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Terms & Conditions

ACCEPTANCE OF TERMS & CONDITIONS

Using shotindonostia.com services always involve prior reading and acceptance of these General Terms and Conditions. By accepting them, the user warrants that is a person of legal age and able to formalize it, and has read and accepts the instructions in it. In this regard, the user is informed that these conditions are complemented by all the provisions of LEGAL WARNING on this website as well as the provisions of the PRIVACY POLICY, which the user must also give their consent to. Likewise, and in order to enable a better understanding of the conditions of employment by the user, we offer a section of FREQUENTLY ASKED QUESTIONS. We recommend you to read it entirely before making a reservation.

The validity of the rights and obligations under these General Terms and Conditions will remain after the execution of the contract. Each time a service is requested through this website, the Terms and Conditions then in effect will apply to all contracts established. It is understood that these Terms and Conditions may not be modified, except with the express written consent by shotindonostia.com.

 

LEGISLATIVE AREA

According to the applicable law, these General Terms shall in all cases subject to the provisions of both Law 7/1998 of April 13, on General Conditions of Contract, as Royal Decree 1/2007, of November 16, approving the text of the General Law for the Defense of Consumers and Users and other complementary laws; as well as Law 7/1996 of January 15 on Retail Trade. Notwithstanding the foregoing, may also apply Law 15/1999 of December 13 on Protection of Personal Data, Royal Decree 1720/2007 of December 21, on the development of the previous law, and where appropriate, Royal Decree 1906/1999, of December 17, 1999, on the regulation of Telephone or Electronic Contracts with general conditions, and Law 34/2002 of July 11, on Services of the Information Society and Electronic Commerce.

 

BOOKING SERVICES

Shotindonostia.com provides the user the possibility of hiring a number of services consisting of exclusive photo sessions provided by a set of professional photographers based in the city of San Sebastian. These services are provided by such photographers and not by shotindonostia.com. Shotindonostia.com deals with receiving bookings for sessions and transmit them to the professionals and manage payments made by the user in relation to such reserves. Thus, photographic services that can be booked through this website are the responsibility of the photographer who lends or supplies them.

Shotindonostia.com guarantees the user to obtain the services contracted by the price set at the time payment is made. Meanwhile, you warrant that all data provided both for identification purposes and for payment, are true. The user ensures that is the rightful owner of the means of payment used, or has the necessary legal authorization in case of formalizing the payment on behalf of a legal entity.

The user is responsible for the data provided and therefore undertakes to assume any risk inherent in the fact of providing them via Internet, without prejudice to shotindonostia.com using all means available to protect and guarantee confidentiality of these data.

These Terms and Conditions on booking may change over time. Whenever you want to make a booking through shotindonostia.com, take a look at these Terms and Conditions and make sure you understand correctly the procedures that will be applied.

 

LINKING OF CONTRACTS

From the legal point of view, when a user buys one of our services are established two contracts: A contract between the user and shotindonostia.com, under which shotindonostia.com acquires certain responsibilities regarding the booking and payment process, and another contract between the user and the photographer regarding the provision of the service is reserved through this website.

Services made available to users through this website will not be binding until the moment the user formalizes their reservation, leaving since the user and shotindonostia.com linked to the implementation of the General Conditions listed here. Also, confirmation by shotindonostia.com of any booking request made will have a binding effect between the user and the photographer, as long as all the established requirements are met.

All services available on this web site are offered by shotindonostia.com on behalf of its associated photographers. Thus, shotindonostia.com acts as booking agent for such photographers. Therefore, there is no legal or any other liability to shotindonostia.com on photographic services reserved through the website.

 

BOOKING PROCEDURE

The client can contract a photo session with shotindonostia.com from the following sections of the web:

From the BOOKING page. This page shows a calendar where the user can choose the day and time of his session according to availability. The system will show you the available photographers for the chosen date.

From the PORTFOLIO of each photographer and the file of each PROPOSAL. In each of these pages you will find a section with the title Book a Session, from which you can access the BOOKING page. On this page you will have access to the calendar with all available sessions.

