Conditions

GENERAL CONDITIONS

In compliance with the Spanish Law of Information Society Services (LSSI) published in the Official State Bulletin (B.O.E.) on 12 July 2002, the following is published:

  1. Identifying data

    The website service provider is Camalize SL (hereinafter "Camaloon") with intra-community NIF (tax identification number) ESB65660656 with registered office in c/ Àlaba 61, 5-2, 08005 Barcelona, Spain. Registered in the Commercial Register of Barcelona: Volume 42856, Page 96, Section B 415 963.

  2. Description of service

    Camaloon provides a range of Internet services to its users and customers. One of these services is to offer customized items such as badges, magnets, stickers, wall stickers, skins, shirts and mirrors. Users of the Camaloon website can purchase products for their own use or to be sold to third parties.

  3. Use of the Camaloon website and service

    1. Minimum age

      To be a registered user of the Camaloon website, you must be over 18 years of age

    2. License for use of the Camaloon website and service.

      Camaloon offers a limited, revocable license to access and use its website and its services according to its General Conditions of Use. This license does not include the right to collect or use the website information for purposes prohibited by Camaloon, to compete against Camaloon, to create graphics based on Camaloon contents or to save a copy of the web.

  4. General rules

    1. Prohibited Use

      You cannot try to cause any damage to Camaloon website or service. For example, and with no aim to be a complete nor exhaustive list, you cannot:

      1. Hinder Camaloon service using viruses or other programs designed to cause damage to any software or hardware.

        Modify or create versions of any technology used in the Camaloon website.

        Use any type of script, robot or technology to monitor Camaloon website.

        Collect emails or other information through the Camaloon service.

        Impersonate another person or entity.

    2. 4.2 Privacy and protection of personal data

      In Camaloon we are especially concerned about the security and of ensuring confidentiality for the data provided by our customers. We are committed to giving you the best service and the best online experience.

      At the moment a customer places an order through our secure server, his/her personal and location data, and those relating to purchases and payment methods are included in a file in our database to process the order. In no case will personal information be transferred or sold by Camaloon

      Data Protection Act

      In compliance with the provisions of Law 15/1999 of December 13th, Protection of Personal Data, we inform you that:

      1. In its capacity as responsible for this file is Camalize SL with NIF ESB65660656 and registered office in c/Àlaba, 61. 5-2, 08005 Barcelona, Spain.

      2. Camalize SL guarantees the confidentiality of all information provided by its customers. In addition to the minimum required by law, the data collection and processing are carried out under safety standards preventing loss or manipulation of the data.

      3. According to the current legislation, all Camaloon customers have the rights of access, rectification, cancellation and opposition of their data. In addition, at any time, customers can express their desire to NOT receive any kind of advertising. To exercise these rights, customers can contact by mail to the address: Camaloon - Dep. Customer Service c/Àlaba, 61. 5-2, 08005 Barcelona, Spain enclosing a photocopy of ID card or send an email to info@camaloon.com

      To the best performance of its services, Camalize SL is obliged to provide certain customer data (name, address, phone, etc.) to other companies which collaborate with the provision of services (carriers, etc.). In all cases, the data provided is strictly necessary for the specific activity to be performed.

    3. Conditions of purchase

      In Camaloon we are especially concerned about security and to ensure the confidentiality of the data provided by our customers. We are committed to providing the best service and the best online experience.

      1. Selling system

        To make a purchase, you have to send us your order online through the purchasing process prepared for that purpose. Please check the simple guide on how to buy.

      2. Applicable taxes

        The prices of the products displayed on the Camaloon web page under the product category "Create", do not include VAT, the Value Added Tax (VAT) and the price of transport, they shall be broken down during the purchase process, in the payment gateway of the Camaloon website. Products under the category "Works by artists" already include the Value Added Tax (VAT) and in the final payment gateway you will see the calculation of transport costs and the VAT amount. In any case, the Camaloon payment gateway always detail the broken down amounts prior to the purchase acceptance.

