INTRODUCTION

The present General Conditions, together with the Special Conditions that may be established, regulate the legal relationship derived from the contracting processes formalized through this website or from this website, and may be contracted by any user as long as he/she complies with all the terms stipulated in the present Conditions.
This document is available at all times for reading and printing on this website, facilitating the request for downloading from here, as established by the General Law for the Defense of Consumers and Users.
Pursuant to the provisions of Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce (LSSI), the following information is provided: Website edited and managed by Manuel Martín Pérez, Address: c/ Arjona, 16, L, 23-29. C.P. 41001, Sevilla; email: [email protected], hereinafter also referred to as THE COMPANY, THE AUTHOR or FRACTALINA. Its business activity is graphic design.

The present conditions will exclusively govern the purchase of the designs created by the author, through the website fractalina.com owned by FRACTALINA as a provider. The acceptance of this document implies that the user:
– Has read, understood and accepted what is set forth herein.
– Is a person with sufficient capacity to contract.
– Assumes all the obligations set forth herein.

The present conditions will have an indefinite period of validity.
By accepting these conditions the User is bound by these terms, which, together with the privacy policy, govern the business relationship. If the user does not agree with any part of the terms, he/she will not be able to purchase any of the services offered.
The products/services are available only to natural persons over 18 years of age and legal entities.

1. PURPOSE AND GENERAL
The purpose of this document is to establish the General Conditions of Contract for the sale of designs that are exposed through the web and that can be purchased with the corresponding license from the author holder of all intellectual property rights and / or industrial on them, in exchange for a certain price (hereinafter the product / service) provided by FRACTALINA through fractalina.com (hereinafter the web). The use and contracting of the Service implies the adherence and express acceptance of these General Conditions of Contract, the particular conditions that, if applicable, may be applicable, as well as the Privacy Policy and the Cookies Policy.
The present General Conditions of Use, Conditions of Sale and Privacy Policy regulate the use of the website fractalina.com (hereinafter «the Website»), of which FRACTALINA is the owner.
The present Conditions, together with the particular conditions that may be established, regulate the legal relationship derived from the contracting processes formalized by the User through the fractalina.com website or from it. The User expressly accepts the full and unreserved adherence to the present stipulations in the version published by FRACTALINA at the time the User acquires the products/services and in which he/she is interested. Therefore, the User undertakes to carefully read the terms and conditions of contract, each time you proceed to the hiring of any product since the same may have been subject to modification since the last time he/she accessed. The present Conditions do not exclude the possibility that certain products offered through the web site are subject to special conditions, in which case, they will be made available to the User.

By means of the acceptance of the present Conditions the User declares:
a. That he/she is a person with the capacity to contract.
b. That he/she has read and accepts the present Conditions.

The User will have access always and in any case, prior to the start of the procedure of contracting products to the conditions of contract, and may be stored and / or reproduced on a durable medium. FRACTALINA makes available to the User the e-mail address [email protected] in order to answer any questions regarding these Conditions or the particular conditions.
Through its website, THE COMPANY provides information about its products and offers the possibility of their acquisition.
In any case, Users who access these parts of the Website agree to be subject to the terms and conditions contained in these General Conditions, to the extent that it may be applicable.
THE COMPANY wishes to inform its Clients and Users that it is directed exclusively to a public over 18 years of age and that the territory in which it accepts and distributes orders is Spain and other countries (Germany, Austria, Guernsey Bay, Belgium, Denmark, France, Gibraltar, Greece, Ireland, Italy, Jersey, Luxembourg, Monaco, Norway, Netherlands, Portugal, United Kingdom, San Marino, Sweden, Switzerland, Vatican, Algeria, Bulgaria, Cyprus, Croatia, Slovakia, Slovenia, Estonia, Finland, Greenland, Hungary, Iceland, Faroe Islands, Kosovo, Latvia, Liechtenstein, Lithuania, Morocco, Montenegro, Poland, Czech Republic, Romania, Tunisia, Albania, Belarus, Bosnia and Herzegovina, Macedonia, Malta, Moldova, Russia, Serbia, Turkey, Antigua and Barbuda, Argentina, Aruba, Bahamas, Barbados, Belize, Bermuda, Bolivia, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Curaçao, Dominica, Ecuador, El Salvador, United States, Grenada, Guatemala, Guyana, Haiti, Honduras, Cayman Islands, Jamaica, Mexico, Nicaragua, Panama, Paraguay, Peru, Dominican Rep. St. Kitts and Nevis, St. Vincent and Grenadines, St. Lucia, Suriname, Trinidad and Tobago, Uruguay, Venezuela, Afghanistan, Saudi Arabia, Armenia, Azerbaijan, Bahrain, Bangladesh, Brunei, Bhutan, Cambodia, China, North Korea, South Korea, Egypt, Arab Emirates, Philippines, Georgia, Hong Kong, India, Indonesia, Iran, Iraq, Fiji Islands, Marshall Islands, Solomon Islands, Israel, Japan, Jordan, Kazakhstan, Kyrgyzstan, Kiribati, Kuwait, Laos, Lebanon, Macau, Malaysia, Maldives, Mongolia, Myanmar, Nauru, Nepal, New Caledonia, Oman, Pakistan, Palau, Papua New Guinea, Philippines, Qatar, SAMOA, Singapore, Syria, Sri Lanka, Thailand, Taiwan, Tajikistan, Palestinian Territories, East Timor, Tonga, Turkmenistan, Tuvalu, Vanuatu, Vietnam, Australia, New Zealand).

