GENERAL TERMS AND CONDITIONS OF SALE

( www.myluxuryphoto.com – My Luxury Photo MLP)

1. General Information

These General Terms and Conditions of Sale (hereinafter referred to as the “GTCS”) are issued by My Luxury Photo Nathalie Louvel, sole trader holding NIE Y6376036J and ROI ESY6376036J, operating under the trade name My Luxury Photo, MLP, or My Luxury Photo MLP, with its registered office at Calle Llop 23, Apartado 49, 17412 Maçanet de la Selva, Girona, Spain.

Hereinafter referred to as:

• “Website”: the website https://www.myluxuryphoto.com and all of its pages.

• “Products” or “Services”: all products (equipment) and services (offerings) available for purchase or subscription on the Website.

• “Seller”: My Luxury Photo / MLP / My Luxury Photo MLP offering its Products or Services on the Website https://www.myluxuryphoto.com

• “Customer”: the user or internet visitor, individual or professional, making a purchase of Product(s) and/or Service(s) on the Website.

This document (together with any other documents referred to herein) sets out the terms governing the use of this Website (www.myluxuryphoto.com) and the purchase or acquisition of products/services through it (hereinafter, the “Conditions”).

In addition to reading these Conditions, before accessing, browsing, and/or using this Website, the Customer must have read the Legal Notice, the Cookie Policy, and the Privacy and Data Protection Policy of the My Luxury Photo Website. By using this Website or by making and/or requesting the acquisition of a product/service through it, the Customer agrees to be bound by these Conditions and all of the aforementioned policies. If the Customer does not agree with any of them, they must not use this Website.

These Terms of Sale may be translated using automated translation tools such as Google Translate, other browsers or artificial intelligence applications (e.g., ChatGPT). In case of discrepancy between the translated version and the original Spanish version, the latter shall prevail.

The Website is freely accessible to all Customers, both private individuals and professionals. The purchase of a Product or Service implies full acceptance of these GTCS by the Customer, who hereby acknowledges having full knowledge of them. Acceptance is confirmed when the Customer checks the box corresponding to the acceptance statement prior to payment of the order:

“I agree with the Terms and Conditions and the Privacy Policy.”

By accepting the General Terms and Conditions of Sale (GTCS), the Customer legally acknowledges that placing an order entails an immediate and binding obligation to pay. By this act of acceptance, the Customer confirms their agreement with the terms and conditions contained in these GTCS, including the requirement to pay the full amount of the order for the transaction to be valid.

These Conditions govern the sale of customized products. By placing an order, the Customer fully accepts these Conditions of Sale.

The Seller reserves the right to modify the GTCS at any time by publishing a new version on the Website. The applicable GTCS are those in force on the date of the Customer’s order.

The legal information concerning the Website’s host and publisher, the collection and processing of personal data, and the terms of use of the Website are set out in the Legal Notice of this Website. The User is responsible for reviewing them each time they access, browse, and/or use the Website, as the applicable version will be the one in effect at the time the acquisition of products/services is requested.

For any questions relating to these Conditions, the User may contact the Seller using the contact details provided above or, where applicable, through the contact form available on the Website.

The Customer acknowledges having read and unreservedly accepted the GTCS of our Website www.myluxuryphoto.com.

The Seller offers a custom photographic printing service, also known as a print or photograph made using precious metals — Platinum combined with 24K Gold leaf or Silver, as chosen by the Customer at the time of purchase — based on a photograph/digital file provided by the Customer by any possible means. This process is derived from an ancient photographic technique known as Platinotype combined with gilding techniques.

Through this creation/production, the Seller offers associated services and products. The Seller may thus offer the purchase of mat boards or other related services, but the purchase of such associated products or services cannot be made without purchasing the main service of creating a platinum print with gold or silver.

Specific details of the Services, including prices, delivery times, and other relevant information, will be provided during the ordering process.

The Seller reserves the right to refuse orders from any Customer with whom there is or has been a dispute concerning a previous order. This also applies to cases where the Seller considers that the Customer is unsuitable for the purchase process — for example, in the event of a previous breach of the GTCS or for any other legitimate reason.

The Seller provides on its Website a Privacy Policy specifying all information relating to the use of the Customer’s personal data collected by the Seller and the rights the Customer has regarding such data. The Privacy Policy forms part of the GTCS. Acceptance of these GTCS therefore implies acceptance of the Privacy Policy.

As users may access this Website from different jurisdictions, they should note that some terms of use may not apply to them depending on the applicable legislation. Users are requested to take this into account.

2. User Content and Intellectual Property

After the order has been confirmed, the Customer shall send us content — that is, photographs or other elements such as logos, designs, etc. (hereinafter “User Content”) — from which My Luxury Photo will create the purchased print using precious metals.

By submitting User Content, the Customer declares and warrants that they hold all necessary rights and permissions, all required intellectual property rights, or have obtained the relevant licenses or authorizations to use any material or content (including, without limitation, images, texts, designs, and any identifiable persons).

This means that the Customer has obtained the consent of all persons appearing in the photo and guarantees that no copyrights, design rights, or image rights are infringed.

The Customer grants the Seller, My Luxury Photo MLP, a non-exclusive, worldwide, transferable, royalty-free license to use, modify (where necessary to create the print subsequently delivered to the Customer), reproduce, and display the User Content, as well as the photographs created from such User Content, including on this Website and on social media platforms linked to the Website and the Seller’s services.

The Customer may contact the Seller at myluxuryphotomlp@gmail.com to request that images related to their order not be published or that any previously published images be removed.

