Wanapix

User Agreement | Terms of Purchase

WEBSITE TERMS OF USE AND CONTRACTING.

1. Pre-contractual information

Our website sells to CONSUMERS AND USERS.

Everything set out in these terms governs our contractual relationship and is written with complete transparency. If any term is unclear and you do not fully understand it, please let us know immediately so that we can expand upon or explain it, enabling you to understand it perfectly.

In compliance with Art. 97 of Royal Legislative Decree (RDL) 1/2007 of 16 November, on Consumers and Users, you are shown the legal and mandatory information that we must provide prior to entering into a distance sales contract on our website. We provide this information by displaying products on our site along with specifications, and also through the general and specific information contained in this text.

“Article 97. Pre-contractual information for distance contracts and contracts concluded away from business premises.”

1. Before the consumer and user is bound by any distance contract or contract concluded away from the business premises, or any corresponding offer, the trader shall provide, in a clear and comprehensible manner—paying special attention in the case of vulnerable consumers, to whom information shall be provided in suitable, accessible and understandable formats—the following information:

  1. The main characteristics of the goods or services, to the appropriate extent relative to the medium used and the goods or services concerned.
  2. The identity of the trader, including their trading name.
  3. The trader’s full business address, telephone number and email address. Likewise, where the trader provides other online means of communication ensuring that the consumer can maintain any kind of written correspondence, including the date and time thereof, with the trader on a durable medium, the information shall also include details of those other means. All such means of communication provided by the trader shall enable the consumer to contact and communicate with the trader quickly and efficiently. Where appropriate, the trader shall also provide the full address and identity of the trader on whose behalf they act.
  4. Where different from the address supplied under point c), the full address of the trader’s head office and, where appropriate, that of the trader on whose behalf they act, to which the consumer may address complaints.
  5. The total price of the goods or services, including taxes and charges, or, if the price cannot reasonably be calculated in advance due to the nature of the goods or services, the manner in which the price is determined, as well as, where applicable, all additional costs of transport, delivery or postal charges and any other costs or, where such costs cannot reasonably be calculated in advance, the fact that such additional costs may be payable. In the case of an open-ended contract or a contract including a subscription, the price shall include the total costs per billing period. Where such contracts are charged at a fixed rate, the total price shall also mean the total monthly costs. Where it is not possible reasonably to calculate the total cost in advance, the manner in which the price is determined shall be stated precisely.
  6. Where applicable, that the price has been personalised on the basis of automated decision-making.
  7. The cost of using distance communication techniques for the conclusion of the contract, where such cost is calculated on a basis other than the basic rate.
  8. Payment, delivery and performance procedures, the date on which the trader undertakes to deliver the goods or to perform the services, and, where applicable, the trader’s complaints-handling system.
  9. The language(s) in which the contract may be concluded, where different from the language in which the pre-contractual information is provided.
  10. Where a right of withdrawal exists, the conditions, time limit and procedures for exercising that right, as well as the model withdrawal form.
  11. Where applicable, the indication that the consumer will have to bear the cost of returning the goods in the event of withdrawal and, for distance contracts, where the goods, by their nature, cannot normally be returned by post, the cost of returning them.
  12. Where the consumer exercises the right of withdrawal after making a request pursuant to Article 98.8 or Article 99.3, information that in such a case the consumer shall be liable to pay the trader reasonable costs in accordance with Article 108.3.
  13. Where, pursuant to Article 103, the right of withdrawal does not apply, the information that the consumer does not have such a right, or the circumstances in which the consumer loses the right when it does apply.
  14. A reminder of the existence of a legal guarantee of conformity for goods, digital content or digital services.
  15. Where applicable, the existence of after-sales consumer assistance, after-sales services and commercial guarantees, as well as their conditions.
  16. The existence of relevant codes of conduct and how copies may be obtained, where applicable. For this purpose, “code of conduct” means an agreement or set of rules not imposed by legal, regulatory or administrative provisions, defining the behaviour of traders who undertake to comply with the code regarding one or more commercial practices or economic sectors.
  17. The duration of the contract, where applicable, or, if the contract is of indeterminate duration or is extended automatically, the conditions for terminating it.
  18. Where applicable, the minimum duration of the consumer’s obligations under the contract.
  19. Where applicable, the existence and conditions of deposits or other financial guarantees which the consumer is required to pay or provide at the trader’s request.
  20. Where applicable, the functionality of goods with digital elements, digital content or digital services, including applicable technical protection measures.
  21. Where applicable, any relevant compatibility and interoperability of goods with digital elements, digital content or digital services known to the trader or which the trader can reasonably be expected to know.
  22. Where applicable, the possibility of recourse to an out-of-court dispute resolution mechanism to which the trader is subject and the methods for accessing it.

