GENERAL TERMS AND CONDITIONS OF SERVICE
- GENERAL INFORMATION
This website, www.jgphotostore.com, (hereinafter, the “Website”) is property of CARBON CAT CONSULTING SL, with Fiscal ID Number (NIF) B86457280 and duly registered at the Madrid Business Registry (Registro Mercantil de Madrid). Its record data are as follows: Item 10/1/416 Page 63 Date 30/04/2012, and its contact information is:
Calle Dr. Torres Feced 20 – 25
28770 Colmenar Viejo
Contact phone number: 91 7722676
Contact e-mail: email@example.com
This document (as well as any other document referred to herein) regulates the terms and conditions that govern the use of this Website (www.jgphotostore.com) and the purchase or acquisition of products and/or services therein (hereinafter, the “Terms and Conditions”).
For the purposes of these Terms and Conditions, it is understood that the activity carried out by JG Photo Store through the Website involves:
The online sale of photos to be downloaded in digital format.
Likewise, you are hereby informed that these Terms and Conditions may be modified. Users are responsible for consulting them each time they access, browse and/or use the Website, since the applicable terms and conditions will be those in force at the time of the request for the acquisition of products and/or services.
For any questions the User may have in relation to the Terms and Conditions, please contact the titleholders by using the contact information provided above or, where appropriate, by using the contact form.
Accessing, browsing and using the Website confers the status of user (hereinafter referred to, indistinctly, individually as “User” or collectively as “Users”); therefore, by browsing the Website, all Terms and Conditions set forth herein are thereby accepted, as well as any further modifications, without prejudice to the application of the corresponding mandatory legal regulations, as warranted.
The User is solely responsible for the correct use of the Website. This responsibility will also be applicable:
- To the use of this Website only for legally valid queries and purchases or acquisitions.
- Whenever no false or fraudulent purchases are made. If there are reasonable indications that may lead to believe that a purchase of this nature has been made, it could be voided, and the pertinent authorities would be informed.
- To the provision of true and legal contact information; for instance, e-mail address, postal address and/or other data (see Legal Notice and General Terms and Conditions of Service).
- The photos are protected by the corresponding Author’s rights.
- It is Not authorized its distribution or delivery to third parties.
- It is Not authorized its re-sale.
- You can copy, modify them for one or more uses in presentations, publications, decoration or others.
- We appreciate if you can show Author’s name and reference: Jorge García, www.jgphotostore.com.
- The sale of these photos does Not include the cession of Author’s rights which in any case, will remain with the Author.
The User hereby declares that he/she is at least 18 years old and has the legal capacity to execute contracts through this Website.
The User may formalize, at his/her option, the purchase agreement with JG Photo Store for the desired products and/or services in any of the languages in which these Terms and Conditions are available in this Website.
- PURCHASE OR ACQUISITION PROCESS
Users may make purchases in the Website through the established means and forms. They must follow the online purchase and/or acquisition procedure of www.jgphotostore.com, during which several products and/or services may be selected and added to the cart, basket, or final purchase slot and, lastly, click on “Checkout”.
Likewise, Users shall complete and/or verify the information requested in each step; however, during the purchase process, before making payment, purchase data may be modified.
Subsequently, the User will receive an e-mail confirming that JG Photo Store has received his/her purchase and/or service order or request, that is, the order confirmation. And, in that case, the User will also be notified via e-mail when his/her purchase is being sent.
Once the purchase procedure has ended, the User agrees that the Website will create an electronic invoice which will be sent to the User via e-mail. Likewise, if desired, the User may obtain a hard copy of his/her invoice, by requesting it from JG Photo Store using the contact options of the Website or via the contact information provided above.
The User acknowledges that he/she is aware, at the time of the purchase, of certain particular sales terms concerning the product and/or service in question which are shown beside the presentation or, where appropriate, in an image thereof in its Website, indicating, for informative purposes, not exhaustively and thus not limited to, and addressing, in each case: name, price, size, quantity, color, product details or characteristics, form in which they will be performed and/or cost of the service; and the User acknowledges that filing a purchase or acquisition order materializes the full and complete acceptance of the particular sales terms applicable to each case.
