GENERAL SERVICE CONDITIONS for fotocodex.com and fotocodex.co.uk
This document sets forth the general terms and conditions for the hire and use of the services (hereinafter referred to as “the Services”) offered at the fotocodex.co.uk and fotocodex.com website (hereinafter referred to as the “Website”), owned by Fotocodex, S.L. (hereinafter referred to as the “Service Provider”), with address at Calle Francesc Pérez-Cabrero, 11-B, postal code 08021, in Barcelona, recorded in the Companies Registry of Barcelona with National Tax Identification Code: B-63795132, and the physical persons that express their wish to use the aforementioned Services by submitting the electronic request form through the Website.

These General Conditions for purchase and use (hereinafter referred to as “GC”) apply to the users of both the free and paid Services of the Website, referring to both such types of users as User, although the purchase conditions apply solely to those who effectively make use of such paid services. These GC are posted at the Website and thus available to the User, who may read, print, save and accept them. Moreover, the User cannot request provision of the Services without consulting them. The GC will always be available to the User in a visible and accessible area at the Website.

These GC, together with the request form for paid Services duly completed by the User, moreover constitute the formalisation of a service contract between the latter and the Service Provider. The User confirms that he/she has read, understood and accepts these GC.  

ONE.- OBJECT OF THE GC

By virtue of these GC the Service Provider undertakes to provide the User with any of the Services requested through the Website, in exchange for a certain price (in the case of a paid Service), in accordance with the conditions and specific features set forth herein.

By accessing the Services available at the Website, the User hereby states:

  • That he/she is of full legal age and holds the necessary power to enter into a contract;
  • That he/she has read, understood and accepts these GC. 

TWO. APPLICABLE LEGISLATION

These GC are pursuant to that set  in Law 1/2007, 16 of November, on the Regulation of Retail Trade; Law 7/1998, of 13 April, on General Contracting Conditions; Royal Decree 1906/1999, of 17 December 1999, which regulates Telephonic or Electronic Contracting with general conditions; Organic Law 15/1999, of 13 December on the Protection of Personal Data; and Law 34/2002 of 11 July, on Services of the Information Society.

THREE. ALTERATION OF THE GC

The Service Provider reserves the right to modify these GC at any time, without prior notice to the User, who in any case is responsible for their review as a pre-requisite to the hire or use of the Services available through the Website. Notwithstanding the foregoing, the GC posted at the Website at the time of the User’s use of the Services shall be deemed valid and applicable.

FOUR.- FEATURES OF THE SERVICES

4.1 Through the Website, the Service Provider offers a free Service that requires previous registration only, and consists of access to an internal panel with the adequate tools for the online and personalised edition of electronic documents, consisting of photographs that the User voluntarily stores on the server provided by the Service Provider.

4.2 Only the User’s express request to have the aforementioned electronic document printed and its hard copy dispatched (hereinafter referred to as “the Product”), is a paid Service, giving the User the rights and duties expressly set forth herein for the purchase process.

FIVE.- SERVICE PROVIDER OBLIGATIONS AND LIABILITY

5.1 In any case, the Service Provider undertakes the following:

5.1.1 To have the sufficient technical resources and tools to house the photos sent by the User and enable the online edition of the electronic document, until the moment in which the latter requests the edition and dispatch of the personalised Product.

5.1.2 To adopt the sufficient and necessary technical and organizational measures to respect the integrity and security of the photographs sent by the User, as well as any other item of personal information that it may hold pertaining to the latter, and particularly those set forth in the Data Protection Policy, which is accessible at this Website.

5.1.3 To deliver the Product requested by the User to the postal address specified for such purpose within a maximum term of 30 calendar days, to be counted as of the date of the User’s Website request. The User will solely be entitled to reject his/her order, with no right to any indemnity whatsoever, in the event of a delay beyond the aforementioned 30 days, and in such case the total amount paid shall be refunded.

5.2 Under no circumstance whatsoever will the Service Provider be responsible for the following:

5.2.1 Any errors or delays in the User’s access when entering in his/her data on the Service registration form; the Service Provider’s slow or impossible reception of the information necessary for the provision of Services or delivery of the Product, or any errors that might arise when such incidents are due to Internet network problems, acts of God or force majeure, or any other unforeseeable contingency beyond the good faith of the Service Provider. In all cases, the Service Provider undertakes to solve any problems that might arise, and to offer the User all the necessary support to attain a prompt and satisfactory solution for the problem.

5.2.2 Any errors or damages caused by the inadequate use of the Services or the bad faith of the User.

5.2.3 The content of the photographic images sent by the User. Under no circumstance whatsoever does the Service Provider revise, validate or control the content of the photos. Therefore the User is solely responsible for such photos as pursuant to that set forth herein.

5.3 The Service Provider reserves the right to remove any photograph if asked to do so by a competent authority, pursuant to the regulations on liability set forth in Article 16 of Law 34/2002 of 11 July, on Services of the Information Society.

