(Updated as of June 27, 2022)
Please read these Terms & Conditions carefully and make sure you understand them before ordering any Products from our Platform. Please note that by ordering any of our Products, you agree to be bound by these Terms & Conditions and the other documents expressly referred to in them. If you refuse to accept these Terms, you will not be able to order any Products from our Platform. Our Terms & Conditions have been drafted to govern the business relationship between you and us and are intended to be binding and fair. A User, in addition, must register to become a Customer and must agree to the Privacy Policy.
The Products:
Images of the Products displayed on our Platform are for illustrative purposes only. While we have made every effort to display colors accurately, we cannot guarantee that the display of the colors on your computer accurately reflects the color of the Products. The Products may vary slightly from these images and the depiction of the Products with accessories, e.g. frames, may be used for illustrative purposes only. We advise you to check whether or not the Product you wish to purchase includes such accessories before ordering.
If you have decided to purchase a printed photograph, you should note the following:
-Printed photographs are always dependent on environmental influences, their color and appearance may change or fade . In order to continue to enjoy these Products, you should not expose the photographs, prints or frames in whole or in part to sunlight or light with ultraviolet radiation. They should not be placed near sources of heat or high temperatures. They should not be exposed to humidity levels higher than expected in a normal living room, therefore they should not be placed in outdoor areas, basements, bathrooms or kitchens. These should be handled with gloves so as not to leave fingerprints, scratches, dirt, etc. on them.
About us:
Carlos Ruiz Fotografía provides this Platform. We are located in Medellin, Colombia. Our address is Calle 39A #34-95. To contact us, you can do it through our page with the contact form, or with our mail which is info@carlosruizfotografia.com and any communication must only be written in Spanish or English, other languages are not accepted.
CONTRACT OF PURCHASE OF PRODUCTS
USE OF OUR WEBSITE
These Terms and Conditions are important to both you and us as they are designed to create a legally binding agreement between us protecting your rights as a customer and our rights as a company. You declare that, by placing your order, you have read and accept without reservation these Terms and Conditions.
These Conditions govern the contractual relationship between Carlos Ruiz Fotografía and you as a result of your intention to purchase the photographs marketed by our company. To these effects, they will have the consideration of Photographs any photo, image, transparency, negative, prints or any other type of physical or electronic material.
In this sense, you will be able to acquire photographs within the online galleries, that is to say, by downloading files or photographs on paper, which will be sent to you physically.
You agree that:
You may only use the website to place legally valid orders.
You may not place any speculative, false or fraudulent orders. If we have reasonable grounds to believe that such an order has been placed we will be entitled to cancel it and inform the relevant authorities.
You also undertake to provide us with true and correct email address, postal address and/or other contact details and you agree that we may use this information to contact you if necessary (see our Privacy Statement).
If you do not provide us with all the information we need, we will not be able to fulfill your order.
By placing an order through this website, You warrant to Us that You are over 18 years of age and have the legal capacity to enter into binding contracts.
Availability:
The printed photographs offered through our Platform will only be available in Colombia. If you reside in another country, you must request it by contacting us through the mail info@carlosruizfotografia.com, due to border restrictions, legal impositions and taxes of each country, among other things. Downloadable photographs are not affected by such restrictions.
All product orders are subject to product availability and, in this regard, the purchase of:
* Downloadable photographs will only be available for a period of two weeks from the time they are made available to users.
REFUSAL TO PROCESS AN ORDER
We reserve the right to remove any Photographs from this website at any time and/or to remove or modify any material or content on this website. Although we will do our best to always process all orders, there may be exceptional circumstances that require us to refuse to process any order after we have sent the Order Confirmation, and we reserve the right to do so at any time, at our sole discretion.
We shall not be liable to you or to any third party for removing any product from this website, whether or not such product has been sold, removing or modifying any material or content on the website, or for refusing to process an order once we have sent you the Order Confirmation.
RIGHT OF WITHDRAWAL
In general and in application of the provisions of Article 47 of Law 1480 of 2011, “Consumer Protection Statute”, consumers and Users have a right to retract purchases made at a distance, for which you have a maximum period of five working days, provided that the Product is returned unpacked in the same condition in which it was sent to you. The customer must assume the costs of return, contracted with the same company that transported the product in the initial shipping process. The customer also has the right to have the value of the purchase refunded within the following 30 days. THIS RIGHT WILL NOT BE APPLICABLE TO THE SUPPLY OF DIGITAL PHOTOGRAPHS DOWNLOADED ONCE THE DOWNLOAD LINK HAS BEEN USED.
