GENERAL CONDITIONS OF SALE (only in online store)

www.frankpalace.com

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1. GENERAL INFORMATION

The ownership of this website www.frankpalace.com, (hereinafter Website) is held by: Francisco Manuel Palacios Tirado, with NIF:_cc781905-5cde-3194- bb3b-136bad5cf58d_20475535S, and whose contact details are:

Address: Calle Moyano 20, 4th floor, 12002 Castellón

Contact phone: 619002239

Contact email: info@frankpalace.com

This document (as well as other documents mentioned here) regulates the conditions governing the use of this Website (www.frankpalace.com) and the purchase or acquisition of products and/or services on it (hereinafter , Conditions).

For the purposes of these Conditions, it is understood that the activity that Frank Palace fotografía carries out through the Website includes:

Sale of personalized paintings throughout the Spanish peninsula. Wedding, family and communion photography services in Castellón and Valencia.

In addition to reading these Conditions, before accessing, browsing and/or using this web page, the User must have read the Legal Notice and the General Conditions of Use, including the cookie policy, and the privacy and data protection de Frank Palace photography. By using this Website or by making and/or requesting the purchase of a product and/or service through it, the User agrees to be bound by these Conditions and by all of the above, so if you do not agree with all you should not use this Website.

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Likewise, it is reported that these Conditions could be modified. The User is responsible for consulting them each time they access, browse and/or use the Website, since those in force at the time the purchase of products and/or services are requested will be applicable.

For all questions that the User may have in relation to the Conditions, they can contact the owner using the contact information provided above or, where appropriate, using the contact form.

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2. THE USER

The access, navigation and use of the Website, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), for which reason, from the moment the navigation on the Website begins, all the Conditions established here, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be.

The User assumes his responsibility for the correct use of the Website. This responsibility will extend to:

• Make use of this Website only to make legally valid inquiries and purchases or acquisitions.

• Do not make any false or fraudulent purchase. If a purchase of this nature could reasonably be considered to have been made, it could be annulled and the relevant authorities reported.

• Provide truthful and lawful contact information, for example, email address, postal address and/or other information (see Legal Notice and General Conditions of Use).

The User declares to be over 18 years of age and have the legal capacity to enter into contracts through this Website.

The Website is aimed mainly at Users residing in Spain. Frank Palace photography does not ensure that the Website complies with the laws of other countries, either totally or partially._cc781905 -5cde-3194-bb3b-136bad5cf58d_Frank Palace fotografía declines all responsibility that may arise from said access, nor does it ensure shipments or provision of services outside of Spain.

The User may formalize, at his choice, with Frank Palace fotografía the contract of sale of the desired products and/or services in any of the languages in which these Conditions are available on this Website.

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3. PURCHASE OR ACQUISITION PROCESS

Users duly registered can buy on the Website by the established means and forms. They must follow the online purchase and/or acquisition procedure de www.frankpalace.com, during which various products and/or services can be selected and added to the cart, basket or final purchase space and, Finally, click on: "Complete purchase"

Likewise, the User must fill in and/or verify the information that is requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.

Next, the User will receive an email confirming that Frank Palace fotografía has received their order or request for purchase and/or provision of the service, that is, order confirmation. And, if applicable, you will also be informed by email when your purchase is being sent. If applicable, this information could also be made available to the User through their personal space on connection to the Website.

Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice that will be sent to the User via email and, where appropriate, through their personal space on connection to the Website. Likewise, the User can, if he wishes, obtain a copy of his paper invoice, requesting it from Frank Palace fotografía using the contact spaces on the Website or through the contact details provided above.

The User acknowledges that he is aware, at the time of purchase, of certain particular conditions of sale that concern the product and/or service in question and that are shown next to the presentation or, where appropriate, its image on its page. of the Website, indicating, by way of example, but not exhaustive, and attending to each case: name, price, components, weight, quantity, color, details of the products, or characteristics, way in which they will be carried out and/or o cost of services; and acknowledges that the completion of the purchase or acquisition order materializes the full and complete acceptance of the particular conditions of sale applicable to each case.

The communications, purchase orders and payments that intervene during the transactions carried out on the Website could be filed and kept in the computerized records of Frank Palace photography in order to constitute a means of proof of the transactions, in any case, respecting the reasonable security conditions and the laws and regulations in force that are applicable in this regard, and particularly in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of individuals with regard to the processing of personal data and the free circulation of these data (RGPD) and Organic Law 3/2018, of December 5, Protection of Personal Data and guarantee of digital rights, and the rights that assist Users in accordance with the privacy policy of this Website.