IDENTIFICATION OF THE CONTRACTING PARTIES
On the one hand, FRACTALINA, Address: c/ Arjona, 16, L, 23-29. C.P. 41001, Sevilla; Email: [email protected]; on the other hand, the User, who is the one who makes use of the website, as well as of the products, services, contents and/or tools offered through it and whose identification data are those provided directly by him/her through the incorporation of his/her data to the different forms that [email protected] makes available to him/her.
directly by the User through the incorporation of their data in the various forms that https://fractalina.com/ makes available to access for a fee or free of charge to any of the products, services, content and / or tools offered through the website owned by FRACTALINA. The responsibility for the authenticity of the data provided corresponds directly and exclusively to the User.

3. MODIFICATION OF THE TERMS AND CONDITIONS OF CONTRACTING AND USE OF THE WEBSITE.
FRACTALINA may modify the present stipulations whenever there is sufficient cause or reason to do so. It is understood that there is sufficient cause or reason for the modification, including but not limited to, when the purpose of the modification is:

a. Expand the range or number of products and services made available to the User or improve existing ones.

b. To adapt the products and services object of the present contract to the advances that can be produced due to the development of the new technologies of the information.

c. Modify, replace or update the prices of the products and services offered through the website.

d. Modify, replace or update the conditions of the license of use of the designs offered through the website.
offered through its website.

If the modifications constitute a substantial change in the terms, https://fractalina.com/ will notify by posting an announcement on this website, without affecting the products or services that were purchased prior to the modification.

4. DESCRIPTION OF THE SERVICE
https://fractalina.com/ offers a service for the sale of licenses for the use of digital designs, physical products derived from such designs and any other variety of products from the author’s original creations.
Limited Work
All FRACTALINA «Backlit LED Frames and Boxes» have a limited production of 10 pieces per artwork/ image.
«Limited Edition Prints» on paper are limited to 30 reproductions per artwork/ image.
All works are accompanied by a certificate issued by the author, with numbering and authenticity stamp that certifies the exclusivity of the work. The author agrees to comply with these limitations regarding the reproduction of his own work.
The user who wishes to make a purchase of products or services should contact the owner of the website through the specific contact form contained in the website https://www.fractalina.com/en/contact.html .

5. PROCESS OF PURCHASE
5.1. Necessity of Registration
In general, for the purchase of the products/services of the web, it will not be necessary the Registration of the User, since the purchase process is perfected in a direct way with the company by the special conditions of personalization and obtaining of license of the products.

5.2 Price
The prices of the products/services are offered to customers on a personalized basis, depending on the needs expressed and the customization of the product to the customer’s requirements, considering the scope of the license of use and exploitation to which the CUSTOMER wants to access. Prices are expressed in euros (€) and include VAT (Value Added Tax) applicable in Spain.
Value Added Tax (VAT) applicable in Spain.
However, in accordance with the provisions of Law 37/1992, of December 28, 1992, on Value Added Tax, the transaction may be exempt or not subject to VAT depending on the country of residence of the buyer and the condition in which the buyer acts (businessman/professional or individual). Consequently, in some cases the final price of the order may be altered with respect to the applicable tax treatment.