All purchase orders received by JG Photo Store through the Website are subject to the availability of the products and/or to the non-existence of any circumstance or force majeure cause (clause nine of these Terms and Conditions) which may affect the supply thereof and/or the provision of the services. If any difficulties arise for the supply of the products or no products are available in stock, JG Photo Store undertakes to contact the User and reimburse any amounts which may have been credited as payment. This will be equally applicable to the cases where the provision of a service becomes unfeasible.
- PRICES AND PAYMENT
Prices shown in the Website are final, in Euros (€), and they include taxes, unless due to legal requirements, particularly in relation to the VAT, a different treatment is indicated and applied.
Shipping expenses are included in the final prices of the products, as shown in the Website. Thus, JG Photo Store carries out the delivery and/or shipping services via file downloads.
In no case will the Website automatically add extra costs to the price of a product or service, other than those voluntarily and freely selected and chosen by the User.
Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.
The accepted payment methods will be: Credit Card or Debit Card.
JG Photo Store uses all means to ensure the confidentiality and security of the payment information transmitted by the User during the transactions via the Website. As such, the Website uses a secure SSL (Secure Socket Layer) payment system.
Credit cards will be subject to verification and authorization by the issuing banking entities; if such entity does not authorize payment, JG Photo Store will not be liable for any delay or non-delivery and will not able to formalize any contract with the User.
Once JG Photo Store receives a purchase order from the User through the Website, a pre-authorization of the corresponding card will be processed to ensure there are enough funds available to complete the transaction. The charge to the card will be made upon sending a delivery confirmation and/or service provision confirmation to the User.
In any case, by clicking on “Checkout”, the User confirms that the means of payment used is his/hers.
The purchase order consisting of the products listed on each purchase confirmation will be delivered within the deadline stated in the Website and, in any case, within a maximum period of 48 hours as of the order confirmation date.
If, due to any reason attributable to JG Photo Store, it may not meet the delivery deadline, JG Photo Store will contact the User to inform him/her about this circumstance, and the User may choose to carry on with the purchase establishing a new delivery date, or to cancel the order by receiving full reimbursement of the price paid.
For the purposes of these Terms and Conditions, delivery will be deemed to have been completed or the order has been delivered at the time when the download of the files is completed by the User.
Risks that may arise from the products will be borne by the User as of product delivery. User acquires the ownership of the products when JG Photo Store receives full payment of all amounts owed in relation to the purchase or acquisition made, or at the time of delivery, if this takes place at a time following full receipt of the payment amount by JG Photo Store.
Pursuant to the provisions set forth in Law 37/1992, dated 28 December, on the Value Added Tax (VAT), purchase orders, for their delivery and/or provision, will be deemed to be localized in the territory where the Spanish VAT is applicable if the delivery address is within the Spanish territory except for Canarias, Ceuta and Melilla. The applicable VAT type will be the one legally in force at each time, based on the specific item involved.
In this same sense, and pursuant to Chapter I, Title V of Directive 2006/112 of the Council dated 28 November 2006, related to the VAT common system, purchase orders will be localized, for their delivery and/or provision, in such member State of the European Union as the address appearing in the purchase order and, therefore, the applicable VAT will be the one in force in such member State.
For orders destined to Canarias, Ceuta and Melilla, deliveries will be exempted from the VAT by applying the provisions set forth in Law 37/1992 and Directive 2006/112, without prejudice to the application of the corresponding taxes and import tariffs pursuant to the regulations in force in each one of these territories. Users must be aware that situations may arise in these territories whereby taxes and custom duties are applied and accrued at destination, pursuant to the regulations in force, and that these could be borne by the User.
For all other locations, other than the above, where purchase orders may be located for their delivery and/or provision, the regulations in force at each moment will be applied; Users should bear in mind that this could lead to the application and accrual of taxes and custom duties at destination, pursuant to the regulations in force at the destination, and that these could be borne by the User. For additional information, Users should contact the customs office at destination.
- TECHNICAL MEANS FOR CORRECTING MISTAKES
Users are advised that in case a mistake is detected after introducing the necessary information to process purchase requests in the Website, Users may modify them by contacting JG Photo Store through the contact links enabled in the Website, and, where appropriate, through contact options enabled to contact customer service, and/or by using the contact information provided in clause one (General information).
In any case, Users, before clicking on “Checkout”, have access to the space, cart or basket where their purchase requests are listed, and they may modify them.
