GENERAL CONDITIONS OF SALE

www.NachoBarrio.Studio

1. GENERAL INFORMATION

The ownership of this website, www.NachoBarrio.Studio, (hereinafter Website) is held by: Ignacio Martínez Barrio, with NIF: 02259286L, and whose contact details are:

Address: VGSIKBAF Nacho Martinez Barrio CITYPAQ CALLE COLÓN, S/M 08640 OLESA DE MONTSERRAT Contact telephone number: 652722922 Contact email: privacy@nachobarrio.studio

This document (as well as any other documents mentioned here) regulates the conditions governing the use of this Website (www.nachobarrio.studio) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions).

For these Conditions, it is understood that the activity that NachoBarrio.Studio carries out through the Website includes:

• Photography, Video, and Cinematography Services.

• Audiovisual Management and Production.

• Sale of items related to photographic and/or audiovisual work, whether digital or physical.

• Rental of spaces and/or technical equipment.

• Sale of branded image items.

• Sale of courses related to the activity of the company.

• B2B Consultancy.

• Anything that may be derived from the activity of the company.

In addition to reading these Conditions, before accessing, browsing, and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookie policy, and the privacy and data protection policy of NachoBarrio. By using this Website or when making and/or requesting the acquisition of a product and/or service through it, the User consents to be bound by these Conditions and by all of the aforementioned, so if he does not agree with all of this, he must not use this Website.

It is also reported that these Terms may be modified. The User is responsible for consulting them every time he accesses, browses, and/or uses the Website since those that are in force at the time when the acquisition of products and/or services is requested will be applicable.

For all questions that the User may have about the Conditions, he can contact the owner using the contact details provided above or, where appropriate, using the contact form.

2. THE USER

Access, navigation, and use of the Website confer the status of the user (hereinafter referred to, without distinction, individually as User or jointly as Users), so all the Conditions established herein, as well as their subsequent modifications, are accepted, from the beginning of navigation on the Website, without prejudice to the application of the corresponding mandatory legal regulations as the case may be.

The User assumes responsibility for the correct use of the Website. This responsibility will extend to:

• Make use of this Website only for legally valid inquiries and purchases or acquisitions.

• Do not make any false or fraudulent purchases. If such a purchase could reasonably be considered to have been made, it could be canceled and reported to the relevant authorities.

• Provide truthful and lawful contact details, for example, email address, postal address, and/or other data (see Legal Notice and General Conditions of Use).

The User declares to be over 18 years of age and has the legal capacity to enter into contracts through this Website.

The User may formalize, at his option, with NachoBarrio the contract for the sale of the desired products and/or services in any of the languages in which these Conditions are available on this Website.

3. PURCHASE OR ACQUISITION PROCESS

Users can buy on the Website by the established means and forms. They must follow the online purchase and/or purchase procedure of www.NachoBarrio.Studio, during which several products and/or services can be selected and added to the cart, basket, or final purchase space, and, finally, click on “Buy now”.

Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.

Next, the User will receive an email confirming that NachoBarrio has received his order or request for purchase and/or provision of the service, that is, the confirmation of the order. And, where appropriate, you will also be informed by email when your purchase is being sent.

Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice that will be sent to the User via email. Likewise, the User can, if he wishes, obtain a copy of his paper invoice, requesting it from NachoBarrio using the contact spaces of the Website or through the contact details provided above.

The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale that concern the product and/or service in question and that are shown next to the presentation or, where appropriate, the image of it on its website page, indicating, by way of example, but not exhaustive, and taking into account each case: name, price, components, weight, quantity, color, details of the products, or characteristics, how they will be carried out and/or cost of the services; and recognizes that the placing of the purchase or purchase order materializes the complete acceptance of the particular conditions of sale applicable to each case.

