GENERAL CONTRACTING TERMS AND CONDITIONS OF GOODS AND SERVICES OF THE WEBSITE WWW.GRAFICASAGA.COM

GRÁFICAS AGA, S.L. (hereinafter, Gráficas AGA), offers users the possibility to contract certain services or purchase specific products through this website. The general contracting terms and conditions are outlined below.

(A) General information:

The present General Contracting Terms and Conditions regulate contracting online by the user of services and/or products offered by the enterprise Gráficas AGA, S.L. with tax ID number B28623213, with registered corporate address in Madrid, Calle Rufino González, Number 31, with Zip Code 28037. It was constituted indefinitely by means of a public deed authorized in Madrid in the presence of Public Notary, FIDEL GARCIA MELERO, on February 19, 1980, Protocol Number 196, and registered in the mercantile registry of Madrid, in Volume 5549, 512 of Section 4 of the Incorporated Companies Book, Folio 146, Sheet No. 9220, First Entry.

(B) Acceptance of General Contracting Conditions:

The use and contracting of the services offered by Gráficas AGA implies in any case the prior acceptance of these general terms and conditions.

In this regard, we inform the user that these conditions complement all provisions in the disclaimer of this website, and especially, with what is established in its privacy policy, to which the user must also give his/her consent.

The formalization of the contract through this website implies the prior reading and full acceptance of the General Purchase Conditions established by Gráficas AGA. By accepting, the user consents that he/she is of legal age being capable of its execution, and that he/she has read and therefore agree to the contents of said contract.

The validity of the rights and obligations contained in the present General Purchase Conditions will remain in force after subsequent execution of the contract. Any clause included is therefore regarded as General Purchase Conditions of Gráficas AGA, expressly accepted by clients.

It is understood that the present general purchase conditions shall not be subject to modification, except where the modification of the same has been expressly accepted in writing by Gráficas AGA.
With regards to the cost of the contracted services or products purchased, it is understood that the user is in agreement in the moment the contract is formalized, in accordance with established rates in force at the time and published there within.

(C) Objectives and Regulations of the General Contracting Terms and Conditions:

The present general contracting terms and conditions has as its objective the regulation of any legal relationship that has originated in the contracting of services or purchase of products made available to clients by Gráficas AGA, being understood that the client accepts the conditions at the moment of procurement or acquisition of any service or product offered by this entity.

With regard to current applicable legislation, the present general contracting terms and conditions will be in any case subject to provisions of Regulation 7/19988 from April 13, on General Contracting Terms and Conditions, and both the Regulation 26/1984 from July 19, for the Defense of Consumers and Users, as well as the Regulation 7/1996, from January 15 on Retail Trade Regulation. Notwithstanding the foregoing, the following may also be applicable: the Organic Law 15/1999, of December 13 regarding the Protection of Data of a Personal Nature, the Royal Decree 1720/2007 of December 21, the development of the above, and where appropriate, the Royal Decree 1906/1999 of December 17, 1999, which regulates the Telephone or Electronic Contracts with general conditions, and Regulation 34/2002 of July 11, of E-commerce and Information Society Services. Pursuant to the above, we inform our clients that the present rules shall apply to the provisions of general conditions forming part of contracts subject to Spanish legislation. However, it shall also apply to contracts subject to foreign law when the adherent issued declaration in Spanish territory and maintains legal residence in Spain, without prejudice to the provision of any treaties or international conventions.

(D) Registration of the User or Customer:

In order to contract any service or purchase products online offered by Gráficas AGA it is a prior and essential requirement to complete the user registration procedure, which implies the full and express acceptance of general contracting terms and conditions. In the event that the user is not in agreement with these conditions, he/she should not proceed with the contracting process of services offered.

Gráficas AGA ensures, in accordance with Regulation 15/1999, of December 13, of Protection of Personal Data, that the data obtained through the registration procedure will be treated with the utmost confidentiality. Likewise, it informs users that the data collected shall be subjected to automated processing, and are those that have been considered adequate, relevant and not excessive in relation to the scope and the specific purposes, explicit and legitimate, for which they were obtained.

The user guarantees that he/she is of legal age and has therefore full legal capacity to become a party in a contract and to accept the present general contracting terms and conditions, assuming any liability that may arise from the use of these services. If the user is a minor, it shall be presumed that he/she has the consent of their parents or legal guardians upon completion of the procedure of registration or contracting of services.

We encourage all users to regularly read the general contracting terms and conditions being advised that Gráficas AGA reserves the right to modify the terms when deemed necessary, therefore understood that the user gives his/her consent to the general contracting terms and conditions that are valid upon acceptation of contract.

To complete the registration procedure, the user must follow the successive steps that appear on the screen of his/her computer, creating a personal, non- transferable password to allow quick access to personal data and to obtain status as "User", in the case of an individual as well as a company, where the procedure will not be need to be repeated upon reentry to the service.

The user may modify the data provided at any time, accessing the information using the personal password.

(E) Contracting Services and Purchase of Products offered by Gráficas AGA:

Gráficas AGA ensures the user the formalization of the services purchased at the price fixed at the time of payment.

On the other hand, the user guarantees that all the data provided both for identification and for payment purposes, is correct. Likewise also ensuring that he/she is the legitimate owner of the means of payment used, or can prove that they have the right to finalize the payment on behalf of the legal entity. In this manner, Gráficas AGA reserves the right to engage in any legal negotiations that might proceed against the user.