RETURNS FOR DEFECTIVE PRODUCTS
In general, it will not be accepted any type of return of the photographs purchased because it is material susceptible to immediate reproduction by the user from the time of receipt, either in electronic format or on paper.
However, paper photographs may be returned and refunded, provided that the Customer communicates to Carlos Ruiz Fotografía its intention to return the product/s purchased within a maximum period of 5 days from the date of delivery and that the rest of the conditions set out in this section are met:
Carlos Ruiz Photography will only accept returns that meet the following requirements:
Photographs with defects in the printing process.
The return of the Product must be accompanied by a written communication with the following data:
Data of the person who purchased the product:
First name:
Last Name
Full address
Data relating to the contract:
Type of product:
Product description:
Date of purchase:_____________
Remarks/Reason for return: ______________________________________________________________________________
To proceed with a return, you must follow the following steps:
Inform before 5 days from receipt that the product wants to be returned. The information may be made via mail to info@carlosruizfotografia.com, sending the return document indicated above.
Carlos Ruiz Fotografía will inform the customer of the return of the photograph(s).
Carlos Ruiz Fotografía will manage the order of return of the amount under the same system that was used for the payment within 30 days from the confirmation of the arrival of the photograph(s).
DELIVERY
Delivery of downloadable photographs:
It will be carried out immediately and by downloading them from the download link enabled for this purpose by our company.
Physical delivery of the photographs:
Once the Product has been ordered, if it is in stock, it will be shipped immediately. If it is not in stock, the printing may take a week or more, depending on the amount of work at the time of the order. All of the above will be agreed upon by email. The delivery time by the transport company will depend on the distance to the destination, damages in the road infrastructure, public order, unforeseen situations, etc.
For the purposes of these Conditions, “delivery” shall be deemed to have occurred or the product(s) to have been “delivered” at the time of signing for receipt of the product(s) at the agreed delivery address.
PRICE
The price of the products does not include shipping costs. These will be specified separately.
The price of the products will be the one stipulated at any time on our website, except in case of manifest error. Although we try to ensure that all prices listed on the site are correct, errors may occur. If we discover an error in the price of the products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be considered cancelled and you will be fully reimbursed for any amounts paid.
We shall not be obliged to supply you with the product(s) at the incorrect lower price (even if we have sent you a Shipping Confirmation) if the pricing error is obvious and unmistakable and could reasonably have been recognized by you as the incorrect price.
Prices may change at any time, but (except as set out above) any such changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
PAYMENT METHOD
The payment of the orders will be made immediately to its processing by means of:
Paypal. Except in Colombia that will have the options of Paypal and bank transfer.
Payment through bank transfer or deposit in account. For this purpose you must transfer the total amount of your purchase including the value of transport to the Nequi account that will be provided at the time of choosing this option. The order will not be processed until the payment has been verified.
With all this, we want to facilitate the convenience of your payments and your privacy at all times.
INTELLECTUAL PROPERTY
The acquisition of the photographs is carried out for your personal use, so that nothing under this contract can be understood as a transfer of intellectual property rights in favor of users. At all times, our company and/or the photographer, as the case may be, will remain the full owner of all intellectual property rights of the photographs.
Any reproduction, distribution, public communication and/or transformation of any photograph purchased on our Platform is strictly prohibited, except for downloadable digital photographs, of which only one physical print will be allowed per download purchased on our Platform.
LIABILITY AND DISCLAIMER OF LIABILITY
Our liability in connection with any product/photography purchased on our Platform shall be strictly limited to the purchase price of such Product.
Nothing in these Terms of Purchase excludes or limits our liability in any way:
In the event of death or personal injury caused by our negligence;
In case of fraud or fraudulent misrepresentation; or
In any matter in which it would be illegal or unlawful for us to exclude, limit or attempt to exclude or limit our liability.
Without prejudice to the foregoing paragraph and to the extent permitted by law, and except as otherwise provided in these Conditions, we will not accept any liability for consequential damages arising as a secondary effect of any loss or consequential damages, however arising, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, including but not limited to the following:
loss of income or sales;
loss of business;
loss of profits or loss of contracts
loss of anticipated savings;
loss of data; and
loss of management time or office hours.
Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of information transmitted or obtained through this website unless expressly stated otherwise on this website.
All product descriptions, information and materials on this website are provided “as is” and without warranties expressed, implied or otherwise.
To the fullest extent permitted by law, we exclude all warranties, except those warranties which cannot be lawfully excluded in relation to consumers.
The provisions of this clause shall not affect your statutory rights as a consumer or your right to withdraw from the Contract.