2. Paragraph 1 shall also apply to contracts for the supply of water, gas, electricity—when not packaged for sale in a limited volume or set quantities—district heating and digital content not supplied on a tangible medium.

3. In public auctions, the information referred to in paragraph 1(b), (c) and (d) may be replaced by equivalent details of the auctioneer.

4. The information referred to in paragraph 1(j), (k) and (l) may be provided through the consumer information model document on withdrawal set out in Part A of Annex I. The trader shall be deemed to have fulfilled the information requirements in paragraph 1(j), (k) and (l) where such information has been provided correctly completed.

5. The information referred to in paragraph 1 shall form an integral part of the distance contract or the contract concluded away from the business premises and shall not be altered unless the parties expressly agree otherwise. It shall be for the trader to prove proper compliance with their information duties and, where appropriate, the express agreement regarding the content of the information provided before the contract is concluded.

6. If the trader fails to comply with the information requirements concerning additional charges or other costs referred to in paragraph 1(e), or concerning the costs of returning the goods referred to in paragraph 1(k), the consumer shall not be obliged to bear such charges or costs.

7. The information requirements laid down in this chapter shall be understood as additional to the requirements set out in Law 17/2009 of 23 November on the free access to and exercise of service activities, and in Law 34/2002 of 11 July on information society services and electronic commerce.

Without prejudice to the foregoing, if a general or sector-specific provision on the provision of services, including information society services and electronic commerce, relating to the content or to the way in which information must be provided conflicts with any provision of this law, this law shall prevail, without prejudice to sector-specific provisions deriving from European Union law prevailing and being of preferential application for those aspects expressly provided therein.

8. The burden of proof relating to compliance with the information requirements laid down in this article shall lie with the trader.”

In strict compliance with the requirements of current legislation, we have drafted the following GENERAL TERMS AND SPECIFIC TERMS.

2. General Terms

The ownership of this website belongs to:

Corporate name: FOTICOS S.L.

Tax ID (NIF): B50139120

Registered office: CARRETERA VALENCIA KM. 7,200 50410 - CUARTE DE HUERVA (Zaragoza)

Email address: website contact form.

The terms of this document govern the relationship between the company owning the website (see Legal Notice and Privacy Policy) and you, who acquires the status of CLIENT at the time you choose one of our products, personalise it, complete a form with your details and make payment using your chosen method. At that moment, you become a CLIENT.

To proceed with the purchase, you must REGISTER and create an account with us, which provides certain benefits for your purchases. For future purchases you can access it by entering your USERNAME and PASSWORD.

Important definitions:

USER – The visitor who enters the website but does not register; only the Cookies Policy applies insofar as cookies are necessary to use the site’s services. One may also be a user when requesting information without making any purchase on the website.

CLIENT – The visitor who enters or visits any of FOTICOS S.L.’s web pages and proceeds to register using the forms provided to make a purchase via the website, and provides banking details to complete the purchase. The client may register by creating an account, which can provide faster purchasing and benefits (discounts, offers).

VULNERABLE CONSUMER: those natural persons who, individually or collectively, due to their personal, economic, educational or social characteristics, needs or circumstances—whether territorially, sectorally or temporarily—are in a special situation of subordination, defencelessness or lack of protection that prevents them from exercising their consumer rights on equal terms.

