User Agreement | Terms of Purchase
This website (hereinafter, FOTICOS S.L) Terms of Purchase:
This document contains the General Purchase Terms and Conditions. Once the purchase order has been placed, your acceptance as Customer of these General Terms and Conditions is taken as granted, thus entering you into contract with FOTICOS S.L., with VAT reg. no. ES B50139120, as your supplier of goods and services.
Therefore, it is recommended that you read and accept these general terms and conditions and the accompanying legal notice, prior to purchasing any goods or service.
1. PRICES AND SHIPPING. RECEIPT OF ORDER
The prices of the products or services listed on the website are final and thus include the corresponding Value Added Tax (VAT). The different types of offers and discounts that appear on the website or that users receive (quantity discounts, promotional codes, etc.) cannot be combined with each other. If a product fulfils the conditions to benefit from more than one type of discount, the one that most favours the user will be applied.
The purchaser will receive the order at the address given for delivery. The company declines all responsibility for errors in the delivery address provided. In such cases, the purchaser should contact the courier company directly in order to provide them with the correct details for delivery of the order and, where appropriate, assume any additional costs incurred.
The customer is responsible for collecting packages that are not delivered to a specific address or which failed to be delivered because nobody was at home to sign for it. In such cases, the courier company will leave a Collection Notice for you to pick up the package from their nearest offices.
The addressee of the order should reject any package that is open on arrival, as well as any COD order that exceeds the amount of money that appears as the final price on the purchase invoice. We cannot accept responsibility for any contents missing from a package received open on arrival and accepted and signed for by the customer.
The addressee pledges to ensure someone is always available to take delivery or to pick up the goods shortly from the courier company.
The addressee user is responsible for collecting packages not delivered to a home address, except for events beyond the customer's own control and demonstrably attributable to the courier company.
Should the goods be damaged in any way, the recipient must notify us immediately.
We will not be responsible in any circumstances for customs duties of whatever kind (tariffs, EU excise duties or other taxes) that may incur in shipments outside the Iberian Peninsula and the Balearic Islands and/or Spanish territory. Therefore, should such charges be payable, they shall be at the purchaser's expense.
The amounts corresponding to the PLASTIC PACKAGING TAX will not be assumed by Foticos in any case and must always be charged by the importer.
2. REGISTRATION ON MAILING LIST
By completing the order, you agree to us registering you on our mailing list to receive our newsletters, in which we send out special offers, campaigns, news, etc. You may unsubscribe from this mailing list at any time if you so wish with immediate effect. Simply use the link "unsubscribe from list" on any of the newsletters you receive from our company, or send a message from the Contact section of the website.
3. SERVICE PROVISION AND COLLECTION
Your order will be processed as soon as possible. We always make every effort to meet the agreed deadlines. However, the customer is not entitled to any compensation for damages nor to terminate the contract because of a delay in delivery.
4. PAYMENT METHODS, DELIVERY LEAD-TIMES AND SHIPPING ADDRESS
You can pay by credit card, Visa, Mastercard or Paypal
Should you have queries or wish to ask us anything, simply contact us using the contact form.
5. ORDER RETURN POLICY
According to current regulations, the order may be returned within 7 days from receipt of order, provided that the product was defective from source and is returned in its original packaging and has not been used.
Orders with photo images are made from the photographs sent by the user with the same positioning, quality, resolution and size. The user is responsible for ensuring the photo or photos sent when placing the order are suitable for the proper manufacture of the requested product. Please contact us for any queries concerning minimum requirements.
In the event of a return of product DUE TO A FAULT ON OUR PART - by delivering a product that differs from the order or if an item is broken or damaged on arrival, FOTICOS S.L. assumes all shipping costs (such costs are not assumed in the event you wish to add new products to the shipment when changing the original order, as that is considered to be a new purchase).
For returns of any other kind (i.e. not due to a fault on our part), shipping costs shall be borne by the purchaser; as soon as the returned product is received, a refund of the purchase shall be made (excluding shipping) by Money Order made out to the purchaser.
Important
Likewise, the order may be returned and a refund requested within 7 days from receipt of order, provided that the product is defective from source and is returned in its original packaging and has not been used.
Should the change be due to a mistake in the choice of size or colour or any of the product options, the purchaser shall be liable for the costs of returning it to our offices.
Important note: given the personal nature of the orders, and pursuant to article 45 of the Retail Trade Act 7/1996 of 15th January, the Purchaser shall have no right to a refund in the event the goods have been manufactured according to customer's specifications or have been clearly made to measure. Similarly, no right of refund exists in the event of damage from misuse:
"Unless otherwise agreed, the provisions of the previous article (Article 44, Right of Withdrawal) shall not apply to the following contracts:
(...)
b) supply contracts of goods made according to the consumer's specifications or clearly personalised goods or which, by nature, cannot be returned or are liable to deteriorate or expire rapidly."
