Purchase Conditions
Purchase Conditions Fotoskye Studio Purchase Conditions: This document includes the General Contract Conditions. Once the order has been placed, the acceptance by the client of said General Conditions of Contract is assumed, thus concluding a contract between you and your supplier of products and services Fotoskye Studio with NIF 44085760G. Therefore, it is recommended that before purchasing any product or service, you read and accept both these general contracting conditions and the legal note. 1. Prices and delivery, and delivery times The prices of the products or services that appear in Fotoskye Studio are final, so they include the corresponding Value Added Tax (VAT). Discounts from specific offers are not cumulative with quantity discounts, unless specified in the offer itself. If your company is located in a country of the European Union or is outside the community, provide us with your personal data and we will contact you to send you an invoice exempt from this tax. The shipping costs depend on the destination location (costs vary depending on the destination country, as well as in special island areas, areas with extra costs for customs, etc.). In the case of orders with home delivery: If the delivery person, an employee of the transport company that delivers our orders, does not locate anyone at the indicated address, he will leave a notice of passage with instructions on how to make the delivery. Fotoskye Studio is not responsible for delays in delivery for reasons beyond our control: lost packages by the transport company, bad practices by the delivery person (not leaving notice of transit, not calling the recipient). Likewise, we are not responsible for errors on the part of the buyer: incomplete or incorrect address, not contacting the delivery company despite having notice of transit, absences at the time of delivery, etc. In short, Fotoskye Studio undertakes that the order will arrive at the delivery address within the stipulated timeframes, at which time the first delivery attempt will be made to the receiving customer, but we cannot control bad practices or errors on the part of the delivery person or customer. recipient of the order, which cause said delivery to not be completed successfully on the first or successive attempts. 1. NATIONAL EXPORT SHIPMENTS TO THE CANARY ISLANDS, CEUTA AND MELILLA. We send orders to the Canary Islands, Ceuta or Melilla. 2. Provision of the service and collection Your orders will be processed as soon as possible. Every effort will always be made to meet agreed delivery times. 3. Return of an order Due to the personalized nature of the orders, and in compliance with article 45 of Law 7/1996 of January 15 on Retail Trade, the right of return will NOT proceed in the case of those merchandise manufactured according to the specifications of the client or that have been clearly made to measure. There will also be no right of return in the event that the damage is due to misuse: "Unless otherwise agreed, the provisions of the previous article (Article 44, Right of withdrawal) will not be applicable to the following contracts: (.. .) b) Contracts for the supply of goods made according to the consumer's specifications or clearly personalized, or which, by their nature, cannot be returned or may deteriorate or expire quickly." Excluded from this jurisdiction are those returns that derive from an error for which Fotoskye Studio is responsible or from a product defect. In this case, our company undertakes to exchange the defective product for another equal one. You will also be responsible for the return and shipping costs. In the event that the change could not be made, the amount will be refunded. To make a return effective, contact this company using the contact information on the website. In the event of a defective product due to poor management by Fotoskye Studio, we will proceed, as appropriate, to repair, replace, reduce the price or terminate the contract, procedures that will be free for the consumer and user. The seller is responsible for the lack of conformity that is manifested within a period of two years from the delivery. The consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it. There is a legal guarantee of conformity for the goods, the existence and conditions of after-sales services and commercial guarantees. If you want to cancel the order or request a return, you can request it by contacting us through any of our contact channels. This request will be accepted, provided that at the time of receiving the request the product has not begun its manufacturing and customization process (see jurisdiction explained in this point). In the case of telephone contact, it is understood that the request is received at the moment a Fotoskye Studio employee answers the call; and in the case of contact by email or other written means, the request is considered to be received at the moment an employee reads the message, regardless of when said written message was sent. If it is a change due to an error in the choice of size or color or in any of the product options, an error for which the purchasing user is responsible, the user will be responsible for the return shipping costs to our office. Sometimes, the transport company returns to our facilities the orders that they have not been able to deliver, because the recipient of the order is absent from the postal address indicated on the package, or the postal address is incorrectly indicated, and they have not been able to contact by no means. In these cases, our company notifies the user of this incident, to process a new confirmed shipment to the correct postal address. In the event that the user does not respond to our notices, we keep the package at our facilities for a maximum of 3 months. After this period, the package is destroyed. The receiving customer should never accept packages that clearly show damage or tears in the outer packaging. Important note: Orders with a photo are made with the image that the user sends, in the same position, quality, resolution and measurements. The