Conditions of Purchase
This page (together with the documents referred to herein) contains the Terms and Conditions of Purchase for the products (the "Products") displayed on our website www.wallpic.photo (the "Website").
Please read these Conditions carefully before proceeding with the purchase of the products or services offered by "WALLPIC". The placing of an Order implies acceptance of these Conditions. The Conditions are available to you at any time on this page.
1. Ownership of the domain www.wallpic.photo
1.1.The domain www.wallpic.photo corresponds to the owner Tato Fotografía S. L, with address at Avenida de las Fuerzas Armadas 106 (28055).
1.2. You may contact WALLPIC with comments or suggestions by e-mail to firstname.lastname@example.org.
2. Subject matter and scope
2.1. The purpose of these General Terms and Conditions is to determine the regulation of the content and the products and services offered to customers who visit or purchase on the website www.wallpic.photo, and the relations established between them and WALLPIC.
2.2. These Terms and Conditions shall have priority application, to the exclusion of all others, to all commercial transactions relating to the products and services offered on the website www.wallpic.photo.
2.3. The language in which the contract between WALLPIC and the Customer shall be concluded is Spanish.
3. Communication between parties
3.1. The Customer accepts as valid the notifications and communications that WALLPIC sends to them by electronic means to the addresses or telephone numbers that they have indicated when opening their customer account or placing an order.
3.2. For these purposes, such electronic communications shall be fully effective as if they were made in written form, unless otherwise required by law.
4. Intellectual Property
4.1. All the content of the virtual shop (including images, text, page designs, logos, button icons, software or processes, etc.) are protected by legislation on intellectual and industrial property rights and may not be reproduced, duplicated, copied, sold, resold or exploited in any way for commercial purposes without the prior express authorisation of WALLPIC or the third-party owners of the same.
4.2. With the sale of the Products, the intellectual property rights to the Products are not transferred, but only the ownership of the media. In other words, the authors or holders of the rights remain the sole and legitimate holders of the intellectual property rights. Therefore, the buyer may only make personal use of the same and may not exploit it for commercial purposes and specifically may not reproduce it, distribute it, communicate it publicly or transform it without the express authorisation of the holder of these rights.
4.3. Unlawful use will be prosecuted.
5. Our Responsibility
5.1. The website www.wallpic.photo sells products that are valid under Spanish law, and declines all responsibility derived from the legislation applicable in this area in countries outside Spain.
5.2. We undertake to make our best efforts to ensure availability, within the limitations arising from the nature of electronic commerce, at a distance and not in person, of all products and services offered on the website, with a commitment to diligence and efficiency.
5.3. We shall not be liable for (i) direct or indirect damage not attributable to our direct breach of these Conditions, (ii) disappointment of the customer's subjective expectations or (iii) business losses (including loss of profits, actual or anticipated sales or revenues, lack of liquidity or return on capital, business with third parties, reputation, goodwill or clientele, etc.).
5.4. Likewise, WALLPIC shall not be liable for delays or failure to comply with our obligations hereunder when these are due to causes beyond our diligent control or effort or are due to force majeure.
6. Obligation of the customer and user
6.1. When the user formalises the purchase of any WALLPIC product or service through the website www.wallpic.photo, he/she will be subject to these General Conditions and to the specific conditions of said service. The placing of an Order implies the legally binding acceptance of these Conditions.
6.2. Similarly, when placing an Order on our website, the customer guarantees that he/she is at least 18 years of age, has sufficient legal capacity to contract in Spanish territory and the veracity of the data provided for the correct processing of his/her order.
6.4. The customer is responsible for ensuring, by all reasonable means available to them, the security of passwords, bank details and other confidential data of a sensitive nature of their customer account, diligently avoiding access to them by third parties, and WALLPIC shall not be liable for any damages or losses arising from the improper use of the same, which shall be borne by the customer.
6.5. The customer must immediately notify WALLPIC of any theft or fraudulent appropriation by third parties of said data, or of the reasonable suspicion that this has occurred or may occur.
6.6. The customer assumes any additional costs arising from incorrect delivery data provided or the failure to receive or collect the duly delivered products.
7. Shop on the website www.wallpic.photo
7.1. To be able to make a purchase on the website, the customer must open a Customer Account, registering in the user register, properly completing the electronic form available on the website, in accordance with the instructions detailed therein.