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4. AVAILABILITY

All purchase orders received by Frank Palace photography through the Website are subject to the availability of the products and/or to no circumstance or cause of force majeure (clause nine of these Conditions) affects the supply thereof and/or the provision of services. If there are difficulties regarding the supply of products or if there are no products in stock, Frank Palace photography  undertakes to contact the User and refund any amount that may have been paid in concept of amount. This will be equally applicable in cases in which the provision of a service becomes unrealizable.

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5. PRICES AND PAYMENT

The prices displayed on the Website are the final ones, in Euros (€) and include taxes, unless by legal requirement, especially in relation to VAT, a different matter is indicated and applied.

Shipping costs are included in the final prices of the products as shown on the Website. Thus, Frank Palace photography carries out delivery and/or shipping services through: Seur.

In no case will the Website add additional costs to the price of a product or a service automatically, but only those that the User has voluntarily and freely selected and chosen.

Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.

The accepted means of payment will be: Credit or debit card

Likewise, the User may pay all or part of the purchase price with a gift card and/or credit card issued by Frank Palace fotografía y/o_cc781905-5cde-3194 -bb3b-136bad5cf58d_Francisco Manuel Palacios Tirado.

Credit cards will be subject to checks and authorizations by the issuing bank, if said entity does not authorize the payment, Frank Palace fotografía will not be responsible for any delay or non-delivery and may not enter into any contract with the User.

Once Frank Palace photography receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that they exist sufficient funds to complete the transaction. The charge on the card will be made at the time the confirmation of shipment and/or confirmation of the service provided is sent to the User in the manner and, where appropriate, at the place established.

Si el medio de pago es tarjeta regalo o tarjeta abono el cargo se hará en el momento en que Frank Palace fotografía_cc781905-5cde-3194-bb3b -136bad5cf58d_send a confirmation of the purchase order or purchase of products and/or services to the User.

In any case, by clicking on "Complete purchase" the User confirms that the payment method used is his, or that, where appropriate, he is the legitimate holder of the gift card or credit card.

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6. DELIVERY

In the cases in which the physical delivery of the contracted good is appropriate, deliveries will be made within the following territory: Spain (Peninsula and Balearic Islands)

Except for those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, derived from the personalization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of order confirmation.

If for any reason, attributable to it, Frank Palace fotografía could not meet the delivery date, it will contact the User to inform them of this circumstance and they may choose go ahead with the purchase by establishing a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.

If it is impossible to deliver the order due to the User's absence, the order may be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to get it delivered again.

If the User is not going to be at the place of delivery in the agreed time slot, they must contact Frank Palace fotografía to arrange delivery on another day.

In the event that 30 days have elapsed since your order is available for delivery, and it has not been delivered for a reason not attributable to a Frank Palace photography, Frank Palace photography_cc781905- 5cde-3194-bb3b-136bad5cf58d_ will understand that the User wishes to withdraw from the contract and it will be considered terminated. As a consequence of the termination of the contract, all payments received from the User will be returned, except for additional expenses resulting from the User's own choice of a different delivery method than the least expensive ordinary delivery method offered by the Website. , without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is considered terminated.

However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on.

For the purposes of these Conditions, it will be understood that the delivery has taken place or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires material possession of the products, which will be accredited by the signature of the receipt of the order at the agreed delivery address.

The risks that may arise from the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when Frank Palace photography receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if it takes place after full receipt of the amount paid by Frank Palace photography.

In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or provision will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at all times depending on the specific item in question.

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7. TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that in the event that he detects that an error has occurred when entering the data necessary to process his purchase request on the Website, he may modify them by contacting Frank Palace fotografía through the contact spaces enabled on the Website, and, where appropriate, through those enabled to contact customer service, and/or using the contact details provided in the first clause (General information). Likewise, this information could also be corrected by the User through his personal connection space to the Website.

In any case, the User, before clicking on "Complete purchase", has access to the space, cart, or basket where their purchase requests are recorded and can make changes.

Similarly, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to obtain more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD) and in Organic Law 3/2018, of December 5, Protection of Personal Data and guarantee of digital rights.

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8. RETURNS

In the cases in which the User acquires products on or through the owner's Website, they are assisted by a series of rights, as listed and described below:

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Right of Withdrawal

The User, as a consumer and user, makes a purchase on the Website and, therefore, has the right to withdraw from said purchase within a period of 14 calendar days without the need for justification.

This withdrawal period will expire 14 calendar days from the day the User or a third party authorized by the User, other than the carrier, acquired material possession of the goods purchased on the Website de Frank Palace fotografía_cc781905- 5cde-3194-bb3b-136bad5cf58d_o in the event that the goods that make up your order are delivered separately, within 14 calendar days of the day that the User or a third party authorized by him, other than the carrier, acquired material possession of the last of those goods that made up the same purchase order, or in the case of a service contract, 14 calendar days from the day the contract was signed.