In the cases where a User were to acquire products in or through the titleholder’s Website, he/she is entitled to a series of rights, as listed and described here below:
Right of Withdrawal
Users, as consumers and users, make a purchase at the Website and, therefore are entitled to the right to withdraw that purchase. Nevertheless, they acknowledge being aware of the existence of exceptions to the right of withdrawal, such as those stated in article 103 of the Royal Legislative Decree 1/2007, dated 16 November, whereby approval is given to the combined text of the General Law for the Defense of Consumers and Users and other complementary laws. The provision of a service that the User could contract in this Website is likewise governed thereby, since this same Law states that there will not be a Right of Withdrawal for the Users when the provision of the service has been completely performed, or when it has begun with the explicit consent of the consumer and user, and by acknowledging that he/she is aware that, once the contract has been fully executed by JG Photo Store, he/she will have waived his/her right of withdrawal.
Return of defective products or delivery mistake
This involves all those cases where the User believes that, at the time of delivery, the product does not meet the conditions set forth in the contract or purchase order, and that, therefore, he/she shall immediately contact JG Photo Store and inform about the existing non-conformity (defect/mistake) through the same means or by using the contact information provided in the preceding paragraph (Right of Withdrawal).
The User will then be informed about how to proceed to return the products, and once returned, these will be examined, and the User will be informed, within a reasonable time, if a reimbursement is applicable or, where appropriate, they will be replaced.
Reimbursement for or replacement of the product will be carried out as soon as possible and, in any case, within 14 days after the date on which we send an e-mail confirming that the reimbursement or the replacement of the non-conforming item is applicable.
The amount paid for those products that are returned because of a defect, when it does exist, will be reimbursed in full, including delivery expenses and costs incurred by the User to return the item(s). Reimbursements will be made through the same means of payment used by the User to pay for the purchase.
In any case, the rights recognized for the User as consumer and user in the legislation in force will always prevail.
Users, as consumers and users, are entitled to guarantees for the products they may acquire through this Website, in the terms legally set forth for each kind of product, and therefore JG Photo Store is responsible for the non-conformity of same when stated within two years after the delivery of the product.
In this sense, it is understood that the products are in conformity with the contract provided that: they meet the description made by JG Photo Store and have the qualities presented therein; are fit for the uses to which products of the same type are usually destined; and feature the usual quality and performance for a product of the same type and which may essentially be expected thereof. When this is not so regarding the products delivered to the User, he/she shall proceed as outlined in the paragraph on Return of defective products or delivery mistake. However, some of the products marketed in the Website could present features that are not homogeneous, provided these arise because of the kind of material with which they have been made, and therefore will be part of the individual appearance of the product, and will not be a defect.
On the other hand, there could be the case where the User acquires a product with a third-party brand or a product made by a third party, in the Website. In this case, and if the User considers that the product is defective, he/she also has the chance to contact the brand or manufacturer responsible for the product to inquire how to directly exercise his/her legal right to the guarantee before them during the two years following the delivery of said products. For that purpose, the User must have kept all the information related to the product’s guarantee.
Except for any legal provision to the contrary, JG Photo Store will not accept any liability for the following losses, regardless of their origin:
- any losses not attributable to any default on its part;
- business losses (including losses of profits, revenues, contracts, expected savings, data, goodwill loss, or unnecessary expenses incurred); o for
- any other indirect loss not reasonably foreseeable by both parties at the time when the purchase agreement for the products was formalized by both parties.
Likewise, JG Photo Store also limits its liability in relation to the following cases:
- JG Photo Store applies all measures intended to provide a true view of the product in the Website; however, it is not liable for minimal differences or inaccuracies which may exist due to limited screen resolution, or problems with the browser used, or others of this kind.
- JG Photo Store will act with utmost diligence to provide the product subject to the purchase order to the company in charge of its transportation. However, it is not liable for damages or losses arising from poor performance of the transportation, particularly due to causes such as strikes, roadblocks and, in general, any others common to the sector, that result in delays, losses or theft of the product.
- Technical failures due to unforeseen causes or otherwise, which prevent the normal operation of the service through the internet. Lack of availability of the Website due to maintenance or other causes, which prevent the availability of the service. JG Photo Store provides all means at its disposal to carry out the process for the purchase, payment and shipping/delivery of the products, but nevertheless shall not be liable for causes not attributable to itself, or for unforeseen or force majeure events.