The user is responsible for the data provided and therefore assumes any inherent risk in the steps taken to facilitate them through the Internet, without prejudice that Gráficas AGA will use all means available aimed at the protection and guarantee of confidentiality of said users. Therefore Gráficas AGA remains expressly exonerated from any fraudulent use by a third party of such data.

Through the payment of the amount indicated for the chosen product or service, the user undertakes to use it at all times according to current regulations, as well as these terms and conditions.

Despite the foregoing, Gráficas AGA reserves the right to refuse the formalization of the contract in the case that it is considered that the user is in breach of any of the above aspects, proceeding in this case; provided it is relevant to not providing the service or the purchase of the product; to refund the amount paid.


(F) Improvement of the Contract Between the Parties:

Offers of products and services made by Gráficas AGA shall not be binding until the customer formalizes the order, therefore from that moment both sides are linked to the implementation of the General Purchase Conditions outlined herein. Regarding application of the afore mentioned, acceptance by Gráficas AGA of any order made by the client will take effect solely and exclusively from the moment of reception by the company, provided it occurs within the period of validity of the offer and fulfilling all the established requirements.

(G) Currency and Taxes:

Prices that appear on the website www.graficasaga.com will always be displayed in EUROS (taxes included), pursuant to the application of existing legislation applicable at any given time.

(H) Availability of Goods and Services:

Online services and products offered by Gráficas AGA in this website may be purchased by persons resident in any part of the world.

(I) Procedure Subsequent to the Completion of the Order:

Once the order is formalized by the user, the procedure is as follows:

(a) Book (DVD included). Once formalized by the user and assuming the book is in stock, Gráficas AGA will ship the order by way of ENVIALIA transport company.

(b) Photographs. Upon order completion, photos will be taken to Galicia Color who will in turn remit the product to Gráficas AGA, thereafter passing to ENVIALIA for subsequent shipment to the address indicated by the user with an estimated timeframe for the elaboration of the order being 5 days.

(J) Payment Method:

Payment for the services purchased on this website must be made via credit or debit card. The payment of the services contracted will be online, through the payment platform of LA CAIXA, after prior verification that the shared data is true and accurate. Payment through a PAYPAL account will also be accepted.

Gráficas AGA ensures users that the payment process is carried out in a secure manner, according to the obligatory protocols and security services.

(K) Confirmation of the Contracted Services or Products Purchased:

Once payment is made, Gráficas AGA will remit an email to the address provided by the user, a confirmation of the services contracted stating all necessary terms.

(L) Conditions of Transportation and Delivery:

Delivery: The delivery of goods is carried out according to the agreement by the parties. However, Gráficas AGA informs clients that the stipulated delivery dates are estimated.

Delay in delivery: Gráficas AGA is not responsible for loss, damage, retention or delay in delivery due to causes beyond its control such as any fortuitous event, natural disasters or acts attributable to the buyer. The parties agree that the following clauses will be considered as force majeure; acts of civil or military authority, fires, strikes, floods, epidemics, wars, street riots, delays in transport, restrictions or embargoes imposed by Governments or difficulties in the obtention of labor , material, or transportation due to such events . Notwithstanding the above, in the event of a delay exceeding ninety (90) consecutive days delivery the buyer may terminate the present contract when referring to the goods not delivered without any penalty.

Availability made for transportation of goods: The delivery date will be considered met by Gráficas AGA provided that it has placed the goods at the disposal of the contracted transport service in advance so that, within the framework with no adverse conditions, is deemed that the transport can be performed adequately.

Delivery Location: Delivery of the orders will be made to the direction indicated by the user by means of ENVIALIA transport company.

Delivery Time: Within national territory, the estimated timeframe for delivery shall be less than five (5) business days, once order is prepared for shipment.

In order to ensure an efficient delivery, Gráificas AGA recommends the user to provide a contact telephone number where he/she can be located if necessary. We also recommend the revision of the data provided for reception of shipment.

Transportation Costs: When calculating the price of transportation it will be taken into account the products purchased, necessary packaging, and in particular the destination of shipment.

(M) Hours for Placing Orders.

The website of Gráficas AGA will be available 24 hours a day. Notwithstanding, the orders will be processed upon receipt of the confirmed order and within a business day.

(N) Liability Limitation:

The liability of Gráficas AGA against any claim shall be, in any case, limited to the refund of the amount paid by the buyer for the purchase of the product or contracting of the service. Therefore, and to the extent permitted by law, the company will not accept liability for indirect damages; and in particular for any loss, damage, claim, liability, expense, penalty, incidental damages, loss of profits or any other concept, whenever and whatever might arise.

(O) Integrity and Partial Nullification of Contract:

These general contracting terms and conditions constitute the complete contract between parties with no existence of promises, terms and conditions and additional obligations relating to the aforesaid which are not established in the present document, without prejudice to the stipulated regarding modifications in the first clause of the same.

In case of the nullity of any of the terms contained here, the present general contracting terms and conditions will not be affected and shall retain their full validity and implementation, except when regarding a particular clause.

(P) Location of the Server, Applicable Law and Competent Jurisdiction:

Interpretation and application of the present general contracting terms and conditions shall be, in any case, in accordance to Spanish legislation.

For all intents and purposes, location of the present website will be understood to correspond with the corporate address of Gráficas AGA.

Spanish legislation will be accepted as the sole applicable resolution of any possible dispute between the parties, as the only applicable, expressly renouncing any other medium if necessary, and agreeing in any case, the submission of such disputes to the courts and tribunals of Madrid.