In addition, the User can thoroughly consult the Particular Conditions of Sale that govern this Website at the following link: www.nachobarrio.studio/returns

The communications, purchase orders, and payments that intervene during the transactions made on the Website could be archived and kept in the computerized records of NachoBarrio to constitute a means of proof of transactions, in any case, respecting the reasonable security conditions and the laws and regulations in force that are applicable in this regard, and particularly taking into account Regulation (EU) 2016/679 of the European Parliament and the Council, of April 27, 2016, on the protection of natural persons about the processing of personal data and the free movement of such data (GDPR) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, and on the rights of Users by the privacy policy of this Website.

4. AVAILABILITY

All purchase orders received by NachoBarrio through the Website are subject to the availability of the products and/or to the fact that no circumstance or cause of force majeure (clause nine of these Conditions) affects the supply of the same and/or the provision of the services. If there are difficulties in the supply of products or there are no products left in stock, NachoBarrio undertakes to contact the User and refund any amount that may have been paid as an amount. This will also apply in cases where the provision of service becomes unrealizable.

5. PRICES AND PAYMENT

The prices displayed on the Website are the final ones, in Euros (€), and include taxes, unless by legal requirement, especially about VAT, a different issue is indicated and applied.

However, and unless otherwise indicated, on time, the prices of the items offered exclude shipping costs, which may be incurred, which will be added to the total amount due at the time of managing the shipping procedure by the User, and where the User will consult the available shipping methods and costs and freely choose the one that suits him best.

In no case will the Website add additional costs to the price of a product or service automatically, but only those that the User has voluntarily and freely selected and chosen.

Prices may change at any time, but possible changes will not affect orders or purchases in respect of which the User has already received an order confirmation.

The accepted means of payment will be Credit or debit card, PayPal, and Bank Transfer.

NachoBarrio uses all means to guarantee the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure SSL (Secure Socket Layer) payment system.

Credit cards will be subject to checks and authorizations by the bank issuing them, if that entity does not authorize payment, NachoBarrio will not be responsible for any delay or non-delivery and will not be able to formalize any contract with the User.

Once NachoBarrio receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the time the User is sent the confirmation of sending and/or confirmation of the service that is provided in the established form and, where appropriate, place.

If the means of payment is Paypal, the charge will be made at the time NachoBarrio sends a confirmation of the order for the purchase or purchase of products and/or services to the User.

In any case, by clicking on “Buy Now” the User confirms that the payment method used is his.

Purchase or purchase orders in which the User selects the bank transfer as a means of payment will be reserved for 5 calendar days from the confirmation of the order to allow sufficient time for the bank transfer to be taken into account by the payment system used by NachoBarrio for the Website. When the system receives the transfer, the order will be prepared and managed for shipment.

Using this payment method, the User must ensure that he correctly enters the exact amount of the purchase order, as well as the account number and the transfer reference. In case of an error, NachoBarrio will not be able to validate the order, which will be canceled.

6. DELIVERY

In cases where it is appropriate to make the physical delivery of the contracted property, deliveries will be made within the scope of the following territory: World.

Except in those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, derived from the customization of the products, the purchase order consisting of the related products in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation.

If for any reason, which is attributable to him, NachoBarrio could not meet the delivery date, he will contact the User to inform him of this circumstance and, he may choose to continue with the purchase by establishing a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.

If it is impossible to deliver the order due to the absence of the User, the order could be returned to the warehouse. However, the carrier would leave a notice explaining where the order is located and how to make it delivered again.

If the User is not going to be at the place of delivery within the agreed time slot, he must contact NachoBarrio to arrange delivery another day.

If 30 days have elapsed since your order is available for delivery, and it has not been delivered for reasons not attributable to NachoBarrio, NachoBarrio will understand that the User wishes to withdraw from the contract and it will be considered avoided. As a result of the termination of the contract, all payments received from the User will be returned to him, except the additional expenses resulting from the User’s own choice of a mode of delivery different from the less expensive mode of ordinary delivery offered by the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which.

However, the User must keep in mind that the transport derived from the resolution may have an additional cost that may be passed on to him.

For these Conditions, it will be understood that the delivery has occurred or that the order has been delivered at the time when the User or a third party indicated by the User acquires the material possession of the products, which will be accredited by signing the receipt of the order at the agreed delivery address.