PERSONALISED ORDERS BASED ON PHOTOGRAPHS – Orders with photos are manufactured using the image provided by the user, in the same position, quality, resolution and measurements. The user is responsible for ensuring that the image(s) uploaded when placing the order meet suitable requirements for correct production. In relation to these definitions, these terms of use and terms of sale via the websites have been drafted, and are intended for final consumers.

In compliance with Law 4/2022 of 25 February, you are informed that if you consider yourself a VULNERABLE CONSUMER, please inform us immediately so that we can expand, in writing or by telephone, any information in these terms that is unclear to you.

1 - Introduction

These contracting terms have been drafted taking into account the European Consumer Rights Directive (2011/83/EU) of 25 October 2011, as well as Directive 2002/58/EC on privacy and electronic commerce, transposed in Spain— the former by RDL 1/2007 of 16 November on Consumers and Users and subsequent amendments, and the latter by Law 34/2002 (LSSI-CE). They regulate the relationship between consumers (buyers through our website) and our company as website owner and seller.

The contract governing our relationship is a DISTANCE SALES CONTRACT, regulated by RDL 1/2007 of 16 November on consumers and users.

FOTICOS S.L. may, at any time and without prior notice, modify these General Terms by publishing such modifications on the Portal so that Users may be aware of them before visiting the Portal or purchasing any goods offered on it, thus fulfilling the information duty required by law.

This contract shall be governed by Spanish law, in particular the Law on Consumers and Users, as well as other legislation affecting consumers and users, both national legislation and that of the European Union, which shall apply to matters not provided for in this contract regarding interpretation, validity and performance.

Legislation on Contracting Conditions and the current Directive 2002/58/EC on privacy and electronic commerce, implemented in Spain through Law 34/2002, is also taken into account.

Where certain matters are not regulated herein, the Civil Code shall apply subsidiarily.

The language of these general contracting terms—and which governs what is agreed herein—is SPANISH; any translation made thereof, in the event of discrepancy, shall be resolved according to the Spanish version.

2 - Basic rules for website use by users and clients

As a general, mandatory rule for the website user for these terms—and before the general terms begin—the user/buyer undertakes to:

  • In the event of registering, provide truthful data and keep it up to date, an obligation set out as a principle in Spanish Personal Data Protection Law 3/2018 of 5 December. (See Legal Notice regarding the Privacy Policy).
  • Where the order is for another person, have authorisation to use their data to carry out a purchase in their name, and also to be able to transfer that person’s data in order to deliver what has been purchased for them. (read Legal Notice and Privacy Policy).
  • Not to introduce, store or disseminate on or from the Portal any information or material that is defamatory, libellous, obscene, threatening, xenophobic, incites violence or discrimination on grounds of race, sex, ideology or religion, or in any way violates morality, public order, fundamental rights, public freedoms, honour, privacy or the image of third parties, and, in general, current regulations.
  • Not to introduce, store or disseminate via the Portal any computer programme, data, virus, code, hardware or telecommunications equipment or any other electronic or physical instrument or device that is capable of causing damage to the Portal, to any of the Services, or to any equipment, systems or networks of FOTICOS S.L., any User, its suppliers or, in general, any third party, or that is otherwise capable of causing any kind of alteration or preventing their normal functioning.
  • Not to carry out advertising, promotional or commercial exploitation activities through the Portal; not to use the contents and, in particular, the information obtained through the Portal to send advertising, messages for the purpose of direct sales or for any other commercial purpose, nor to collect or store personal data of third parties.
  • Not to use false identities nor impersonate others in the use of the Portal or in the use or purchase of any Products, including the use, where applicable, of third-party passwords or access keys or in any other way.
  • Not to introduce, store or disseminate through the Portal any content that infringes intellectual property rights, industrial property rights or trade secrets of third parties, nor, in general, any content which they are not legally entitled to make available to third parties.

3. Specific Terms

1. Description of products and services

All products we sell through the website share certain characteristics and common elements regarding quality and materials used. For certain materials, and in compliance with current PRODUCT LABELLING legislation, we indicate THE MATERIALS AND FEATURES ON EACH PRODUCT, as well as recommendations for their use.

