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Conditions of engagement


According to the provisions of the Royal Decree 1906/99, 17 December, which regulates electronic contracts with general conditions, and with the Retail Trade Planning Act (Law 7/1996, 15 January), amended by Law 47/2002, 19 December, applicable to distance selling under article 38 and subsequent articles, AP PHOTO INDUSTRIES, S.L (hereinafter the Company) reports:

This document regulates the services provided by the Company through the website www.i-moments.com, and it constitutes the legal framework for the contractual relationship of sale.

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

In order to subscribe the Company services, the user must fullfill all the requirements set out in the Terms and Conditions of engagement, which are available at all times on the website www.i-moments.com.

PURPOSE OF THE CONTRACT
The purpose of this contract is to regulate the general conditions of service offered by the Company. These services, which are the object of this contract, are: sale of goods and services related to digital printing, that is digital photography printing and developing, as well as production of all kinds of products relating to photographyc material, like albums, calendars, diaries, canvas, laminating, framing, and personalized photo products. In some products or services, we are intermediaries between manufacturer and end consumer.

Information access is completely free, whereas you must pay for the goods and services engaged. You will find at all times the product current prices, as well as the delivery and tax charges. The Company will offer the possibility of contracting all services in several languages, a part from Spanish.

IDENTIFICATION OF PARTIES
On the one side:
AP PHOTO INDUSTRIES, SL. Round residing in Industry, 48, 08210 Barberà del Vallès. VAT number: B61976429. Registered in the Commercial Register of Barcelona, VOLUME: 31,730, FOLIO: 94, PAGE: B-194 880. Email address: apphoto@apphoto.es

On the other side:
The CUSTOMER, whose personal information has been provided by him/herself in order to purchase or to ask for information on the form for this purpose. Since this personal information has been provided by the COSTUMER, he/she must take full responsibility for the authenticity of the information released.

PURCHASING OBLIGATIONS
The CUSTOMER shall provide authentic personal information and take full responsibility of the information released. The CUSTOMER is under obligation to provide true, accurate and complete information. Therefore if the CUSTOMER breaches this obligation, he/she will be held liable and responsible for any damage caused to the Company or a third party.

GENERAL CONDITIONS OF SERVICE
The service trading conditions and all the offers made by the Company are always displayed on the website www.i-moments.com, so they can be consulted, saved or printed. The Company reserves the right to modify at any time these General Conditions of Service as well as any other documents stated in the website.

LIMITATION OF LIABILITY
In no event shall the Company be liable for damages or delays of any kind caused by using or accessing this website or its services or Content; nor for any interruption or malfunction of this website, as a result of failures caused by natural disasters, situations of force majeure or cases of extreme urgency, such us strikes, virus or computer attacks, or by any other fortuitous cause, such us failures in data networks. In no event shall the Comany be liable for any errors caused by any other third-party or for inaccuracies in their material.

The Company is responsible for the reliability and accuracy of content, data or information regarding the products offered on this website, unless they have been modified by third parties, outside of the Company or not, without express authorisation.

Any links to third party websites are provided only as information and to make their products available to you. The Company is responsible for the products which do not conform to contract at the time of sale. Should you require technical support regarding these products, you will receive it from the manufacturer.

The Company is not responsible for the content of any third party websites, links or banners that you can access from any of the Company's websites. In the event, that a user informs about any sort of illegal content on third party websites, the company will verify it and after that, will proceed to withdraw it.

The CUSTOMER agrees to be bound by all TERMS of USE and GENERAL CONDITIONS OF ENGAGEMENT published on the Company's website at the time of purchasing.

