GENERAL TERMS AND CONDITIONS OF SALE AND RETURN

 

1. Introduction
This document (together with all the documents referred to in it) sets out the terms and conditions governing your use of this website (www.marcelodelpozo.com) and your purchase of products from this website (the “Terms”). Please read these Terms and Conditions, our Cookie Policy and our Privacy Policy (together, the “Privacy Policy”) carefully before using this website. By using this website or placing an order through this website, you agree to be bound by these Terms and our Privacy Policy, so if you do not agree to all of the Terms and the Privacy Policy, we advise you not to continue using the website.

Conditions could be modified from time to time. It is your responsibility to read them periodically, since the conditions in force at the time of execution of each Contract (as defined below) or in the absence of this, at the time of use of the website, will be those that are applicable to you. If you have any questions regarding the Terms or the Privacy Policy you may contact us via our contact form. The Agreement (as defined below) may be concluded, at your option, in any of the languages in which the Terms are available on this website.

2. Our details

The sale of articles through this website is carried out under the name Marcelo del Pozo Photography, with the address in Seville, Spain and NIF 28593422Y.

3. Your details and your visits to this website

Any information or personal data you provide will be treated in accordance with the provisions set out in the Data Protection Policy. By using this website, you consent to the processing of this information or data, and you declare that any information or data you provide is accurate and up to date.

4. Use of our website

By using this website and placing orders through this website you agree to:

• Use this website only to make legally valid enquiries or orders.
• Not place any false or fraudulent orders. If we have reasoning to believe that such an order has been placed, we are in our right to cancel the order and inform the relevant authorities.
• Provide us with your email address, postal address and/or other contact details truthfully and accurately. You also agree that we may use this information to contact you if necessary (see our Privacy Policy).

If you do not provide us with all the information we require, we will not be able to process your order.

By placing an order through this website, you confirm that you are older than 18 years old and have the legal capacity to enter into a contract.

5. How the contract is concluded

The information contained in these Terms and Conditions and the details contained on this website do not constitute an offer to sell, but an invitation to a contract. No contract will exist between you and us in relation to any product until your order has been expressly accepted by us. If your offer is not accepted and your account has already been charged, you will be fully refunded.

To place an order, you must follow the online purchase procedure and click on “Authorise payment”. You will then receive an e-mail acknowledging receipt of your order (the “Order Confirmation”). Note that this does not mean that your order has been accepted, since it constitutes an offer that you make to us to buy one or more products. All orders are subject to our acceptance, of which you will be informed via email in which we will confirm that the product is being shipped (the “Shipping Confirmation”). The contract for the purchase of a product between you and us (the “Contract”) will only be formalised when we send you the Shipping Confirmation.

Only the products listed in the Shipping Confirmation will be the object of the Contract. We are not obliged to supply you with any other product that could have been ordered until we confirm the shipment of the same in a Shipping Confirmation.

6. Availability of Products

All product orders are subject to product availability. In this regard, if there are difficulties in the supply of products or if items are out of stock, we reserve the right to provide you with information about substitute products of equal or superior quality and value which you may order. If you do not wish to order such substitute products, we would give you a full refund of the amount you may have paid.

7. Refusal to process an order

We reserve the right to withdraw any product from this website at any time and to remove or modify any material or content of this website. Although we will do our best to always process all orders, there may be specific circumstances which require us to refuse to process an order after we have sent the Order Confirmation and we are in our right to do so at any time.

We will not be responsible to you or to any third party for the act of removing any product from this website, removing or modifying any material or content on the website, or for not processing an order once we have sent you the Confirmation of Order.

8. Shipping and delivery

Marcelo del Pozo Photography will assume the shipping costs for each of the orders registered on the website.

Without prejudice to the provisions of clause 7 above regarding the availability of the products and unless extraordinary circumstances occur, we will try to send the order consisting of the product / s listed in each Shipping Confirmation before the delivery date that appears in the Shipping Confirmation in question or, if no delivery date is specified, within the estimated term indicated when selecting the shipping method and, in any case, within a maximum period of 30 days from the date of the Confirmation from order.

However, they could cause delays for reasons such as the customisation of the products, the occurrence of unforeseen circumstances or the delivery area.

If for any reason we are unable to meet the delivery date, we will inform you of this and give you the option to either proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid.