5.3 Purchase procedure
The language in which the User may formalize the contract is Spanish. The procedure for purchasing products through the Website is as follows:
1º.- The User, prior to the purchase process, must read and understand the characteristics of the product and the scope of the license of use and/or exploitation that he/she is going to acquire.
2nd – The user must request information about the product to be purchased through the contact form provided on the website https://www.fractalina.com/en/contact.html, from where he/she will be provided with all the necessary information about the product/service he/she is interested in purchasing and the scope of the license of use and/or exploitation.
3ª.- In the first contact with the CLIENT, information will be requested regarding their space needs, style and available budget in order to propose an artistic solution in terms of size, format and materials for the desired fractal object (product/service).
A proposal will be sent to the client at the e-mail address provided with the product options and prices according to the needs and conditions expressed.
4ª.- Once all the details of the product have been defined: image, format, materials and finishes desired by the client, the CLIENT will be able to confirm the purchase of the product, for which the payment of 50% of the budget will be required in order to start the production.
In case of wanting to complete the purchase, the user must provide personal data necessary to proceed with the purchase: name, surname, ID card number, address. The accepted method of payment is by bank transfer. No other payment method is accepted.
The User must provide all the requested data, accept the Privacy Policy, the cookies policy, these «General Conditions of Purchase» and the specific license of use of the digital product to be purchased. All data provided by the User must be accurate, current and truthful.
5º.- The customer will receive in the e-mail address provided an e-mail with all the information of the product/service to be purchased, of these «General Conditions of purchase» and of the license of use that is applicable to the product to be purchased.
The customer must return the signed documentation with its conformity and proof of payment of 50% to consider the purchase confirmed and to start the manufacturing process of the product. The time elapsed from the acceptance of the quotation to the manufacturing and delivery of the product is approximately 20 days. This period may be altered
This period may be altered due to the special characteristics of the product, which is handmade and because the creation processes may involve the intervention of several professionals. In case of this circumstance, it will always be communicated to the customer for his knowledge.
6ª.- Once the manufacture of the product selected by the customer is finished, the customer will be informed in order to make the payment of the remaining 50% of the agreed price to proceed with the shipment. Shipping costs are included in the final price of the product accepted by the customer.

5.4 Sending invoices
The User knows and accepts that https://fractalina.com/ will send their invoices in PDF format to the email address provided during the registration process. However, the User may request at any time that the invoices be sent to him/her in paper format, for which he/she must send his/her request to [email protected].

6. RIGHT OF WITHDRAWAL. REPLACEMENT OF GOODS.
Article 103 of RD Legislative 1/2007 of 16 November, which approves the Revised Text of the General Law for the Protection of Consumers and Users, in its letter c) includes as an exception to the right of withdrawal «The supply of goods made according to the specifications of the consumer and user or clearly personalized», which is why the products sold by FRACTALINA are not subject to the right of withdrawal.
for the reason that the products sold by FRACTALINA, being personalized and adapted to the customer’s requests, are not subject to the right of withdrawal of consumers contained in the aforementioned rule.
FRACTALINA’s backlit pictures are customized and manufactured according to the customer’s needs and desires, so there is NO right of return. Reproductions on high quality paper have NO right of return, as well as the frames with which it is possible to accompany them.

7. WARRANTY
In application of the General Law for the Defense of Consumers and Users and other Complementary Laws (Royal Legislative Decree 1/2007 of November 16, 2007), FRACTALINA is liable to buyers for any lack of conformity that exists at the time of delivery or supply and manifests itself within three years of delivery in the case of goods or two years in the case of digital content or services.
In case of damage caused to products by the carrier, the product will be replaced if the goods are received with defects. In this case, the buyer must reject the package and contact us by email, sending to [email protected] at least 2 photographs of the damage in the package, within a maximum period of 48 hours from the incident. Once the claim is accepted, the product will be replaced as soon as possible, within a maximum period of two months.
In the case of non-conformity during the warranty period of each product, it will be communicated by the buyer by email, sending to [email protected] a detail of the reasons for the lack of conformity. Once the request is received, we will provide you with a tracking number and we will decide on its origin within 15 calendar days.
In case of a favorable decision, the product will be replaced within a maximum period of 2 months from the resolution of the claim notified by email to the buyer.
Please note that defects or deterioration of the products caused by everyday use, accidental damage, deliberate damage, general wear and tear of the product, handling, misuse, improper maintenance or repair attempts by non-FRACTALINA personnel are not covered under this warranty.

8. OBLIGATIONS OF THE CUSTOMER
The customer of https://fractalina.com/ undertakes to provide real and truthful data in the information requested and necessary to complete the sale. The CLIENT assumes that, if the data entered are erroneous, the purchase may be cancelled if the
COMPANY does not consider sufficiently proven and linked the identity of this with the data that have been provided. Also, the user agrees to provide a valid email address to which you can send your proof of purchase. FRACTALINA reserves the right that, in case of detecting a resale or fraud on the products / services purchased, these are canceled and revoked any license to use that could have been provided, without generating any obligation to the CUSTOMER beyond the mere communication of this fact.