user is responsible for ensuring that the image or images sent when placing the order have adequate requirements for correct manufacturing. For questions about minimum requirements, contact us. 4. Policy of right of admission of orders Fotoskye Studio. has internal rules and a policy on the right of admission of orders, through which we reserve the right to reject or cancel orders that do not comply with this internal policy. This policy consists of the following: Fotoskye Studio reserves the right to reject and cancel orders whose texts or images contain: Insults or inappropriate language Insulting or discriminatory content Content that incites violence or advocates violence Content that may offend and hurt sensibilities Content that violates the rights of children or harms the normal development of the personality of children Content of an explicit sexual nature Content that may damage the image of Fotoskye Studio The order can be rejected or canceled even after receiving the e-mail from confirmation to the buyer, and payment of the order has been made. In this case, Fotoskye Studio will notify the buyer of the cancellation of the order, and will make a full refund of the amount paid for the order. 5. Rectification and compensation for damages. A quality service to the client is one of the maxims of Fotoskye Studio and therefore, Fotoskye Studio. guarantees that the products and services will be executed in accordance with the terms provided in the description of the offer. In addition, it undertakes to compensate the client for any defect that is a direct consequence of an improper provision of services, provided that it has been caused by Fotoskye Studio or any of its employees. Therefore, the following rules are understood: Whenever the defect consists of a failure or error in the manufacture of the product, the rectification will consist, as far as possible, in the repair or replacement of the defective product. In the event that it is not possible to repair or replace the defective product, the customer will be offered the most favorable technical and economic solution. In the event that the proposal in the previous sections is not satisfactory, the customer will have the right to terminate the contract, with a refund in the latter case of the price paid (after the customer returns the defective product). Fotoskye Studio reserves the right to examine the defects alleged by the client. In addition, Fotoskye Studio will not assume any responsibility for differences in color or resolution between the original image and that of the supplied product, caused by a defective quality of the original image file. Claims due to aesthetic taste will not be a justified reason for any return. 6. Conditions of use 6.1 The entirety of this web page (texts, photographs, logos, buttons, files, color combinations, etc.) is protected by intellectual and industrial property laws. The total or partial reproduction of said contents is prohibited without the express written authorization of Fotoskye Studio. 6.2 Fotoskye Studio. reserves the right to modify the commercial offer of the website at any time and without prior notice. 6.3. Fotoskye Studio. cannot guarantee the absence of interruptions or errors in accessing the website, although it will do its best to avoid it. 6.4 The client voluntarily and freely accesses this website, so Fotoskye Studio is not responsible for any consequence, damage or harm that may arise from said access or use of the information contained in Personal Gifts. 7. Intellectual property rights The user is responsible for the content of the images sent for the preparation of personalized gifts, and ensures that he is the sole owner of all rights that exist on the images sent by him. Likewise, the user guarantees that it does not violate the rights of third parties on the people or objects represented in the photos. 8. Description of the products and services 8.1 The products displayed in Personal Gifts will be available for sale while stocks last. 8.2. Offers will be marked as such, and will be valid as long as they appear on your screen. These offers may be modified or canceled without prior notice. 8.3. Fotoskye Studio is not obliged to indemnify the user or third parties for the consequences of the use of its products, whether direct or indirect damage, as well as damage to machines and/or materials. 8.4. The products we serve are personalized products, that is, we manufacture them using the design, image or photograph that you have previously sent us when placing the order. The purchasing user understands that these works are carried out using sublimation and heat techniques, and certain materials do not absorb color in the same way as if it is printed on photographic paper or if we compare it with the color we see through the monitor. Our products are made of a wide variety of different materials, of a different nature: ceramics, plastic, fabrics (polyester, cotton, etc.), wood, glass, canvas, etc. Therefore, the user accepts and understands when placing the order that each material can show the color in different ways, varying the hue, contrast, brightness or intensity of the colors of the original photograph. 9. Modification of the General Conditions Fotoskye Studio reserves the right to modify the General Conditions always in order to improve the products and services offered through Personal Gifts. By notifying the General Conditions displayed on the Personal Gifts website, said duty of notification will be understood as fulfilled. 10. Applicable legislation and competent Jurisdiction These General Conditions will be interpreted in accordance with the Laws of Spain. Any dispute relating to the interpretation of these conditions will be the exclusive jurisdiction of the Courts of Spain. The parties submit, at their choice, for the resolution of conflicts and waiving any other jurisdiction, to the courts and tribunals of the user's domicile. 11. Payment methods Currently, the available payment methods are: Payment by PayPal. Payment by bank transfer. Payment by Bizum Payment by Credit Card