Contract conditions

In compliance with the provisions of Royal Decree 1906/99, of 17 December, regulating electronic procurement under general conditions, and the Law on the Ordination of Retail Trade (Law 7/1996, of 15 January, as amended by Law 47/2002, of 19 December) As far as the provisions on distance sales in Articles 38 and below apply, AP PHOTO INDUSTRIES, S.L. (hereinafter referred to as the Company) reports:

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

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

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


Purpose 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: Digital photo development and printing, 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 is an intermediary between manufacturer and final consumer in the contracting of such products and services. 
Access to information is completely free, while the service of purchase and contracting of products is expensive, and current product prices, freight prices and tax charges are specified at all times. 
The Company will establish the possibility of contracting the service in different languages in addition to Spanish.

IDENTIFICATION OF CONTRACTING PARTIES

In part:
AP PHOTO INDUSTRIES, SLlocated in Ronda Industria, 48, 08210 Barberà del Vallès. CIF: B61976429. Registered in the Trade Register of Barcelona, VOLUME: 31,730, FOLIO: 94, SHEET: B-194,880. And e-mail apphoto@apphoto.es 

The other part: 
The client,whose details have been entered by himself when entering them for the purchase or any suggestion, through the form established for that purpose. All data has been entered directly by the customer, so responsibility for the authenticity of the data is directly and exclusively with THE CUSTOMER.

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

Conditions 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 at any time to modify these general conditions of employment, as well as any other documents posted on the website.

Responsibilities
The Company shall not be responsible for delays in the access, operation and operation of the website, nor for interruptions, suspensions or the malfunction of the website, when they originate in faults caused by natural disasters or situations of force majeure, or of extreme urgency, such as strikes, attacks or computer intrusions, or any other force majeure or cause by chance, as well as errors in the telematic transfer networks of data and in any case, when the error had been produced by a third party outside the aforementioned business organization.
As a general matter, the Company's relations with its customers arising from the provision of the products and services contained in this website are subject to Spanish law and jurisdiction. The parties submit, at their choice, for the resolution of disputes and with renunciation of any other jurisdiction, the courts and tribunals of the user's home. 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 the customer has contracted.
In case the websites owned by The Company host linkslinks) or banners To allow the user access to 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 withdraw them in the event that any user communicated any kind of illegal content to it, 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 PROCEDURE
Currently the procedure of contracting the service is carried out through the website www.i-moments.com and electronically, being necessary to be registered as a user of the website to be able to do so. The steps to carry out the hiring are as follows:

  • DOWNLOAD OF THE PROGRAM AND SENDING IMAGES: THE CLIENT ACCESSES THE WEBSITE i-moments.comHere you can find out about the products made available to you, characteristics, prices and all the details about them. To download the software, THE CUSTOMER can access the “downloads” option found in several menus on the website. Once the software has been downloaded to the user's computer, the user must install the software by expressly accepting the user's license. Once the program is installed, you will proceed to choose the desired product. THE CUSTOMER can make and customize the chosen product with their photos or designs, and once completed, will initiate the process of sending the images and ordering online. The whole process is done online, via the Internet.
  • ORDER CONFIRMATION AND SHIPPING: Order and payment confirmations, as well as all customer contacts, are made via email, so it is very important that THE CUSTOMER ensure that a valid email address is entered. as well as a contact phone number in case there is an 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 apphoto@apphoto.es or by calling customer service 937 293 326. Each software will guide you step by step so that you can complete the ordering process
  • ORDER FORMS: Prior to payment, the program will ask THE CUSTOMER for a number of personal information necessary to deliver their order. In some cases, if any, you will be prompted for a promotional code for the product. Once these details have been completed, the next step is to pay for the order.

PAYMENT FOR THE PRODUCT OR SERVICE:

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

SUPPORTED PAYMENT METHODS

Orders can be paid as follows:

  • Credit card: This form of payment requires THE CUSTOMER 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 want 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 them.
  • PayPal: This form of payment requires the CLIENT to have an account with the platform PayPal, 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 open account with AP Photo Industries.

SHIPPING COSTS
Our website includes shipping costs for the following products: albums, books, magazines, bookmarks, cards, photo albums, insta photo, calendars, invitations and reminders. For the rest of the products the shipping costs can be consulted in the shopping basket.