Similarly, the print created by the Seller from the User Content constitutes an original work, the authorship of which belongs to My Luxury Photo MLP. Consequently, this creation is protected by current intellectual property and copyright laws, and MLP retains the ownership of all economic rights to it. The purchase of such a creation does not grant the Customer the right to reproduce the photograph, particularly for commercial purposes, without the Seller’s prior authorization.

The Customer assumes full responsibility for any claim, demand, or legal action that may arise as a result of infringement of intellectual property, industrial property, or image rights related to such material, content, information, or data.

The Seller shall in no event be held liable for any intellectual property infringements that may be committed by the Customer through the use of materials or content supplied by the latter.

The use of the original work resulting from the commission is strictly limited to personal use; therefore, sharing on the Customer’s personal social networks is authorized. Any reproduction and/or representation outside this strictly personal scope is prohibited unless expressly and previously authorized in writing by the Seller. Any person violating this prohibition may incur civil and criminal liability and may be prosecuted, particularly for copyright infringement.

The Seller reserves the right to modify, crop, or make any other alteration to the User Content or the original image during the creative process.

The Seller may contact the Customer by email, if deemed necessary, to validate or confirm any creative choices relating to the image from which the final print will be produced. The Customer will then have 24 hours to provide feedback by replying to the email. After this period, and if no response is received, the Seller shall be free to continue creating the print as they see fit.

In any case, by accepting these General Terms and Conditions of Sale, the Customer acknowledges and agrees that the Seller may modify, work on, and/or crop the provided content as necessary to ensure the creation and optimal quality of the final print — such actions are always undertaken with the positive intention of improving the original image.

If the image quality is too poor, the Seller will contact the Customer by email to obtain consent to produce only the smallest available print size or to request an alternative image.

Each print creation process is unique, carried out by the Seller, who is the artist and therefore determines the contrast, framing, and final result, which will differ both from the original photograph (the User Content provided) and from the example images shown for each product. The latter are illustrative only and do not constitute contractual photographs; they serve merely as representative samples consistent with the general characteristics of the product.

Any order for a personalized product is considered final and binding once validated by the Customer.

The Customer is responsible for the accuracy of all information provided (text, images, colours, measurements, etc.). The Seller cannot be held liable for any errors or omissions resulting from inaccurate or incomplete data supplied by the Customer.

All elements of the My Luxury Photo website — whether visual or textual, including but not limited to layout, graphics, text, images, and logos — are the property of the Seller, My Luxury Photo MLP, or have been licensed to it, and are protected by intellectual property laws. It is strictly forbidden to use, copy, modify, or distribute any content from the website or services without the prior written consent of My Luxury Photo MLP.

3. Purchase Process

Orders (hereinafter referred to as “Orders”) for Products or Creative Services are placed directly on the Website through the “Store” page.

The Seller does not provide any product samples.

The Products and Services offered are those listed in the catalogue published on the Website under the “Store” section. These Products and Services are available while stocks last.

Each Product is accompanied by a description prepared by the Seller , some of them based on information provided by suppliers.

The Products and Services displayed on the Website are offered for sale exclusively to adults.

The “Shopping Cart” is defined as the virtual object grouping all the selected Products and Services, the content of which can be modified at any time until payment is made.

The Customer must select one of the Products/Services entitled “Your Print in Platinum and ...” or “Special Order: Creation of an XXL Format Photograph” by clicking the “Add to Cart” button, or by contacting us via email at myluxuryphotomlp@gmail.com in the case of a special order.

The Customer must also select the color of the mat board (passepartout) that will accompany their print from among three color tones: warm white, black, or cool white, which will be delivered with the photograph.

The Customer may then select the desired quantity and click “Add to Cart,” or make an express payment via Klarna or Link. A link to a detailed product/service description is also available, along with related product suggestions.

Once the Customer believes they have selected and added all the desired Products/Services to their cart, they can confirm their order by accessing their cart and clicking on “Buy”, “Pay with Link”, or “Pay with Klarna”. Each button redirects to its own payment page.

By clicking the “Buy” button, the Customer is redirected to a summary page displaying the number and characteristics of the ordered Products, as well as their unit prices.

The Customer must indicate the destination country for shipping and then choose between “Regular Shipping” (included in the product price) or “Express Shipping” (whose cost will be added to the cart).

A discount code may be entered at this stage if available, after which the Customer clicks “Continue.”

Next, the Customer must complete the order form fields. The Customer will be asked to provide personal information necessary for proper order processing: email address, full name, country, address, city, postal code, and phone number. The Customer may also include any additional information they wish to provide.

The Customer undertakes to provide accurate information and is responsible for keeping it up to date. The Customer must promptly inform the Seller of any changes. The Customer is solely responsible for the accuracy, validity, and relevance of the data provided.

To validate the order, the Customer must check the box confirming that they have read and accepted the present GTCS and the Privacy Policy, then click on the validation button to open the secure payment window provided by Stripe. This page summarizes the purchased Products/Services, including the selected mat board, the detailed and total amount including VAT (if applicable), and the chosen shipping method.

On the right-hand side of this page, the Customer’s email address appears. If it is incorrect, it must be modified before proceeding. The Customer is invited to choose a payment method as described in the payment section of these GTCS.

After a few moments, the Customer will receive a confirmation email for their order and payment validation, summarizing the order details and total price.

The Customer may also choose to check the box to save their information for a future purchase by providing their phone number. Otherwise, the Seller shall not be liable for any unauthorized access to the Customer’s account or for identity theft. If this data is lost due to technical failure or force majeure, the Seller cannot be held liable, as the information has no probative value and is provided for informational purposes only.

