Terms & legal conditions
Present general sales conditions are established between:
1. On the one hand, the company Escenarigrafic, S.L., c / Roger de Flor, 71, 08401 Granollers (Barcelona) and with CIF B65783011 (hereinafter INSTAGRAFIC).
2. And, on the other hand, any person who carries out an order (hereinafter the CUSTOMER). Of placing an order implies the acceptance of the present general conditions of sale by the customer, as well as any other specified in the order itself.
Art. 1 / Object
The present general sales conditions are intended to define the terms of sale between CUSTOMER and INSTAGRAFIC, from the realization of the order, delivery and payment, as well as customer service.
Art. 2 / Order
CUSTOMER can place your order through the mobile app INSTAGRAFIC.
To place his order, the CUSTOMER must provide the personal data requested him by the above procedure.
The realization by the CUSTOMER in the order is equivalent to full and whole acceptance of prices, the description of the products for sale and the General conditions of sale, as well as any other specified in the order itself.
Art. 3 / Instagrafic App
The INSTAGRAFIC application is designed to be able to create your own albums from the mobile terminal. For this reason, it is necessary that there is the possibility to upload content to the application, access to certain specific configuration options for the design of the album and fill in the fields of personal data of each CUSTOMER. A series of minimum specifications for mobile terminals are required for the proper functioning of the application (see technical specifications in iTunes or Google Play Store).
CUSTOMER’s mobile operator and his personal contract can do that using the application resulting in extra charges on his bill. In addition, download, install or use certain applications can be prohibited by the mobile operator or the contract signed by the CUSTOMER.
The quality of the connection may vary in how the application works. In the case of change of terminal or mobile number, the CUSTOMER must ensure that it modifies his data correctly to ensure the privacy of his account.
Also, is CUSTOMER’s responsibility, the creation of his username and password to create his personal account. This information will be recorded next to the CUSTOMER’s email. If lost or forgotten them, it will be necessary that the e-mail account provided by the client is real to send him his login details.
Otherwise, INSTAGRAFIC may not verify the authenticity of the account owner.
Art. 4 / Delivery
The delivery of orders will be issued to the registered customer choice. The CUSTOMER fills, at the end of each order, the specific place of delivery.
By default, orders are sent through national POSTAL SERVICE, although INSTAGRAFIC offers the possibility of shipping EXPRESS by adding a surcharge to the price of the order.
Prices vary depending on destination and costs are specified at the time of activating the EXPRESS option. If CUSTOMER is not compliant with that price, he should only disable the option to return to sending through POSTAL SERVICE.
When, three weeks of sending through POSTAL SERVICE, the CUSTOMER has not received his order, it is considered lost. In this case, INSTAGRAFIC will forward the order free of charge; unless the CUSTOMER specifies that he wants EXPRESS shipping. The cost of EXPRESS shipping must be paid by the customer.
Art. 5 / Payment
CUSTOMER can choose between the following types of payment: credit card / PayPal / Bank transfer.
CUSTOMER gives consent to transmit the payment order once completed all steps of security in each of the above options and offer all the personal necessary data to carry out the order.
INSTAGRAFIC is not responsible for the misuse or misappropriation of cards or other payment methods.
Art. 6 / Prices
Prices include the corresponding tax at each moment and a fixed cost in respect of packaging and postal service.
INSTAGRAFIC can choose at any time to modify the rates or terms of marketing force.
In any case, CUSTOMER’s price and conditions, at the moment in which is placed the order and processed the payment, will always govern.
Art. 7 / Warranties
INSTAGRAFIC ensures a product with clear specifications in terms of layout, printing and personalization. Throughout the production process follows a series of quality standards which are monitored until the moment in which the order leaves INSTAGRAFIC facilities.
If CUSTOMER, upon receiving the order, sees some type of defect in one of these three points, he must contact INSTAGRAFIC for their reprint and forwarding without additional cost to him.
Any defects that can be observed in the packaging that it may have been caused by delivery may not be claimed to INSTAGRAFIC.
For product claims, the CUSTOMER must send an email to INSTAGRAFIC (firstname.lastname@example.org) with the graphic documentation required proving the shortcomings of the product. Otherwise, INSTAGRAFIC may not determine the failures that have occurred with respect to the established quality standard.
Art. 8 / Treatment of personal data
INSTAGRAFIC (Escenarigrafic, S.L.), placed in c / Roger de Flor, 71, 08401 Granollers (Barcelona) guarantees that the processing of personal data shall be carried out under safety standards that prevent their loss, tampering, or unauthorized access.
In compliance with organic law 15/1999, of December 13, of protection of Personal character data, we inform you that all the data provided by the CUSTOMER, by any means, through the order form, the subscription to the newsletter of INSTAGRAFIC and along the business relationship with our company, will be incorporated to a file whose owner and responsible is INSTAGRAFIC and will be treated with the utmost confidentiality.
The purpose of the collection and processing of data is to manage the relationship, requests and/or orders and collected and, in addition, perform treatments with advertising and commercial prospecting purposes.
Treatment of advertising and commercial prospecting purposes will involve bringing, by media later indicated, information, advertising and commercial promotions of products and services of INSTAGRAFIC marks.
