Terms and conditions to purchase digital art

Thank you for visiting this space where we want to offer you a shopping experience that guarantees maximum transparency so that you can make your digital art purchases with all the guarantees.

Before purchasing any of the products offered in "ROSES ON THE MOON" it is essential that you carefully read and understand these conditions that define our commercial agreement.

Minor warnings

To purchase our products, you must be at least 18 years old or the legal age of majority in your province, territory or country. Persons under 18 years of age (or under the age of majority applicable in the region) may use the service under the supervision of their parents or legal representatives through the account of such responsible parties and it will be on them that these Terms of Service will fall.

Responsible:

Its corporate name is: JOSE MIGUEL GAGO CABALLER.
CIF/DNI 73396740Z
Address: Cami del Romer, 3 - Tortosa 43500 (Tarragona)
Contact: info@rosesonthemoon.com

Object

These contracting conditions govern the relationship between the RESPONSIBLE PARTIES of this website and the users of the website ".

These terms will be binding from the moment any of the digital art products offered on "ROSES ON THE MOON" are purchased,

Description of the digital art products offered:

The Website provides access to "Web-to-Print" services that include custom downloading of images in various sizes to be printed by the purchaser.

No registration on the Website is required to purchase the images.

This is printable art where customers can purchase the image to be printed at home or at a print shop.

Format: Downloadable images in high resolution JPEG format at 300 dpi compressed in zip files.

Sizes: To ensure maximum customization and flexibility, our prints are available in five different sizes and aspect ratios. Each product listing description contains the JPEG print dimensions available for that specific design. Generally speaking, each design can be printed in sizes ranging from 4x6" to A5 and from A5 to 24x36.

As a customer you will receive five JPEG files in RGB color mode to support the highest quality and color clarity.

For sizes not available on our website, you can contact us directly and our team can create specific sizes.

"Roses on the Moon" grants you a non-exclusive, non-transferable right to use, modify (unless expressly prohibited herein) and reproduce Purchased Digital Content throughout the world, indefinitely, as expressly permitted by the applicable license and in accordance with the limitations on intellectual property rights herein.

How to Purchase Our Digital Art

As a condition to placing any order, you must contact "ROSES ON THE MOON" through its sales page and provide the appropriate information required to place the order.

The purchase information you provide must be accurate, complete and up to date at all times. Failure to do so constitutes a violation of the terms, which may result in the dissolution of the contract with "ROSES ON THE MOON".

Once you have completed the checkout process on our website, you will receive an email with the details of your order. That email will include a direct download link to the image you have purchased.

Once you have downloaded the images, you have three options to get your digital art:

* Print at home: You can choose to use your home printer and print the image on a type of paper that is compatible with your printer. This option works best for those who wish to hang smaller artwork, as home printers typically work with sheets of paper no larger than 8.5 x 11 inches.

* Use a printing service: If you want the purchased image to be a specific size or material for your prints, you can send the image to a printing service at Staples, Costco, Office Max, or Fedex Office.

* Use an online photo service: Online photo services can help you create images similar to photographs of your downloadable artwork and are very easy to work with. Of all the options available for online photography services, we recommend working with Shutterfly.com, Snapfish.com, MPix.com or whcc.com , as they produce the highest quality images at the best price. In case you need help placing an order on one of these websites, Roses On The Moon will send you step-by-step instructions.

The User is solely responsible for checking the contents, and the design of the uploaded files.

At the end of the selection of the desired products, an order submission screen will be displayed indicating the designs chosen and available for download.

Confirmation of purchase

You will know when the registration has been formalized when you have received an email with the confirmation of the purchase or the registration to the web. Once the purchase process has been completed, a confirmation of the purchase will be sent to the e-mail address indicated, which will serve as proof of the transaction (Proof of purchase), along with a copy of these general conditions.

The confirmation of the contract and its receipt will not be valid as an invoice.

Once the contracting process is completed, the link to download the digital art images you have chosen will be sent automatically by e-mail.

As a user, you acknowledge that the images you have downloaded are personal and non-transferable, being solely responsible for the consequences that may arise from the misuse, disclosure or loss of them.

In case of breach of this prohibition, the customer will be solely responsible for the acts carried out by the natural or legal person who uses the digital content purchased in an unauthorized manner.

Express prohibitions

CONJUNCTIVE contracting or PIRATERY

This is an illegal practice carried out by several people who group together to acquire a service or digital product in order to reduce costs in the final price. In this case it would consist in the payment by a single person of one or several digital images for printing, but whose image would be shared with other persons participating in this practice.

It is strictly forbidden to share the license for use with more people, each license is personal and non-transferable reserving us all civil and criminal actions that assist us in order to safeguard our rights, all under penalty of incurring a crime against intellectual property of art. 270 and ss of the Penal Code with prison sentences of up to 4 years.

Languages

The language of the contents offered in the subscription to "ROSES ON THE MOON" is English.

Prices and taxes

The prices of the digital products offered in "ROSES ON THE MOON" are always available through the web, so we recommend that the page is updated before hiring any of them.