Sometimes, the delivery company sends us back, the parcels that they have not been able to deliver, because the addressee was not found in the given address or because of a wrong address. In such cases, our company will contact the customer, so that the parcel can be sent again. If the customer does not answer to our messages, we will keep the parcel in our facilities until 6 months. Afterwards, the goods will be destroyed.
In some orders, the purchased product can be shipped in a case, box or packaging adapted to that product. This case or packaging is an element provided for better protection and presentation of the product, but it is not included in the price of the product, so in case of arriving broken or damaged, it will not be replaced, replenished or paid back. Only the personalised product itself can be reproduced or returned in case it fulfills the necessary conditions (printing error, manufacture, etc).
Furthermore, products may vary slightly over time, depending on external suppliers, changes in materials, etc.
6. ORDER ACCEPTANCE POLICY
FOTICOS S.L. has in-house standards and a purchase order acceptance policy, so that we reserve the right to refuse or cancel orders that do not comply with our internal policy.
The policy consists of the following:
FOTICOS S.L. reserves the right to refuse and cancel orders with texts or images that contain:
Insults or unsuitable language
Contents of a prejudicial or discriminatory nature
Contents that incite or foment violence
Contents that may be offensive or hurtful
The order may be refused or cancelled, even when a confirmation e-mail has been sent to the purchaser and payment made.
In such cases, FOTICOS S.L. shall notify the purchaser that the order has been cancelled and will make a full refund of the amount paid.
7. REMEDY AND COMPENSATION FOR DAMAGES
FOTICOS S.L. is extremely proud of its quality customer service and therefore the company guarantees that its products and services will be delivered in accordance with the terms specified in the description of the offer. Furthermore, FOTICOS S.L. also pledges to compensate the customer for any defect that is a direct consequence of improper service provision, whenever such defect has been caused by FOTICOS S.L. or any of its employees. The following rules are therefore understood to apply:
Whenever the defect consists of a fault or error in the manufacture of the product, the remedy shall consist as far as possible of repairing or replacing the defective product. Should repair or replacement of the defective product not be possible, the customer shall be offered the most favourable technical and economical alternative. Were the proposal as per the above sections not be deemed satisfactory, the customer is entitled to cancel the contract, with full refund of the monies paid (after the customer has returned the defective product).
FOTICOS S.L. reserves the right to examine the alleged defects.
In addition, FOTICOS S.L. does not assume any responsibility for differences of resolution or colour between the original photograph and the finished product that may be the result of the defective quality of the original photo. Claims based on aesthetic taste do not warrant any refund of payment.
8. TERMS OF USE
- 8.1 This entire website (texts, photographs, logos, buttons, files, colour scheme, etc.) is protected by the laws of copyright and intellectual property. Any total or partial reproduction of these contents is forbidden without the specific written permission of FOTICOS S.L.
- 8.2 FOTICOS S.L. reserves the right to modify trade offers on its website at any time and without notice.
- 8.3. FOTICOS S.L. cannot guarantee the complete absence of interruptions or errors in accessing the website but will implement all means at its disposal to prevent them.
- 8.4 The customer enters this website voluntarily and of his own free will, so FOTICOS S.L. is not responsible for any consequence or damage that may arise from such access or use of the information contained herein.
9. INTELLECTUAL PROPERTY RIGHTS
The user is responsible for the content of photographs and images sent to be developed into customised gifts and declares he/she is the sole owner of all existing rights on the photos he/she sends us. Furthermore, the user guarantees that no rights of third persons or objects depicted in the pictures are infringed.
10. DESCRIPTION OF PRODUCTS AND SERVICES
- 10.1 The products displayed on this website are available for sale while stocks remain.
- 10.2. Special offers are marked as such and shall be valid while displayed on screen. Such special offers may be modified or cancelled without notice.
- 10.3. FOTICOS S.L. is not required to compensate the user or third parties for any consequences of the use made of their products, whether directly or indirectly, nor for damage to equipment and/or materials.
- 10.4. The products we serve are customised goods, i.e. they are manufactured using the design, image or photograph that has previously been supplied to us when the order was placed.
The purchaser should understand that such processes are carried out using sublimation technology and heat, and certain materials do not absorb colour the same way as if the photo is printed on photographic paper or when compared to the colour seen on screen.
Our products come in a wide variety of materials that differ greatly in nature: ceramics, plastic, textile (polyester, cotton, etc.), wood, glass, canvas, and so on. Therefore, the user accepts and understands when placing the order that all materials reflect colour in different ways and that the hue, contrast, brightness or intensity of the colours may vary from the original photograph.
11. MODIFICATION OF TERMS
FOTICOS S.L. reserves the right to modify these General Terms and Conditions in order to improve the products and services offered through its website.
Notification of changes to these General Terms and Conditions shall be considered dutifully and suitably made when displayed on the website.
12. GOVERNING LAW AND JURISDICTION
These General Terms and Conditions shall be construed in accordance with the laws of Spain. Any dispute concerning the interpretation of these terms and conditions shall be the exclusive jurisdiction of the courts of Spain.