For the purposes of these Conditions, “delivery” or the order shall be deemed to have taken place or to have been “delivered” at the time when you or a third party indicated by you acquires material possession of the products, which shall be confirmed with the signature of the receipt of the order at the agreed delivery address.

9. Impossibility of delivery

If it is impossible for us to deliver your order, we will try to find a safe place to leave it. If we are unable to find a safe place, your order will be returned to our warehouse. We will also leave you a note explaining where your order is and how to arrange for it to be re-delivered to you. If you will not be at the delivery location at the agreed time, please contact us to arrange delivery on another day.

In the event that 30 days after your order is available for delivery, the order has not been delivered for reasons not attributable to us, we will understand that you wish to withdraw from the Contract and we will consider it resolved. As a consequence of the termination of the Contract, we will refund all payments received from you for the items, without any undue delay and, in any case, within a maximum period of 14 days from the date on which we consider the Contract to be terminated.

Similarly, we will treat the Contract as terminated if you refuse to receive your order once the carrier has attempted to deliver it to you or the order has already left our warehouse (you will know this because you will receive confirmation from us that your order has been dispatched).

Please note that the return transport resulting from the termination of the Contract may incur additional costs, and we will be entitled to charge you for these costs.

10. Transfer of risk and ownership

The risks of the products will be your responsibility from the moment of delivery.

You will acquire ownership of the products when we receive full payment of all amounts due in connection with them, including shipping costs, or at the time of delivery (as defined in clause 9 above), if this took place at a later time.

11. Price and payment

The price of the products will be the price stipulated at any given time on our website, except in the event of a manifest error. Whilst we try to ensure that all prices shown on the site are correct, errors may occur. If we discover an error in the price of any of the products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be deemed cancelled and any money payed will be fully refunded.

We will not be obliged to supply you with any goods at the incorrect lower price (even if we have sent you a Dispatch Confirmation) if the pricing error is obvious.

Prices are indicated in euros (€) including VAT and shipping costs.

The prices indicated include the VAT applicable on the day of the order. If the VAT rate changes, these changes will be reflected in the price of the items without the need for the user to be informed beforehand.

Prices may change at any time, but (except as set out above) any changes will not affect orders which have already been sent an Order Confirmation.

Marcelo del Pozo Photography reserves the right to change its prices at any time. Products will be invoiced based on the prices in effect at the time the order is placed.

Once you have selected all the items you wish to purchase, they will have been added to your basket and the next step will be to process the order and make the payment. To do this, you must follow the steps of the purchase process, filling in or checking the information requested at each step. Likewise, during the purchase process, before making the payment, you will be able to modify the details of your order. In addition, if you are a registered user, you can see details of all the orders you have placed in the My Account section.

You can use Visa and MasterCard as a payment method, as well as the Paypal system and payment by bank transfer or bank deposit. Items included in orders awaiting “payment by bank transfer” will only be reserved for a maximum of 7 calendar days. After this time, the order will be cancelled and the items will be made available again in the online shop.

To minimise the risk of unauthorised access, your credit card details will be encrypted. Once we receive and confirm your order, your credit card will be charged. If your payment method is Paypal, the charge will also be made when we confirm your order.

By clicking “Authorise Payment” you are confirming that the credit card is yours or that you are the legitimate card holder.

Credit cards will be subject to checks and authorisations by the credit card issuer, but if the credit card issuer does not authorise payment, we will not be liable for any delay or non-delivery and we will not be able to enter into any Contract with you.

12. Value added tax

In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of the articles will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at all times depending on the specific article in question.

13. Return policy

All photographs sold by Marcelo del Pozo Photography are printed specifically for you just after you have placed your Order. Accordingly, we do not accept refunds, returns or exchanges of Orders. We also do not make changes or cancellations to Orders after 24 hours from the time the Order is placed. If you believe you have made a mistake with your Order, please contact us immediately at marcelo@marcelodelpozo.com.

On rare occasions, products in an Order may be damaged in transit. In this case, please send photos in jpeg format to marcelo@marcelodelpozo.com in which the damage is clearly visible. In cases where the product is damaged, our studio may choose to replace the damaged product after a review of the submitted photos.

