LEGAL WARNING
Malvarrosa Film Lab, provided with CIF B16485526, address Postal address: C / Romeu de Corbera 16 Bajo 3, CP 46006, Valencia, Spain, can not assume any liability arising from the incorrect, inappropriate or illegal use of the information appearing on the website of Malvarrosa Film Lab.
With the limits established in the law, Malvarrosa Film Lab does not assume any responsibility derived from the lack of veracity, integrity, updating and accuracy of the data or information contained in its Internet pages.
The contents and information do not bind Malvarrosa Film Lab nor do they constitute opinions, advice or legal advice of any kind, since it is merely a service offered for informative and informative purposes.
The Malvarrosa Film Lab website may contain links to other third-party sites that Malvarrosa Film Lab can not control. Therefore, Malvarrosa Film Lab can not assume responsibility for the content that may appear on the pages of third parties.
The texts, images, sounds, animations, software and the rest of contents included in this web are the exclusive property of Malvarrosa Film Lab or its licensors. Any act of transmission, distribution, assignment, reproduction, storage or total or partial public communication must have the express consent of Malvarrosa Film Lab.
Likewise, to access some of the services that Malvarrosa Film Lab offers through its website, you must provide some personal information. In compliance with the provisions of 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 movement of personal data. We inform you that, by filling in these forms, your personal data will be incorporated and will be treated in the files of Malvarrosa Film Lab in order to be able to provide and offer our services as well as to inform you of the improvements of the website. Likewise, we inform you of the possibility of exercising the rights of access, rectification, cancellation and opposition of your personal data, free of charge by email to hola@malvarrosafilmlab.com or at the address Malvarrosa Film Lab, C / Romeu de Corbera 16 Bajo 3, CP 46006, Valencia, Spain.
TERMS AND CONDITIONS
1. GENERAL INFORMATION
The ownership of this website, https://malvarroafilmlab.com, (from now on, Website) is held by: Malvarrosa Film Lab, provided with CIF B16485526, address Dir. Postal: C / Padre Huérfanos, n. 2 pta.6, CP 46003, Valencia, Spain, and their contact details are: hola@malvarosafilmlab.com.
This document (as well as all other documents mentioned here) regulates the conditions governing the use of this Website (https://malvarrosafilmlab.com) and the purchase of products and / or services (from now on, Conditions).
In addition to reading these Terms and Conditions, before accessing, browsing and / or using this website, the User must have read the Legal Notice, the cookie policy, and the privacy and data protection policy of Malvarrosa Film Lab.
By using this Website or making and / or requesting the acquisition of a product and / or service through it, the User agrees to be bound by these Terms and all of the above, so if you do not agree with everything, therefore, you should not use this Website.
Also, it is informed that these Conditions could be modified. The User is responsible for consulting them each time he accesses, browses and / or uses the Website, since those that are in force at the moment in which the acquisition of products and / or services is requested will apply. For all questions that the User may have in relation to the Conditions, he / she can contact the owner using the contact information provided.
2. THE USER
The access, navigation and use of the Website, confers the condition of user (from now on referred to, indistinctly, individually as User or jointly as Users), for which they are accepted, since the navigation of the Website begins, all the Conditions here established, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance as the case may be.
The User assumes responsibility for the correct use of the Website. This responsibility will extend to:
- Make use of this Website only to make inquiries and purchases or purchases legally valid.
- Do not make any false or fraudulent purchase. If it could reasonably be considered that a purchase of this nature has been made, it could be canceled and the relevant authorities informed.
- Provide truthful and lawful contact data, 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 old and have the legal capacity to enter into contracts through this Website. Malvarrosa Film Lab does not ensure that the Website complies with the laws of other countries, either totally or partially. The User may formalize, at his election, with Malvarrosa Film Lab the contract for the sale of the desired products and / or services in any of the languages in which these Conditions are available on this Website.
3. PURCHASE OR ACQUISITION PROCESS
The duly registered Users can buy on the Website by the means and established forms. You will have to follow the procedure of purchase and / or acquisition online of Malvarrosa Film Lab, during which several products and / or services can be selected and added to the final space of purchase and, finally, click on: “Send”. Likewise, the User must fill out and / or verify the information that is requested in each step, although, during the purchase process, before making the payment, the purchase data can be modified.
