The products and services offered on this website will be provided by Marco Torelli Fotografia (CNPJ 17.070.791/0001-29) or by their representatives, by contracting you agree to these contractual terms. Additional terms may apply which will be tailored to their relevance and will become part of my contract with you.

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website owner, offer and binding Terms

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This site is owned and operated by Marco Torelli Fotografia (CNPJ 17.070.791/0001-29). These Terms sets conditions under which you (customer or visitor) may use our website and services offered by us. This site offers photography services and products like albums, photo printing and more. When you access, use or purchase products and services from this website, you acknowledge that you have read, understood and agree to be bound by these Terms.

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who can use this website and requirements to create an account

 

You must be at least 18 years of age or the legal age of majority in your jurisdiction, and possess the legal authority, right, and freedom to participate in these services and purchase products. You are not permitted to use this website and/or receive services or purchase products if this is prohibited in your country or under any law or regulation applicable to you.

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main commercial terms offered to customers

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When you purchase an item, whether a product or a service, you agree that: (i) you are responsible for reading the entire item listing before committing to purchase it; (ii) you accept this legally binding agreement to purchase an item and when you purchase an item and complete the payment process and (iii) agree that the purchase of the service is not a guarantee of success as force majeure events and personal aspects are involved in the delivery.

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The prices we charge for our products and services are listed and/or estimated on the website, and you will be advised of additional fees that may apply (such as transit and delivery fees). We reserve the right to change our displayed prices at any time and correct pricing errors that may inadvertently occur. Additional pricing and sales tax information is available on the payments page.

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right to change offers

 

We may, without notice, change products and services; cancel to provide the products or services or any features of the services we offer; or create limits for services. We may permanently or temporarily terminate or suspend access to the Services without notice and liability for any reason or no reason. This does not apply to sales/purchases already made or contracts entered into prior to the changes. Services purchased prior to the change, suspension or cancellation will be provided in accordance with your purchase and/or reservation.

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intellectual property, copyright, and logos

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The products and services and all materials contained or transferred therein, including, without limitation, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual property related to them are the exclusive property of Marco Torelli Photography. These Terms do not create a license to Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works. It is not allowed to use any material for advertising or commercial use without authorization and prior acquisition of licenses.

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right to suspend or cancel account or user purchase

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We may permanently or temporarily terminate or suspend your access to or provision of the Service for any reason, including if, in our sole and exclusive determination, you violate any provision of these Terms or any applicable law or regulation. You may discontinue use and request cancellation of your account and/or any service at any time. Subscriptions will only be discontinued after the respective period or cycle for which you have already paid.

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​cancellation, changes, or suspension conditions​

 

You can cancel your purchase within 7 days, in this case you'll be fully refunded considering the service has not been provided. No-show to a scheduled photo session does not entitle you to a refund. After this 7-day period, your request to cancel, change or suspend the date of your previously scheduled session will incur a fine of 30% of the value of your session. This fine must be paid before the new date and time confirmation.

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Cases related to force majeure events and that present a supporting document are entitled to exemption from fines (calamities and natural events can be proven through news and alerts issued by the civil defense or governments).

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Our policy states that delays up to 30 minutes are tolerable as long as they do not compromise other sessions subsequent to yours. We will keep in touch whenever possible to minimize losses or impacts on the service you hired.

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When a session is interrupted or terminated at your discretion, no credits are generated for later use. We recommend that you plan and share your needs and expectations days before your photo shoot.

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indemnity​

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You agree to indemnify and hold Marco Torelli Fotografia harmless from any demands, losses, liabilities, claims, or expenses (including attorneys' fees) made against them by any third party due to, or arising out of, or in connection with your use of the website or any one of the services offered on the website. Even when images are used for advertising or publicity (authorized or not).

limitation of liability

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To the fullest extent permitted by applicable law, under no circumstances will Marco Torelli Fotografia be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including, without limitation, damages for lost profits, goodwill, use of data, or other intangible losses arising out of or related to the use or inability to use the service.

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To the maximum extent permitted by applicable law, Marco Torelli Fotografia assumes no responsibility for any errors (i), errors or inaccuracies of content; (ii) personal injury or property damage of any nature resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

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promotional emails and content

 

You agree to receive promotional messages and materials from time to time by post, email, or any other contact form you may provide to us (including your phone number for calls or text messages). If you do not wish to receive these promotional materials or notices - please simply notify us at any time.​

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law preference and dispute resolution

 

These Terms, the rights and remedies provided herein, and any and all claims and disputes relating thereto or the services, will be governed, interpreted, and enforced in all respects solely and exclusively in accordance with the domestic laws of Brazil, without regard to its conflicts of legal principles. Any and all claims and disputes will be filed, and you consent to them being decided exclusively by a court of competent jurisdiction located in São Paulo. The application of the United Nations Convention on Contracts for the International Sale of Goods and Services is expressly excluded.

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commercial conditions for services and products supply

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Our primary way of exchanging information will always be my electronic address (e-mail). Always detail your needs and expectations, use references, scripts and write by email what will happen on the day of your event or session.

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The reservation only takes place after payment confirmation.

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My team or I commit to arriving at the predetermined location at least 10 minutes prior to the booked time.

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You can extend your photographic coverage depending on availability. The price of the additional time will be equivalent to the value of the hour of your proposal (value of your proposal/total hours contracted) and must be paid before the delivery of the photos. Keep in mind that other events or sessions may be booked shortly after your booked time, so consider booking more hours in advance.