Photos of the damage must be taken immediately upon receipt of the product delivered by the carrier and must be received by Marcelo del Pozo Photography no later than seventy-two hours from the indicated date of delivery of the Order. The products must not have been hung, placed or installed before the damage photos are taken. Delivery of a replacement product, if any, will be subject to manufacturing capacity, inventory, availability and shipping times existing at the time, and you will be responsible for payment of return shipping costs should Marcelo del Pozo Photography choose to replace the products.

14. Liability and Disclaimer of Liability

Except as otherwise expressly provided in these Terms, our liability in connection with any product purchased from our website shall be strictly limited to the purchase price of such product.

Notwithstanding the foregoing, our liability is not excluded or limited in the following cases:

• In the event of death or personal injury caused by our negligence;
• In the case of fraud or fraudulent misrepresentation;
• In any matter where it would be illegal or unlawful for us to exclude, limit or attempt to exclude or limit our liability.

Without prejudice to the foregoing paragraph and to the extent permitted by law, and except as otherwise provided in these Terms, we will not accept any liability for the following losses, howsoever arising:

• loss of income or sales
• Loss of business
• Loss of profit or loss of contracts
• Loss of anticipated savings
• Loss of data
• Loss of management time or office hours.

Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of information transmitted or obtained through this website unless expressly stated otherwise on this website.

All descriptions of products, information and materials that appear on this website are provided “as a true body” and without express or implicit guarantees on them except those established by law. In this sense, if you hire as a consumer and user, we are obliged to deliver articles that are in accordance with the Contract, responding to you for any lack of conformity that exists at the time of delivery of the product.

It is understood that the products are in accordance with the Contract provided that (I) they conform to the description made by us and possess the qualities that we have presented on this website, (II) they are suitable for the uses to which the products are ordinarily intended of the same type and (III) present the usual quality and benefits of a product of the same type that are reasonably expected.

To the extent permitted by law, we exclude all warranties, except for those that cannot be legitimately excluded vis-à-vis consumers and users.

15. Intellectual property rights

You acknowledgement and agreement that all copyright, trade mark and other intellectual property rights in any material or content provided as part of the website shall remain at all times vested in us or our licensors. You may use such material only as expressly authorised by us or our licensors. This does not prevent you from using this website to the extent necessary to copy your order information or Contact details.

16. Viruses, hacking and other computer attacks

You must not misuse this website by intentionally introducing viruses, Trojans, worms, logic bombs or any other technologically harmful or harmful program or material. You will not attempt to gain unauthorised access to this website, the server on which this website is hosted or any server, computer or database connected to our website. You agree not to attack this website via a denial-of-service attack or a distributed denial-of-service attack.

Failure to comply with this clause could lead to the commission of offences punishable by the applicable regulations. We will report any such breach to the relevant authorities and will co-operate with them to discover the identity of the attacker. Furthermore, in the event of a breach of this clause, you will immediately cease to be authorised to use this website.

We will not be liable for any loss or damage resulting from a denial-of-service attack, viruses or any other technologically harmful or disruptive programs or materials that may affect your computer equipment, computer equipment, data or materials on account of your use of this website or your downloading of any content from or redirected to this website.

17. Links from our website

In the event that our website contains links to other websites and third-party materials, these links are provided for informational purposes only, without our having any control over the content of said websites or materials.

We therefore accept no liability whatsoever for any loss or damage arising from your use of them.

18. Written communications

Applicable law requires that some of the information or communications we send to you be in writing. By using this website, you agree that most of these communications with us will be electronic. We will contact you by e-mail or provide you with information by posting notices on this website. For contractual purposes, you consent to use this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we send to you electronically comply with any legal requirement that they be in writing. This condition will not affect your statutory rights.

Notifications

Notices from you should preferably be sent to us using our contact form. In accordance with the provisions of clause 20 above and unless otherwise stipulated, we may send communications to you either by e-mail or to the postal address provided by you when placing an order.

Notices will be deemed to have been received and properly given as soon as they are posted on our website, 24 hours after an e-mail has been sent, or three days after the postmark date of any letter. In order to prove that notice has been given, it shall be sufficient to prove, in the case of a letter, that it was properly addressed, properly stamped and properly delivered to a post office or letter box and, in the case of an e-mail, that it was sent to the e-mail address specified by the recipient.

