GENERAL TERMS AND CONDITIONS OF SALE

farocards.com

1.         GENERAL INFORMATION

The ownership of this website farocards.com (hereinafter Website) is held by: Marek Mikolajczyk, with NIF: X2432953J, and whose registration details are: , and whose contact details are:

Address: Calle Laguna 18, House 3, Costa Teguise 35508, Lanzarote, Canary Islands Contact phone: +34 620 692 849

Fax:

Contact email: farocards@hotmail.com

This document (as well as any other documents referred to herein) governs the terms by which the use of this Website (farocards.com) and the purchase or acquisition of products and/or services on it are regulated (hereinafter, Terms).

For the purposes of these Terms, the activity carried out by Farocards through the Website includes: Sale of printed images in the form of postcards, books, and photos in various formats. Sale of merchandising products.

In addition to reading these Terms, before accessing, browsing, and/or using this website, the User must have read the Legal Notice and the General Terms of Use, including the cookie policy, and the privacy and data protection policy of Farocards. By using this Website or making and/or requesting the purchase of a product and/or service through it, the User agrees to be bound by these Terms and by all the aforementioned, so if they do not agree with all of it, they should not use this Website.

It is also informed that these Terms may be modified. The User is responsible for reviewing them each time they access, browse, and/or use the Website, as those applicable will be the ones in force at the time the purchase of products and/or services is requested.

For any questions the User may have in relation to the Terms, they 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 condition of user (hereinafter referred to, individually as User or collectively as Users), so from the moment browsing begins on the Website, all the Terms set out herein are accepted, as well as their subsequent modifications, without prejudice to the application of the corresponding legally binding regulations as the case may be.

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

•            Using this Website only to make legally valid inquiries and purchases.

•            Not making any false or fraudulent purchases. If it could reasonably be considered that a purchase of this kind has been made, it may be canceled, and the relevant authorities would be informed.

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

The User declares to be over 18 years old and to have legal capacity to enter into contracts through this Website.

The Website is primarily aimed at Users residing in Spain. Farocards does not guarantee that the Website complies with the laws of other countries, either totally or partially. Farocards disclaims

any liability that may arise from such access, and does not guarantee shipments or provision of services outside of Spain.

The User may formalize, at their choice, with Farocards the contract of sale for the desired products and/or services in any of the languages in which these Terms are available on this Website.

3.         PURCHASE OR ACQUISITION PROCESS

Duly registered Users can purchase on the Website by the means and in the forms established. They must follow the online purchase and/or acquisition procedure of farocards.com, during which various products and/or services can be selected and added to the cart, basket, or final purchase area, and finally click on: "Buy and pay now."

Additionally, 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.

Subsequently, the User will receive an email confirming that Farocards has received their order or purchase request, i.e., the order confirmation. Additionally, they will be informed, if applicable, by email when their purchase is being shipped. Where applicable, these details may also be available to the User through their personal connection area on the Website.

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 and, where applicable, through their personal connection area on the Website. Furthermore, the User may, if they wish, request a paper copy of their invoice by contacting Farocards using the contact areas on the Website or via the contact details provided above.

The User acknowledges being aware, at the time of purchase, of certain specific sales conditions concerning the product and/or service in question, which are shown alongside the presentation or, where applicable, image of it on its page on the Website, indicating, by way of example but not limited to: name, price, components, weight, quantity, color, product details, or characteristics, how services will be provided, and/or the cost; and acknowledges that the placing of the purchase order materializes the full and complete acceptance of the specific sales conditions applicable to each case.

The communications, purchase orders, and payments involved during transactions carried out on the Website may be stored and retained in Farocards’ computerized records in order to serve as proof of transactions, in all cases respecting reasonable security conditions and the laws and regulations in force in this regard, particularly in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons concerning 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 the rights granted to Users according to the privacy policy of this Website.

Unless expressly stated otherwise, Farocards is not the manufacturer of the products sold or that may be marketed on the Website. While Farocards makes great efforts to ensure that the information displayed on the Website is accurate, packaging and/or materials and/or components of the products may sometimes contain additional or different information from what appears on the Website.

Therefore, the User must not only consider the information provided by the Website but also the information available on the labeling, warnings, and/or instructions that accompany the product.

The User understands that Farocards displays for their interest a series of services that the owner does not provide directly to the Users, but will be contracted and provided by a third party other than Farocards.