        The tax law is applied according to the country of destination of the goods and the tax rate and residence of the Customer. If you have any doubts about the VAT exemption, contact directly info@camaloon.com

      3. Method of payment

        When ordering, the customer must pay the amount via credit card or bank transfer. Only in this way it passes to production. In certain cases and in order to prevent any possible fraud, Camaloon reserves the right to require clients to use a specific payment method.

      4. Shipping method, costs, and time

        Camaloon sends their orders to customers resident in the Iberian Peninsula, Balearic Islands, Canary Islands, Ceuta and Melilla through different transport companies. The delivery price is automatically calculated when requesting a quote or placing an order and it is calculated based on the order weight and destination. See our delivery information page for details about delivery time in your country.

        Delivery times vary depending on the quantity ordered and the countries of destination. Please, check the production deadlines on the web. It is possible that for one reason or another, an order may suffer certain production delays due to product shortages, late confirmation by the client, etc. In any case Camaloon shall deliver the products to the delivery address specified by the customer in the shortest possible time according to production timing and shipping time and, in any case, always within thirty (30) calendar days from the date on which the order was issued.

        Transport times may be altered by extraordinary incidents in the carrier and difficulties in delivering the goods. Camaloon excludes any liability for delays caused by the shipping agency, but is committed to replace within a reasonable time any order that has been damaged or lost by the agency.

  5. Change, cancellation and return of orders

    The user will be able to change or add a new design, change the delivery or billing address or cancel the order, as long as the order has not entered into the production process.

    To do this, the user must send an email to ayuda@camaloon.com attaching the order reference number and Camaloon will inform about the status of the order and the practicability of its change or cancellation.

    The user will also have fourteen (14) days to withdraw from the purchase and return the product, to run from the time the order is received. To do this he should send a mail to ayuda@camaloo.com requesting the return of the order.

    For customized products, neither changes nor return are accepted.

    For any change or return of any product, the user must return the product in perfect condition and without having begun its use. Shipping costs for return are paid by the client and he should manage this process.

    Upon returning the material and tested its correct state we will proceed to refund the amount paid for the product plus the refund of the original shipping costs in its most basic form (standard shipping). If the return is motivated by an error of Camaloon, the shipping costs of returning the product will be assumed, otherwise the user will have to pay the shipping costs for the return.

    Camaloon will refund the amount of the refunding within 14 days after the actual receipt of the product object of the return and using the same purchase method used by the buyer.

  6. Intellectual property

    Camaloon reserves all rights of ownership protected by intellectual property included its website, and solely by way of example but not limited to: texts, images, graphic design, trademarks, navigation structure, information and content. Camaloon has the exclusive rights to exploit them in any form and in particular the rights of reproduction, distribution, public communication and transformation, in accordance with the Spanish law of intellectual and industrial property.
    Camaloon website may also contain texts, images, graphic designs or trademarks owned by third parties for which it is for each of the owner exercising exclusive rights to exploit them in any form. All those identified as third party contents shall be considered as such. If you have questions or notice any illegal content, please let us know by writing to info@camaloon.com. In case any kind of infringement is known, the content will be removed immediately.

    These general conditions do not regulate the supply of services or the sale of products carried out by third parties who use direct links to the Camaloon website through banners or other links/hypertext links. Before sending orders and purchasing products and services to these third parties, we recommend you to check the terms and conditions of sale and use of such third party inasmuch as Camaloon cannot be held in any way responsible for the provision of services promised by third parties or by implementing e-commerce transactions between users and third parties.