The price of the digital images of "ROSES ON THE MOON" include the Spanish VAT. However, the final price of your order may vary depending on the VAT rate applied to the order. For orders destined to other European Union countries, Spanish VAT will be deducted and the VAT rate corresponding to the destination country will be applied. The final price will appear during the confirmation of your order and will reflect the VAT rate corresponding to the country of destination of the products.

Prices for the Services may change at any time at the sole and exclusive discretion of "ROSES ON THE MOON". The Services do not provide price protection or refunds in the event of price reductions or promotional offers.

Accepted forms of payment

For the contracting of the subscription to the website "ROSES ON THE MOON" can only be made through the website and pay through the payment gateway included in the site "ROSES ON THE MOON", only payment will be accepted:

  • Credit Card: MasterCard,no discounts or charges will be applied, where the user must provide the card holder's name, number, expiration date and CVV.
  • PayPal, Google Pay, Apple Pay

By submitting such payment information, you automatically authorize the person in charge of "ROSES ON THE MOON" to collect the training.

Conditions of access and use of the website of "ROSES ON THE MOON".

Once you have made the purchase on "ROSES ON THE MOON", you will have direct access to the digital image you have purchased.

This website reserves the right to deny access to the website to those participants who show a behavior that affects the normal operation of this website or perform activities that violate its code of conduct, such as:

  • The dissemination, without proper authorization, of digital products. The use of the download link and the image obtained is personal and non-transferable by more than one person at the same time, causing a clear fraud to "ROSES ON THE MOON".
  • The realization of activities that violate the intellectual property rights of ROSES ON THE MOON.
  • Lack of respect to the person in charge of "ROSES ON THE MOON" or to other members of the web.
  • Use of the digital contents for a purpose other than the intended one.
  • Violate the privacy rights, publicity rights, copyrights, trademark rights, contractual rights or any other right of any person.

In the event of denial of access to any member for breach of these rules, it will not give rise to any compensation.

Buyer's rights: withdrawal and cancellations

The withdrawal is the power of a consumer of a good to return it within a legal period, without having to claim or give any explanation or suffer a penalty.

The withdrawal is subject to a number of exceptions, provided for in art. 103 of the TRLGDCU, in the case of provision of services such as those offered on this website:

The right of withdrawal does not apply when:

Letter m: "The supply of digital content that is not provided on a material support when the execution has begun with the prior express consent of the consumer and user with the knowledge on his part that he consequently loses his right of withdrawal".

Therefore: You can only exercise it BEFORE you have received the download email of the digital product.

You can exercise the right of withdrawal by sending an email to info@rosesonthemoon.com indicating your name and surname, the digital product purchased or request the withdrawal form.

Warranties and returns

The guarantee of the services offered will respond to the following articles based on the Law 23/2003, of July 10, 2003, of Guarantees of sale of consumer goods:

Conformity of the services with the contract.

Unless there is evidence to the contrary, it shall be understood that the services are in accordance with the contract provided that they comply with all the requirements expressed below, unless, due to the circumstances of the case, any of them are not applicable:

  1. a) They conform to the description made by ROSES ON THE MOON.
  2. b) Are suitable for the uses to which the digital images of the same type are destined.
  3. c) They present the usual quality and characteristics of the images of the same type that the client can expect and, in its case, of the descriptions about the specific characteristics of the images offered by ROSES ON THE MOON.

ROSES ON THE MOON describes the details and characteristics of the images offered.

The lack of conformity resulting from an incorrect provision of the service of sending digital images will be established when the provision is due to an error in the instructions established in the description of the image, its available formats or download instructions.

Liability for non-conformity will not apply in those cases where the description of the image coincides with what was informed to the user at the time of the conclusion of the contract.

Refund Policy

The customer must take into account that due to the nature of our products (digital downloads), we do not offer refunds, since once the purchase is made, we automatically send the download links and the customer already has our digital products in the device in which the download is made. Unless there is a technical problem with the download of a product or the descriptions offered do not match the download obtained, all sales are final and no returns or refunds will be accepted.

Exclusions of Liability

"ROSES ON THE MOON" does not guarantee that the availability of the service covered by this contract is continuous and uninterrupted, nor the loss of data that are hosted on its servers, interruption of business activities or any damage arising from the operation of the services, or the expectations generated to the Client, as a result of:

  1. Causes beyond the control of "ROSES ON THE MOON" and fortuitous causes and / or force majeure.
  2. Failures caused by improper use by the Customer, especially those arising from the hiring of an inappropriate service for the type of activity and use made by the Customer and / or third parties through its website.
  3. Scheduled stops and/or alterations in the content made by mutual agreement between the parties for maintenance or exceptional actions previously agreed upon.
  4. Viruses, computer attacks and/or other actions of third parties that cause the total or partial impossibility of providing the services.
  5. Incorrect or deficient functioning of the Internet.
  6. Other unforeseeable circumstances.

In this way, the Client agrees to bear within reasonable limits these circumstances, so it expressly waives to claim to "ROSES ON THE MOON" any contractual or extra-contractual liability for possible failures, errors and use of the contracted service.