In case of loss, misuse, or unauthorized use of the Customer’s credentials, the Customer agrees to promptly notify the Seller at myluxuryphotomlp@gmail.com.

All orders placed on the Website must be properly completed and include the required information. The Customer may modify, correct, add to, or cancel the order until it has been validated.

After validation, the Customer will receive an order confirmation email along with payment validation, summarizing the order content and total amount.

In the same email, the Customer will be invited to send the Seller one or more photographs/digital files by replying to the email or by using the “Send Your Photo” button located at the top right of the Website, in order to execute the order, which necessarily includes the creation of a print in precious metals based on the User Content.

The Customer may send several photos so that the Seller and Customer can choose the most suitable one together. If the Customer cannot decide, the Seller reserves the right to select the photograph from which the final print will be made in order to advise the client on their choice but under no circumstances will the client be obliged to follow this advice.

Any digital files sent by the Customer and not used for the final print will be deleted from our servers within 72 hours after the order is placed.

The Seller asks the Customer to provide the necessary Content for the service within a maximum of twelve (12) business days from the order validation, in order to meet the overall delivery period of thirty (30) days.

4. Information About Products and Services

4. Information About Products and Services

On our website, we offer you the possibility to acquire a personalized photographic creation (referred to as a “print”) made by the Seller using precious metals: platinum combined with gold or silver leaf, based on a personal photograph provided by the Client (“User Content”), which the Client must send to the Seller via our website, email, or another online platform.

The Seller does not accept to receive physical photographs, only digital files.

User Content can be of any type: color or black and white; pets, portraits, family, landscapes, objects, etc. The Client must make sure that any content they provide respects other people’s rights and human dignity. The content must not: include people without their consent, show violence, abuse, or humiliation, involve or promote child exploitation, pedophilia, or any sexual content with minors or contain hate speech, discrimination, or anything illegal or offensive. The Seller reserves the right to reject any content that violates these requirements, without prior notice or compensation.

This creation is handcrafted manually using the principles of an ancient photographic technique (Platinotype or Platinum-Palladium printing) combined with gilding techniques.

Disclaimer: Presentation photographs are not contractual. They illustrate the product with the same technical characteristics, but each product is created from a photo provided by our clients and may show slight differences in representation depending on the original image, framing, or colours.

The created print will be a black-and-white photograph on a fine, transparent special paper (vellum) with gold or silver leaf applied to the reverse side. The final result is a photo in Gold or Silver and Platinum — only precious metals — giving your photograph a unique and valuable character.

The photograph is delivered unframed, mounted on a beautiful mat board. We recommend choosing an off-white color that complements the edges of the print for the best final result.

During the creation process, brush marks, various spots, bubbles, slight deformations, etc., may appear. These are part of the process and the final product. The Client must accept them.

There are 7 products available for creating a print: 3 products in platinum and gold in 3 sizes, 3 products in platinum and silver in 3 sizes, and 1 product for creating a larger size called XXL, for which the Client must contact the Seller by email to define the details of this order together.

It is necessary to purchase at least one of these 7 products, which we will refer to as “Custom-Created Products” or the Gift Card for the Seller to validate the order after payment.

These 7 products are named as follows:

• “Your Platinum & Silver Print – Size 1 / Small”

• “Your Platinum & Gold 24K Print – Size 1 / Small”

• “Your Platinum & Silver Print – Size 2 / Medium”

• “Your Platinum & Gold 24K Print – Size 2 / Medium”

• “Your Platinum & Silver Print – Size 3 / Large”

• “Your Platinum & Gold 24K Print – Size 3 / Large”

• “Your Platinum & Gold or Silver Print in XXL size”

Each of the 7 products referred to as “Custom-Created Products” has a standard price indicated in euros (€), depending on the print size and the metal combined with the platinum.

Each standard price includes the creation of a print, delivered mounted in a standard-size mat board specific to each print size or in the larger-size mat purchased by the Customer; this photograph/print will be numbered in a maximum edition of 5, 8, or 10 copies per size and metal combination. The edition size will be determined by the Seller, who is its creator.

The photograph will be accompanied by a certificate of authenticity issued by the Seller, making it a highly special work. This original creation will be packaged in suitable materials to ensure safe delivery; standard worldwide shipping (economy/standard) is included in the listed price.

The standard price also includes minor editing of the original image according to our conditions (for improved framing, more accurate perspectives, level adjustments, etc.). Any additional image editing requested by the Client may incur an extra charge if it is deemed outside the scope of the included work.

A Size 1 photograph corresponds to an image of approximately 12 x 17 cm, or 15 x 15 cm for a square format, and is delivered with a mat board measuring 21 x 30 cm, or 25 x 25 cm for a square image format.

A Size 2 photograph corresponds to an image of approximately 16 x 23 cm, or 19 x 19 cm for a square format, and is delivered with a mat board measuring 30 x 40 cm, or 30 x 30 cm for a square image format.

A Size 3 photograph corresponds to an image of approximately 19 x 27 cm, or 23 x 23 cm for a square format, and is delivered with a mat board measuring 40 x 50 cm, or 35 x 35 cm for a square image format.

Each mat board is custom-made for each print by a supplier. The Client acknowledges in these General Terms of Sale that the Seller will determine, under any circumstances, the size of the central window opening of the mat board where the created photograph will be placed.

The print is delivered mounted on a standard-sized mat board to facilitate framing. It is highly recommended to keep the print in its mat board within a frame to preserve it in optimal condition, as received by the Client.

This product is designed for indoor use only. It should be stored in a room and location without significant temperature or humidity fluctuations.

Prolonged exposure to sunlight, heat sources, or humid environments may alter the quality of the product and void the warranty.