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If I identify any inappropriate, threatening, hostile, discriminatory, or offensive behavior directed at myself or my team, I reserve the right to withhold all fees paid and terminate the contract immediately.

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To request an exclusive contract, for more information or for clarification, please contact us before accepting your proposal.

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images and file delivery

 

All images will be processed and will be delivered to you in 2 versions: high definition and in low definition. You will receive the URLs to access and download the images by email once they are ready. You can choose to receive the files on physical media, additional fees apply.

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The final delivery time of the images varies according to the type of service and the commercial agreement. This period is described on the service page or in your service proposal.

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The images are automatically made available after confirmation of service payment or according to your proposal.

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Save your files as soon as you receive the link by email and report any difficulties or needs as soon as possible. Upon delivery, all files (images, photos, and any other file involving the service) may be deleted at my discretion and at any time without prior notice. We guarantee to keep your files for 30 days after the delivery date. After 30 days the resubmission may be charged considering the cost of keeping and storing, editing, reprocessing, and sending the photos again.

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We are not responsible for backups or guarantee the custody or archiving of the images for a period longer than 30 days from the image delivery to you. Make sure you have downloaded and backed up the images immediately after receiving notification of availability of the photographic files.

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photos and digital files usage

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The images cannot, under any circumstances, be associated with hateful, political, social, or discriminatory speeches.

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The price of my services are also calculated according to image usage license: editorial use (journalistic and purposes that are worthy of media attention) and commercial use (advertisements, publicity, promotion or any use related to generating revenue). The standard contract includes an editorial license, request for a commercial use authorization. When an image, photo, or file is misused, it will be reported and removed immediately without prior notice and may result in a direct lawsuit, subject to the sanctions of the Law.

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When you hire my services, you are agreeing that the photos, images and files can be used in my digital and printed media, including social networks or profiles that I manage and for publicity and advertising of my services.

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To use a photo commercially, you must obtain my permission as well as the permission of the people and places featured in that photo (I am not part of this third party authorization process, you will have to obtain and retain proof of this special permission).

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Image use authorization is between my company and you and does not create any additional rights for you or third parties, such as photo usage, prints, shares, campaigns, social media profiles, advertising, or any other use by companies, brands, or people.

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photo printing, photo album, frames, and store products

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I work with several suppliers and my job is to prepare the digital design of your product, send the final files for printing and assembly according to the characteristics approved by you and deliver it to the address you indicate (when shipping is included).

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Some of these suppliers (national and/or international) work with technical limitations of papers, formats, covers and finishes, so there may be variations in the final product, without prior notice. I will make sure as much as possible about these variations before we authorize production. If the supplier I work with closes its activities or does not offer the same product (sizes and characteristics) approved in its proposal, I will inform you and propose a similar format.

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There is no possibility of canceling the service after starting the digital design. There is no way to reimburse consumed working hours, so it is also not possible to transfer credits or amounts already paid to any other service I offer.

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The album/frame/art construction process involves you, so when I send your product for your approval, I ask you to approve or send your change requests within 07 days from the date of submission of the drawing I prepared. Once we start the construction process, we have 15 days to close the order with the supplier, as he can change his price list, stop operating or change the composition of his products, preventing his product from maintaining the characteristics of the proposal. After making the corrections and changes you requested, I submit a second approval request. The approval process can only contain 2 revisions.

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If my supplier readjusts the printing and shipping costs of your album during the construction of your project, I will let you know and how much is the additional amount you will have to pay to print and ship your album. Most of the time I am not informed in advance about the adjustment of suppliers, but I will give a minimum period of 7 days so that we can complete your project without any financial impact.

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In case of printing photos or files sent by you, the print quality may be compromised. Be sure about the definition and share your expectations and usage so I can advise you.

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I do not install frames, so beware of any damage caused during or after installation, there is no warranty after delivery.

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I work with laboratories, professional printing services, and artisans previously selected by me. Selection and evaluation criteria, as well as contacts and contracts, are confidential.

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delivery policy

 

We use several product delivery services, so the delivery time may vary according to the customer's region and also according to factors that we often have no control over. In general, products delivery takes between 5 and 10 business days after purchase or up to 45 days for photo albums and other handmade products. We recommend that you always check the status of your order and contact us with any questions you may have. If the delivery is not completed, there will be two retries. The product will be returned to us (Marco Torelli Photography) if delivery attempts fail.

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exchange, return and refund policy

 

It is common knowledge that in photo sessions, equipment failure, breakage, robbery or any force majeure event may impact the result of the photography services provided; in this case 100% of the amount paid will be returned to you. You can exchange the products purchased within 15 days of receiving them or return the items within 5 days of delivery, as long as the product is tagged, with all accessories and has not been used. Contact us through our service channels so that we can assess your situation and arrange the exchange or return.

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Refund requests resulting from a return will be forwarded within 10 business days on the credit card or current account with the same ownership as the buyer. The availability of the value will occur in accordance with the rules of the card administrator or customer's bank. Our policy also provides that we keep the customer informed of their refund at all times.

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right to change and modify the Terms

 

We reserve the right to modify these terms from time to time in our sole discretion. Therefore, you should periodically review these pages. Your continued use of the Site or our service after any change constitutes your acceptance of the new Terms. If you do not agree with any of these terms or any future version of the Terms, please do not use or access (or continue to access) the website or service.

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customer support details and contact information

 

Every service provided by Marco Torelli Fotografia will be supported by the company itself, contact information is all over the website and customer support requests will be answered promptly.

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last update: 17/02/2022.

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