TERMS AND CONDITIONS

These General Terms and Conditions (hereinafter, the “General Terms and Conditions”), together with any particular conditions that may be established, govern the conditions for purchasing photo retouching services through the website www.proretoque.photo , (hereinafter, the “Website” or the “Portal”), owned by FOTORETOQUE S.L. (hereinafter FOTORETOQUE) with C.I.F: B88094461, registered in the Commercial Register of Madrid. Volume: Book 0, 37602, Folio 193, Section 8, Sheet M670176

1.- PURPOSE AND GENERAL INFORMATION

The use of the services of the website, as well as the purchase of any of the photo editing services offered, implies the acceptance by the User of these General Conditions. The registration in the Portal and the use of the services of photographic retouching implies that your data as User will become part of the files of proretoque.photo and its treatment will be according to what is provided in the Privacy Policy, which the User expressly declares to know and accept.

These General Terms and Conditions apply to consumers and users as defined in applicable legislation.

Proretoque.photo reserves the right to modify, at any time and without prior notice, the presentation and configuration of the website, as well as the General Terms and Conditions. Users will always have these General Terms and Conditions available in a visible location, freely accessible for any queries they may have. Users agree to read these General Terms and Conditions carefully each time they access the Website store. In any case, acceptance of the General Terms and Conditions is a prerequisite and essential step prior to contracting any photo retouching services available through the Website.

2.- CAPACITY AND CONTRACT CONCLUSION

By checking the “I agree” box or clicking the “Register” button, creating a proretoque.photo user account, or using the proretoque.photo photo retouching services, you confirm that you are at least 18 years old.

Only persons over the age of 18 may place orders through proretoque.photo. Users who use proretoque.photo guarantee that they are at least that age and that all the registration data provided to proretoque.photo is true. In any case, users will be solely responsible for any false or inaccurate statements they make and for any damage caused to proretoque.photo or third parties by the information they provide.

The photographs, graphic or iconographic representations and videos relating to the photo retouching services of proretoque.photo, as well as trade names, brands or distinctive signs of any kind contained on the website, are intended to provide the greatest information, However, the user should be aware that they are intended for guidance and therefore not exhaustive.

Spanish will be the language used to formalize the contract.

3.- PHOTO RETOUCHING SERVICES PURCHASING SYSTEM

To proceed with the purchase of photo editing services, the registered user must select the photo editing services that he wants to buy and add them to the Shopping Cart. Once the selection of photo retouching services purchased has been completed, the user must press the “Pay” icon. Photo retouching services selected for purchase will be listed below. The user must press the “Continue” icon to complete the purchase process, being able to choose the delivery time between 24, 48 and 72 hours. Payment will always be made in advance by credit card, bank transfer or PayPal.

During the purchase process, you can select the delivery time.

The username, email address and password provided to proretoque.photo are identifying elements and enablers for accessing and making purchases and are personal and non-transferable. The user name, password and e-mail address may be changed, in which case the password, username and/or e-mail address will become invalid.

Once the purchase process is complete, proretoque.photo will send an email to the address provided by the user confirming receipt of the order and including the corresponding invoice.

4.- PRICES AND DELIVERY

The prices for photo retouching services shown on the website do not include applicable taxes.

Prices do not include any other additional expenses that may apply, which will be detailed separately and must be accepted by the Customer. Proretoque.photo reserves the right to modify the price of the photo retouching services that appear on the website without prior notice to the Customer, although the prices in the quotes accepted by the Customer will always be maintaine

Orders must be processed through the website, where the user will be informed of the exact amount of each order prior to completing the purchase.

The estimated delivery time for the order will be 72 hours. If the delivery time exceeds this period, Proretoque.photo will inform the buyer of the new delivery date.

In the event of having selected a different delivery period during the purchase process, the user will have a surcharge based on the prices indicated on the website, depending on the urgency.

If, due to circumstances beyond our control, a photo retouching service is unavailable after the purchase has been made, proretoque.photo will inform the user by email of the total or, where applicable, partial cancellation of the order. Partial cancellation of the order does not entitle the user to cancel the entire order, without prejudice to the user’s right of withdrawal in accordance with these General Terms and Conditions.