2. Personalisation of products, printing photographs on products

Orders placed by users through the website are PERSONALISED and, in most cases, are based on photographs provided by the user to be applied to one of our products.

The quality of the final product, among other factors, takes into account the quality of the photographs that the user adds to the design chosen on the website. This is visualised on a screen, which may also influence the quality of images and, above all, the colours that can technically be displayed.

The website shows an example of how the product would look once the user’s personalisation is applied. The purchasing user must understand that these works are carried out using different techniques such as sublimation, laser printing, engraving and others, and certain materials do not absorb colour in the same way as when printing an image on photographic paper or compared with the colour seen on a monitor.

Our products are made from a wide variety of materials of different nature: ceramic, plastic, textiles (polyester, cotton, etc.), wood, glass, canvas, etc. Therefore, when placing the order, the user accepts and understands that each material may display colour in different ways, varying the hue, contrast, brightness or intensity compared to the colours of the original photograph.

In addition, products may vary slightly over time, depending on external suppliers, changes of materials, etc.

3. Availability of products to be personalised

Products displayed on FOTICOS S.L.’s websites will be available for sale while stocks last.

Offers will be marked as such and will be valid while they appear on your screen. Such offers may be modified or cancelled without prior notice. Offers displayed are not cumulative.

FOTICOS S.L. is not obliged to indemnify the user or third parties for the consequences of using its products, whether direct or indirect damages, as well as any damage to machines and/or materials.

The products we supply are personalised products; that is, we manufacture them using the design, image or photograph that you have previously sent when placing the order. We ask that before clicking CONTINUE, you verify that you have chosen the correct design, because at that point you cannot cancel the product you have requested. If we detect that there may be an error in the personalisation chosen, or that any essential element is missing, we will contact you to inform you.

If at the time of your design and personalisation we do not have the product you want in stock, we will let you know so that you can choose another product to personalise.

4. Applicable prices and offers

4.1 Final price and act of payment. Offers applied to the final price.

The price shown in your purchase is a final price and includes all the items that should appear, applicable taxes, as well as the shipping costs to your address or to the address you have indicated. The act of clicking the purchase button by the customer implies an obligation to pay (in accordance with the Judgment in Case C-400/22, 30 May 2024, ECLI:EU:C:2024:436).

The different types of offers and discounts that appear on the website or that users receive (quantity discounts, promotional codes, etc.) are not cumulative. If a product meets the conditions to benefit from more than one type of discount, the one most favourable to the user will be applied.

4.2 Customs duties in certain countries.

Pursuant to Art. 97.1(e), CUSTOMS DUTIES cannot be known prior to placing your order and included in the price, because they depend on factors we cannot foresee. We inform you that they are not included in the final price and are payable by the customer.

4.3 Invoicing your order.

Once the payment for your order has been made, we will provide you with an invoice including all the items for which you have paid, in compliance with current legislation.

If you wish the invoice to be issued to a company, please let us know and, if your company is located in a European Union country or is non-EU, when placing an order select the option “I want to receive an invoice” and tick the box “I am a company”.

4.4 Shipping costs.

Shipping costs will depend both on the delivery address and the volume of your order. To this end, our company provides you with an up-to-date table at the following link where you can check the costs applied to the final price:

https://wanapix.co.uk/help-center/topic/90

4.5 Delivery times for orders

To adjust the delivery times of your order, and since it is personalised, we provide updated information at this link.

https://wanapix.co.uk/help-center/topic/90

4.6 Incidents in deliveries or the need for re-dispatch.

Our company policy is that our customers are satisfied with their purchases on our websites. Therefore, we make every effort and ask our logistics providers for strong commitment in their work.

Sometimes it happens that the delivery employee cannot locate the recipient at the address indicated by the customer. In this case, they will leave a notice of attempted delivery, so as to follow the instructions given to coordinate a second delivery attempt. Our delivery times are computed at the attempt of this FIRST DELIVERY.