9. INTELLECTUAL AND INDUSTRIAL PROPERTY
The intellectual property rights on the creations of FRACTALINA marketed through the website https://fractalina.com/ belong to FRACTALINA and the fact of disclosing it to the user for the purpose of this contract, will not change this situation.
The user expressly waives any intellectual or industrial property rights provided by https://fractalina.com/ for the fulfillment of the object of this contract, maintaining at all times https://fractalina.com/ its ownership. The foregoing does not prevent FRACTALINA could offer its customers the licenses of use and / or exploitation that in each case is marketed with strict
in each case is marketed in strict compliance with its terms in exchange for the price offered.
FRACTALINA is the owner of several Trademarks, so neither this Agreement nor its annexes shall be considered, jointly or separately, as a trademark license agreement for the user.
In the event that the information is disclosed or disclosed or used by the user or a third party, in any way, other than the purpose of this agreement, either intentionally or by mere negligence, shall indemnify FRACTALINA for damages caused, who reserves the exercise of civil or criminal actions that may correspond for that reason.
To this end, and as a minimum compensation, which does not exclude the claim for other damages that may be caused by the disclosure of the information provided by FRACTALINA, the amount of 3,000 euros is established.
The validity of this clause shall extend its effects for the entire legal term of ownership of the author’s intellectual property rights under the provisions of Royal Legislative Decree 1/1996 of April 12, 1996, approving the revised text of the Intellectual Property Law and international regulations applicable to the matter.

10. CONFIDENTIALITY
The user will only use the information provided by https://fractalina.com/ or in the process of purchasing the products/services for the purpose that constitutes the object of these general conditions, pledging to maintain the strictest confidentiality regarding such information, preventing any third party outside this contract may have access to the information or can use it for their own benefit or that of third parties.
The user or the persons mentioned in the previous paragraph may not reproduce, modify, make public or disclose to third parties the information subject of this agreement, without prior written and express authorization from FRACTALINA.

Similarly, the user shall adopt the same security measures with respect to the information subject of this agreement as it would normally adopt with respect to its own confidential information, avoiding its loss, theft or subtraction.
Without prejudice to the provisions of this agreement, both parties agree that the obligation of confidentiality shall not apply in the following cases:
(a) When the information was in the public domain at the time of its provision to the user, once the information is provided, it accesses the public domain without infringement of any of the stipulations of this agreement.
b) When the legislation in force or a court order requires its disclosure. In such a case, the user shall notify FRACTALINA of such eventuality, and shall make every effort to ensure that the information is treated confidentially.
c) In the event that the user can prove that the information was developed or received legitimately from third parties, completely independent of their relationship with the user.

11. ASSIGNMENT OF THE CONTRACT. SUBCONTRACTING.
The user may not assign its contractual position under these general conditions, nor the rights or obligations arising therefrom in their favor or at their expense, without the prior express written consent of FRACTALINA.

12. DATA PROTECTION POLICY
The protection of user data is a top priority for FRACTALINA as responsible for this website. For complete information about your rights and the data protection policy that applies to this website and all services, please visit the Privacy Policy and the Cookies Policy of the website.

13. ACCESS AND STAY ON THE WEB. OUR CONTENTS.
Customers and Users are fully responsible for their conduct, when accessing the information on the Web, while browsing the same, as well as after having accessed. As a result of the foregoing, Customers and Users are solely responsible to FRACTALINA and third parties for:
– The consequences that may arise from a use, for illegal purposes or effects or contrary to this document, of any content of the Web, whether or not prepared by FRACTALINA published or not under its name officially. As well as the consequences that may arise from the use contrary to the contents of this document and harmful to the interests or rights of others, or in any way damage, disable or impair the Website or its services or prevent normal enjoyment by other users.
– FRACTALINA reserves the right to update the contents when it deems appropriate, as well as to remove, limit or prevent access to them, temporarily or permanently, as well as deny access to the Web to Customers and Users that
misuse the contents and / or breach any of the conditions that appear in this document.
FRACTALINA informs that it does not guarantee:

– That access to the Web and / or linked websites is uninterrupted or error free.
– That the content to which Customers and Users access through the Web or the Web link does not contain any error, computer virus or other elements in the contents that may cause alterations in your system or in the electronic documents and files stored in your system.
electronic documents and files stored in your computer system or cause any other type of damage.
– The use of the information or content of this Web or Webs of link that the Clients and Users could make for their personal purposes.