In combination with at least one of these 7 products, the Seller may offer the Client the option to buy a larger mat board than the one included in the print purchase (choosing this larger-format mat replaces the original which will not be shipped. The print will be elegantly presented and expertly mounted within the new mat, offering a refined and enhanced display of the artwork); as well as the possibility to purchase the urgent production service for the purchased creation, “Express Production,” and finally, if proposed on the website, the option to buy a gift card.

Photographs of the products in our store catalog do not faithfully reflect the products and services offered, as they were made from prints created for other clients or examples. However, these photos provide an idea of the final result that can be achieved.

We remind you that, due to the nature of the product and the artisanal process of each work, samples cannot be sent under any circumstances.

Standard production time: on average ten business days.

An additional charge applies if express production is requested (if available). If it is not possible to fulfill at the time of order, the Seller will notify the Client by email within 24 hours of unavailability, and the purchase of the “Express Production” product will be fully refunded.

If the image quality is insufficient, the Seller will inform the Client and propose to create the work in the smallest possible size or to replace the original photograph.

The Client acknowledges and accepts that the product is an artistic interpretation of their photograph, and that, due to the nature of the creative process, the result may differ from the original image, while always maintaining an aesthetic intent and a high-quality outcome.

What is not included in the standard price of each product or in the payment of the purchase: any retouching or modification of the original file at the Client’s request; import clearance, taxes, or duties; matboard resizing; express production; or express shipping.

The Client agrees to respond to any request for additional information from authorities, such as customs offices, regarding the shipment of their order within 48 hours. The Seller will not be responsible for any delay caused by such requests for information or payment of taxes by the Client.

As the buyer, the Client is responsible for paying customs duties in a timely manner. Additionally, if customs duties are not paid on time, the Client will be liable for any actions or charges that may arise. Failure to respond may result in the carrier returning the item to the sender, additional shipping costs, storage fees, or even a declaration of abandonment.

If an item is returned to the Seller, the cost of reshipping will be borne by the Client. If the Client does not pay the additional costs within 48 hours, the item will be discarded by the party in possession. Once discarded, no refund will be issued.

Gift card :

Gift cards may be purchased in fixed amounts of fifty euros (€50), eighty euros (€80), hundred euros (€100), hundred and fifty euros (€150), two hundreds euros (€200) and two hundreds and fifty euros (€250). Gift cards are non-refundable, non-exchangeable and cannot be redeemed for cash, either in whole or in part.

Gift cards may be used exclusively for purchases made on our website.They cannot be used for purchases made through third-party retailers or partners.

Gift cards allow customers to benefit from a discount equivalent to the value of the gift card purchased on the total amount of a future purchase containing at least one of the seven products mentioned above as ‘“Custom-Created Products.”

Transferability : Gift cards may be freely transferred to another person and used by any holder, provided the unique gift card code is valid and active.

Lost or Stolen Gift Cards : The customer is responsible for keeping the gift card code safe.

Lost, stolen, or damaged gift cards will not be replaced or reimbursed.
We cannot be held responsible for unauthorized use of a gift card.

Use of a Gift Card: Once the gift card is purchased, the buyer receives an email with the card code and expiration information. If a physical copy is needed, the digital gift card can also be downloaded and printed.

Gift card codes must be entered in the discount field on the checkout page.

A gift card can only be used once. If the total cart amount is less than the gift card value, the remaining balance cannot be used for another purchase. In other words, the user must use the full amount of the gift card in a single transaction. If the total purchase amount exceeds the gift card balance, the difference must be paid using another accepted payment method.

It is possible to apply more than one gift card to the same order. Gift cards has no expiry date.

Fraud & Misuse : We reserve the right to refuse, cancel, or deactivate a gift card if fraud, misuse, or unlawful activity is suspected.

Technical Issues: In case of technical issues preventing the use of a gift card, customers are invited to contact our customer service for assistance.

Natural characteristics and alterations of the works :

The photographic prints offered for sale are handmade using an artisanal Platinum-Palladium process enhanced with gold or silver leaf.

Due to the nature of the materials used and the handmade production, each work presents unique characteristics (tone nuances, texture, relief, reflections, etc.) that are an integral part of its authenticity.

Over time, or depending on storage conditions, the product may undergo natural changes, such as:

• small traces or spots of oxidation,

• small bubbles or surface irregularities,

• partial lifting or alteration of the metal leaf or paper.

These phenomena result from the artisanal process and the inherent nature of the materials used. They do not constitute a manufacturing defect or nonconformity, and therefore cannot give rise to replacement, refund, or claims.

Please note that the photographs, descriptions, and visuals on the Seller’s website or communication materials are strictly indicative and cannot guarantee a perfectly identical reproduction of the delivered work.

5. Availability

The Customer acknowledges that the Products and Services offered by the Seller are subject to limitations of stock, restocking times, and availability for production and creation. This means that the processing of the order is dependent on the Seller’s availability to create the print within a time frame accepted by the Customer.

The unavailability of a Product will be indicated on the corresponding product page as soon as the Seller becomes aware of it. If such information is not displayed, or if, despite the Seller’s best efforts, a Product or Service becomes unavailable after the Customer has placed an Order, the Seller will inform the Customer by email as soon as possible. The Customer will then automatically receive a credit note for an amount equivalent to that of the initially ordered Product or Service that has become unavailable.

The Seller shall not be held liable in the event of the material, temporary, or permanent unavailability of Products ordered by the Customer. The Seller reserves the right to cancel or refuse any order. The Customer shall not be entitled to request forced delivery or to claim damages or compensation.

The Seller reserves the right to modify, suspend, or discontinue the Products and Services offered on the Website at any time and without prior notice.