The risks that may arise from the products will be borne by the User from the moment of their delivery. The User acquires ownership of the products when NachoBarrio receives full payment of all the amounts due about the purchase or acquisition made, including shipping costs, or at the time of delivery if this takes place at a time after the full receipt of the amount to be paid by NachoBarrio.

By the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or provision will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except for the Canary Islands, Ceuta, and Melilla. The applicable VAT rate will be the one legally in force at all times depending on the specific article in question.

In the same vein, and accordance with Chapter I of Title V of Council Directive 2006/112 of 28 November 2006 on the common system of VAT, purchase orders will be located, for delivery and/or delivery, in that Member State of the European Union where the address on the purchase order is located and, therefore, the applicable VAT will be the one in force in that Member State.

In orders destined for the Canary Islands, Ceuta, and Melilla, deliveries will be exempt from VAT by application of the provisions of Law 37/1992, and Directive 2006/112, without prejudice to the application of the corresponding taxes and duties by the regulations in force in each of these territories. The User must take into account that in these territories there could be situations in which taxes and customs duties are applied and accrued at the destination, by current regulations, and that these could be on his part.

For the rest of the locations, other than the previous ones, where the purchase orders will be located, for their delivery and/or provision the regulations in force at all times will apply; the User must take into account that this could generate the application and accrual of taxes and customs duties at destination, by the regulations in force at the destination, and that these could be on his For more information, the User must contact the customs office at the destination.

7. TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that in case he detects that an error has occurred when entering the data necessary to process his purchase request on the Website, he may modify them by contacting NachoBarrio through the contact spaces enabled on the Website, and, where appropriate, through those authorized to contact customer service, and/or using the contact details provided in the first clause (General Information).

In any case, the User, before clicking on “Buy now”, has access to the space, cart, or basket where his purchase requests are annotated and can make modifications.

Likewise, the User is referred to consult the Legal Notice and General Conditions of Use and, in particular, the Privacy Policy to obtain more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and the Council, of April 27, 2016, on the protection of natural persons about the processing of personal data and the free movement of these data (GDPR) and in Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights.

8. RETURNS

In cases where the User purchases products on or through the owner’s Website, he has a series of rights, as listed and described below:

Right of Withdrawal

The User, as a consumer and user, purchases on the Website and therefore has the right to withdraw from such purchase within 14 calendar days without the need for justification.

This withdrawal period will expire 14 calendar days from the day that the User or a third party authorized by him, other than the carrier, acquired physical possession of the goods acquired on the NachoBarrio Website or if the goods that make up his order are delivered separately, 14 calendar days from the day that the User or a third party authorized by him, other than the carrier, acquired physical possession of the last of those goods that made up the same purchase order, or in the case of a service contract, 14 calendar days from the day of the conclusion of the contract.

To exercise this right of withdrawal, the User must notify NachoBarrio of his decision. You can do so, where appropriate, through the contact spaces enabled on the Website or through:

VGSIKBAF Nacho Martinez Barrio CITYPAQ CALLE COLÓN, S/M 08640 OLESA DE MONTSERRAT Contact telephone number: +34 652722922 Contact email: privacy@NachoBarrio.studio

The User, regardless of the means he chooses to communicate his decision, must express clearly and unequivocally that he intends to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that NachoBarrio makes available to him as a part attached to these Conditions, however, its use is not mandatory.

To meet the withdrawal period, it is sufficient that the communication that unequivocally expresses the decision to withdraw is sent before the expiration of the corresponding period.

In case of withdrawal, NachoBarrio will reimburse the User for all payments received, including shipping costs (except the additional costs chosen by the User for a shipping method other than the least expensive modality offered on the Website) without any undue delay and, in any case, no later than 14 calendar days from the date on which NachoBarrio is informed of.

NachoBarrio will refund the User using the same payment method that he used to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, NachoBarrio could withhold such a refund until it has received the products or items of the purchase, or until the User presents proof of their return, depending on which condition is met first.