FOTICOS S.L. is not responsible for delays in delivery for reasons beyond our control (parcels lost by the shipping company, poor practices by the courier such as failing to leave a notice or failing to call the recipient). Nor are we responsible for errors by the buyer: incomplete or incorrect address, failure to contact the courier despite having a delivery notice, absence at the time of delivery, etc.

In short, FOTICOS S.L. undertakes that the order will arrive at the delivery address within the stipulated time, at which point the first delivery attempt will be made; however, we cannot control poor practices or errors by the courier or the recipient that cause the delivery not to be successfully completed on the first or subsequent attempts.

OUR COMPANY RETAINS YOUR PRODUCT FOR A LIMITED TIME IN THE EVENT OF RETURN TO OUR FACILITIES.

On occasions, the carrier returns orders to our facilities because the recipient is absent from the postal address indicated on the parcel, or the postal address is incorrectly indicated, and contact has not been possible by any means. In these cases, our company notifies the user of this incident to process a new shipment with the correct postal address confirmed. If the user does not respond to our notices, we keep the parcel at our facilities for up to TWO (2) months. After that period, the parcel is destroyed.

5. Right of withdrawal – Exceptions to the right of withdrawal.

a) Right of Withdrawal (Art. 102 RDL 1/2007 of 16 November)

Consumers and Users have a right of withdrawal of 14 calendar days from receipt of the order, in accordance with the legislation on consumers and users (RDL 1/2007 of 1 April and subsequent amendments). Please check whether your order concerns a product sold personalised for you, as this is an exception to this right. To exercise it, we attach a model in ANNEX I to these terms, and you must send your request through the website contact form.

b) Exceptions to the right of withdrawal (Art. 103 RDL 1/2007 of 16 November)

The right of withdrawal shall not apply to contracts relating to:

  • c) The supply of goods made to the consumer’s specifications or clearly personalised.
  • e) The supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and which were unsealed after delivery.

6. Returns for NON-CONFORMITY.

The product packaging is damaged upon delivery.

We ask that, if the shipping packaging shows any visible defect that may be attributable to a deficiency in transport, you indicate this to the person making the delivery. We also ask that you record it in the system presented by the courier to verify your identity and acceptance by signature. In this way, if damage appears in the product, we can demand the corresponding liabilities from the logistics company.

Subsequently, we ask you—without opening the packaging—to take photographs of it and send them to us so that we can submit them to the logistics company. If the product has any defect that may be attributable to faulty transport, we will be able to provide the appropriate evidence. Please send all the photographs to us as soon as possible via the website contact form.

After our team analyses the information and photographs you have provided, we will indicate how to return the product and how we will proceed (replacement of the product, financial compensation, price reduction or refund of the money via the same payment method you used for the purchase).

Please keep all original packaging and its full original contents, including accessories, guarantees and manuals; otherwise FOTICOS reserves the right to refuse such return.

Damage to the product after opening the packaging (allegedly caused in transport)

As indicated above, if upon opening the packaging any product appears defective or damaged, or in a condition indicating that it is defective, we ask you to take photographs of both the packaging and the product and the opening process. Please send the photographs as soon as possible via the website contact form.

Once our team has analysed the information and photographs you have provided, we will indicate how to return the product and how we will proceed (replacement of the product, financial compensation, price reduction or refund of the money via the same payment method used for the purchase).

Please keep all original packaging and its full original contents, including accessories, guarantees and manuals; otherwise FOTICOS reserves the right to refuse such return.

Returns for defective product attributable to our company.

FOTICOS is committed to product excellence and stands behind the quality of the products it manufactures. Occasionally, manufacturing defects can occur. If you believe your product has a manufacturing defect, please contact us indicating your order number, name and photos of the entire product. You can do this by completing the contact form.

Products damaged as a result of excessive or long-term use are not considered defective. We do not accept claims for breakages or losses if the recipient authorises the shipping company to leave the parcel in exterior areas of the address, or permits delivery to third parties unconnected to the address.