Occasionally, unforeseen circumstances may arise concerning the availability of certain Products. In such cases, the Seller may offer the Customer the possibility to order a different item of the same type or an alternative product. The Customer may also choose to cancel the order and obtain a refund for any payment made, as promptly as possible.

In the event of force majeure affecting the Seller — such as illness, family bereavement, accident, fire, or similar circumstances — production times may be extended by several weeks or become impossible. In such cases, the Seller will inform Customers via the Website as soon as possible. Any orders placed for which production and shipment of the purchased Product(s) cannot be guaranteed will be fully refunded, without any further compensation (except for orders that have already been shipped and are in transit).

In such cases, the refund may take up to fourteen (14) days to process.

6. Prices and Payment Method

Currency Converter

The Website may provide the Customer with a currency converter, for information purposes only, allowing an estimate of the price of a product or service in a currency other than the one used for billing.
The exchange rates applied by this converter are not contractual and may differ from the rates in effect at the time of the transaction.

The Seller reminds the Customer that product and service prices are set and invoiced solely in the currency indicated on the Website at the time of payment. The amount actually charged to the Customer will depend on the exchange rate applied by the Customer’s bank or payment service provider at the time of the transaction.

Accordingly, the Customer acknowledges and agrees that:

• the currency converter is a non-contractual estimation tool only;

• the amounts displayed by this converter are provided for informational purposes only;

• only the currency and final price indicated at the time of payment shall be binding between the parties.

The Seller shall not, under any circumstances, be held liable for any difference between the estimated amount displayed by the currency converter and the amount actually charged to the Customer at the time of payment. No refund, claim, or compensation may be requested on this basis.

For customers established in the European Union, Spanish Value Added Tax (VAT) applies at the rate currently in force in Spain, which is 21%.

Professional customers established in another EU Member State who have a valid intra-Community VAT number may benefit from VAT-free invoicing in accordance with the intra-Community supply regime. In this case, it is the customer's responsibility to provide a valid and verifiable VAT number.

For customers in the United Kingdom, online purchases are invoiced without VAT and the customer must pay the import duties, customs and/or VAT applicable in the United Kingdom at the time of delivery.

For customers residing outside the European Union and French Overseas Territories, sales will be invoiced without Spanish VAT. However, customs duties, taxes or local fees may apply in the destination country, which will be the sole responsibility of the customer.

All shipments to the United States include a declaration to support duty-free entry. If this declaration is not accepted by U.S. Customs and import taxes are applied, the seller shall not be held liable and no compensation will be granted to the customer.

The Seller reserves the right to modify the prices of the Products or Services offered on the Website at any time and without prior notice, as well as to pass on, where applicable, any change in the VAT rate in effect to the price of the Products or Services offered on the Website. Accordingly, the seller shall not be obliged to indemnify the customer if the price of the products decreases after purchase.

The Seller reserves the right to cancel any order at any time if one or more products have been added to the cart and then paid for by the Customer without being associated with a product/Service creating a Platinum and Gold or Silver drawing as indicated in the product sheets; this concerns the products named 'Option: change for a 30 x 40 cm or 30 x 30 cm passepartout ( for size 1 only )' and ‘Option: change for a 40 × 50 cm or 35 × 35 cm passepartout ( for Sizes 1&2 )’. The client will be promptly refunded using the same method of payment.

The prices charged shall be those displayed on the Website at the time of order confirmation, provided that the ordered Products are available at that time.

The Customer may pay by credit or debit card (Visa, Mastercard, or American Express), Google Pay, or Klarna.

Payments are made through secure transactions provided by Stripe, an online payment platform provider.

Order preparation — which first consists of creating the customized print — will not begin until payment has been received and verified.

For card payments, the charge will be made once the order has been accepted. At that time, the Customer will receive an email confirming that their order and payment method have been accepted, and the order will be shipped as soon as possible. Once the order has been paid in full and validated by the Seller, an invoice will be issued and sent to the Customer as soon as possible.

The Seller reserves the right to cancel any order or delivery in the event of a payment issue (non-payment or payment delay).

The Seller does not have access to any data relating to the Customer’s payment methods. Payment is made directly to the payment service provider, who alone receives the Customer’s payment details.

7. Order Completion

The order process is completed once payment has been confirmed. Once confirmed, the order cannot be modified or cancelled, except in the cases expressly provided for in these Terms and Conditions.

Order confirmation shall be deemed as proof of the Customer’s acceptance of all provisions contained in these Terms and Conditions. The order will begin to be processed once the Seller has verified that payment has been successfully completed.

When the Customer receives the order acceptance notice, it means that the verification has been positive, payment has been properly made according to the method chosen by the Customer, and the Seller has begun processing the order.

The data recorded on the Website shall constitute conclusive evidence of the details of the transactions between the Seller and the Customer. In the event of a dispute between the Seller and the Customer regarding a transaction carried out on the Website, the data recorded by the Seller shall be treated as legal proof of the transaction.

8. Delivery

All items ordered by the Customer will be shipped together in a single package.

The Seller will not ship to a post office box, nor will it accept any order where the recipient or delivery address cannot be clearly identified.

Each print is a unique creation made to order based on the content provided by the Customer; therefore, it constitutes a customized product.

Delivery times consist of three stages:

The time taken by the Customer to select and send the content to be used for the creation of the product; the production time and the shipping time handled by the courier service ( Production time varies depending on the product selected)

The standard production time for a Platinum print with Gold or Silver is 10 business days, although this period may be shorter or longer depending on the Seller’s availability or any other circumstances.