WRITTEN COMMUNICATIONS
Applicable law requires that some of the information or communications we send you must be in writing. By using this website, you agree that most communications with us will be electronic. We will contact you by e-mail or provide you with information by posting notices on this website. For contractual purposes, you consent to use this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we send to you electronically comply with legal requirements to be in writing. This condition shall not affect your statutory rights.
NOTIFICATIONS
Notices sent by you to us should preferably be sent through our contact form. In accordance with the provisions of this agreement, we may send communications to you either by e-mail or to the postal address provided by you when placing an order.
Notifications will be deemed to have been received and properly made at the time they are posted on our website, 24 hours after an e-mail is sent, or three days after the postmark date of any letter. To prove that the notification has been made, it will be sufficient to prove, in the case of a letter, that it was properly addressed, properly stamped and duly delivered at the post office or in a mailbox and, in the case of an e-mail, that it was sent to the e-mail address specified by the recipient.
ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The Agreement between you and us is binding on both you and us and our respective successors, assigns and assignees.
You may not convey, assign, encumber or otherwise transfer a Contract or any of the rights or obligations under it to or for You without obtaining our prior written consent.
We may convey, assign, encumber, subcontract or otherwise transfer a Contract or any of the rights or obligations under a Contract to or for us at any time during the term of the Contract. For the avoidance of doubt, such assignments, assignments, encumbrances or other transfers will not affect your statutory rights as a consumer or void, reduce or otherwise limit any express or implied warranties that we may have given to you.
EVENTS BEYOND OUR CONTROL
We will not be liable for any failure or delay in the performance of any of our obligations under a Contract caused by events beyond our reasonable control (“Force Majeure Event”).
Force Majeure Causes shall include any act, event, failure to exercise, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following:
Strikes, lockouts or other industrial action.
Civil commotion, riot, invasion, terrorist attack or terrorist threat, war (whether declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, flood, earthquake, subsidence, epidemic or any other natural disaster.
Inability to use trains, ships, airplanes, motor transport or other means of transportation, public or private.
Impossibility of using public or private telecommunications systems.
Acts, decrees, legislation, regulations or restrictions of other governments.
Strike, failure or accidents of maritime or river transport, postal or any other type of transport.
Our obligation to perform under any Contract shall be deemed to be suspended for the period during which the Force Majeure Event continues, and we shall have an extension of time to perform our obligation for the duration of such period. We will use all reasonable efforts to bring the Force Majeure Event to an end or to find a solution whereby we can perform our obligations under the Contract despite the Force Majeure Event.
WAIVER
If, during the term of a Contract, we cease to insist upon strict performance of any of our obligations under the Contract or any of these Terms, or if we cease to exercise any of the rights or remedies that we are entitled to exercise or pursue under the Contract or these Terms, such failure shall not constitute a waiver of such rights or remedies or relieve you of such obligations.
Any waiver by us to require performance shall not constitute a waiver by us to require subsequent performance.
No waiver by us of any of these Terms shall be effective unless expressly stated to be a waiver and communicated to you in writing in accordance with the Notice section above.
SEVERABILITY
If any of these Conditions or any provision of a Contract is held to be invalid, illegal or unenforceable to any extent by any competent authority, it shall be severed from the remaining conditions and provisions which shall continue to be valid to the extent permitted by law.
COMPLETENESS OF THE CONTRACT
These Terms and any document expressly referred to herein constitute the entire agreement between you and us relating to the subject matter of the Contract and supersede any prior covenant, agreement or promise agreed between you and us orally or in writing.
You and we acknowledge that we have agreed to enter into this Agreement without relying on any representations or promises made by the other party or that could be inferred from any statements or writings in the negotiations between us prior to this Agreement, except as expressly set forth in these Terms.
Neither you nor we shall have any remedy for any untrue statement made by the other party, oral or written, prior to the date of the Contract (unless such untrue statement was made fraudulently) and the only remedy available to the other party shall be for breach of contract in accordance with the provisions of these Conditions.
OUR RIGHT TO MODIFY THESE TERMS AND CONDITIONS
We have the right to revise and modify these Terms at any time.
You will be bound by the policies and Terms in effect at the time you place each order, unless we are required by law or governmental agency decision to make changes to such policies, Terms or Privacy Statement, in which case, any such changes will also affect orders previously placed by you.
APPLICABLE LAW AND JURISDICTION
Contracts for the purchase of products through our site shall be governed by Colombian law.
Any dispute arising out of or relating to such contracts shall be submitted to the non-exclusive jurisdiction of the courts and tribunals of Medellin.
If you are contracting as a consumer, nothing in this clause shall affect your rights as a consumer under current legislation.