Then, the User will receive an email confirming that Malvarrosa Film Lab has received their order or request for purchase and / or provision of the service, that is, the order confirmation. In your case, this information will also be available to the User through your personal space of connection to the Website. Once the purchase procedure has been completed, the User consents that the Website generates an electronic invoice that will be sent to the User via email.
The User acknowledges to be aware, at the time of purchase, certain particular conditions of sale that concern the product and / or service in question and that are displayed next to the presentation or, where appropriate, image of it on your page of the Website, indicating, by way of example, but not exhaustive, and taking into account each case: name, price, components, or characteristics, manner in which they will be carried out and / or cost of the services; and acknowledges that the execution of the purchase order or acquisition materializes the full and complete acceptance of the particular conditions of sale applicable to each case.
The communications, purchase orders and payments that take place during the transactions carried out on the Website may be archived and kept in the computerized registers of Malvarrosa Film Lab with the purpose of constituting a means of proving the transactions, in any case, respecting the reasonable conditions of security and the laws and regulations in force in this respect that are applicable, and particularly in compliance with the LOPD and the rights that assist Users in accordance with the privacy policy of this Website (Legal Notice and General Conditions of Use).
4. AVAILABILITY
All orders received by Malvarrosa Film Lab through the Website are subject to the availability of the products and / or that no circumstance or cause of force majeure (clause nine of these Conditions) affects the supply of them and / or the provision of services. If difficulties arise in the provision of these services, Malvarrosa Film Lab undertakes to contact the User and reimburse any amount that may have been paid as an amount.
5. PRICES AND PAYMENT
The prices displayed on the Website are shown without VAT. The applicable VAT rate will be the legally valid one at all times depending on the specific article in question.
In no case will the Website add additional costs to the price of a product or service automatically, but only those that the User has selected and chosen voluntarily and freely. Prices may change at any time, but possible changes will not affect orders or purchases with respect to which the User has already received an order confirmation. The means of payment accepted will be: Credit or debit card, Bank transfer and Paypal.
Credit cards will be subject to checks and authorizations by the bank issuing the same, if that entity does not authorize payment, Malvarrosa Film Lab will not be responsible for any delay or failure to deliver and may not conclude any contract with the User.
Once Malvarrosa Film Lab receives the order from the User through the Website, an email will be sent with the payment instructions. When selecting the payment method, the User confirms that this payment method used is his property.
Orders in which the User selects as a means of payment the bank transfer, will be reserved for 5 calendar days from the order confirmation in order to leave enough time for the bank transfer to be taken into account by the payment system used by Malvarrosa Film Lab for the Website. When the system receives the transfer, the order will be prepared and managed for shipment. By means of this payment method, the User must ensure that he correctly enters the exact amount of the purchase order, as well as the account number and the reference of the transfer. In case of error, Malvarrosa Film Lab will not be able to validate the order, which will be canceled.
In the case of choosing the payment method of Paypal, the User will be responsible for the payment of a commission of 4%, added to the final price of the product, which will be reported both in the initial order and in the final invoice.
6. DELIVERY
The purchase order consisting of the related services in each purchase confirmation will be delivered within the term indicated on the Website according to the shipping method selected by the User.
If, for any reason attributable to it, Malvarrosa Film Lab is unable to meet the delivery date, it will contact the User to inform them of this circumstance, and the User may choose either to proceed with the purchase by setting a new delivery date or to cancel the order with a full refund of the price paid.
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 proceeds to download the photographs via Wetransfer/Filemail/ file-sharing platform, which will be confirmed by receiving the confirmation mail.
7. TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that if he detects that an error has occurred when entering the necessary data to process his order on the Website, he/she may modify them by contacting hola@malvarrosafilmlab.com
In any case, the User, before clicking on “Send”, has access to the order form, where they are writing down their purchase requests and can make changes.
Likewise, the User is referred to consult the Legal Notice and General Conditions of Use to obtain more information on how to exercise their right of rectification as established in Organic Law 15/1999, of December 13, on the Protection of Data of Personal character.
8. RETURNS
The services of developing and scanning are not subject to the possibility of refund, due to its nature, collected in the exceptions to the right of withdrawal. This is reflected 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. This same Law establishes that the Right of withdrawal will not attend 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 acknowledgment on their part that they are aware that, once the contract has been completely executed by Malvarrosa Film Lab, it will have lost its right of withdrawal.