Once the creation process begins, the Customer will receive an email notification indicating that the order status has changed. However, the Seller is not obliged to provide updates during the creation process, as long as the production period does not exceed ten (10) business days from the first day of creation.

At the end of the creation process, the Seller will notify the Customer by email of the shipping and delivery timeframe, according to the Customer’s destination.

The Seller offers a faster creation service upon request and for an additional fee, subject at all times to the Seller’s availability, which may change at any time without prior notice.

If the Seller is unable to provide an expedited creation service, the Customer shall be bound by the standard delivery times announced by the Seller, which the Seller will endeavour to meet within the days following the purchase. Should the Customer not accept the proposed timeframe, they will be entitled to a refund of either the full purchase amount or only the amount corresponding to the “Express Production” product, as agreed between the Seller and the Customer.

Since the Seller is in no way responsible for the time the Customer takes to select and send the content required for the creation of the product, the Seller cannot be held liable for any delay caused by such circumstances beyond its control.

For deliveries of Products outside the European Union and in the French Overseas Departments and Territories, the Customer declares themselves as the importer of the Product and acknowledges that, in such cases, it may be materially impossible for the Seller to provide precise information about the total amount of costs related to customs duties, clearance fees, or import taxes applicable in the country of delivery.

At the time of purchase, the Customer is required to provide their email address and telephone number, which the Seller will transmit to the shipping company. The shipping company may, in turn, transmit this information to customs authorities if necessary, so that they can contact the Customer in case additional information, documents, or payment of import duties are required.

If the Customer has any questions regarding delivery, they may contact the Seller by email.

The usual standard delivery times (once the package is in the hands of the carrier and excluding any time spent in customs, if applicable) are detailed below:

STANDARD Shipping (ground or combined transport):

• Spain (Mainland): 1–2 business days

• Spain (Balearic Islands): 2–3 business days

• Spain (Canary Islands, Ceuta, and Melilla): 4–6 business days

• Portugal (Mainland): 1–2 business days

• Portugal (Islands): 4–5 business days

• Europe: 3–6 business days

• Rest of the World: 6–12 business days (depending on the country and customs processing)

Customers who wish to do so may subscribe to the Express Delivery option, at the rate indicated on the Website, with the following average delivery times:

EXPRESS Shipping (air express):

• Spain (Mainland): 24 hours

• Spain (Balearic Islands): 24–48 hours

• Spain (Canary Islands, Ceuta, and Melilla): 48–72 hours

• Portugal (Mainland): 24 hours

• Portugal (Islands): 48–72 hours

• Europe: 24–72 hours

• Rest of the World: 2–5 business days

Each shipment is carefully packaged to ensure it arrives in perfect condition and is insured by the transport company.

In the event of a delivery delay exceeding thirty (30) calendar days from the order date, or beyond the date or period indicated to the Customer at the time of ordering, the Customer may terminate the sale on their own initiative by submitting a written request to the Seller by registered letter with acknowledgment of receipt. This termination may only take place if, after having requested the Seller to proceed with delivery, the Seller has failed to fulfil its obligation within a reasonable period.

The Seller requests that the Customer provide the necessary content for the service within a maximum of twelve (12) business days from order validation, in order to comply with the overall delivery period of thirty (30) days.

In the event of termination of the contract, the Customer will be refunded in full for all amounts paid, within a maximum of fourteen (14) calendar days from the date of termination.

This clause shall not apply when the delivery delay results from a force majeure event, in accordance with applicable law.

Please note that shipping delays due to customs processing are common. Customs delays are beyond the Seller’s control and may extend the delivery date beyond the initially estimated timeframe. Unfortunately, customs-related delays do not entitle the Customer to a refund of shipping costs, as they are outside the Seller’s control.

In the event of loss of the package, the Seller will offer the Customer either a replacement product or a full refund.

9. Order Conformity

The Customer must inspect the order upon receipt of the package to ensure that it is in good condition and corresponds to the items and services invoiced.

To exercise the right of refusal, the Customer must open the damaged or defective package(s) in the presence of the carrier and request that the carrier take back the damaged goods. Any irregularities must be noted by the Customer on the delivery slip in the form of handwritten reservations, accompanied by the Customer’s signature. If the Customer fails to follow these instructions, they will lose the right to refuse the goods, and the Seller will not be obligated to honour any request to exercise this right.

If the Customer’s package is returned to the Seller, the Seller will contact the Customer upon receipt of the returned parcel to determine how to proceed with the order. If the Customer mistakenly refused the package, they may request reshipment, provided they prepay the postage costs for the new shipment. Postage costs will apply even to orders that originally qualified for free shipping at the time of purchase.

In the event of a delivery error, any product to be exchanged or refunded must be returned to the Seller in full and in perfect condition within seven (7) days, with return shipping costs borne by the Customer. The Seller cannot be held liable for any defects resulting from the Customer’s negligence or improper handling.

The Seller shall not be held responsible for the loss or damage of any returned item due to poor packaging, shipment to the wrong address, or failure to comply with return deadlines or procedures. In such cases, the Customer shall bear all costs and risks associated with the return shipment.

Under no circumstances will the Seller accept returns due to delays or inconveniences in the delivery of the goods.

⚠️ Recommended Care for Prints:

To ensure the durability and quality of the product, the print and its mount should be placed in a well-sealed frame, to be kept on a wall, shelf, or furniture in a stable indoor environment, protected from significant fluctuations in temperature and humidity.

Avoid exposure to direct sunlight, heat sources (such as radiators, stoves, or fireplaces), or humid areas.