The User can return or send the products to NachoBarrio at:

VGSIKBAF Nacho Martinez Barrio CITYPAQ CALLE COLÓN, S/M 08640 OLESA DE MONTSERRAT

And it must do so without any undue delay and, in any case, no later than 14 calendar days from the date on which NachoBarrio was informed of the withdrawal decision.

The User acknowledges knowing that he must assume the direct cost of returning (transport, delivery) the goods, if any. In addition, it will be responsible for the decrease in the value of the products resulting from handling other than that necessary to establish the nature, characteristics, and functioning of the goods.

The User acknowledges knowing that there are exceptions to the right of withdrawal, as stated in article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of personalized products; products that may deteriorate or expire quickly; music or video CDs / DVDs without their packaging, as sealed in the factory; products that for hygiene or health reasons are sealed and have been unsealed after delivery.

In the same sense, the provision of a service that the User could contract on this Website is governed, since this same Law establishes that the Right of withdrawal will not assist Users when the provision of the service has been fully executed, or when it has begun, with the express consent of the consumer and user and with the recognition on his part that he is aware that, once the contract has been fully executed.

In any case, no refund will be made if the product has been used beyond the mere opening of it, for products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.

Likewise, the products must be returned using or including all their original packaging, instructions, and other documents that may accompany them, in addition to a copy of the purchase invoice.

In the following link, you can download it HERE.

Return of defective products or shipping error

These are all those cases in which the User considers that, at the time of delivery, the product does not comply with the provisions of the contract or purchase order, and that, therefore, he must contact NachoBarrio immediately and let him know the existing disagreement (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).

The User will then be informed about how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable time, if the refund or, where appropriate, the replacement of the same is appropriate.

The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming that the refund or replacement of the non-compliant item is appropriate.

The amount paid for those products that are returned due to a defect, when it exists, will be refunded in full, including the delivery costs and the costs that the User may have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.

In any case, you will always be subject to the rights recognized in the legislation in force at all times for the User, as a consumer and user.

Guarantees

The User, as a consumer user, enjoys guarantees about the products that he can acquire through this Website, in the terms legally established for each type of product, NachoBarrio is, therefore, responsible for the lack of conformity of the same that manifests itself within two years from the delivery of the product.

In this sense, it is understood that the products conform with the contract provided that: they comply with the description made by NachoBarrio and possess the qualities presented in it; they are suitable for the uses for which products of the same type are ordinarily intended; and they present the usual quality and performance of a product of the same type and that they are fundamentally expected of it.

When this is not the case concerning the products delivered to the User, the User must proceed as indicated in the section Return of defective products or error in shipment. However, some of the products that are marketed on the Website may have inhomogeneous characteristics as long as they derive from the type of material with which they have been manufactured, and which will therefore be part of the individual appearance of the product, and will not be a defect.

On the other hand, it may be the case that the User acquires on the Website a product of a brand or manufactured by a third party. In this case, and considering that the User is a defective product, he also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise his right of legal guarantee directly against them during the two years following the delivery of said products. To do this, the User must have kept all the information about the warranty of the products.

However, to learn more about the After-Sales Service that NachoBarrio puts at the service of the Users of the Website, you can consult it here: www.NachoBarrio.studio/returns.

9. DISCLAIMER OF LIABILITY

Unless otherwise provided by law, NachoBarrio will not accept any responsibility for the following losses, regardless of their origin:

• Any losses that were not attributable to any non-compliance on your part;

• Business losses (including loss of profits, income, contracts, expected savings, data, loss of goodwill, or unnecessary expenses incurred);
• Or any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products between the two parties was concluded.

Likewise, NachoBarrio also limits its liability in the following cases:

• NachoBarrio applies all measures concerning providing a faithful display of the product on the Website, however, it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, problems with the browser used, or others of this nature.

• NachoBarrio will act with the utmost diligence to make available to the company in charge of transporting the product that is the subject of the purchase order. However, it is not responsible for damages arising from a malfunction of transport, especially for causes such as strikes, roadblocks, and in general any other specific to the sector, that result in delays, losses, or theft of the product.

