Conditions of use and general conditions of contract

1. IDENTIFICATION DATA OF CAMALOON

The service provider of the website is Camalize, S.L. (hereinafter, 'Camaloon' or 'Camalize'), with tax identification number ES-B65660656 and registered office at Àlaba, 61, 3rd floor, 08005 Barcelona (Spain).

Registered in the Mercantile Register of Barcelona: Volume 42.856, Folio 96, Sheet B-415963.

2. SERVICE DESCRIPTION

Camaloon provides a series of services through the Internet to its users and customers, such as the marketing and manufacturing of personalized items: badges, magnets, t-shirts, bags, stickers, etc. Users of our website may purchase products for their own use or to sell them to third parties.

3. USE OF THE WEB PAGES UNDER THE CAMALOON BRAND NAME

3.1 Minimum age

To be a user of the Camaloon websites, you must be at least 18 years of age.

3.2 License to use the Camaloon website and service

Camaloon offers a limited and revocable license to access and use our websites and services in accordance with these Terms of Use. This license does not include the right to collect or use information from the website for purposes prohibited by us, such as competing with Camaloon, using Camaloon content in any way or keeping a partial or full copy of our websites.

4. GENERAL RULES

4.1 Prohibited use

You may not attempt to cause, or cause any damage to, our websites or the Camaloon service. For example, and without being this a complete or exhaustive list by any means, it is strictly prohibited to:

a. Interfere with Camaloon's service by using viruses or other programs designed to cause harm to any software or hardware

b. Modify or create versions of any technology used on the Camaloon websites

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

d. Collect e-mails or other information through the Camaloon service

e. Impersonate any person or entity, or falsify any of your information

f. Browse or purchase on the Camaloon websites if you are not of legal age.

4.2 Privacy and data protection

At Camaloon we are particularly concerned about the security and confidentiality of the data provided by our clients. We are committed to providing you with the best service and the best online experience. You can find out your rights and how to exercise them on the Privacy page.

4.3 Purchase conditions

4.3.1 Sales system

To make a purchase, you must send us your order via the Internet through the purchase process enabled for this purpose. You may check out how to place an order in our website or contact us by e-mail should you need any help to do so.

4.3.2 Applicable taxes

A breakdown of the product prices will be displayed on our website during the purchase process. To this effect we will show you the amounts with and without VAT, as well as the transport price, always prior to the acceptance of the purchase.

VAT may vary according to your residence, the type of product and also its origin. If you have any questions about a particular VAT exemption, please contact us directly by e-mail at help@camaloon.com.

Any import taxes, bank transfer costs, customs formalities or withholdings at origin, or those related to the delivery to special territories (see section 4.3.4) or to countries located outside the European Union, are your sole responsibility as a customer and are not included in the prices indicated on the website.

4.3.3 Method of payment

When placing the order, you must pay the amount using any of the payment methods enabled on our website. Only in this way will we start producing your order. In certain cases, and in order to prevent possible fraud, Camaloon reserves the right to ask our customers to use a specific payment method or require additional documentation.

4.3.4 Form, costs and delivery times

Orders are shipped to our customers in Europe and the rest of the world through various transport companies. The price of each shipment is calculated automatically when you request a quote or place an order. See our Shipping and Delivery Information page for additional information on this topic.

There are certain territories which, although belonging to a particular country, may be subject to additional charges because transport companies normally treat them as exceptional. For example, and not limited to: Ceuta, Melilla, Guadalupe, Martinique, Canarias, etc.

Production times are displayed on our website. It is possible that an order may suffer certain delays in production due to product shortages, late confirmation from you, incorrect design, etc. In any case, we at Camaloon are aware that we must deliver the products to the shipping address you indicate to us in the shortest possible time, according to production deadlines and shipping time, and always within thirty (30) calendar days from the date we confirm the order. If there is any delay, we will contact you and inform you of any changes.

Transport times can be altered by extraordinary transport incidents (e.g. strikes, weather events, exceptional political situations, etc.) or by customs, controls in the country of destination or difficulties in the delivery of the goods. From Camaloon we do not accept responsibility for delays caused by the transport agency or for any customs control procedures. However, we do undertake to replace any order that has been damaged or lost in transit within a reasonable period of time.

5. WARRANTIES, EXCHANGES, CANCELLATIONS AND RETURNS

As a user, you can change or add a new design, change your delivery and/or billing address, or cancel your order, as long as it has not actually entered the production process.

To do so, you must send an e-mail to help@camaloon.com, and include the reference number of your order. We will inform you after reviewing the status of your order whether or not the change or possibility of cancellation has been made.

As user and customer, you will have fourteen (14) calendar days to cancel your purchase and return the product or products, starting from the moment you receive the order, and provided it is not a personalized product, i.e. modified for our customers according to their instructions. For customized products we cannot accept any exchanges or returns.

Customized products may have slight modifications in terms of color, weight, texture, materials, size or design, always fulfilling the purpose and initial idea shown on our web pages. For your part, you must treat Camaloon products with the utmost care, keep them unused and not have subjected them to inappropriate or harmful conditions, or to manipulations that may impair their abnormal condition. It is your responsibility to keep them properly until we review them at Camaloon, if you wish to return them or make a claim.

The delivery costs of the return are borne by the customer. To do this, you must send an e-mail to help@camaloon.com requesting the return of your order.