10. Modification – Cancellation – Returns

1/ Right of Withdrawal (applicable only to the purchase of the gift card)

In accordance with current legal provisions, the buyer has a period of fourteen (14) days from the date of receipt of the gift card to exercise their right of withdrawal, without the need to justify their decision or incur any penalties.

Before the expiry of this period, the buyer must notify the seller in writing of their intention to exercise the right of withdrawal. This notification may be sent by post or by e-mail.

In the event that the right of withdrawal is exercised, the gift card will be cancelled and must not have been used, either in full or in part, to make a purchase.
Any use, even partial, of the gift card will result in the permanent loss of the right of withdrawal.

The balance of the card is non-refundable and cannot be exchanged for cash.

The refund is subject to the following conditions:

• the buyer has not sent any photo or element (“User Content”) required to begin the creation process;

• the gift card has not been used, either in full or in part;

• the withdrawal request has been submitted within the legal 14-day period.

The refund will be made using the same payment method as that used for the purchase and within a maximum of fourteen (14) days from receipt of the valid withdrawal request.

2/ For all other products or services

Each other product offered by the Seller is personal in nature.

The Customer acknowledges that there are exceptions to the right of withdrawal, as provided under Article 103 of Spanish Royal Legislative Decree 1/2007 of 16 November, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws. By way of example, though not exhaustively, this applies to customized or personalized products.

Customized products are made to order. Therefore, product exchanges, returns based on withdrawal, or cancellations will not be accepted once production has begun.

Production begins as soon as the Customer receives an email from the Seller informing them of the change in the order status indicating that creation has started.

The same rule applies to product returns: returns are not accepted, except in cases where the product is damaged upon delivery (hereinafter referred to as an “Incident”), and under the conditions set out in Section 9 and below:

The Customer may refuse a package at the time of delivery if any irregularity is observed (damage, missing Product compared to the delivery slip, damaged package, broken items, etc.).

Any anomaly or damage, however minor, observed upon delivery must be noted on the carrier’s delivery slip, with as much detail as possible, and signed by the Customer.

The Customer must take photographs of the damaged packaging and item so that the Seller can file a claim with the carrier. These should include close-up images of the affected areas as well as photos of the entire item, and the Customer must retain the packaging for a period of two (2) weeks in order to preserve their right to claim.

Claims regarding the possible return of damaged items must be submitted within four (4) days from the delivery date, by sending an email to the following address: myluxuryphotomlp@gmail.com.

In this email, the Customer must provide the Seller with all relevant images and documentation necessary to file a proper claim with the carrier. To ensure a prompt resolution, please note that if damages are not reported within the initial four-day period or if sufficient evidence is not provided within the same timeframe, the claim will be considered invalid.

After verification and depending on the Customer’s preference, the Seller will either replace the order or issue a refund within fourteen (14) days following the Seller’s email response confirming acceptance of the claim related to the Incident.

Since these are custom composite products — such as a print with a custom-made mount (passe-partout) — the components will be assessed separately. The print is considered one product, and the mount is considered another. Under no circumstances will a return of the entire set be accepted due to a defect in only one of the components. The Seller will review the case and may replace or refund the defective item.

Once the facts have been verified and the Customer’s claim is deemed valid, the Seller will make every effort to compensate and satisfy the Customer by refunding or replacing the defective product as quickly as possible.

Under no circumstances will the Seller accept returns for issues related to delays or inconveniences in the delivery of goods.

Guarantees

The User, as a customer and consumer, is entitled to warranties on the products that may be purchased through this Website, in accordance with the legally established terms applicable to each type of product. The Seller is therefore liable for any lack of conformity that becomes apparent within three (3) years from the date of delivery of the product.

In this regard, products shall be considered to conform to the contract provided that: they correspond to the description given by the Seller and possess the qualities presented therein; they are suitable for the normal use of goods of the same type and they exhibit the quality and performance customary in goods of the same type and which the consumer can reasonably expect.

If the products delivered to the Customer do not meet these requirements, the Customer must proceed as follows:

The Customer must contact the Seller by email and notify them of the existing non-conformity (defect or error) by sending an email to myluxuryphotomlp@gmail.com, including all details of the defect and supporting photographic evidence. The Customer must also include in this email a description of how the product has been used and the location(s) where it has been displayed or placed since delivery, so that the Seller can properly assess the claim.

The Customer will then be informed of the procedure to return the product(s). Once returned, the items will be examined, and the Customer will be informed, within a reasonable period, whether a refund or replacement is appropriate.

A refund or replacement will be made as soon as possible and, in any case, within fourteen (14) days from the date on which the Seller sends an email confirming that the refund or replacement of the non-conforming item is warranted.

The amount paid for products returned due to a proven defect will be fully refunded, including delivery costs and any expenses incurred by the User in returning the item. Refunds will be made using the same payment method used by the Customer for the original purchase.

However, some products sold on the Website may display natural variations or non-uniform characteristics inherent to the materials used in their manufacture. Such variations are part of the product’s individual appearance and do not constitute a defect.

The product warranty shall be void if the Customer has not used the item properly, for example, by exposing it to extreme temperatures (such as near a radiator, cooking surface, or in direct sunlight) or by placing it in a high-humidity environment such as a bathroom (this list is not exhaustive). The Seller may refuse warranty coverage if it can demonstrate that the issue arises from improper use conditions, as these are not considered normal product usage.

Furthermore, it may occur that the Customer purchases on the Website a product from a third-party brand or manufacturer. In such cases, if the product is defective, the User may also contact the brand or manufacturer directly to exercise their legal warranty rights within three (3) years from the date of delivery. To do so, the Customer must retain all relevant product warranty information and documentation.