Once set the date and time of booking and photographer and type of booked session, the system prompts the user data required for recruitment: name and surname, email address, identity number or passport, and country of residence (required to issue the invoice). The booking process allows you to review and modify any possible errors before confirmation.

Once registered your request, the on-line secure payment gateway will be activated to make the payment of the amount established for the reservation. No reservation may be considered complete until the confirmation of the payment. The formalization of the reservation shall be notified to the user by sending a confirmation message to the e-mail address provided. In this message a link will also be attached from which you can download a text document with these Terms and Conditions.

Important: The amount paid for the reservation will be deducted from the total price of the session contracted at the time of payment thereof.

Upon receipt of the booking confirmation, the user may request a change of date or time only if it is possible depending on availability. To this end, as soon as possible you should send an email with your request setting as subject the term “Booking Change”. In order to facilitate this process, you can use the CONTACT form of our web. Shotindonostia.com make all the necessary arrangements in order to enable the requested change, if it is possible. If it can be done, the user will be notified via a message to the provided email address. If it is not possible to make the requested change, you will be informed through the same via that you can use your right of withdrawal, provided that you are within the legal term to exercise it.

 

RIGHT OF WITHDRAWAL

From the moment that the booking amount is paid, the user will have a maximum period of 14 calendar days to withdraw from the contract concluded, provided that the reservation date is later than this deadline. If the date booked is within that period, the right of withdrawal shall expire upon reaching the reservation date and time. In both cases, the user will be entitled to the full refund of the amount paid as long as it is requested within the indicated period and by notifying it in writing through the form on our CONTACT page, indicating as Subject the term “Withdrawal”. The text of the message should show the following format:

I notify that I cancel my reservation with shotindonostia.com for the session [Session Type] with the photographer [name of photographer] booked for this date and time [Date / Time].
Client: [User Name and Surname]
Email: [User Email]
Identity Number: [User Identity]
Date: [Date of this message]
Signed: [Sender Name]

Once received the message for withdrawal, and confirmed that the request is within the period prescribed by law, shotindonostia.com shall reimburse the amount paid by the original payment way with a maximum legal term of 14 calendar days from the reception of the withdrawal request.

Important: the user accepts that once the withdrawal period established by law exceeded, is not entitled to a refund of the amount paid for the reservation.

 

BREACH OF CONTRACT

It is understood that one of the linked party has committed a breach when the abandonment of any provision or obligation inherent in the contract set to occur, and provided that such failure is attributable solely to that part. Simultaneous breach of the same clause or liability for both related parties may not be considered so as breach of contract, nor the abandonment of any of the obligations for reasons that can be legally regarded as force majeure.

In case of any breach committed by shotindonostia.com in the group of clauses that affect the process of booking and payment thereof, the user will have legal right to request the termination of the binding contract. Such resolution assumes the total cancellation of the contract between the user and shotindonostia.com, and will have as a consequence the refund of the amount paid by the user for the reservation by the original payment way and the cancellation of the contract between the user and the associate photographer, even if the service has not been provided.

Important: Lack of attendance at a session booked through shotindonostia.com, or a delay in attending to it that exceeds the limit of thirty minutes shall be considered as a breach by the user of the binding contract with the hired photographer, as long as they occur without warning and for reasons that can not be legally considered as force majeure. Likewise, the lack of veracity or inaccuracy in any of the data provided by the user during the booking process will also be considered as a cause of breach of contract on their part. In all these cases the photographer reserves the right to change the terms presented in these Terms and Conditions by mutual agreement with the user, or ultimately, to cancel the contract leaving it without effect.

 

LEGAL RESPONSABILITY

In case of negligence and / or breach of contract against the user, shotindonostia.com be liable for any loss or damage suffered as a result, provided that they are foreseeable. Loss or damage is foreseeable if it is the obvious consequence of negligence or breach of contract, or if it had been considered like that at the time of signing the contract.

Shotindonostia.com accepts no legal liability for the following types of injury or damage, come caused by a breach of contract (including negligence) or otherwise, even if the damage is foreseeable: loss of income or profits, loss of business, loss of profits, loss of anticipated savings, loss of data, or loss of management time or office hours.