To make a claim for non-conformity with the product purchased, please contact us indicating your order number, the reason for the change and the product. You can do this through the website contact form.

Furthermore, and since the reason may be a defect in the product purchased, we ask you to take photographs of the product, and explicitly of the damage you have detected, and send them to us through the website contact form.

Cancellation of orders placed

If you wish to cancel the order you may request it by contacting us through any of our contact channels. This request will be accepted provided that, at the time the request is received, the product has not begun its manufacturing and personalisation process (see jurisdiction explained in this same section). In the case of telephone contact, the request is deemed received when a FOTICOS S.L. employee answers the call; and in the case of contact by email or other written means, it is deemed received when an employee reads the message, regardless of when the written message was sent.

7. Legal rules regarding Product Personalisation. Copyright, Intellectual or Industrial Property.

To avoid any legal liability of your own, you must follow these important criteria in order to personalise the products we make available. Since you choose the personalisation by providing images to our personalisation system and you verify that everything is correct before manufacture, you must read and understand what we set out here. The first basic rule is to understand that you may incur liability for unauthorised or improper use of photographs and/or images that may be subject to copyright. Likewise for including logos or designs that may already be registered and do not belong to you. Also for personalising messages that violate people’s dignity or may be inappropriate or illegal. The responsibility is yours, not that of the entity owning the website.

To this end, we inform you that:

In compliance with current legislation, and where we detect designs that do not comply with it, we reserve the right to remove any inappropriate language, as well as the use of brand names which, as indicated, may belong to natural or legal persons, informing you that the design provided cannot be reproduced on the chosen product.

That our company shall not be liable in any case for any claim where the design you provide enjoys legitimate rights under intellectual property legislation, or is previously registered as a design or trade mark with any public body, and its owner may bring any claim regarding unauthorised use thereof.

Nor shall we be liable where the design you provide may be contrary to the law or infringe any legal regulation, specifically Art. 13(e), (f) and (g) of Law 20/2003 of 7 July on the Legal Protection of Industrial Design, which governs industrial designs at our registered address.

That texts may be legally punishable under the rules set out in the Criminal Code.

Should any of the facts described be detected, we shall inform you that our service policy is breached and therefore we will not be able to accept your request.

8. Policy on right of admission of orders

FOTICOS S.L. has internal rules and a policy on the right of admission of orders by virtue of which we reserve the right to refuse or cancel orders that do not comply with this internal policy.

This policy consists of the following:

FOTICOS S.L. reserves the right to refuse and cancel orders whose texts or images contain: insults or inappropriate language, offensive or discriminatory content, content that incites violence or glorifies violence, content that may offend or hurt sensibilities, content that violates children’s rights or harms the normal development of children’s personality, content of an explicitly sexual nature or content that may damage the image of FOTICOS, S.L.

The order may be refused or cancelled even after the confirmation email has been sent to the buyer and payment has been made.

In this case, FOTICOS S.L. will notify the buyer of the cancellation of the order and will make a full refund of the amount paid for the order.

9. Payment methods

9.1 Preliminary information on payment security on our website.

PSD2 is the new European directive regulating the provision of payment services and electronic payment transactions. It was transposed into Spanish law by Royal Decree-Law 19/2018. On our websites, it applies to purchases paid by bank card, Bizum or PayPal.

Among the main objectives of PSD2 are enhancing online security and strengthening protection against fraud in banking operations carried out over the internet.

Among the main security measures is the mandatory application of Strong Customer Authentication (SCA) in all e-commerce purchases from 1 January 2021, provided none of the exemptions in the regulation apply. This reinforced authentication requires two factors chosen among: something the user knows (for example, the password), something the user possesses (for example, the mobile phone). A single factor is no longer sufficient; two are required (two-factor authentication or SCA).

In any case, for card payments the secure purchase process depends on the issuing bank, and may consist of the code you receive by SMS plus a second factor, or validation through your bank’s app. Please consult your bank’s procedures to be prepared before making your next purchases.