DELIVERY TIMES

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

Canary Islands:
In order to offer a better service on the islands, we have a production centre in Tenerife, but we cannot manufacture the whole range of i-moments products there. Therefore, products manufactured on the islands have the same delivery time as on the mainland:

Products that are Made in the Islands:
4/5 Days All the products of the Photo-Gift and Photo-Decor* families (in Photo-Decor, we can only manufacture the Photo-Panel up to the size 50×70 and the Photo-Canvas, Picture Frame Aluminum, Light-Panel, Insta-Frame in all the measurements.

The rest of the products are manufactured from the peninsula.

12/13 business days Other products of the Families Photo-Gift and Photo-Decoration.
13/14 business days All products from the Revela, Digital Printing, Calendars families.
14/15 business days All products from the Photo-Album, Photo Books and Magazine families.
16/17 business days All products of the Photo-Album Pro Families.

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

Attention!  These delivery times may be early or delayed depending on workloads and one should always refer to deliveries to distributors' shops. Deliveries to private addresses may be increased by one additional day.

In Campaigns such as: On 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, personalized and new. However, and on the basis of the provisions of Law 23/2003, of 10 July, on Guarantees in the Sale of Consumer Goods, it shall be presumed that all defects or faults in accordance with the offer which are manifested within the first 2 months, they are due to manufacturing errors, and in this case the brand in question of the product is held responsible. 
For errors, failures or deficiencies from that date, it will be the customer's burden to prove that they are manufacturing errors and not by their use.
For all purposes, the delivery of the product will be understood to have been made at the time that the signature of the CLIENT, or person related to him, appears on the product delivery document. 
If for any reason you are not satisfied with your product, the CUSTOMER has a period of two months, from the date of delivery of the product, to return it. Before making such a return, THE CUSTOMER must contact the company within the time limit indicated, by email, telephone or fax. The time at which you will be informed of the return process which will be free of charge to THE CUSTOMER provided that it is carried out in accordance with the instructions given. Any return without this prior communication will not be accepted by the company. 
THE CUSTOMER must carry out a correct packaging to ensure that they are transported without damage. Once received and verified by our staff that the product is in the same state as it was shipped, the amount will be refunded according to the payment method used by the customer. For any clarification of these general conditions or to make any claim regarding 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 phone: 937 293 326. Email: info@i-moments.com
The CLIENT is informed that he has at his disposal the online dispute resolution platform https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=ES.


EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

i-moments provides its customers with fully customized products,i-moments provides its customers with fully customized products, i.e. manufactured according to the specifications of the Client, with their photos, texts, etc. Therefor that reason there is no legal right of withdrawal of the product,in accordance with the provisions of the legislation in force for this type of products.
Therefore, at the time of ordering, make sure that the product you are ordering is in line with your needs and that it does not contain any errors or faults (composition, spelling, lack of image resolution, etc.), since once the order has been submitted and paid, it is not possible to cancel or make any changes to the order..

CONFORMITY OF THE PRODUCTS WITH THE CONTRACT

Unless otherwise provided, the products are deemed to be in conformity with the contract provided that they meet all the requirements set out 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 usually intended. Present the usual quality and performance of a product of the same type that the consumer and user can well expect, given the nature of the product and, where appropriate, public statements on the specific characteristics of the products made by the seller, the producer or his representative, in particular in advertising or labeling. The Company shall not be bound by such public statements if it proves that it was unknown and could not reasonably be expected to know the statement in question, that the statement had been corrected at the time of the conclusion of the contract or that the statement could not influence the decision to purchase the product. 

There shall be no liability for non-conformity that the consumer and user knew or could not have been reasonably ignored at the time of the conclusion of the contract or which have its origin in materials supplied by the consumer and the user. 

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

Both parties expressly declare that THE CUSTOMER's acceptance of the offer of the Company's product or service is carried out through the purchase procedure described in the PURCHASE PROCEDURE section.
The fact that all the steps described in the above point for the PURCHASE process of the products and complements by THE CUSTOMER are carried out telematically implies the full and express acceptance of the present general conditions of contracting, understood to be sufficient to contract.
The contract shall be refined from the date ON which THE CUSTOMER agrees with the contract terms published at the time of purchase, and shall expressly select acceptance thereof.

PARTIAL UNULITY

If any part of these conditions of service is contrary to law and therefore invalid, it shall not affect the other provisions in accordance with law. The parties undertake 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 choice, for the resolution of disputes and with renunciation of any other jurisdiction, the courts and tribunals of the user's home.