The completion of the order by completing the purchase form implies compliance with the price offered and with the general conditions of sale in force at this particular time. Once the order is formalized, the purchase will be considered completed by right, with all the legal guarantees that protect the purchaser consumer, and from then on the prices and conditions will be contractual, and may not be modified without the express agreement of both parties.

The discounts and promotions offered on this website will only be valid for the period of time specified therein and subject to the conditions and limitations set forth therein. Photo retouching services will be delivered using the method designated by the user during the purchase process.

5.- WITHDRAWAL.

Right of withdrawal.

The user has the right to withdraw from this contract within fourteen (14) calendar days without justification.

The withdrawal period will expire 14 calendar days from the date of delivery.

To exercise the right of withdrawal, the user must notify their decision through an unequivocal statement (for example, a letter sent by post, fax, or email). You may use the withdrawal form template at the bottom of the page, although its use is not mandatory. The address for sending the notification is as follows (hereinafter “notification address”): clientes(at)proretoque.photo

FOTORETOQUE S.L

In order to comply with the withdrawal period, it is sufficient that the communication concerning the exercise of this right be sent in accordance with the provisions of the legislation in force, before the expiry of the corresponding period

Consequences of withdrawal.

The user shall bear the direct cost of returning the photo retouching services

In the event of withdrawal, all payments received will be refunded (with the exception of additional costs resulting from choosing a delivery method other than the least expensive standard delivery method offered). The refund of these sums will be made without undue delay and, in any case, within 14 calendar days from the date on which the user’s decision to withdraw from the contract was communicated.

This refund will be made using the same payment method used by the user for the initial transaction, unless the user has expressly agreed otherwise; in any case, it will not incur any expense as a result of the refund. The refund may be withheld until you have received the photo retouching goods/services or until the user has provided proof of return thereof, whichever is first.

If the photo retouching goods/services have already been delivered, the user must return them without undue delay and, in any case, within 14 calendar days from the date on which they communicate their decision to withdraw from the contract.

Proretoque.photo may withhold the refund until it has received the photo retouching goods/services, or until the consumer and user has provided proof of return of the photo retouching goods/services, whichever condition is met first.

Return policy

Returns will not be accepted for the following photo retouching services, as established by Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws:

a) The provision of services, once the service has been fully performed, when performance has begun, with the prior express consent of the consumer and user and with their acknowledgment that they are aware that, once the contract has been fully performed by the entrepreneur, they will have lost their right of withdrawal.

b) The supply of goods or services whose price depends on fluctuations in the financial market that the entrepreneur cannot control and that may occur during the withdrawal period

c) The supply of goods manufactured to consumer and user specifications or clearly customized.

d) The supply of goods which may deteriorate or expire rapidly.

e) The supply of sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery.

f) The supply of goods which, after delivery and taking account of their nature, have been indivisibly mixed with other goods.

g) The supply of alcoholic beverages whose price has been agreed at the time of conclusion of the sales contract and which cannot be delivered before 30 days, and whose real value depends on fluctuations in the market that the entrepreneur cannot control.

h) contracts in which the consumer and user have specifically requested the entrepreneur to visit them for urgent repair or maintenance operations; if, during that visit, the trader provides additional services to those specifically requested by the consumer or supplies goods other than spare parts necessarily used for carrying out maintenance or repair operations, the right of withdrawal should apply to such additional services or goods.

i) The supply of sealed sound or video recordings or sealed software which have been unsealed by the consumer and user after delivery.

j) The supply of daily newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.

k) Contracts concluded through public auctions.

l) The provision of accommodation for purposes other than housing, transport of goods, rental of vehicles, catering or services related to leisure activities, if the contracts provide for a specific date or period of performance.

m) The supply of digital content that is not provided on a physical medium when the execution has begun with the prior express consent of the consumer and user with the knowledge by them that they consequently lose their right of withdrawal.

6.- GUARANTEE OF CONFORMITY

If the photo retouching service is not in accordance with the contract (error in preparation), the user may choose to demand the replacement of the photo retouching services, the price reduction or the termination of the contract according to the law. No decision shall be taken if the lack of conformity is minor.

A form of remediation which, in comparison with the other, imposes on the seller costs that are not reasonable, taking into account the value that the photographic retouching service would have if there were no lack of conformity, shall be considered disproportionate, the relevance of the lack of conformity and whether the alternative form of remediation could be carried out without major inconveniences for the consumer and user.