    Intellectual Property of user images

    In the case that the user personalize a product of the Camaloon website with an image proposed by the user and not included in the Camaloon image catalog, the user guarantee to have all the Intellectual and Industrial Property rights as well as any image or privacy rights concerning individuals that may exist, needed for the exploitation of the image in the form and manner required for obtaining the customized desired product. In turn, the user grants Camaloon through the personalization service "CREATE" on the Camaloon website, a limited license to reproduce, communicate, distribute and transform the image given by the user, in the customized product or products ordered by the user. Once the product is produced and sent to the user's address, the license shall terminate.
    The user exempts Camaloon of any liability for claims of third parties arising from the unlawful or criminal use of images subject to intellectual or industrial property or individual image or privacy rights in products customized through the website Camaloon.

  7. Camaloon Rights

    1. Monitoring

      Camaloon reserves the right (but does not assume the obligation) to monitor transactions and communications that occur on its website. If Camaloon determines, in its sole discretion and judgment, that a user breaks or can break any conditions of these Terms of Use or such transaction or communication is inappropriate, Camaloon may terminate or restrict access to the user, without further responsibilities for the parties involved.

    2. Modification to Service

      Camaloon reserves the right to modify the distribution, organization and aspect of its website and the services it offers, and may change or suspend any aspect of its services and/or prices without notice and without any liability to any of the parties.

    3. Cancellation of the contract

      Camaloon, at its sole discretion and with or without notice, may:

      1. Suspend or limit the use of Camaloon to a particular user as well as fully close an account.

      2. Delete any content it believe to be opportune of Camaloon servers and directories

      3. Prohibit the use of the Camaloon services

    4. Communications sent by users

      Camaloon reserves the right to use the material and the communications sent by users: questions, comments, forums, ideas and contests, for marketing or other promotional events, without they may be considered confidential communications and always respecting the user’s personal data.

  8. Linking Policy

    Camaloon is not responsible for those websites or files that can be accessed through hypertext (links) available in its contents, since those linked pages are responsibility of their respective owners. Camaloon, therefore, neither approves nor endorses the products, services, contents, information, data, files and any kind of material on such web pages or files and does not control and is not responsible for the quality, legality, reliability and usefulness of information contents and services on linked sites that are unrelated to this page. In the event that it is deemed appropriate or that a competent authority declare the illegality of the data, ordering its withdrawal or access to them be disabled, or the existence of the damage be declared, and we are expressly notified the relevant decision, the indicated links would be immediately withdrawn.

  9. Limitation of liability

    Camaloon is excluded from any liability for damages of any kind that may be due to lack of availability or continuity of the Camaloon website.

  10. Applicable law and competent jurisdiction

    These General Conditions are governed by Spanish law.

    If the purchase of products is made by an individual, for setting possible disputes, the parties undertake to submit, at their choice, and waiving any other jurisdiction that may apply, to the courts with jurisdiction over the customer.

    If the purchase of products is made by a company, for setting possible disputes, the parties undertake to submit, at their choice, and waiving any other jurisdiction that may apply, to the courts having jurisdiction over Camaloon.

Discover License Agreement

By selecting “I Agree” below, you (hereinafter the “Designer”) in consideration of Camaloon.com as a business entity belonging to Camalize SL with Spanish NIF B-65660656 and all its subsidiaries and affiliates (hereinafter collectively “Camalize”) evaluating your Design (hereinafter the “Design”) for its possible use on the available products (badges, magnets, mugs, mirrors, stickers, clothing and others of your election), agree to the following terms and conditions (“Design Submission Terms and Conditions”):

  1. Background

    1. The Author and the Licensee

      1 - The AUTHOR is over the age of 18 years old and legitimate owner of the complete moral and patrimonial rights of the design that he/she will be uploading to Camaloon.com (hereafter named the DESIGN). The AUTHOR is to accept these conditions and to upload the design that he/she wishes to yield for the commercial exploitation.

      2 - The LICENSEE expresses its interest in acquiring the rights of exploitation necessary to use the DESIGN for the products he is currently selling that include vinyls, skins, stickers, magnets, mirrors, clothing and badges.