Responsibility of the Users on the uploaded contents

The selection of the contents and the images to be printed are the sole responsibility of the customers, Roses On The Moon will not proceed in any case to the verification of the contents acquired and/or downloaded by the customer, except for the technical characteristics and the graphic compatibility with the required specifications.

Roses on the Moon shall not be responsible in any way for the unauthorized use of images by the Users or for any type of violation of third party rights that may exist in relation to the same.

Therefore, the User shall exempt Roses on the Moon, undertaking to hold it harmless, from any liability to third parties who may report violations of intellectual property rights, damage to image, honor, decorum, moral integrity or for any property or non-property damage caused by the printing of the images and by the contents uploaded by the User himself/herself.

The User declares that he/she is aware of and undertakes to respect the technical specifications present on the Website regarding the composition and permitted use of the materials constituting the digital art products made available on the Website.

The User assumes all responsibility in this regard and therefore exempts Roses on the Moon, undertaking to hold it harmless, from any liability, including for material or moral damages, for improper use of the Digital Art Products or non-compliance with the technical specifications thereof by the User or third parties.

Roses on the Moon reserves the right to block any order that represents a clear violation of the intellectual property rights of third parties.

ROSES ON THE MOON will not be responsible in any case for errors or damages caused by the inefficient and bad faith use of the service by the Customer. Neither will be responsible for the major or minor consequences for the lack of communication between the RESPONSIBLE and the Client when it is attributable to the non-functioning of the email provided or falsity of the data provided by the Client in his user registration of ROSES ON THE MOON.

Data Protection

In accordance with the provisions of EU Regulation 2016/679, of the European Parliament and of the Council of 27 April 2016. (RGPD) and the Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, I inform you that, by accepting these terms of contract and the Privacy Policy, you give your informed, express, free and unequivocal consent for the Data you provide, to be processed by ROSES ON THE MOON as data controller.

You can exercise your rights of access, rectification, cancellation and opposition by contacting: info@rosesonthemoon.com

All information received by the client whether images, emails, texts, access data such as users and passwords, will be treated confidentially, being totally prohibited the transfer to third parties.

Confidential information shall not be understood to be that which is disclosed by agreement between the Parties, that which becomes public for the same reason or that which must be disclosed in accordance with the law or with a judicial decision of a competent authority and that which is obtained by a third party who is not under any obligation of confidentiality. Both parties undertake to comply with the duty of confidentiality indefinitely.

Intellectual property and prohibitions

The contents and digital art products available on the web constitute a work of intellectual property whose rights correspond to the author of the image and assigned to ROSES ON THE MOON for its commercialization, being protected by the laws and international conventions.

It is forbidden any form of reproduction, distribution, public communication, transformation, making available and, in general, any other act of public exploitation referred to both the digital art products and their contents, without the express prior written consent of ROSES ON THE MOON.

The customer may only print his digital artwork for personal use only. All users and customers assume the risk of copyright infringement in case of making different use of our digital products.

Any act by virtue of which Users of the services or content may exploit or make commercial use, directly or indirectly, in whole or in part, of any of the content, images, forms, indexes and other formal expressions that form part of the images without prior written permission from the authors is prohibited.

Specifically, but not exclusively, the acts of reproduction, distribution, exhibition, transmission, retransmission, broadcasting, emission in any form, storage in physical or logical supports, digitalization or making available from databases other than those belonging to those authorized by the authors are prohibited, as well as its translation, adaptation, arrangement or any other transformation of such images, forms, designs and other formal expressions that are made available to the Users through the products or contents, as long as such acts are subject to the applicable legislation on intellectual, industrial or image protection property.

European Consumer Law: online dispute settlement body

The European Commission has created the first European website for the resolution of disputes in online commerce under the latest consumer law. In this sense, as the person in charge of an online sales website, I have the duty to inform all members and users about the existence of an online alternative dispute resolution website.

If you have a complaint, or believe that we have not handled your complaint in a satisfactory manner, please contact us before submitting a complaint through the Online Dispute Resolution platform, ROSES ON THE MOON strives for customer satisfaction and we will always look for ways to respond in the most satisfactory way to the interests of our customers.

Users may file a direct complaint addressed to :

ROSES ON THE MOON
Address: Cami del Romer, 3 - Tortosa 43500 (Tarragona)
Contact: info@rosesonthemoon.com

To resort to the dispute resolution website, the user must use the following link: http://ec.europa.eu/odr

Jurisdiction and applicable laws

These general conditions of use and contracting are governed by Spanish law.

In accordance with Article 29 of Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce, electronic contracts between businessmen or professionals, in the absence of agreement between the parties, shall be presumed to have been entered into in the place where the service provider is established.

In case of dispute arising from these general conditions and for the resolution of conflicts, the parties submit, at their free choice, and waiving any other jurisdiction that may correspond to them, to the courts and tribunals of the domicile of the RESPONSIBILITIES provided in these conditions of contract, in Barcelona.

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