In order to determine whether costs are unreasonable, the cost of one form of reorganisation must also be significantly higher than the cost of the other form.

The price reduction shall be proportional to the difference between the value that the photographic retouching service would have had at the time of delivery if it had been in conformity with the contract and the value that the photographic retouching service actually delivered had at the time of such delivery.

7.- COMMUNICATIONS BETWEEN proretoque.photo and the user

All communications between proretoque.photo and the user relating to these General Conditions or the purchase of photographic retouching services through the website, shall be made in writing and in accordance with the communication procedures set out in these General Conditions for each particular case.

For all other cases not expressly regulated in these General Conditions, the communications that the user intends to send to proretoque.photo will be addressed to the address of proretoque.photo indicated in the address of notifications and will be made in writing and through a system that allows to accredit the content and reception by part proretoque.photo of the corresponding communication.

8.- INTELLECTUAL AND INDUSTRIAL PROPERTY AND IMAGE RIGHTS

The authorization for the processing of photographic material that the User grants to proretoque.photo with the acceptance of these General Terms and Conditions, does not imply any assignment of intellectual or industrial property rights in favor of proretoque.photo, limited to carrying out the retouching of the material in accordance with the instructions given by the User. The ownership of the intellectual property rights resulting from the result of the transformation shall in any case belong to the User.

Without prejudice to the foregoing, proretoque.photo is not authorized to reproduce and make available to the public on its website www.proretoque.photo any of the photographs subject to treatment, for the sole purpose of promoting the services it offers.

The User guarantees to proretoque.photo that he is the holder of the intellectual and/or industrial property rights, which are derived from the photographic material being processed, as well as the image rights of the persons appearing in these photographs, or that has the appropriate authorization of the holder or holders of these rights to order their transformation by the Company. Consequently, the User exempts proretoque.photo of any liability that may arise from the claim of a third party in relation to the transformation carried out, as well as in relation to the intellectual or industrial property rights of said photographic material, and in relation to the image rights of persons appearing on the photographs that are the subject of the contracted Services, the User being directly responsible for the full payment of any damages claimed, as well as the totality of included attorneys’ fees, in which proretoque.photo incurs to meet such claims.

9.- INTEGRITY OF THE GENERAL CONDITIONS.

These General Conditions, the Privacy Policy and the Legal Notice constitute the express and sole will of proretoque.photo and the user in relation to its object and invalidate and replace them any other agreements or contracts, verbal or written, previously reached by the parties.

10.- PARTIAL NULLITY

In the event that any clause of these General Conditions is declared null and void, it will be withdrawn or replaced. In any case, such declaration of nullity shall not affect the validity of the other provisions contained in these General Conditionses.

11.- APPLICABLE LAW AND JURISDICTION

These General Conditions are governed and interpreted in accordance with the Spanish legislation in force at the time of conclusion of the contract.

In the event of any dispute or claim between the parties regarding compliance with or the content of these General Conditions, provided that according to law is not applicable the jurisdiction corresponding to the domicile of the consumer or user, will be definitively resolved by submitting it to the Spanish courts and tribunals or, at the choice of proretoque.photo, by submitting it to arbitration of law, administered by the Court of Arbitration of the Official Chamber of Commerce and Industry of Madrid, in accordance with its Arbitration Rules in force on the date of submission of the request for arbitration. The arbitral tribunal designated for this purpose shall be composed of a single arbitrator and the language of arbitration shall be Spanish. The place of arbitration shall be Madrid.

12.- SETTLEMENT OF DISPUTES ON-LINE

Pursuant to Art. 14 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, Buyers and users of this website are informed of the existence of the European Union Online Dispute Resolution Platform, accessible from:
https://webgate.ec.europa.eu/odr/main/? event=main.home.show

Model withdrawal form (only complete and send this form if you wish to withdraw from the contract)

To the attention of: FOTORETOQUE S.L. C/ Montera 32 Madrid 28013 MadridE-Mail: clientes@proretoque.photo Hereby, I inform you/communicate that I give up my/withdraw from our contract of sale of the following good/provision of the following service: Order no ____ received on …………….. Name of consumer or consumers.…………………………………………………………. Address of consumer or consumers.…………………………………………………….. Signature of the consumer or consumers(only if this form is submitted on paper). …………………………………. Place and date

Actualizadas a 01 de Mayo de 2019