19. Assignment of rights and obligations

The Agreement is binding for both you and us, as well as for our respective successors, assignees and successors in title. You may not transfer, assign, encumber or otherwise transfer a Contract or any of your rights or obligations under it without our prior written consent.

We may convey, assign, charge, encumber, sub-contract or otherwise transfer a Contract or any of our rights or obligations under it at any time during the term of the Contract. For the avoidance of doubt, such assignments, transfers, assignments, encumbrances or other transfers will not affect any rights that you, as a consumer, may have at law or otherwise void, reduce or limit any warranties, whether express or implied, that we may have given to you.

20. Events beyond our control

We shall not be liable for any failure or delay in the performance of any of our obligations under a Contract which is caused by events beyond our reasonable control (“Force Major Event”).

Force Major shall include any act, event, failure to exercise, omission or accident beyond our reasonable control, including but not limited to the following:

1. strikes, lockouts or other industrial action.

2. Civil commotion, riot, invasion, terrorist attack or terrorist threat, war (declared or undeclared) or threat or preparation for war.

3. Fire, explosion, storm, flood, flood, earthquake, subsidence, epidemic or any other natural disaster.

4. Impossibility of

using of trains, ships, aircraft, motor transport or other means of transport, public or private.

5. Impossibility of using public or private telecommunications systems.

6. Acts, decrees, legislation, regulations or restrictions by any government or public authority.

7. Strike, failure or accidents of maritime or river transport, postal or any other type of transport.

It will be understood that our obligations derived from Contracts will be suspended during the period in which the Force Major Cause continues, and we will have an extension in the term to fulfil said obligations for a period of time equal to the duration of the Force Major Cause.

We will use all reasonable means to end the Force Major Event or to find a solution that allows us to fulfil our obligations under the Contract despite the Force Major Event.

21. Waiver

The lack of requirement on our part for strict compliance by you with any of the obligations assumed by you under a Contract or these Conditions or the lack of exercise on our part of the rights or actions that may correspond to us by virtue of said Contract or of the Conditions, will not imply any waiver or limitation in relation to said rights or actions nor will it exonerate you from complying with such obligations.

No waiver on our part of a specific right or action will imply a waiver of other rights or actions derived from the Contract or the Conditions.

No waiver by us of any of these Conditions or of the rights or actions derived from the Contract will take effect, unless it is expressly established that it is a waiver and it is formalised and communicated to you in writing in accordance with the provisions of the Notifications section above.

22. Partial nullity

If any of these Conditions or any provision of a Contract were declared null and void by a firm resolution issued by a competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.

23. Entire Agreement

These Terms and any document expressly referred to in these Terms constitute the entire agreement between you and us relating to the subject matter hereof and supersede any prior agreements, understandings or promises made between you and us orally or in writing.

You and us both acknowledge that we have consented to the Contract without relying on any representations or promises made by the other party or which could be inferred from any statements or writings in the negotiations between us prior to the Contract, except as expressly referred to in these Conditions. Neither you nor we shall have any remedy in respect of any untrue statement made by the other party, whether oral or written, prior to the date of the Contract (unless such untrue statement was made fraudulently) and the only remedy available to the other party shall be for breach of contract in accordance with these Conditions.

24. Our right to vary these terms and conditions

We have the right to revise and amend these Terms at any time. You will be bound by the policies and Terms in effect at the time you use this website or place each order, unless we are required by law or governmental action to make retroactive changes to such policies, Terms or Privacy Statement, in which case any such changes will also affect orders previously placed by you.

25. Governing Law and Jurisdiction

The use of our website and contracts for the purchase of products through this website shall be governed by Spanish law.

Any dispute arising out of or in connection with the use of the website or such contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts.

In the event of a dispute arising from this contractual relationship, the user and Marcelo del Pozo Photography undertake, before taking legal action, to seek an amicable solution.

In case of litigation, the parties submit to the Courts and Tribunals of Seville.

If you are contracting as a consumer, nothing in this clause will affect your rights as a consumer under current legislation.

26. Comments and suggestions

We welcome your comments and suggestions. Please send these comments and suggestions to us by e-mail.

We also have official complaint forms available for consumers and users. You can request them by sending an e-mail to marcelo@marcelodelpozo.com