      3 - The AUTHOR and the LICENSEE have the necessary legal capacities to bind themselves with this present document to the following conditions:

  2. Conditions

    1. Commercial exploitation, submission and Payment

      1 - The AUTHOR guarantees to be of age, legitimate owner of the DESIGN and to possess all rights of exploitation of the DESIGN objected to this contract. The AUTHOR yields the rights to reproduce, distribute, transform and communicate this DESIGN to the LICENSEE. 2 - The assignment is destined for the commercial exploitation and leaves the AUTHOR the moral and patrimonial rights to use the DESIGN for any other purpose. 3 - The AUTHOR submits each DESIGN he/she wishes to publish to the LICENSEE at the time of accepting the present agreement. 4 - The AUTHOR stands up for the LICENSEE for the ownership and the originality of the DESIGN and the pacific use of the copyright. To this effect, the AUTHOR declares that the DESIGN does not harm any rights of third parties. The AUTHOR, and not the LICENSEE, is responsible for all monetary charges related to copyright infringements of this DESIGN. 5 - The LICENSEE commits himself to mention the AUTHOR or the pseudonym of the AUTHOR on its website Camaloon.com next to the products destined for sale with the DESIGN. 6 - a) In terms of remuneration for the granted DESIGN, the AUTHOR may himself set the percentages of his/her participation on the revenue generated by the sale of products with the DESIGN by the LICENSEE. b) The AUTHOR accepts that the price of the sale of the product may be changed depending on market conditions (always with the goal of increasing sales and therefore increasing the AUTHOR's remuneration). This implies that his/her remuneration varies as well. c) The payments described above in part a) will only be paid out to the AUTHORS account if the amount totals 50 or more Euros. In any case, the money earned will be available in the AUTHOR's account on Camaloon.com and may be spent on this same website. d) The payment of the above mentioned amounts will be transferred to the AUTHOR via PayPal. The AUTHOR hereby accepts owning a PayPal account and will introduce its email address in the specified field. The fees that may result from this transaction will be charged to the AUTHOR. Before the payment is made, an invoice will be generated in the name of the AUTHOR charging the LICENSEE for the use of the DESIGN. 7 - The LICENSEE reserves the right to distribute free samples of the products made with the AUTHOR's DESIGN. The AUTHOR accepts that his/her DESIGN may be used for marketing campaigns and actions with promotional purpose. 8 - The AUTHOR will be conveniently informed of the evolution of the sales of products with his DESIGN via email and/or in his account on Camaloon.com. 9 - The LICENSEE cannot yield the assigned rights over the DESIGN to third parties without the agreement of the AUTHOR. The agreement of the AUTHOR shall not be necessary if this occurs with the dissolution or managing changes (fusion, partial or total split-off, global asset or passive transfer or patrimonial segregation) of the LICENSEE.

  3. Changes of terms

    Camalize reserves the right to modify any aspect of the Design Submission Terms and Condition, including but not limited to general terms, pricing of products and commission margin. Camalize may also discontinue the Design Submission in whole or in part at any time for any reason. Camalize will notify the Designer 15 days in advance of any material changes to this Agreement (and the effective date of such changes) by email sending the revised Agreement. If the Designer continues to maintain or upload Designs on Camaloon.com website after the effective date of the changes, it will be deemed that he or her have accepted the changes and the new terms of the Agreement will govern all prior and future submissions of Designs. If the Designer does not accept the new terms of the Agreement, his or her sole and exclusive remedy shall be to terminate this Agreement by removing all of his or her designs from the website Camaloon.com.

  4. Governing Law and Jurisdiction

    10 - Both parties agree resolving all eventual differences concerning the present contract to the jurisdiction and competency of the Court of Justice of Barcelona. However, both parties may agree - in a separate document and for each possible dispute that may arise - to submit to arbitration, in accordance with the current legislation in Spain designating in mutual accordance one sole arbitrator (professional in the field of intellectual property).