4.         AVAILABILITY

All purchase orders received by Farocards through the Website are subject to the availability of the products and/or that no circumstance or force majeure (clause nine of these Terms) affects the supply of the same and/or the provision of the services. If there are difficulties in supplying products or if there are no products in stock, Farocards commits to contacting the User and reimbursing any amount that may have been paid. This will also apply in cases where the provision of a service becomes unfeasible.

5.         PRICES AND PAYMENT

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

Shipping costs are included in the final prices of the products as shown on the Website. Thus, Farocards performs delivery and/or shipping services through: .

However, unless otherwise stated, the prices of the articles offered exclude shipping costs, which may be incurred and will be added to the total amount due at the time of managing the shipping process by the User, where they will consult the available shipping methods and costs and freely choose the one that best suits them.

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

Prices may change at any time, but potential changes will not affect orders or purchases for which the User has already completed the purchase process on the Website and received an order confirmation, as indicated in paragraph one of clause three.

The accepted payment methods will be:

•            Credit or debit card

•            PayPal

•            Bank transfer

•            Cash on delivery

Additionally, the User may pay all or part of the purchase price with a gift card and/or a credit voucher issued by Farocards and/or Marek Mikolajczyk.

Farocards 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 an SSL (Secure Socket Layer) secure payment system.

Credit cards will be subject to checks and authorizations by the issuing bank of the same, if said entity does not authorize the payment, Farocards will not be responsible for any delay or lack of delivery and will not be able to formalize any contract with the User.

Once Farocards 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 shipment confirmation and/or confirmation of the service being provided in the established form and, if applicable, place.

If the payment method is PayPal, gift card, or credit voucher, the charge will be made when Farocards sends a confirmation of the purchase order or acquisition of products and/or services to the User.

In any case, by clicking on "Buy and pay now," the User confirms that the payment method used is theirs or, if applicable, that they are the legitimate holder of the gift card or credit voucher.

Purchase orders in which the User selects bank transfer as a payment method will be reserved for 5 calendar days from the order confirmation to allow sufficient time for the bank transfer to be considered by the payment system used by Farocards for the Website. Once the transfer is received, the order will be prepared and managed for shipment.

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

For payment on delivery, the User must select "Cash on Delivery" from the payment methods on the Website and proceed to "Buy and pay now" to place the purchase order. From that moment, Farocards reserves the right to contact the User to validate the purchase order with them. After this, the order will be prepared and ready for shipment management.

Payment will be made at the time of delivery of the order by the delivery person. Payment will only be made in cash. The User agrees to provide the delivery person with the exact amount of the order, as they will not be able to provide change.

To refund the amount in orders paid by cash on delivery, Farocards reserves the right to 14 calendar days after the return is requested through the Website and after the package has been returned to the delivery company. When making the refund, the User must provide their bank details to receive the transfer corresponding to the requested refund amount of the returned order. The refund of the amount for orders paid by cash on delivery will only be made by transfer.

Farocards reserves the right to suspend cash on delivery payments for Users who have not met the necessary requirements in previous orders.

6.  DELIVERY

In cases where physical delivery of the contracted goods is appropriate, deliveries will be made within the following territory:

•            Spain (Mainland and Balearic Islands)

•            Spain (Mainland, Balearic Islands, Canary Islands, Ceuta, and Melilla)

•            Spain (Mainland and Balearic Islands), European Union

•            Spain (Mainland, Balearic Islands, Canary Islands, Ceuta, and Melilla), European Union

•            Spain (Mainland and Balearic Islands), European Union, Rest of Europe

•            Spain (Mainland, Balearic Islands, Canary Islands, Ceuta, and Melilla), European Union, Rest of Europe

•            Worldwide

Except in cases of unforeseen or extraordinary circumstances or, where applicable, those derived from product customization, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the time indicated on the Website according to the delivery method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of order confirmation (approximately).

If for any reason attributable to Farocards it cannot meet the delivery date, the User will be contacted to inform them of this circumstance, and they may choose to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the amount paid. In any case, home deliveries are made on business days.

If it becomes impossible to deliver the order due to the User's absence, the order may be returned to the warehouse. However, the courier would leave a notice explaining where the order is and how to arrange for it to be delivered again.

If the User is not going to be at the delivery location during the agreed time slot, they should contact Farocards to arrange delivery on another day.

If 30 days pass from when your order becomes available for delivery, and it has not been delivered for reasons not attributable to Farocards, Farocards will assume that the User wishes to withdraw from the contract, and it will be considered terminated. As a consequence of the termination of the contract, all payments received from the User will be refunded, except for additional costs resulting from the User's choice of a delivery method other than the least expensive ordinary delivery option offered on the Website, without undue delay and, in any case, within a maximum period of 14 calendar days from the date the contract is considered terminated.

