 months. Though there will be no refund for already incurred or paid storage fee.
d. The current storage fee is announced on Eurofoto’s webpages.
e. If the customer within 90 days does not pay storage fee or purchase a Eurofoto product, the images will be made inaccessible and put into quarantine.
f. The quarantine period is 180 days.
g. During the quarantine period the customer may have the images accessible again by paying a reset fee.
h. After the quarantine period the images will be deleted.
i. The obligation to pay storage fee, or make a purchase, does also apply to prolonged storage of images that were uploaded before the storage fee regulation was introduced.
EF offers all users free storage of their digital pictures. EF guaranties that all images is saved secured and password protected, and that all images is treated confidentially by authorized personal at EF. All images have also a back-up copy stored.

3.3. Users rights, duties and responsibilities
When user is signed up, the user may:
a) view images in his/her album
b) change images in his/her album
c)Order copies (or other products) using images from his/her albums/other users album if permission given by user.
d)create MMS using his/her images/other users images if permission given by user
e) transfer images within albums/download images.
f)delete all images in users album

All orders, tranfers and deletions done using costumers username and password, will be concidered ordered by user, and user will be responsible for the order.

EF do not have any responsibilities regarding to deleted images as mentioned in letter f). Due to security reasons, EF may contain a copy of the deleted image up to 180 days after deletion is ordered by user.

A customer signed up as an user on EF\'s services is responsible for all content of his/her album on www.eurofoto.no or other sites provided by EF. Under these terms, you agree that you will not post, place or upload any of the following material or obtain such material using EF\'s services that is:
a) illegal by laws of Norway or/and
b) any threatening , defamatory, abusive, obscene, pornographic, racist or inappropriate material or any material that could rise to any civil or criminal liability under applicable law.
c)files that contains viruses or programs ment to harm or gather information.

By violating one or several of the mentioned terms in this section, EF may, at any time, terminate your permission to use the services. EF reserves the right to delete all information and images. EF may go to legal actions, and personal information and images can/will be provided to the enforcement of law (Police).

Users of the service is expected to own full rights of images submitted, or obtain permission to use any image, before image is uploaded or printed at EF. Users guarantees all rights of images, and it\'s texts, uploaded to EF.

3.4. Duration of costumer relations
The agreement between EF and customer/user starts when the user receives a confirmation with username from EF, to EF receives email or a letter ending our agreement. After receiving such notice, EF will delete all personal information and images as soon as possible, and no longer then 30 days after receiving the termination.

Eurofoto may, at any time, terminate the agreement between user and EF if user do not fulfil their payment commitments to EF or any other commitments are broken.

4. Prizes
The prize of any product, or the prevailing storage fee, is the one that is given in the prize list on www.eurofoto.no the day the user/costumer confirms the order or pays storage fee. All prizes are in Norwegian kroner and taxes are included.

Customers receiving free pictures when signing up as a member of the service, will have these pictures available for 12 months after last login.

On all orders, including free picture orders, will distribution and administration fee be added. Prices will be shown before closing the order.

EF reserves the right to, at any time, change the prizes. EF reserves ourselves for obviously wrong prized items.

5. Returned goods
The buyer may, at any time, but within 14 days after provider has fulfiled his part, leave the agreement (by law). If the correct forms are not received from provider, the time limit is extended to 3 months (by law).

The buyer must notice provider if the disclaimer is to be used. The time limit is fulfiled if the notice is sent before the time limit (10 days after delivery). The notice should be written (for proving the time of shipment), but there is no demands to the notice.

If the terms of the disclaimer is fulfiled, the provider must retransfer all actual costs. The buyer must take the expences sending their images/gifts/cameras/etc back to EF. EF cannot, at any time, be responsible for material injured or damaged during transport.

The buyer will have the opportunity to see and investigate any product before he/she decides to fulfil the agreement.

We demand that any merchandise will be sent back in the same condition as received, preferable in it\'s original package.

There\'s no disclaimer warranty or rights on special designed pictures or photogifts.

6. Reclaims
If received merchandise have errors/failures or any other defects, buyer may under certain conditions, act as shown in jfr. kjl.§§ 30 flg (suspend payment, redelivery, compensation etc). Buyer must fulfil these actions before a set time limit. The limit of reclaims is usually 2 years after the buyer receives the merchandise, but this limit may be extended if the merchandise, or parts of the merchandise, is intended to remain intact more then 2 years, to 5 years. Under ordinary circumstances, these rules goes for cameras with a prize of more then NOK 500,- and Henzo photo albums.

Buyer have to give provider a notice within reasonable time after buyer have discovered the fault or should have discovered the fault. The notice can be written or oral, but should be written. The notice must contain which action buyer wishes to carry out. Reclaims considering faults on merchandise, or parts of merchandise, provider – here Eurofoto- will carry all costs related to the purchase, including the costs of returning the goods.

7. Terms of payments
For purchases under NOK 1000,-, we usually send an invoice with the goods. For goods over NOK 1000,- we usually send this as special delivery and buyer must go to the post office to pay and pick up the goods. You may track and trace all goods sent as special delivery.

Payment due is ten (10) days. The payment due runs from the date invoice is created.
If payment is not received within resonable time, a reminder will be sent with extra costs of NOK54,-. If this invoice is not payed, we will send all our demands to our debt-collecting agency. All inquiries regarding their bill for collection must be sent their office, not EF.

All products and merchandise is EF\'s property until full payment is done.
EF reserves the right to send all goods as special delivery.
Only persons which is 18 years of age or older may use our services for purchases.

An order is committed to the user when confirmed on our site. As soon as an order is registered in EF\'s database, the user will receive an automatic email confirming that EF have received the order. Users commit to check their email reguarly after an order is confirmed. If you do not receive an order confirmation, please contact us on post@eurofoto.no

8. Delivery
All fake orders, abuse and fraud attempts can/will be reported to the enforcement of law (Police).

Usually it takes 2-5 days from the order is confirmed to customer receives the parcels, depending on town and the mail service. Orders (like enlargements) that doesn't fit the mail box and/or the order is within EF's special delivery rules, the customer must pick up the parcels at the local post office.

Parcels not picked up at the mail office will be supplemented with a fee (usually the costs of returning the goods).
If the order contains several products, EF reserves the right to send the order in several parcels.

All our orders is shipped as First Class mail or as Special delivery.If the parcel is not received within seven (7) working days from shipment confirmation, the customer must contact EF at post@eurofoto.no or call 57883500. EF will then try to trace the shipment. Customer must also contact their local post office. If the shipment is missing, EF will, if possible, send replacement products to the buyer.

9. Damaged shipments/parcels
EF do not have any responsibility for errors, delays or damage that happens with the goods during delivery except the demands set out above.

10. Disagreements
All disagreements between buyer and provider (EF) shall be treated in the court of justice in Nordfjord, Norway.