PURCHASING PROCEDURE
All purchases must be made online through the website www.i-moments and always by a logged in member. The steps to buying are:
  • DOWNLOAD THE PROGRAM AND UPLOAD YOUR PICTURE: once the CUSTOMER has accessed the website www.i-moments.com, he/she will find information about all available products, as well as features, prices and all kinds of details about them. The CUSTOMER can download the software by clicking on the "download" option. Once the software has been downloaded on the user's computer, the CUSTOMER must accept the software license in order to install the program. And once the program has been installed, the CUSTOMER will proceed to choose the desired product. The CUSTOMER can create and personalize with his/her photos or designs the chosen product. Once the product is finished, the CUSTOMER will start the pictures sending process and the online ordering process. The whole process is done on line, through Internet.
  • ORDER CONFIRMATION AND DELIVERY: both the order confirmation and the payment confirmation are sent by e-mail. Therefore it is extremely important that the CUSTOMER provides a correct email address. It is also very important to provide a correct telephone number, just in case the Company needs to contact the CUSTOMER and the email address does not work. If the CUSTOMER has additional questions about the program, he/she can refer to the FAQ (Frequently Asked Questions) or contact the customer service department by sending an e-mail at apphoto@apphoto.es or by calling at 937.293.326. Each software will guide the CUSTOMER step by step through the complete process of ordering the product.
  • ORDER FORMS: before payment, the program will ask the CUSTOMER for personal details, needed to deliver the order. In some cases, the CUSTOMER may be asked for a product coupon code. Once this information has been completed, next step will be paying the order.
  • PRODUCT PAYMENT: orders must be paid by credit card. This payment method requires the CUSTOMER to enter in his/her credit card information. The CUSTOMER can choose to pay by American Express, Mastercard or VISA. This transaction, certified by VISA, is completely secure and safe, since all the personal details provided are encrypted and the Company has no access at all to them.
WARRANTY AND CLAIMS
All i-moments products are original and new. However, according to the Law 23/2003, 10 July, about Sale of Consumer Goods Guarantee, it is presumed that all defects that arise within the first 6 months shall be regarded as manufacturing flaws. Therefore the manufacturer will be responsible for them.

After these 6 months, the CUSTOMER will have to prove that defects are manufacturing flaws and not because of use. Signature on the delivery note will be deemed as proof of delivery date.

If for any reason the COSTUMER is not satisfied with our product, he/she can return it within 7 days from the date he/she received it. The Company will refund the full price of the product in question, excluding shipping and processing costs. Before making the return, the CUSTOMER must contact the Company within these 7 days by e-mail, phone or fax. Then the Company will inform the CUSTOMER about the return process. Any return without this prior notification will not be accepted by the Company. To accept the return, it will be also essential that the product and its original packaging are in perfect condition, without scratches or broken or damaged packaging. The product must include all the original documentation and its accessories.
 
The CUSTOMER must use good packaging to ensure a damage-free transport. Once our staff has received the product and checked that it is not damaged, the Company will issue a full refund, in the original method of payment. For additional information or to make a claim regarding a purchase, the Company's contact details are:
AP PHOTO INDUSTRIES, SL Ronda Industria, 48 Barberà del Vallès, 08210, Barcelona. Phone number: 937 293 326. E-mail address: apphoto@apphoto.es.

VALIDITY OF THE PURCHASE PROCEDURE AS PROOF OF ACCEPTING THE CONTRACT 
Both parties expressly declare that the fact of having electronically followed all the steps described in the PURCHASE PROCEDURE in order to buy i-moments products supposes the complete and express acceptance of the product or service, as well as the acceptance of these particular contract terms, understood as sufficient to accept the contract.

The contract will take effect when the CUSTOMER declares compliance with the contract conditions published at the time of purchasing. The CUSTOMER must explicitly accept these terms and conditions by clicking on the acceptance.

NULLITY
If any of these terms or conditions was unlawful and therefore invalid, it shall not affect the other provisions according to law. The parties agree to renegotiate those void terms or conditions and to add them to the rest of Terms of Use.

APPLICABLE LAW AND JURISDICTION
These particular conditions are governed by the Spanish legislation. Therefore any legal action or proceeding relating to or arising from your access to or use of the website www.i-moments.com shall be instituted in Sabadell (Spain). You agree to submit to the jurisdiction of courts sitting in Sabadell (Spain) and agree that venue in these courts is proper in any such legal action or proceeding.

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