• Technical failures that, for accidental or other reasons, prevent the normal functioning of the service through the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents the availability of the service. NachoBarrio puts all the means at its disposal to carry out the process of purchase, payment, and shipment/delivery of the products, however, it is exempt from liability for causes that are not attributable to it, fortuitous events, or force majeure.

• NachoBarrio will not be responsible for the misuse and/or wear and tear of the products that have been used by the User. At the same time, NachoBarrio will also not be responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product.

• In general, NachoBarrio will not be responsible for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond its reasonable control, that is, that is due to force majeure, and this may include, but not limited to:

• Strikes, lockouts, or other protest measures.

• Civil commotion, revolt, invasion, terrorist threat or attack, war (declared or not), or threat or preparations for war.

• Fire, explosion, storm, flood, earthquake, sinking, epidemic, or any other natural disaster.

• Inability to use trains, ships, airplanes, motor transport, or other means of transport, public or private.

• Inability to use public or private telecommunications systems.

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

In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and NachoBarrio will have an extension in the period to fulfill them for some time equal to the duration of the cause of force majeure. NachoBarrio will put all reasonable means to find a solution that allows him to fulfill his obligations despite the cause of force majeure.

10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User accepts that most of the communications with NachoBarrio are electronic (emails or notices published on the Website).

For contractual purposes, the User consents to the use of this electronic means of communication and acknowledges that any contract, notification, information, and other communications that NachoBarrio sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.

The User may send notifications and/or communicate with NachoBarrio through the contact details provided in these Conditions and, where appropriate, through the contact spaces of the Website.

Likewise, unless otherwise stipulated, NachoBarrio may contact and/or notify the User his email or at the postal address provided.

11. RESIGNATION

No waiver by NachoBarrio of a specific legal right or action or the lack of requirement by NachoBarrio of strict compliance by the User of any of its obligations will imply, nor a waiver of other rights or actions derived from a contract or the Conditions, nor will it exempt the User from the fulfillment of its obligations.

No waiver by NachoBarrio of any of these Conditions or of the rights or actions derived from a contract will take effect unless it is expressly established that it is a waiver and is formalized and communicated to the User in writing.

12. NULLITY

If any of these Conditions are declared null and void by a final decision issued by the competent authority, the rest of the clauses will remain in force, without being affected by such declaration of nullity.

13. COMPLETE THE AGREEMENT

These Conditions and any document expressly referred to in them constitute the entire existing agreement between the User and NachoBarrio about the object of sale and supersede any other previous agreement, agreement or promise agreed orally or in writing by the same parties.

The User and NachoBarrio acknowledge that they have consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.

14. DATA PROTECTION

The information or personal data that the User provides to NachoBarrio in the course of a transaction on the Website, will be treated by the provisions of the Privacy or Data Protection Policy (contained, where appropriate, in the Legal Notice and General Conditions of Use). By accessing, browsing, and/or using the Website, the User consents to the processing of such information and data and declares that all the information or data he provides is truthful.

15. APPLICABLE LAW AND JURISDICTION

The access, navigation, and/or use of this Website and the contracts for the purchase of products through it will be governed by Spanish legislation.

Any controversy, problem, or disagreement that arises or is related to the access, navigation, and/or use of the Website, the interpretation, and execution of these Conditions, or the sales contracts between NachoBarrio and the User, will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.

16. COMPLAINTS AND COMPLAINTS

The User can send NachoBarrio his complaints, claims, or any other comments he wishes to make through the contact details provided at the beginning of these Conditions (General Information).

In addition, NachoBarrio has official complaint forms available to consumers and users, and they can request from NachoBarrio at any time, using the contact details provided at the beginning of these Conditions (General Information).

Likewise, if the conclusion of this purchase contract between NachoBarrio and the User gives rise to a dispute, the User as a consumer can request an out-of-court settlement of disputes, by Regulation (EU) 524/2013 of the European Parliament and of the Council of May 21, 2013, on online dispute resolution in consumer matters and amending Regulation (EC) 2006/2004 and Directive 2009 You can access this method through the following website: http://ec.europa.eu/consumers/odr/.

Last modified: July 1, 2022