Terms and conditions

In compliance with the provisions of Royal Decree 1906/99, of December 17, which regulates electronic contracting with general conditions, and the Law on the Regulation of Retail Trade (Law 7/1996, of January 15, modified by Law 47/2002, of December 19) in what is applicable to the provisions on distance sales in articles 38 and following, AP PHOTO INDUSTRIES, S.L. (hereinafter The Company), informs:

This document represents the general regulation of the services provided by The Company through the www.i-moments.com website and constitutes the legal framework in which this contractual relationship of purchase and sale is developed.

These general conditions are subject to the provisions of Law 7/1988, of April 13, on General Contracting Conditions; Law 26/1984, of July 19, General for the Defense of Consumers and Users; Royal Decree 1906/1999, of 17 December 1999, regulating Telephone or Electronic Contracting with general conditions; Organic Law 15/1999, of 13 December, on the Protection of Personal Data; Law 7/1996, of 15 January, on the Regulation of Retail Trade, and Law 34/2002, of 11 July, on Services of the Information Society and Electronic Commerce.

The services offered by The Company may be contracted by any users who meet the requirements established in these Conditions of Contract and Legal Notice, available at all times on the website: www.i-moments.com.


OBJECT OF THE CONTRACT
The purpose of the contract is to regulate the general conditions of service offered by The Company.
The services that The Company currently provides, and which are the subject of this contract, are the contracting of products and services related to digital printing: development and digital printing of photographs, as well as the elaboration of different products related to photographic material, such as albums, calendars, agendas, canvases, laminates, framing and all kinds of personalized products with photographs. In some products or services, the services provided by the Company are intermediary between manufacturer and final consumer in the contracting of said products and services.
Access to information is completely free, while the service of purchasing and contracting products is onerous, and the current prices of the product, shipping prices and tax charges are specified at all times.
The Company will establish the possibility of carrying out the contracting of the service in several languages in addition to Spanish.

IDENTIFICATION OF CONTRACTING PARTIES

On the one hand:
AP PHOTO INDUSTRIES, S.L. with address at Ronda Industria, 48, 08210 Barberà del Vallès. CIF: B61976429. Registered in the Mercantile Registry of Barcelona, VOLUME: 31.730, FOLIO: 94, SHEET: B-194.880. And email address: [email protected]

And, on the other hand:
The CLIENT, whose data have been entered by him when entering them to make the purchase or any suggestion, through the form established for this purpose. All data have been entered directly by the client, so the responsibility for the authenticity of the same corresponds directly and exclusively to the CLIENT.

OBLIGATIONS RELATING TO THE PURCHASING
PROCEDUREThe CUSTOMER is solely responsible for the veracity of the data entered by him in the purchase procedure, and accepts the obligation to provide truthful, accurate and complete data. If the CLIENT fails to comply with this obligation, it will be his responsibility to respond for any damages caused to The Company or to a third party.

TERMS OF SERVICE
 The commercial conditions of this service and the offers that may eventually be carried out by The Company always appear on the aforementioned website www.i-moments.com, so they can be consulted, archived or printed. The Company reserves the right to modify at any time these general conditions of contract, as well as any other documents displayed on the website.

RESPONSIBILITIES
The Company will not be responsible for delays in the access, operation and operability of the website, nor for interruptions, suspensions or malfunctions thereof, when they have their origin in breakdowns caused by natural disasters or situations of force majeure, or extreme urgency, such as strikes, attacks or computer intrusions, or any other situation of force majeure or fortuitous cause, as well as errors in the telematic networks of data transfer and in any case, when the error had been produced by a third party outside the aforementioned business organization.
In general, the relations of The Company with its clients derived from the provision of the products and services contained in this Website, are subject to Spanish legislation and jurisdiction. The parties submit, at their option, for the resolution of conflicts and waiving any other jurisdiction, to the courts and tribunals of the user’s domicile. The service provided by the Company, in cases of intermediation, is limited exclusively to informing and making available to customers the products, and will be responsible for products that do not conform to what is contracted by the client.
In the event that the websites owned by The Company host links or banners that allow the user to access web pages or links owned by third parties, The Company is not responsible for the contents that may be hosted on it and would proceed to remove them in the event that a user communicates any type of illegal content, once verified by the company.

The CLIENT undertakes to comply with the provisions of the LEGAL NOTICE and with the CONTRACTING CONDITIONS published by the Company on its website at the time of purchase of the product.