In section no. 8 of these Terms, we set out advice to avoid fraud situations in online purchase payments in order to prevent fraud in purchases made.

9.2 Payment means on our website.

You can check information on the available payment means at the following link.

10. Taxes applicable to sales through this website

10.1 European Union countries.

Since 1 July 2021, the new VAT regulation for online sales to private individuals between EU countries has been in force, Royal Decree-Law 7/2021 of 27 April (www.boe.es/eli/es/rdl/2021/04/27/7), under which the selling company is obliged to apply the VAT rate of the destination country in the case of sales to private individuals.

10.2 EU territories with specific taxation.

Within Spanish territory, there are two cases where taxes other than VAT apply (the Canary Islands and Ceuta/Melilla). In the case of port charges and/or special taxes such as IGIC, you will be informed in advance of the application of this tax for users resident in the Canary Islands. If you need more information about IGIC in the Canary Islands you can find it at: www.gobiernodecanarias.org/tributos/.

In the Autonomous Cities of Ceuta and Melilla, IPSI (Tax on Production, Services and Imports) applies.

oac.tributosceuta.org/3webc/fichaAsunto.do?simular=1&op=26&asunto_ide=1043

10.3 Other countries.

In the case of sales in non-EU countries, the invoice will not include VAT.

As indicated, CUSTOMS DUTIES that must be paid for the shipment in order to deliver your order to your address shall be borne by the customer, and we will endeavour to include them in the final price before you click BUY. There may be cases, as indicated, where we do not know the exact cost of such duties in advance and cannot include it.

11. Legal guarantee

In accordance with RDL 1/2007 of 16 November, all our products have the legal guarantee regulated and recognised by law for consumers and users. Should you need to invoke this right, you must notify us through the website contact form.

12. Remedy and compensation for damages.

High-quality service to the customer is one of FOTICOS S.L.’s core principles, and therefore FOTICOS S.L. guarantees that the products and services will be carried out in accordance with the terms set out in the description of the offer.

Furthermore, it undertakes to compensate the customer for any defect that is a direct consequence of an improper provision of services, provided it has been caused by FOTICOS S.L. or any of its employees.

Therefore, please understand the following rules:

Whenever the defect consists of a failure or error in the manufacture of the product, the remedy shall consist, as far as possible, in the repair or replacement of the defective product. If repair or replacement is not possible, the customer shall be offered the most favourable technical and economic solution. If the proposals in the preceding sections are not satisfactory, the customer shall have the right to terminate the contract, with a refund in the latter case of the price paid (against the customer’s return of the defective product).

FOTICOS S.L. reserves the right to examine the defects alleged by the customer.

Furthermore, FOTICOS S.L. shall not assume any liability for differences in colour or resolution between the original image and that of the supplied product arising from defective quality of the original image file. Claims based on aesthetic taste shall not constitute a justified reason for any return.

13. Modification of the General Terms

FOTICOS S.L. reserves the right to modify the General Terms in order to improve transparency and to update the products and services offered through FOTICOS S.L.’s websites.

By notifying the General Terms published on FOTICOS S.L.’s website, the duty of notification shall be deemed fulfilled.

14. Applicable law and competent jurisdiction

These General Terms shall be interpreted according to the laws of Spain.

Any dispute relating to the interpretation of these terms shall fall under the exclusive jurisdiction of the Courts of Spain.

Where the buyer is a final consumer, jurisdiction in the event of conflict shall be that determined by law, which is that of the buyer.

15. Establishment adhered to Consumer Arbitration

As a user, you are dealing with a provider that assures you that any disagreements can be resolved through the Consumer Arbitration Board of Aragón (Spain), which is the only one to which FOTICOS is subject.

What is the Consumer Arbitration System?

It is a voluntary, extra-judicial, fast, effective and economical way to resolve disagreements that may arise between the two parties in consumption: the buyer or user and the seller or service provider.