7.2. The customer must choose the size and finish of the products. WALLPIC informs that not all photographs are available in all sizes and finishes.
7.3. In the event that the customer purchases a limited edition of a photograph, he/she will receive a certificate of authorised reproduction signed by the author of the photograph by e-mail, stating the print run of the edition, as well as the number of the copy to which the photograph corresponds.
7.4. All prices, both for products and transport services, include VAT, unless a different form of presentation of the price is required by law.
7.5. All orders require the acceptance of prices and characteristics of the products detailed in its sales sheet.
8. Presentation and availability of products
8.1. WALLPIC endeavours to ensure that the products are shown and described as accurately as possible.
8.2. If there are any errors or omissions in the presentation, WALLPIC declines any responsibility.
8.3. Photographs illustrating and supplementing the descriptive text of the products do not form part of the contractual scope.
8.4. In the event of unavailability of products, or the impossibility of making them in the size or finish chosen by the customer, WALLPIC undertakes to notify its customer as soon as possible, cancelling the shipment and refunding the amount of the order to the said customer.
9.1. The estimated delivery time of the order depending on its destination and costs shall be as follows.
9.2. Shipments are made by a transport company from Monday to Friday, except on public holidays, before 7pm. They will be delivered to the place designated by the customer at the time of contracting.
9.3. However, during periods of special discount campaigns and promotions, delivery times may be delayed.
In addition, delivery times may be longer for certain articles, and this will be duly indicated on the product sheet.
9.4. It shall be the responsibility of the customer to ensure that the shipment is in good condition at the time of delivery. If the box is open or if the appearance of the packaging gives rise to doubts or suspicions about breaches of the inviolability of the product, the customer must not accept it, noting these circumstances on the carrier's delivery note. The customer must take photographs of the package and must write to notify WALLPIC of these circumstances within 24 hours via the contact email email@example.com attaching the photographs.
10. Payment Methods
10.1. The Customer may choose between the different payment methods accepted on the Website.
Payment by card. You may pay for your purchases with your Servired, Visa, Mastercard, Maestro, etc. card. WALLPIC guarantees these payments securely through the secure virtual POS. We recommend that you have your PIN on hand for card purchases.
PayPal. You can pay for your purchases using the secure payment gateway PayPal. The text PAYPAL*WALLPIC will appear on your credit card statements.
10.2. Payment security. WALLPIC uses all means to guarantee the confidentiality and security of the data transmitted through the website and on the website www.wallpic.photo.
11. Right of withdrawal
11.1. Due to the special nature of the Products sold through the Website, the customer shall not have the right to withdraw from the purchase made, as they are goods made according to the specifications of the consumer and user or clearly personalised.
12. Return of defective products
12.1. Notwithstanding the above, in the case of defective products, or products that do not correspond to the order placed, the customer may request their return within 14 days of receipt of the order.
12.2. To use our collection system, the customer must follow the following instructions:
1. Contact the customer service department by e-mail at firstname.lastname@example.org with the following information:
Name and surname.
Product you wish to return.
Reason for return.
Date on which you would like the product to be returned to be collected.
2. Once we have received the return request, the carrier will contact the customer directly to arrange a collection date and instructions on how to prepare the package for collection.
3. Once the goods have been received and the condition of the product has been checked, WALLPIC will contact the customer to inform them that the new order will be manufactured and shipped within 7 working days of this communication.
4. In the event that the customer has indicated that he/she does not want the new order, WALLPIC will refund the corresponding amount using the same payment method that was used at the time of purchase and within 7 to 10 days from the date of said communication.
13. Applicable law and jurisdiction
13.1. These Conditions, together with those contained in the purchase form, constitute this contract and shall be interpreted in accordance with Spanish law.
13.2. In the event of any dispute arising from these Conditions, the parties submit to the Courts and Tribunals of Madrid for the resolution of conflicts.
14. Modification of the conditions of sale
14.1. WALLPIC reserves the right to make changes to its Website, its policies and its terms and conditions, including these Conditions of Purchase, at any time.
14.2. You will be bound by the Conditions of Purchase in force at the time you place your order unless, by law or by requirement of public authorities, a change to those Conditions is required to be made (in which case such changes may apply to any orders you have previously placed).
14.3. If any of these conditions is declared invalid, void or for any reason ineffective, such condition shall be deemed excluded without such declaration affecting the validity or enforceability of the remaining conditions.