PURCHASE
PROCEDURECurrently the procedure for contracting the service is carried out through the www.i-moments.com website and electronically, being necessary to be registered as a user of the website in order to do so. The steps to carry out the hiring are as follows:

  • DOWNLOAD THE PROGRAM AND SEND IMAGES: the CLIENT accesses the website i-moments.com. In it you can find out about the products made available to you, characteristics, prices and all the details about them. To download the software, the CLIENT can access the “downloads” option that will be found in several menus of the website. Once the software has been downloaded to the user’s computer, the user must install it expressly accepting its license to use. Once the program is installed, you will proceed to choose the desired product. The CLIENT can make and personalize with their photos or designs the chosen product, and once done, will start the process of sending the images and ordering online. The whole process is done online, via the Internet.
  • ORDER AND SHIPPING CONFIRMATION: order and payment confirmations, as well as all contacts with the CUSTOMER, are made via email, so it is very important that the CUSTOMER makes sure to state a valid email address, as well as a contact telephone number in case there is any incident and the mail does not work. If the CLIENT has doubts about the operation of the program, he can go to the FAQ section (frequently asked questions) of i-moments.com or contact customer service via email [email protected] or by calling the customer service telephone number 937 293 326. Each software will guide you step by step so that you can complete the ordering process.
  • ORDER FORMS: before making the payment, the program will ask the CUSTOMER for a series of personal data necessary to make the delivery of his order. In some cases, if any, you will be asked for a promotional code for the product. Once these data have been completed, the next step is to make the payment of the order.

PAYMENT OF THE PRODUCT OR SERVICE:

  • Orders are paid with one of the supported payment methods listed below.

SUPPORTED

PAYMENT METHODSOrders can be paid as follows:

  • Credit card: This form of payment requires the CLIENT to enter their bank details, as required by the page itself. Once at this point, you are in a secure payment gateway, certified by VISA, where you must indicate whether you wish to pay by American Express, MasterCard or VISA credit card. The use of a secure payment gateway ensures that all data provided by the CUSTOMER travels in an encrypted and secure manner, and that at no time does the Company have access to it.
  • PayPal: This form of payment requires the CLIENT to have an account with the PayPal platform, this form of payment has a surcharge of € 2.48 (taxes included).
  • Payment with merchant credit: This form of payment is only valid for professionals and distributors of i-moments, with an account opened with AP Photo Industries.

SHIPPING
COSTS Our website includes shipping costs for the following products: Albums, books, magazines, book points, cards, photo pole, photo alert, calendars, invitations and reminders. For the rest of the products the shipping costs can be consulted in the shopping cart.

DELIVERY TIMES

4/5 working days: All products of the Photo-Gift and Photo-Decoration families.
5/6 working days: All products of the Revela, Digital Printing, Calendars families.
6/7 working days: All products of the Photo-Album, Photo Books and magazines families.
8/9 working days: All products in the Photo-Album Pro and Photo-Strip families.
9/10 working days: All products of the Photo-Ceramic families.

Canary Islands:
To offer a better service in the Islands, we have a production center in Tenerife, but we can not manufacture in this, the entire range of i-moments products. Therefore, products manufactured on the islands have the same delivery time as on the mainland:

Products that are manufactured in the islands:
4/5 days: All the products of the families Photo-Gift and Photo-Decoration* (in Photo-decoration, we can only manufacture the Photo-Panel up to the measure 50×70 and the Photo-Canvas, Photo Picture Aluminum, Light-Panel, Insta-Picture in all measures.

The rest of the products are manufactured from the peninsula.

12/13 working days: Rest of products of the Photo-Gift and Photo-Decoration families.
13/14 business days: All products of the Revela, Digital Printing, Calendars families.
14/15 working days: All products of the Photo-Album, Photo Books and magazines families.
16/17 working days: All products of the Photo-Album Pro families.

Ceuta and Melilla:
12/13 business days: All the products of the families Photo-Gift and Photo-Decoration.
13/14 business days: All products of the Revela, Digital Printing, Calendars families.
14/15 working days: All products of the Photo-Album, Photo Books and magazines families.
16/17 working days: All products of the Photo-Album Pro families.

Attention! These delivery deadlines may be advanced or delayed depending on workloads. And they always refer to deliveries to distributors’ stores. Deliveries to private addresses may be increased by one additional day.