To exercise this right of withdrawal, the User must notify his decision to Frank Palace photography. You can do so, where appropriate, through the contact spaces enabled on the Website. The User, regardless of the means he chooses to communicate his decision, must express clearly and unequivocally that it is his intention to withdraw from the purchase contract. In any case, the User may use the withdrawal form model that Frank Palace fotografía puts at his disposal as an annex to these Conditions, however, its use is not required. To comply with the withdrawal period, it is enough that the communication that unequivocally expresses the decision to withdraw is sent before the corresponding period expires.

In case of withdrawal, Frank Palace photography will reimburse the User for all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping modality other than the least expensive modality offered on the Website) without any undue delay and, in any case, no later than 14 calendar days from the date on which Frank Palace fotografía_cc781905 -5cde-3194-bb3b-136bad5cf58d_es informed of the decision to withdraw by the User.

Frank Palace fotografía will reimburse the User using the same payment method that he used to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, Frank Palace fotografía could retain said refund until the products or items of the purchase have been received, or until the User presents proof of their return , depending on which condition is met first.

The User can return or send the products to Frank Palace fotografía en: Calle Moyano 40º2, 20th floor 202 Castellón

And you must do so without undue delay and, in any case, no later than 14 calendar days from the date on which Frank Palace photography was informed of the decision to withdraw. The User acknowledges knowing that he must assume the direct cost of return (transportation, delivery) of the goods, if any were incurred. In addition, it will be responsible for the decrease in value of the products resulting from handling other than that necessary to establish the nature, characteristics and operation of the goods.

The User acknowledges knowing that there are exceptions to the right of withdrawal, as stated in article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalized products; products that can deteriorate or expire quickly; Music or video CDs/DVDs without their packaging, as sealed at the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.

In this same sense, the provision of a service that the User could contract on this Website is governed, since this same Law establishes that the Right of withdrawal will not apply to Users when the provision of the service has been fully executed, or when it has begun. , with the express consent of the consumer and user and with the recognition on their part that they are aware that, once the contract has been fully executed by Frank Palace photography, they will have lost their right of withdrawal .

In any case, no refund will be made if the product has been used beyond its mere opening, of products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.

Likewise, the products must be returned using or including all their original packaging, the instructions and other documents that accompany them, in addition to a copy of the purchase invoice.

You can download the model withdrawal form at the following link:

 

Return of defective products or shipping error

These are all those cases in which the User considers that, at the time of delivery, the product does not comply with the provisions of the contract or purchase order, and that, therefore, they should contact_cc781905-5cde -3194-bb3b-136bad5cf58d_Frank Palace fotografía immediately and let you know of the existing disagreement (defect/error) by the same means or using the contact information provided in the previous section (Right of Withdrawal).

The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period, if the refund or, where appropriate, the replacement of the same is appropriate. .

The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming that the refund or replacement of the nonconforming item is appropriate.

The amount paid for those products that are returned due to a defect, when it really exists, will be fully refunded, including delivery costs and the costs that the User could have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.

In any case, the rights recognized in the legislation in force at all times for the User, as a consumer and user, will always apply.

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Guarantee

The User, as a consumer and user, enjoys guarantees on the products that he can acquire through this Website, in the terms legally established for each type of product, responding Frank Palace photography, by Therefore, due to the lack of conformity of the same that is manifested within a period of two years from the delivery of the product.

In this sense, it is understood that the products are in accordance with the contract provided that: they conform to the description made by Frank Palace fotografía and possess the qualities presented therein; are suitable for the uses to which products of the same type are ordinarily used; and present the usual quality and benefits of a product of the same type and that are fundamentally expected of it. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the Return of defective products or shipping error section. However, some of the products that are marketed on the Website could present non-homogeneous characteristics as long as they derive from the type of material with which they have been manufactured, and therefore will form part of the individual appearance of the product, and they will not be a defect.

On the other hand, it could be the case that the User acquires a product of a brand or manufactured by a third party on the Website. In this case, and considering the User that it is a defective product, he also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise his legal guarantee right directly against them during the two years following the delivery of said products. For this, the User must have kept all the information in relation to the guarantee of the products.

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9. EXEMPTION OF LIABILITY

Unless otherwise provided by law, Frank Palace fotografía will not accept any responsibility for the following losses, regardless of their origin:

• any losses that were not attributable to any breach by you;

• business losses (including lost profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or of

• any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products was formalized between both parties.