- JG Photo Store will not be liable for improper use and/or wear and tear of the products that have been used by the User. Likewise, JG Photo Store will not be liable for a mistaken return made by the User. It is the User’s responsibility to return the correct product.
- In general, JG Photo Store will not be liable for any default or delay in the performance of any of the obligations undertaken, when said default or delay is due to events beyond its reasonable control, that is, that are due to force majeure, and these may include, but not ne limited to:
- Strike, lockout or other industrial action.
- Civil commotion, riot, invasion, terrorist threat or attack, war (declared or otherwise), or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, collapse, epidemics, or any other natural disaster.
- Impossibility to use trains, vessels, airplanes, motorized transport or other means of transportation, both public or private.
- Impossibility to use public or private telecommunication systems.
- Acts, decrees, legislation, regulations or restrictions by any government or public authority.
Hence, obligations shall be suspended during the period in which the force majeure event persists, and JG Photo Store shall be entitled to an extension of the deadline to fulfill them for a period equal to the duration of the force majeure event. JG Photo Store shall provide all reasonable means to find a solution that will enable it to fulfill its obligations despite the force majeure event.
- WRITTEN COMMUNICATIONS AND NOTICES
By using this Website, the User accepts that most of the communications with JG Photo Store shall be electronic (e-mail or notices posted in the Website).
For contractual purposes, the User agree to use this electronic communication media and acknowledges that any contract, notice, information and any other communication sent electronically by JG Photo Store meet the legal requirements to be deemed as furnished in writing. This condition shall not affect the rights recognized by law to the User.
Users may send notices and/or communicate with JG Photo Store via the contact information provided in these Terms and Conditions and, where appropriate, through the contact links in the Website.
Likewise, except as otherwise provided, JG Photo Store may contact and/or notify the User via his/her e-mail or at the postal address provided by the User.
No waiver or failure to require a specific right or legal action by JG Photo Store for the strict performance by the User of any of his/her obligations shall imply a waiver of other rights or actions arising from a contract or from the Terms and Conditions, nor will it exonerate the User from the fulfillment of his/her obligations.
No waiver by JG Photo Store of any of these Terms and Conditions or of the rights or actions emerging from a contract will take effect, unless explicitly stated as being a waiver and formalized and notified in writing to the User.
If any of these Terms and Conditions were to be declared null and void via firm resolution from a competent authority, all other clauses shall remain in force, without being affected by such declaration of invalidity.
- ENTIRE AGREEMENT
These Terms and Conditions and any document explicitly referred to herein constitute the entire agreement existing between the User and JG Photo Store in relation to the subject of purchase and replace any other prior covenant, agreement or promise agreed orally or in writing by the same parties.
The User and JG Photo Store acknowledge that they have agreed to execute a contract without relying on any representation or promise made by the other party, except for those explicitly stated in these Terms and Conditions.
- DATA PROTECTION
Personal information or data provided by the User to JG Photo Store during a transaction in the Website, shall be treated pursuant to the provisions set forth in the Privacy or Data Protection Policy (contained, as appropriate, in the Legal Notice and General Terms and Conditions of Service). By accessing, browsing and/or using the Website, the User agrees to the treatment of said information and data and declares that all information and data provided are true.
- GOVERNING LAW AND JURISDICTION
Access, browsing and/or use of this Website and the product purchasing contracts through same shall be governed by the Spanish legislation.
Any controversy, problem or disagreement that may arise or may be related to accessing, browsing and/or using the Website, or with the interpretation and execution of these Terms and Conditions, or with the sales contracts between JG Photo Store and the User, shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.
- COMPLAINTS AND CLAIMS
User may submit their complaints, claims, or any other comments they wish to convey to JG Photo Store via the contact information provided at the beginning of these Terms and Conditions (General Information).
Furthermore, JG Photo Store has official claim forms available for consumers and users, which they can request from JG Photo Store at any time, using the contact information provided at the beginning of these Terms and Conditions (General Information).
Likewise, if a dispute were to arise from the execution of this purchase agreement between JG Photo Store and the User, the User, as consumer, may request an out-of-court dispute resolution, pursuant to Regulation (EU) 524/2013 of the European Parliament and of the Council, dated 21 May 2013, on online dispute resolution for consumer disputes and whereby Regulation (EC) 2006/2004 and Directive 2009/22/EC are modified. This method may be accessed through the following website: http://ec.europa.eu/consumers/odr/.
Latest modification: 31 May 2018