The characteristics of the Consumer Arbitration System are:

  • RAPIDITY, because it is processed in a short period of time. A maximum of 6 months from the formalisation of the Arbitration Agreement.
  • EFFECTIVENESS, because it is resolved by an award or decision, without the need to resort to ordinary judicial proceedings.
  • ECONOMY, because it is free of charge for the parties, who only have to bear the cost of evidence in certain cases.
  • VOLUNTARINESS, because both parties freely adhere to the system to be bound by the decisions.
  • ENFORCEABILITY, because arbitration awards/decisions are binding.

ANNEX I MODEL FORM TO EXERCISE THE RIGHT OF WITHDRAWAL.

(Complete and return this form only if you wish to exercise your right of withdrawal in relation to the contract.)

To:

Corporate name: FOTICOS S.L.

NIF B50139120

Registered office: CARRETERA VALENCIA KM. 7,200 50410 CUARTE DE HUERVA (ZARAGOZA)

[email protected]

I hereby inform you that I wish to exercise the right of withdrawal in relation to my DISTANCE SALES contract for the following goods:

Purchased on: ________________________________________

Order number: ________________________________________

Consumer’s name: ________________________________________

Consumer’s address:

Street / No.: _____________________________ ________

Postcode / Town/City: ________ ___________________________

Country: ________________________________________

Consumer’s signature [Only if this form is notified on paper]

ANNEX II: COMPLAINT FORMS

You can see how to file a complaint in relation to purchases made at our establishment with the Government of Aragón, since our registered office is in the province of Zaragoza.

You can also do so at any OMIC office in your place of residence.

You can use this link:

www.aragon.es/consumo/reclamaciones/hoja-de-reclamaciones

ANNEX III

FOTICOS S.L. ADVICE ON CYBERSECURITY TO HELP MAKE THE INTERNET A SAFE PLACE FOR SHOPPING

We seek proactively to protect and educate our USERS AND CLIENTS, with the aim of protecting all our customers’ data. In this section, we provide some guidance so that you can manage personal information and protect your data. There may be attempts to obtain your data with the intention of committing crime.

We, as a company, have taken all protective measures we must take to safeguard all the data we process and which belongs to you. (See LEGAL NOTICE and PRIVACY POLICY). We strive to prevent any data loss by implementing the technological and physical means at our disposal.

The people who make up our team are periodically trained to comply with information security measures required by law, but we want you, as a customer, to be able to detect any attempt at fraud in an online purchase. For that, we have prepared these definitions and situations that may raise red flags in an online purchase.

Moreover, we periodically review and inform about issues that may occur and that are novel—fraud moves faster than the rules. Therefore, we explain some aspects that improve your security.

Cyber-attacks seek to steal data from IT systems. Phishing is the most common: it aims to impersonate identities to obtain your personal or banking details.

We recommend following these tips to protect your bank card when making payments in online shops.

Protect your identity and help us remain secure. Keep your passwords and personal data private.

Diversity in your passwords is key; do not simplify or unify them, as they will be more vulnerable.

PHISHING

Advice on how to detect PHISHING, provided to reduce any risk in our commercial relationship:

VIA RECEIVED EMAILS

The email received may look similar to ours in logos and colours, so you should verify beforehand whether we are the sender.

If the content of the message indicates urgency in your action, or the language is poorly written, you should always doubt that message.

We always send from our domain, so we ask you to check that the email is sent from that domain.

If the email you receive requests personal data, notify us immediately, and do not enter your data in any link, especially if you are asked for payment details.

VIA TELEPHONE CALLS

We only make commercial calls to customers when strictly necessary, so if at any time you are asked for data you have already provided to us, it may be someone impersonating our staff—do not provide your data.

Do not provide confidential information: usernames, passwords or confirmation codes for digital transactions—never.

Be wary of calls made from an automatic dialling system that plays a recorded emergency message or an error relating to the account or the customer’s details.

If you are in doubt about the origin of a call, do not provide any personal data and contact us through the official channels we make available to you.

Do not download or install applications or programmes from links provided via instant messaging or dictated over a call. This may be a way to access your system, and they may impersonate you and make purchases in your name.

Terms updated in October 2025 and in force from 27 October 2025.