 

PROBLEM RESOLUTION

Upon notification of any complaint or claim by the user in relation to the booked session shotindonostia.com will proceed to contact the associated photographer with the order to fix it on behalf of the user. In addition, or as an alternative, if the user is not satisfied with the services received by the hired photographer, shotindonostia.com can provide a direct communication channel with the same order to resolve the issue by mutual agreement.

If you could not solve the problem, and taking into account all the circumstances and in our sole discretion, shotindonostia.com may elect to grant the user a credit for the use or purchase of any future service through our website, or in extreme circumstances and always in our sole discretion, to refund the amount paid by the user. In that case, the user shall accept that shotindonostia.com has 14 calendar days to effect any refund.

We want to know the experience of our users and we want to make sure to maintain the highest quality possible in our services, so if you want to submit a complaint, opinion, or recommendation about any of our photographers or booked sessions, you can send us an email via form on our CONTACT page.

 

PRICES AND PAYMENTS

The prices applied to the contracted services will be the listed on the website at the time of booking. In case of change in the price of services the website will be updated accordingly, but the change will not affect bookings made before the date of modification. All prices include VAT and are indicated in Euros.

The user must pay the amount established for the booking by credit or debit card, using our online payment application. Shotindonostia.com takes all reasonable measures to ensure that our payment application is available and working at all times, but can not guarantee one hundred percent continuous, uninterrupted or secure access to such application. Likewise, shotindonostia.com tries to ensure that payments are processed promptly, but this depends on many factors beyond their control, such as delays in the banking system or card networks. Access to the payment application may occasionally be restricted to allow repairs, maintenance or the introduction of new services. Any scheduled interruption of the payment application will be notified in advance to the users, and in all cases the pertinent measures will be taken for its prompt resumption.

The user will be solely responsible for protecting the confidentiality of the user identification and any password or other security information used to access the account. Any cost of currency conversion or other charges incurred in making a payment will be borne by the user.

Once the session with the photographer is finished, the user will be able to pay the remaining amount for the total of the session by cash or by bank transfer. Regardless of the chosen way of payment , the user remains bound to a binding legal contract and is obliged to pay the service to the associate professional in full once he attends the appointment. If the user does not appear for an appointment for which he has not paid in full, he will still be linked in all cases to the contract that binds him to the photographer and to these Terms and Conditions. Once the session is finished, the user will receive an email with the detailed invoice of the services of shotindonostia.com and the associated photographer and, in case of having requested payment by bank transfer, the account number to make the transfer effective.

 

DELIVERY OF THE PHOTOGRAPHS

Once made the payment for the session, within 15 calendar days the user will receive an email with a link to our professional account at Pixieset, where they can access their own private gallery. This gallery will only be accessible to the user by a password that we will provide in the same email. From this gallery, the user can download the photographs of the session once processed by the photographer. Shotindonostia.com guarantees the delivery of a minimum of 50 photographs per session, in JPG format, digitally processed and without any watermark. The processed photographs will be available for download for a period of 30 days, which may be extended at the request of the user. During this time, the user will have the option of downloading each of the photographs in 2 different sizes: high resolution and normal resolution (web resolution). For more information visit SENDING BY PIXIESET .

Important: If the user chooses the payment by bank transfer, the delivery time of the processed photos will be subject to the receipt in our bank account of the amount transferred. In this case, the user assumes that shotindonostia.com will arrange to send the photographs of 15 calendar days from the date of receipt of the transfer.

 

OTHER ISSUES

All communications and user notifications should be sent to shotindonostia.com by email indicating the subject of the message. In order to facilitate this process, the user has a form on the CONTACT page of our website.

If the competent authority determines that any of these Terms and Conditions of Contract is void, unlawful or unenforceable to any extent, such term, condition or provision shall be separated from the rest of terms, conditions and provisions which will continue to be valid in the fullest extent permitted by law.

These Terms and Conditions of Contract shall be governed by and interpreted according to the Spanish law. Without prejudice to the rights that may assist you as a consumer, the user and shotindonostia.com agree that the Spanish courts will have non exclusive jurisdiction over any claim or controversy related to the provision of services through this website.