The information contained in this Web page should be considered by Customers and Users as informative and
as informative and guiding, both in relation to its purpose and its effects, which is why FRACTALINA does not guarantee its accuracy:
– FRACTALINA does not guarantee the accuracy of the information contained in this Website and therefore does not assume any responsibility for any possible damage or inconvenience to Users that may result from any inaccuracy present on the Website.

14. OUR LIABILITY
FRACTALINA assumes no liability whatsoever arising, by way of example, but not limited to:
– Of the use that Customers or Users may make of the materials of this Website or linked websites, whether prohibited or permitted, in violation of intellectual property rights and / or industrial content of the Web or third parties.
– Of the eventual damages to the Clients or Users caused by a normal or abnormal operation of the search tools, of the organization or the location of the contents and/or access to the Web and, in general, of the errors or problems that are generated in the development or instrumentation of the technical elements that the Web or a program facilitates to the User.
– Of the contents of those pages to which the Clients or Users can access from links included in the Web, whether authorized or not.
– The acts or omissions of third parties, regardless of whether these third parties may be linked to FRACTALINA by contract.
– The access of minors to the contents included on the Web, being the responsibility of their parents or guardians to exercise appropriate control over the activity of children or minors in their care or install any of the tools control for Internet use in order to avoid (i) access to materials or content unsuitable for minors, as well as the sending of personal data without the prior authorization of their parents or guardians.
– The Company shall not be liable for the communications or dialogues in the course of the debates, forums, chats and virtual communities organized through or around the Web and/or linked websites, nor shall it be liable, therefore, for any damages suffered by the Clients or individual and/or collective Users as a result of the use of the Web.
Customers or individual Users and / or groups as a result of such communications and / or dialogues.
FRACTALINA will not be liable in any case when they occur:
– Errors or delays in accessing the Website by the Customer when entering their data in the order form, the slowness or impossibility of receipt by the recipients of the order confirmation or any anomaly that may arise when these incidents are due to problems in the Internet network, causes of fortuitous event or force majeure and any other unforeseeable contingency beyond the good faith of FRACTALINA.
– Failures or incidents that may occur in communications, deletion or incomplete transmissions, so that there is no guarantee that the website services are constantly operational.
– Errors or damage caused to the website by an inefficient and bad faith use of the service by the Client.
– Of the non-operability or problems in the e-mail address provided by the Customer for sending the order confirmation.
In any case, FRACTALINA undertakes to solve the problems that may arise and to provide all necessary support to the Customer to reach a quick and satisfactory solution to the incident.
Likewise, FRACTALINA has the right to carry out during defined time intervals, promotional campaigns to encourage purchases. THE COMPANY reserves the right to modify the conditions of application of the promotions, to extend them duly communicating it or to proceed to the exclusion of any of the participants of the promotion in the event of detecting any anomaly, abuse or misuse of the promotion.
The COMPANY reserves the right to modify the conditions of application of the promotions, to extend them or to proceed to the exclusion of any participant in the promotion in the event of detecting any anomaly, abuse or unethical behavior in their participation.

15. COMPLAINTS, CLAIMS AND REQUESTS FOR INFORMATION
The User may direct their complaints, claims or requests for information to FRACTALINA Customer Service by identifying themselves with name and surname, ID, full contact address, telephone and email, by sending an email to the address [email protected].
FRACTALINA will respond to complaints received in the shortest possible time and in any case within a maximum period of one month from the submission of the claim. FRACTALINA will provide the User with an identification code and a written receipt, by email, so that the User has a record of his complaint or claim.

16. VOID
In the event that any provision of these Terms of Use is declared invalid, the remaining provisions shall remain in force and shall be interpreted taking into account the will of the parties and the purpose of these Terms of Use.
FRACTALINA may not exercise any of the rights and powers conferred in this document, which will not imply in any case the waiver of the same unless expressly recognized by FRACTALINA or prescription of the action that in each case corresponds.

17. MODIFICATION OF THE TERMS OF USE
FRACTALINA reserves the right to modify, at any time, the presentation and configuration of the Website, as well as these General Conditions. Therefore, FRACTALINA recommends the Customer to read them carefully each time you access the Website.
Customers and Users will always have these Terms of Use in a visible place, freely accessible for any queries you want to make. In any case, the acceptance of the Terms of Use will be a prior and indispensable step to the acquisition of any product available through the Website.

18. APPLICABLE LAW AND ARBITRATION
These Terms of Use are governed by the applicable Spanish law.
To resolve any controversy or dispute arising from these Terms of Use, the parties submit to the jurisdiction of the courts of the city of Seville.