However, the User should note that the transport resulting from the termination may incur additional costs that could be passed on to them.

For the purposes of these Conditions, it will be understood that delivery has taken place or the order has been delivered at the moment when the User or a third party indicated by the User acquires physical possession of the products, which will be evidenced by signing the receipt of the order at the agreed delivery address.

The risks of the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when Farocards receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery if it takes place after receiving the full amount due by Farocards.

In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or performance will be considered to be located within 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 legally valid rate at any given time depending on the specific item in question.

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

For 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 tariffs in accordance with the applicable regulations in each of these territories. The User should be aware that in these territories, taxes and customs duties may apply at the destination in accordance with the applicable regulations, and that these may be borne by the User.

For all other locations, different from the aforementioned, where purchase orders are located for delivery and/or performance, the applicable regulations in force at any given time will apply; the User should be aware that this may generate the application and accrual of taxes and customs duties at the destination, in accordance with the applicable regulations at the destination, and that these may be borne by the User. For more information, the User should contact the customs office at the destination.

7.  TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that if they detect an error when entering the necessary data to process their purchase request on the Website, they can modify them by contacting Farocards through the contact spaces enabled on the Website, and, where applicable, through those enabled to contact customer service, and/or using the contact details provided in the first clause (General Information).

Additionally, these details may also be corrected by the User through their personal connection space on the Website.

In any case, before clicking on "Buy and Pay Now", the User has access to the space, cart, or basket where their purchase requests are recorded, and they can make modifications.

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

8.  RETURNS

When the User purchases products on or through the Website, they are entitled to certain rights, as listed and described below:

Right of Withdrawal

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

This withdrawal period will expire 14 calendar days after the day the User or a third party authorized by them, other than the carrier, acquires physical possession of the goods purchased on the Farocards Website or, in the case of goods that make up their order being delivered separately, 14 calendar days after the day the User or a third party authorized by them, other than the carrier, acquires 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 the contract is signed.

To exercise this right of withdrawal, the User must notify Farocards of their decision. This can be done, if applicable, through the contact spaces provided on the Website.

The User, regardless of the means they choose to communicate their decision, must clearly and unequivocally express their intention to withdraw from the purchase contract. In any case, the User may use the withdrawal form model provided by Farocards as part of these Terms, although its use is not mandatory.

To comply with the withdrawal period, it is sufficient for the communication expressing unequivocally the User's decision to withdraw to be sent before the corresponding deadline expires.

In the event of withdrawal, Farocards will refund all payments received from the User, including shipping costs (with the exception of additional costs chosen by the User for a delivery method different from the least expensive delivery method offered on the Website) without undue delay and, in any case, no later than 14 calendar days from the date on which Farocards is informed of the User's decision to withdraw.

Farocards will refund the User using the same payment method used by the User to make the initial purchase transaction. This refund will not incur any additional costs to the User. However, Farocards may withhold the refund until the goods or items of the purchase are received, or until the User provides proof of return, depending on which condition is met first.

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

Calle Laguna 18 casa 3, Costa Teguise 35508, Lanzarote, Canary Islands

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

The User acknowledges that they must bear the direct cost of returning the goods (shipping, delivery) if any costs are incurred. Additionally, they will be responsible for any reduction in value of the products resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

The User acknowledges that they are aware that exceptions to the right of withdrawal exist, as outlined in Article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws. These exceptions include, but are not limited to: personalized products; products that may deteriorate or expire quickly; CDs/DVDs of music or video without their original packaging; products that are sealed for hygiene or health reasons and have been unsealed after delivery; the supply of digital content without a physical medium.

In this same sense, the provision of a service that the User may contract on this Website is governed by the same law, which establishes

8.  RETURNS

In cases where the User has purchased products on or through the Website, they are entitled to a series of rights as enumerated and described below:

Right of Withdrawal

As a consumer and user, the User has the right to withdraw from the purchase within 14 calendar days without the need for justification.

This withdrawal period will expire 14 calendar days from the day the User or a third party authorized by them, other than the carrier, acquires physical possession of the goods purchased on the Farocards Website. If the goods that make up their order are delivered separately, the period will expire 14 calendar days from the day the User or a third party authorized by them, other than the carrier, acquires physical possession of the last of those goods that comprised a single order, or in the case of a service contract, 14 calendar days from the day of the conclusion of the contract.