11. Limitation of Liability

Unless otherwise provided by law, the Seller shall not accept any liability in the following cases:

1. Product images and representations
The presentation photographs are non-contractual. They illustrate the product with identical technical characteristics (created with platinum, gold, or silver), but as each creation/print is custom-made from the Client’s own photograph, the final result may differ slightly from the product image displayed. The images shown are intended to illustrate the product’s quality and style, but the final rendering depends on the photo provided by the Client. The Client acknowledges and accepts that minor variations may occur in their print.

2. Transport and delivery issues
The Seller shall act with the utmost diligence in ensuring that the ordered product is made available to the shipping company. However, the Seller cannot be held responsible for damage or delays caused by transport issues, including but not limited to strikes, road blockages, losses, or thefts arising during shipment, or any other disruptions inherent to the transport sector.

3. Technical failures and service availability
The Seller shall not be held liable for any technical failure or unexpected event that prevents the normal functioning of the service via the internet, including lack of website availability due to maintenance or other reasons that hinder service access. The Seller will make every effort to ensure the proper functioning of the purchase, payment, and shipping process but declines any responsibility for failures attributable to unforeseeable circumstances or force majeure.

4. Misuse or improper handling by the Client
The Seller shall not be responsible for misuse, mishandling, or normal wear and tear of products once used by the Client. Likewise, the Seller shall not be held responsible for incorrect product returns initiated by the Client. It is the Client’s responsibility to ensure that the correct product is returned.

5. Force majeure and uncontrollable events
In general, the Seller shall not be liable for any failure or delay in fulfilling its obligations when such failure or delay is caused by events beyond its reasonable control, i.e., by force majeure. Such events may include, but are not limited to:

• Strikes, lockouts, or other industrial action;

• Civil unrest, riot, invasion, terrorist threat or attack, war (declared or not), or threat or preparation for war;

• Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or any other natural disaster;

• Inability to use trains, ships, aircraft, motor transport, or other public or private means of transportation;

• Inability to use public or private telecommunications systems;

• Acts, decrees, legislation, regulations, or restrictions of any government or public authority.

In such cases, the Seller’s obligations shall be suspended for the duration of the force majeure event, and the Seller shall be granted an extension of time to fulfill such obligations equal to the duration of the event. The Seller shall make all reasonable efforts to find a solution enabling it to resume performance of its obligations despite the force majeure circumstances.

12. Written Communications and Notifications

By using this Website, the Client agrees that most communications with the Seller will be conducted electronically (via email or notices posted on the Website).

For contractual purposes, the Client consents to the use of this electronic means of communication and acknowledges that all contracts, notifications, information, and other communications sent electronically by the Seller meet the legal requirement of being in writing. This condition does not affect the Client’s statutory rights.

The Client may send notifications and/or communicate with the Seller using the contact details provided in these Terms and Conditions or, where applicable, through the contact sections available on the Website.

Likewise, unless otherwise specified, the Seller may contact and/or notify the Client via the email address or postal address provided by the Client.

13. Waiver

No waiver by the Seller of any specific right or legal action, nor any failure by the Seller to require the strict performance by the Client of any of their obligations, shall constitute a waiver of other rights or actions arising from a contract or from these Terms, nor shall it release the Client from the performance of their obligations.

No waiver by the Seller of any of these Terms or of any rights or actions arising from a contract shall be effective unless it is expressly stated as a waiver, duly formalized, and communicated to the Client in writing.

14. Nullity

If any of these Terms and Conditions are declared null and void by a final decision issued by a competent authority, the remaining clauses shall remain in full force and effect and shall not be affected by such declaration of nullity.

15. Entire Agreement

These Terms and any document expressly referred to herein constitute the entire agreement between the Client and the Seller with respect to the subject matter of sale and supersede any prior agreement, understanding, or promise made verbally or in writing between the same parties.

The Client and the Seller acknowledge that they have entered into a contract without relying on any statement or promise made by the other party, except as expressly stated in these Terms and Conditions.

16. Data Protection

Any personal information or data provided by the Client to the Seller during a transaction on the Website will be processed in accordance with the provisions set forth in the Privacy Policy (as contained, where applicable, in the Legal Notice and General Terms of Use).
By accessing, browsing, and/or using the Website, the Client consents to such processing of information and data and declares that all information and data provided are true and accurate.

17. Customer Service

For any inquiries, complaints, or requests for information relating to the products or to these General Terms and Conditions of Sale, the Customer may contact the Seller’s Customer Service by the following means:

• Email: myluxuryphotomlp@gmail.com

• Telephone or WhatsApp: +34 623 767 625

• Contact form: www.myluxuryphoto.com

Customer Service shall be available from Monday to Friday, between 10:00 a.m. and 7:00 p.m. (CET).
The Seller undertakes to respond to Customer inquiries within the shortest possible time and, in any event, within a maximum period of two (2) business days from receipt of the request.

18. Applicable Law and Jurisdiction

These General Terms and Conditions of Sale shall be governed by and construed in accordance with Spanish law, without regard to its conflict of law principles.

The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

In the event of any dispute, the competent courts shall be those of Girona (Girona), Spain.

19. Complaints and Claims

The Client may submit complaints, claims, or any other comments to the Seller through the contact details provided at the beginning of these Terms (General Information).

In addition, the Seller has official complaint forms available to consumers and users, which may be requested from the Seller at any time using the contact details provided at the beginning of these Terms (General Information).

Furthermore, if any dispute arises from the conclusion of this purchase contract between the Seller and the Client, the Client, as a consumer, may seek an out-of-court resolution in accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes, and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC.
You may access this platform via the following website: https://ec.europa.eu/consumers/odr/.