SIX. PURCHASE PROCESS

By virtue of that set forth in Article 27 of Law 34/2002 of 11 July, on Services of the Information Society, the Service Provider hereby informs the User of the steps necessary to complete the purchase process:

  1. “Registration”: User registration is complete when the User has submitted his/her full name and a valid email address. For purchasing products from the Service Provider the user must also submit: invoicing address, delivery address (optional), and NATIONAL TAX IDENTIFICATION NUMBER. This enables the User to access the internal panel of the Website from any terminal with Internet access. The chosen user name will be each User’s sole identification for access to his/her personal space on the server of the Service Provider.
  2. Selection of Product type and project creation
  3. To invite others to take part in the project (Optional), the User must enter the following information:
  4. a) Participant’s e-mail address
    b) Description of the reaon for the invitation
  5. Upload the photos to the server.
  6. Page creation process (selection of the photo(s), draft of caption(s), page layout, etc.).    
  7. Preview of the Product.
  8. Publish the product.
  9. Place orders for the product.
  10. Preview of the Products listed on the order (shopping basket).
  11. Entry of the invoicing address (required) and delivery address (optional). If a delivery address is not entered, the address entered by the User during the registration process shall be understood as valid for such purpose
  12. Indicate payment method and enter payment information.
  13. These GC must be accepted before the order can be validated.
  14. Final order review
  15. Submit order
  16. Paypal on-line credit card payment service: the User selects the payment method using the Paypal on line payment system. Under no circumstance whatsoever does the Service Provider record or file the credit card payment information.
  17. The Paypal service will inform the User of the acceptance or denial of payment. Such message will at minimum consist of the following information: order number, date and time of transaction, total cost of the order, name and description of the product, the amount ordered, means of delivery, invoicing and delivery address. The order confirmation will appear on the Website screen at the end of the order process and will subsequently be sent to the User via electronic mail. The confirmation received via electronic mail is proof of the User’s purchase agreement.
SEVEN. EXCEPTION TO THE RIGHT OF RETURN

The Service Provider hereby informs the User that pursuant to that set forth in Article 45 of Law 7/1996, of 15 January, on the Regulation of Retail Trade, the User’s purchase of the Product represents an exception to the right of return, as the item purchased is fabricated in accordance with the User’s specifications and is totally personalised.

EIGHT. PAYMENT OF THE SERVICES

8.1 The User may pay for the Services using the Paypal on line payment service.

8.2 Credit card payment can solely be cancelled if the User demonstrates that the card was fraudulently and wrongfully used for the purchase of the Services, and the Service Provider shall submit to that set forth in Article 46.1 of the Law 7/1996, of 15 January, on the Regulation of Retail Trade, and the User to that set forth in the second section of the same Article.

NINE.- USER OBLIGATIONS
  
By purchasing the Services, the User automatically agrees to the following conditions and obligations:

a) The User undertakes to pay the price for the paid Services effectively purchased.

b) The User shall uphold the secrecy of the password that he/she selects to access the internal panel, and to make good use of the Services in keeping with the principles of morality, the law and public order.

c) The User is the sole person responsible for the content of the photographs, and is accountable before third parties and the Service Provider itself for the nature of his/her photos, which shall adhere to the principles of order, morality and Spanish law. In making use of the Services, the User expressly states that he/she is the legitimate holder of all rights to the use of the photographs that he/she stores on the servers of the Service Provider, exempting the latter from all liability in the event that a third party proves itself to be the lawful holder of such rights.

d) The User undertakes to respect the intellectual and industrial property rights to any item or content that he/she may access, and to make use of any outside contents (basically, however not exclusively referring to third-party photographs) that he/she may access when using the Services in accordance with the principles of morality, order and the law.

TEN.- INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

10.1 The Service Provider states that all contents accessible from the Website are fully protected by the rights to intellectual property, and any reproduction, communication, distribution or transformation of such protected contents is expressly prohibited without the express written consent of the Service Provider.

10.2 The Fotocodex brand, along with its logotype, are the property of the Service Provider, and the use or reproduction of such elements is expressly prohibited without prior written authorisation from the legitimate owner thereof.

ELEVEN.- APPLICABLE LAW AND COMPETENT JURISDICTION

These GC are governed by Spanish law. For the resolution of any discrepancy or dispute that might arise from them, the Service Provider submits to the criteria and competence of the relevant legislation on consumers and users.

TWELVE.- NULLITY

The nullity of any of the clauses contained in these GC shall not affect the validity of the other clauses, which shall remain in effect and will be interpreted bearing in mind the wishes of the parties and the purpose of these GC. The Service Provider may opt not to exercise one or more of its conferred rights or powers in these GC, however such decision shall not, under any circumstance, imply the waiver thereof, without the express written acknowledgement of the Service Provider or the prescription of the relevant proceedings.