Once the material has been returned, and when we verify its incorrect state, we will proceed to return the paid product(s), in addition to the refund of the initial shipping costs in its most basic form (Standard Shipping). If the return is due to an error on our part, Camaloon will assume the cost of returning the product. Otherwise, you will have to pay the shipping costs of the return.

We will refund the amount of the refund within fourteen (14) days of the actual receipt of the returned product, and by the same method of payment you used for the purchase.

6. INTELLECTUAL PROPERTY

We reserve all intellectual and industrial property rights included in the websites under the Camaloon trademark, including but not limited to: text, images, graphic design, trademarks, navigation structure, information and content. We are exclusively responsible for the exercise of the rights of exploitation of the same in any form and, in particular, the rights of reproduction, distribution, public communication and transformation, in accordance with Spanish legislation on intellectual and industrial property rights.

The Camaloon websites may also contain text, images, graphic designs or trademarks owned by third parties, for which each of their owners will be the sole holders of the exploitation rights in any form. We consider third-party content to be all those that identify themselves as such. If you have any questions or if you notice illegal content, please let us know by writing to us at info@camaloon.com. If we notice any infringement, we will remove the content immediately.

In the event that as a user you customize a product from any of the Camaloon websites, with an image proposed by you and not included in the Camaloon catalogue of images, you must guarantee that you have all the Intellectual and Industrial Property rights, as well as any right of image or privacy concerning natural or legal persons that may exist, necessary for the exploitation of the image in the form or way you wish. In turn, as a user you grant us a limited license to reproduce, communicate, distribute and transform the image you propose in the product or products you order. Once the product is produced and shipped to your delivery address, the license will be terminated.

You completely release Camaloon from any liability due to any claims by third parties arising from the unlawful or criminal use of images subject to Intellectual or Industrial Property, or image rights or privacy of individuals in customized products through our websites.

7. COMPLAINTS AND CLAIMS

As a customer, you can always contact us at help@camaloon.com to transmit any complaint, suggestion or claim arising from the provision of our services. To facilitate the process, please always provide us with the invoice or order number of your order. We undertake to reply to requests within seven (7) working days from the date they are properly received by us. If the complaint is about material that does not originate from Camaloon, it may be necessary to extend this period so that we can contact the manufacturer.

You may not file a complaint or claim on an order after seven (7) days of actual delivery.

8. CAMALOON RIGHTS

8.1 Monitoring

Camaloon reserves the right (without assuming the obligation) to monitor all transactions and communications that occur on our website. If we believe, in our sole discretion, that a user or customer is or may be in breach of any condition of these General Conditions of Use and Contracting or that such transaction or communication is inappropriate, we may terminate or restrict access to such user or customer without any possibility of future claim.

8.2 Modification of the service

Camalize reserves the right to change the distribution, organization and appearance of our website and the services we offer and may change or discontinue any aspect of our services and/or prices without notice or claim.

8.3 Cancellation of the contract

From Camalize, at our discretion and with or without prior notice, we may:

  • Suspend or limit the use of Camaloon to a particular user, as well as close an account completely or cancel access to our web pages.
  • Block or cancel the production of any order that includes images that constitute a crime, that violate the rights of third parties, that are offensive, of bad taste, that include violent, abusive messages, messages of extreme political radical charge, sectarian or contrary to basic human rights.
  • Block or cancel the production of any order that, once revised, includes errors in the designs, in the calculation of prices, that cannot offer sufficient guarantee of final result, etc.
  • Report any abuse or fraud that has occurred on our websites to the appropriate authorities
  • Remove any content we deem appropriate from Camaloon's servers and directories or any content that has been submitted by a user
  • Discontinue the sale of any specific product or in any currency other than the euro (€).
  • Discontinue service at our discretion or offer it in a limited manner.

9. LINKING POLICY

In Camaloon we are not responsible for those websites or files that can be accessed through hypertext links ('links') available in our content. The responsibility lies with their respective owners. Therefore, we do not endorse or make our own the products, services, contents, information, data, files and any kind of material existing on such websites or files and we do not control or take responsibility for the quality, unlawfulness, reliability and usefulness of the information, contents and services existing on the linked sites and that are alien to our pages.

If it is deemed appropriate or if a competent body declares the data unlawful, orders their removal or that access to them is impossible, or if the existence of the injury has been declared, and we have been expressly notified of the corresponding decision, we will immediately remove the links as indicated.

10. LIMITATION OF LIABILITY

We exclude any liability for damages of any kind that may result from the unavailability or discontinuity of the operation of our websites. We also disclaim any liability for any inadequate use of our products.

11. CHANGES TO THE PRESENT GENERAL CONDITIONS

We reserve the right to modify any aspect of these General Terms and Conditions, including our prices, accepted designs or rejected content. This version of the general conditions was implemented in May 2018 and is version 2.1.

12. APPLICABLE LAW AND COMPETENT JURISDICTION

These General Conditions are governed by Spanish law.

If it is an individual who makes the purchase of products, for the resolution of possible disputes the parties agree to submit to the consumer arbitration established by the regulation, renouncing any other jurisdiction that may correspond to them.

If it is a company that purchases products, for the resolution of possible disputes the parties agree to submit to the courts and tribunals with jurisdiction in Barcelona, renouncing any other jurisdiction that may correspond to them.