9. DISCLAIMER OF LIABILITY
Unless otherwise provided by law, Malvarrosa Film Lab shall not accept any liability for the following losses, regardless of their origin:
- Any losses that are not attributable to any breach on its part.
- Any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products was entered into.
Likewise, Malvarrosa Film Lab also limits its liability in the following cases:
- It shall act with the utmost diligence to make the product subject to the purchase order available to the company responsible for its transport. However, it shall not be liable for any damages arising from malfunctioning of the transport service, particularly due to causes such as strikes, roadblocks, or, in general, any other circumstances inherent to the sector that result in delays, loss, or theft of the product.
- Technical failures which, due to unforeseen events or other causes, prevent the normal operation of the service via the internet. Lack of availability of the Website due to maintenance or other reasons that prevent access to the service. Malvarrosa Film Lab uses all reasonable means at its disposal to carry out the purchase, payment, and shipping/delivery process; however, it shall be exempt from liability for causes not attributable to it, including fortuitous events or force majeure.
- In general, Malvarrosa Film Lab shall not be liable for any failure to perform or delay in the performance of any of the obligations assumed where such failure or delay is due to events beyond its reasonable control, that is, events of force majeure. In such cases, the obligations shall be suspended for the duration of the force majeure event, and Malvarrosa Film Lab shall be granted an extension of time to perform them equal to the duration of the force majeure. Malvarrosa Film Lab shall use all reasonable efforts to find a solution that allows it to fulfill its obligations despite the force majeure event.
10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User agrees that most communications with Malvarrosa Film Lab will be electronic (email or notices posted on the Website).
For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that any contract, notice, information, and other communications that Malvarrosa Film Lab sends electronically comply with the legal requirements of being in writing. This condition shall not affect the rights granted to the User by law.
The User may send notices and/or communicate with Malvarrosa Film Lab through the contact details provided in these Terms and, where applicable, through the contact areas of the Website. Likewise, unless otherwise stipulated, Malvarrosa Film Lab may contact and/or notify the User via the email address or postal address provided.
11. WAIVER
No waiver by Malvarrosa Film Lab of any specific legal right or action, or any failure by Malvarrosa Film Lab to require strict performance by the User of any of its obligations, shall constitute a waiver of any other rights or actions arising from a contract or from these Terms, nor shall it release the User from compliance with its obligations.
No waiver by Malvarrosa Film Lab of any of these Terms or of the rights or actions arising from a contract shall be effective unless it is expressly stated to be a waiver and is formalized and communicated to the User in writing.
12. SEVERABILITY
If any of these Terms are declared null and void by a final decision issued by a competent authority, the remaining clauses shall remain in force and shall not be affected by such declaration of nullity.
13. ENTIRE AGREEMENT
These Terms and any document expressly referred to herein constitute the entire agreement between the User and Malvarrosa Film Lab in relation to the subject matter of the sale and replace any prior agreement, arrangement, or promise, whether oral or written, between the same parties. The User and Malvarrosa Film Lab acknowledge that they have entered into the contract without relying on any representation or promise made by the other party, except as expressly stated in these Terms.
14. DATA PROTECTION
Any personal information or data provided by the User to Malvarrosa Film Lab in the course of a transaction on the Website shall be processed in accordance with the applicable data protection policies (Legal Notice and Terms and Conditions). By accessing, browsing, and/or using the Website, the User consents to the processing of such information and data and declares that all information and data provided are true and accurate.
15. APPLICABLE LAW AND JURISDICTION
Access to, browsing, and/or use of this Website and contracts for the purchase of products through it shall be governed by Spanish law. Any dispute, issue, or disagreement arising from or related to access to, browsing, and/or use of the Website, or to the interpretation and performance of these Terms, or to sales contracts between Malvarrosa Film Lab and the User, shall be subject to the exclusive jurisdiction of the Spanish courts and tribunals.
16. COMPLAINTS AND CLAIMS
The User may submit complaints, claims, or any other comments to Malvarrosa Film Lab through the contact details provided at the beginning of these Terms (General Information).
In addition, Malvarrosa Film Lab has official complaint forms available to consumers and users, which may be requested from Malvarrosa Film Lab at any time using the contact details provided at the beginning of these Terms (General Information). Furthermore, if a dispute arises from the conclusion of this purchase contract between Malvarrosa Film Lab and the User, the User, as a consumer, may request an out-of-court dispute resolution in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer matters. This method may be accessed via the following website: http://ec.europa.eu/consumers/odr/.