Advertising and commercial prospecting actions may be carried out by any means, including phone calls, SMS, MMS and email messages and postal or Internet.
The holder of data must be of legal age. Unless specifically provided otherwise it shall be deemed necessary to complete all the data required in the forms. CUSTOMER consents to the processing of his data for the purposes of advertising and commercial prospecting, means lent manifest and unequivocal way through the communication of his data to INSTAGRAFIC, being able to oppose this in the terms below are indicated.
We inform you that you can exercise, making the request to INSTAGRAFIC as a Manager and owner of the file which contains your personal data, rights of access, rectification, cancellation and opposition to not receive publicity, as well as to revoke the consent.
To express opposition to receive advertising, as well as for the realization of any other procedure, INSTAGRAFIC puts at the disposal of the CUSTOMER different ways:
1. Send a written communication to INSTAGRAFIC (Ref. LOPD), c / Roger de Flor, 71, 08401 Granollers (Barcelona), attaching a copy of your ID card.
2. Send a message to email@example.com with the subject data protection act and indicating in the message your name and number along with the phrase I DO NOT WANT TO RECEIVE ADVERTISING OF INSTAGRAFIC.
Art. 9 / Treatment of the graphic contents
INSTAGRAFIC ensures that the content of the albums will be completely private and will never be released or used by any member of your organization.
INSTAGRAFIC allows the CUSTOMER to share and comment on his photo albums with friends and contacts from Facebook, Twitter, Instagram, or email, or make them public in general, so it always is due to value what information share, with whom and of what nature, in such a way that does not infringe any law relating to the privacy, honour or image of a third party.
INSTAGRAFIC IS NOT RESPONSIBLE FOR EVIL USE OR MISAPPROPRIATION ON THE PART OF THE CUSTOMER OF THE CONTENT OR INFORMATION THAT SPREADS IN A PUBLIC WAY.
All the personal data appearing in the photographic content owned by the CUSTOMER are the property of the CUSTOMER.
For this purpose, the CUSTOMER declares to have all the authorizations and consents necessary for the publication of images and personal data of the persons appearing on the photographic content.
INSTAGRAFIC with the exclusive purpose of providing the service of editing and printing can access personal data owned by the CUSTOMER, in which case as a processor access the protection as provided in article 12 of the law 15/99 of December 13, protection of personal data (hereinafter LOPD) and articles 19 et seq. of Royal Decree 1720 / 2007 of 21 December for implementation of the regulation of the data protection act. INSTAGRAFIC will act at all times under the instructions of the CUSTOMER.
INSTAGRAFIC access to the photographic content is limited exclusively to control validation and confirmation of the ownership of the album.
INSTAGRAFIC will implement sufficient and adequate security measures to ensure the confidentiality and secrecy of the photographic content and always in accordance with the State of technology at all times.
Once the print service, the album will be retained by INSTAGRAFIC for the purposes of managing the CUSTOMER copies and for warranty service.
Art. 10 / Intellectual property
All content published on the website and in particular the designs, text, graphics, logos, icons, buttons, as well as software, commercial names, brands or drawings and any other signs susceptible to industrial and commercial use are subject to rights of intellectual and industrial property of INSTAGRAFIC or third party holders who have duly authorized their inclusion in the web site.
Under no circumstances shall that grants any license or renunciation, transmission, total or partial cession of these rights or conferring any right or expectation of rights, in particular of alteration, exploitation, reproduction, distribution or public communication on said contents without prior authorization express of INSTAGRAFIC or of the corresponding owners.
Property and images of albums and products generated by CUSTOMER belong to these, while INSTAGRAFIC, get any other right of intellectual property on them.
Art. 11 / Limitation of liability
INSTAGRAFIC will be responsible for damages the CUSTOMER may suffer as a result of the use of the web site or mobile application where such damage is directly attributable to an incorrect performance of this company, having proven that it has not met the demands and legal requirements and regulations established.
It is the CUSTOMER’s responsibility to take all appropriate technical measures to reasonably manage the risks of open Internet navigation and prevent damage to their computers or smartphones, data loss and theft of confidential information.
INSTAGRAFIC is not responsible for any damages that may arise from interference, omissions, interruptions, computer viruses, breakdowns and/or disconnections in the operation of this web site or in equipment and computer equipment for CUSTOMER, for reasons unrelated to INSTAGRAFIC, which prevent or delay the provision of the services, website navigation, the performance application, nor delays or blockages in the use caused by deficiencies or overloads of Internet or other systems, or inability to provide the service or allow access for reasons not attributable to INSTAGRAFIC, due to the CUSTOMER, to third parties, or cases of force majeure.
Art. 12 / Complete agreement
Present conditions of sale constitute the entire agreement between related parties.
In the event that one of the clauses of these conditions was nil by right, this will not affect the rest of the conditions.
Art. 13 / Applicable law and jusrisdiction
Present conditions are governed by Spanish law.
For the resolution of any discrepancy or divergence that may arise in the implementation and interpretation of this agreement, the parties submit to the courts of the consumer’s domicile.
Art. 14 / Contact
For any claim, question or request for information, INSTAGRAFIC puts at the disposal of the CUSTOMER this email: firstname.lastname@example.org.