During campaigns such as: Father’s or Mother’s Day, Valentine’s Day, Communions and Weddings, Christmas and Special Dates, these delivery times may be increased.

WARRANTY AND CLAIMS
All products offered through the website are original, customized and new. However, and based on the provisions of Law 23/2003, of July 10, 2003, on Guarantees in the Sale of Consumer Goods, it shall be presumed that all defects or lack of conformity with the offer that become apparent within the first 2 months are due to manufacturing errors, in which case the brand in question shall be held responsible for the product.
For errors, faults or deficiencies after that date, it shall be the CUSTOMER’s burden to prove that they are manufacturing errors and not due to use.
For all purposes, delivery of the product shall be deemed to have been made at the time the signature of the CUSTOMER, or person related to him/her, appears on the product delivery document.
If for any reason you are not satisfied with your product, the CUSTOMER has a period of 2 months, counting from the date of delivery of the product, to return it. Before making such return, the CUSTOMER must contact the company within the period indicated, via e-mail, telephone or fax, at which time the return process will be indicated, which will be free of charge for the CUSTOMER provided that it is carried out in accordance with the indications provided. Any return without this prior communication will not be accepted by the company.
The CUSTOMER shall ensure proper packaging to ensure undamaged transportation. Once received and verified by our staff that the product is in the same condition in which it was sent, we will proceed to refund the amount according to the method of payment used by the customer. For any clarification on these general conditions or to make any claim related to your purchase, the CUSTOMER has at his disposal the following address:

AP PHOTO INDUSTRIES, S.L. Ronda Industria, 48 Barberà del Vallès 08210, Barcelona. Customer service telephone number: 937 293 326. E-mail: [email protected]
The CUSTOMER is informed that the online dispute resolution platform https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=ES is available.


EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

i-moments provides its customers with products fully customizedThe products are manufactured according to the Customer’s specifications, with their photos, texts, etc., so that There is no legal right of withdrawal of the productThe Company’s products are manufactured in accordance with current legislation for this type of product.
Therefore, when placing your order, please make sure that the product you are ordering is in accordance with your needs and that it does not contain errors or mistakes (composition, spelling, lack of image resolution, etc.), since once the order has been sent and paid for, it is not possible to cancel it or make any changes to it.

CONFORMITY OF THE PRODUCTS WITH THE CONTRACT

Unless proven otherwise, it will be understood that the products are in conformity with the contract provided that they meet all the requirements expressed below: They conform to the description made by the Company and possess the qualities of the product that the Company has presented to the consumer and user in the form of a sample or model.

They are suitable for the uses to which products of the same type are ordinarily intended. Present the usual quality and performance of a product of the same type which the consumer and user can reasonably expect, taking into account the nature of the product and, where appropriate, the public statements on the specific characteristics of the products made by the seller, the producer or their representative, in particular in advertising or labelling. The Company shall not be bound by such public statements if it proves that it was unaware of and could not reasonably be expected to be aware of the statement in question, that such statement had been corrected at the time of conclusion of the contract or that such statement could not influence the decision to purchase the product.

There will be no liability for lack of conformity that the consumer and user knew or could not have reasonably ignored at the time of the conclusion of the contract or that have their origin in materials supplied by the consumer and user.

VALIDITY OF THE PURCHASE PROCEDURE AS PROOF OF ACCEPTANCE AND PERFECTION OF THE CONTRACT

Both parties expressly declare that the acceptance of the offer of the product or service of The Company by the CLIENT is carried out through the purchase procedure described in the PURCHASE PROCEDURE section.
The fact of following telematically all the steps described in the aforementioned point for the process of purchase of products and complements by the CLIENT, implies the full and express acceptance of these general contracting conditions, understood sufficient to contract.
The contract will be perfected from the date on which the CLIENT expresses his agreement with the contracting conditions published at the time of making the purchase, and must expressly select the acceptance of them.

PARTIAL NULLITY

If any part of these terms of service is unlawful and therefore invalid, it shall not affect the other provisions in accordance with the law. The parties agree to renegotiate those parts of the Terms of Service that are void and to incorporate them into the rest of the Terms of Service.

APPLICABLE LAW AND JURISDICTION

These General Conditions are governed by Spanish law. The parties submit, at their option, for the resolution of conflicts and waiving any other jurisdiction, to the courts and tribunals of the user’s domicile.