Likewise, Frank Palace fotografía also limits its responsibility regarding the following cases:

• Frank Palace photography applies all the measures concerning to provide a faithful display of the product on the Website, however it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems with the browser used or others of this nature.

• Frank Palace fotografía will act with the utmost diligence in order to make available to the company in charge of transporting the product that is the object of the purchase order. However, it is not responsible for damages arising from a malfunction of the transport, especially due to causes such as strikes, highway retentions, and in general any other typical of the sector, which derive in delays, losses or theft of the product.

• Technical failures that, due to fortuitous or other causes, prevent the normal operation of the service through the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents the availability of the service. Frank Palace photography puts all the means at its disposal in order to carry out the process of purchase, payment and shipment/delivery of the products, however, it is exempt from responsibility for causes that are not attributable to it, fortuitous event or force majeure.

• Frank Palace fotografía will not be responsible for the misuse and/or wear of the products that have been used by the User. At the same time, Frank Palace fotografía will not be responsible for an erroneous return made by the User. It is the User's responsibility to return the correct product.

• In general, Frank Palace photography will not be responsible for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events that are outside their reasonable control, that is, that they are due to force majeure, and this may include, by way of example but not exhaustive:

  • Strikes, lockouts or other industrial action.

  • Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not), or threat or preparations for war.

  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.

  • Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.

  • Inability to use public or private telecommunication systems.

  • Acts, decrees, legislation, regulations or restrictions of any government or public authority.

In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and Frank Palace fotografía will have an extension in the term to fulfill them for a period of time equal to the duration of the cause of force majeure. Frank Palace photography will use all reasonable means to find a solution that allows it to comply with its obligations despite the cause of force majeure.

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10. WRITTEN COMMUNICATIONS AND NOTICES

By using this Website, the User accepts that most of the communications with Frank Palace photography are electronic (email or notices published on the Website).

For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that Frank Palace photography send electronically comply with legal requirements to be in writing. This condition will not affect the rights recognized by law to the User.

The User can send notifications and/or communicate with Frank Palace photography through the contact information provided in these Conditions and, where appropriate, through the contact spaces of the Website.

Likewise, unless otherwise stipulated, Frank Palace fotografía can contact and/or notify the User by email or at the postal address provided.

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11. WAIVER

Ninguna renuncia de Frank Palace fotografía a un derecho o acción legal concreta o la falta de requerimiento por Frank Palace fotografía_cc781905-5cde-3194-bb3b- 136bad5cf58d_of strict compliance by the User of any of its obligations will not imply a waiver of other rights or actions derived from a contract or the Conditions, nor will it exonerate the User from compliance with its obligations.

No waiver of Frank Palace fotografía to any of these Conditions or to the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and be formalized and communicated to the User in writing.

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12. NULLITY

If any of these Conditions were declared null and void by a firm resolution issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.

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13. ENTIRE AGREEMENT

These Conditions and any document to which express reference is made in these constitute the entire existing agreement between the User and Frank Palace photography in relation to the object of sale and replace any other pact, agreement or previous promise agreed verbally or in writing by the same parties.

The User y Frank Palace fotografía acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in the present Conditions.

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14. DATA PROTECTION

The information or personal data that the User provides to Frank Palace fotografía in the course of a transaction on the Website, will be treated in accordance with the provisions of the Policy Privacy or data protection (contained, where appropriate, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of said information and data and declares that all the information or data provided is true.

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15. APPLICABLE LAW AND JURISDICTION

The access, navigation and/or use of this Website and the contracts for the purchase of products through it will be governed by Spanish legislation.

Any controversy, problem or disagreement that arises or is related to the access, navigation and/or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between Frank Palace fotografía y the User, will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.

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16. COMPLAINTS AND CLAIMS

The User can send to Frank Palace fotografía  his complaints, claims or any other comment he wishes to make through the contact information provided at the beginning of these Conditions ( General information).

In addition, Frank Palace fotografía has official claim forms available to consumers and users, and that they can request from_cc781905-5cde-3194-bb3b-136bad5cf5cf8 Palace5fcfranc8photography -5cde-3194-bb3b-136bad5cf58d_at any time, using the contact information provided at the beginning of these Conditions (General Information).

Likewise, if the conclusion of this purchase contract between Frank Palace fotografía and the User emanates a controversy, the User as a consumer may request an out-of-court dispute resolution, according to with Regulation (EU) 524/2013 of the European Parliament and of the Council, of May 21, 2013, on online dispute resolution in consumer matters and by which Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method through the following website: http://ec.europa.eu/consumers/odr/.

This document of General Purchase Conditions has been created using the generator de general purchase conditions template online on the day 14/9/2020.