Jonathan Frank B Moriau with address at Calle Santa Cecilia 15, 1D 03007 Alicante, Spain and identification number: Y5493523XC. The portal visitor, from now on USER.
The COMPANY is the licensee of this Internet portal, which aims to provide visitors with the necessary information about its products and services. The purpose of these General Conditions is to regulate the making available of said information, as well as the commercial transactions that arise. Both the navigation through the online store and the acquisition of any product or service offered in it imply the acceptance as a USER, without reservations of any kind, of each and every one of these General Conditions of contracting and use. The COMPANY may, at any time and without prior notice, modify these General Conditions.
• Products and / or services, Content and Specifications: All the features, content, specifications, products, services and prices described are subject to change without notice. The inclusion of any product or service in this portal does not imply or guarantee that they are available at any time.
• Use of this website: All the contents of the website, such as texts, graphics, photographs, logos, icons, images, as well as graphic design, source code and software, are the exclusive property, being therefore protected by national and international legislation. The use of all elements of industrial and intellectual property for commercial purposes, as well as their distribution, modification, alteration or decompilation, is strictly prohibited.
• Inappropriate material: In general, the USER is obliged to comply with these General Conditions, as well as to comply with the special warnings or instructions for use contained therein or on the web and always act in accordance with the Law, good customs and to the requirements of good faith, using due diligence appropriate to the nature of the service you enjoy, refraining from using the portal in any way that may prevent, damage or impair its normal operation.
• Disclaimers: The COMPANY is not responsible for the veracity, accuracy and quality of the website, its services, information and materials. Said services, information and materials are presented “as is” and are accessible without guarantees of any kind. The COMPANY reserves the right to interrupt access to the Web, as well as the provision of any or all of the services provided through it at any time and without prior notice, either for technical, security, or control, maintenance, power failure or any other justified cause. Consequently, the reliability, availability or continuity of the website or the services is not guaranteed, so the use of the same by the USER is carried out at their own risk and expense, without, in any way At the moment, responsibilities may be required in this regard. The COMPANY does not assume any responsibility nor will it be responsible for any damage or any virus that may infect the system, telecommunications equipment and other property of the USER that may be caused or resulting from the access, use or exploration of this Website or for the download of any information or material from it. In no case, no party involved in the creation, production or transmission of this Website will be liable to the USER or any other person, for damages caused, except in cases of serious or malicious negligence caused by the use, inability to use or any result. of the use of this website, any website linked to it, or of the materials, information or services contained in any, one or all of the websites, whether the damages are based on guarantees, contacts, grievances or any other legal theory, both whether the USER is warned or not about the possibility of such damages. The limitations on liability mentioned above are applied in accordance with the law.
• Products or services with zero prices: Due to stock errors or zero costs on the web platform, without economic repercussion for the USER, according to article 1274 of the Civil Code, a purchase and sale with a “zero” cost implies the absence of cause in said contract for one of the parties, and in accordance with article 1275 of the Civil Code, contracts without cause, as in this case, do not produce any legal effect.
• Right of withdrawal: In accordance with the provisions of RDL 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, the USER may exercise the right of withdrawal of the service purchased. For more information, see our return policy.
• Communications: For the purposes of these General Conditions, and for any communication that is precise, the USER must contact the Customer Service by email at info@moriauphoto.com .
• Communications will be made in accordance with the data provided by him when registering on the Web. The USER expressly accepts and for all communications related to the use of the Web, and / or the contracting of the services offered therein, the use of email as a valid procedure for sending said communications.
• Complaints and claims sheet: The USER may request an official complaint and claims sheet.
• Revisions to these General Conditions: It is possible that these General Conditions are modified or include changes. For this reason, the USER is obliged to access these General Conditions each time they access the Web, assuming that the corresponding conditions that are in force at the time of access will apply.
• Jurisdiction and Courts: These General Conditions replace any agreement between the USER and the COMPANY, as long as it is necessary to resolve any contradiction or ambiguity between both. These general conditions will be governed by what is established here and, failing that, by what is established in Spanish Laws. For any controversy that may arise in the interpretation or execution of these General Conditions, the USER and the COMPANY expressly agree to submit to the Courts and Tribunals that may correspond in accordance with the applicable legislation.
• Termination: Both the USER and the COMPANY may suspend or terminate a user account on this Website at any time for any reason. The USER is personally responsible for any order placed or for the charges incurred before terminating their account on this Website. We reserve the right to change, suspend or paralyze any and all aspect of this website, at any time, without prior notice.
• Additional Assistance: If you have not understood any of the above General Conditions or if you have any questions or comments, we invite you to contact us
• Any use of exclusive content may be penalized with compensation from the USER to the COMPANY, the amount of this will be determined by the price of the product / services used without the permission of the COMPANY for profit and the number of people there enjoyed the product / service thanks to its improper use.
• Continuing to browse through the web will be understood as an acceptance of all the points of the terms and conditions.
• For any questions, contact via email to info@moriauphoto.com .
ABOUT THE PHOTO PACKAGE:
Service Description & License Grant
The service provided by Jonathan Moriau (“the Photographer”) is the creation of photographic works and the grant of a limited, non-exclusive, non-transferable, perpetual, and worldwide license to the Client for the personal, non-commercial use of the delivered digital images (“the Images”). The Photographer retains full copyright and all intellectual property rights. Any commercial use, including but not limited to promotion, advertising, resale, or use in products for sale, requires the Photographer’s prior written permission. The Client assumes full legal and financial responsibility for any unauthorized commercial use.
Delivery & Acceptance
The number of Images delivered is at the Photographer’s sole discretion and is influenced by practical factors during the event, including but not limited to: the Client’s stage time, class size, stage lighting, posing, and judge call-outs.
The Photographer will provide a download link to the final high-resolution JPEG Images via a digital transfer service (e.g., WeTransfer, Pixieset). The Client is responsible for providing a valid email address and ensuring they have the necessary hardware, software, and internet connection to download the files. The Client has 14 (fourteen) days from the delivery email to download and securely back up the Images. It is the Client’s responsibility to check their spam/junk folder for the delivery email. After this period, the Photographer may delete the files from the server. A re-upload fee of €20 will apply for subsequent requests for access.
Estimated Delivery Timeline
The Photographer will make every reasonable effort to deliver Images within 1 to 3 weeks of the event date. This is an estimated timeline and not a guaranteed completion date. Delays due to technical issues, volume of work, or force majeure events do not constitute a breach of contract or a grounds for refund.
Loss of Right of Withdrawal & No Refund Policy
The Client expressly agrees that the service, consisting of the creation and delivery of digital content, will begin immediately upon their explicit consent.
By proceeding with the purchase, the Client explicitly acknowledges and agrees that they thereby lose their right of withdrawal under Article 103(m) of the Spanish Consolidated Consumer Protection Act (Real Decreto Legislativo 1/2007), as the service is fully performed upon the delivery of the unique, personalized digital content.
Consequently, all sales are final. No refunds will be issued once the digital Images have been made available for download, as the Client is paying for the Photographer’s time, expertise, and the grant of a license to the intellectual property, not a tangible product. Refunds are not provided for change of mind, dissatisfaction with the Client’s own appearance or performance, or failure to download the Images within the provided timeframe.