To exercise the right of withdrawal, the User must notify Farocards of their decision. They can do so through the contact spaces available on the Website.

Regardless of the method chosen to communicate their decision, the User must clearly and unequivocally express their intention to withdraw from the purchase contract. In any case, the User may use the withdrawal form model that Farocards provides as an attachment to these Terms, but its use is not mandatory.

To comply with the withdrawal period, it is sufficient for the communication expressing the decision to withdraw to be sent before the corresponding period expires.

In the event of withdrawal, Farocards will reimburse the User for all payments received, including shipping costs (except for additional costs chosen by the User for a delivery method other than the least expensive option offered on the Website) without undue delay and, in any case, no later than 14 calendar days from the date Farocards is informed of the User’s decision to withdraw.

Farocards will reimburse the User using the same payment method used by the User for the initial purchase transaction. This reimbursement will not incur any additional cost to the User. However, Farocards may withhold the reimbursement until the products or items from the purchase are received or until the User provides proof of their return, whichever condition is met first.

The User may return or send the products to Farocards at: Calle Laguna 18 casa 3, Costa Teguise 35508, Lanzarote, Canary Islands.

This must be done without undue delay and, in any case, no later than 14 calendar days from the date Farocards was informed of the decision to withdraw.

The User acknowledges that they must bear the direct cost of returning (transport, delivery) the goods, if any. Additionally, they will be responsible for any reduction in the value of the products resulting from handling beyond what is necessary to establish the nature, characteristics, and functioning of the goods.

The User acknowledges that there are exceptions to the right of withdrawal as outlined 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. For example, but not limited to: personalized products; products that can deteriorate or expire quickly; CDs/DVDs of music or video without their original wrapping as factory sealed; products that are sealed for hygiene or health reasons and have been unsealed after delivery; and the supply of digital content without physical support.

Similarly, the provision of a service that the User might contract through this Website is governed by the same law, which states that Users will not have the right of withdrawal when the service has been fully performed, or when it has begun with the express consent of the consumer and acknowledgment that once Farocards has fully performed the contract, they will lose their right of withdrawal.

In any case, no refund will be made if the product has been used beyond mere opening, if products are not in the same condition as delivered, or if they have been damaged after delivery.

Additionally, products must be returned using or including all original packaging, instructions, and any other documents that accompany them, as well as a copy of the purchase invoice.

The Withdrawal Form Model can be downloaded from the following link:

Defective Products or Shipping Errors

These cases involve situations where the User considers that, at the time of delivery, the product does not conform to the contract or purchase order, and therefore must contact Farocards immediately to inform them of the discrepancy (defect/error) using the same means or contact details provided in the previous section (Right of Withdrawal).

The User will then be informed on how to proceed with the return of the products, and once returned, the products will be examined, and the User will be informed within a reasonable period whether a refund or, if applicable, a replacement is warranted.

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

The amount paid for products returned due to a defect, when present, will be fully refunded, including delivery costs and any costs incurred by the User to return the product. The refund will be made using the same payment method used by the User to pay for the purchase.

In any case, the User’s rights recognized by current legislation will always apply.

Warranties

The User, as a consumer, has warranties for the products purchased through this Website, as legally established for each type of product. Farocards is therefore responsible for any lack of conformity of the products that becomes apparent within a period of three years from the delivery of the product.

In this regard, products are considered to conform to the contract as long as: they match the description provided by Farocards and have the qualities presented in it; they are suitable for the uses to which products of the same type are ordinarily put; and they have the quality and performance typical of products of the same type and that are reasonably expected. When this is not the case regarding the products delivered to the User, they should proceed as indicated in the section Defective Products or Shipping Errors. However, some of the products marketed on the Website may have non-uniform characteristics as long as these arise from the type of material used in their manufacture, which will be part of the product’s individual appearance and will not be considered a defect.

Additionally, there may be cases where the User purchases a product from a brand or manufacturer other than Farocards. In such cases, and if the User considers the product defective, they also have the option to contact the brand or manufacturer responsible for the product to find out how to exercise their legal warranty rights directly with them within the three years following the delivery of those products. For this, the User must retain all information related to the product’s warranty.

9.  DISCLAIMER OF LIABILITY

Except as required by law, Farocards will not accept any responsibility for the following losses, regardless of their origin:

•            Any losses not attributable to any fault on their part;

•            Business losses (including loss of profit, revenue, contracts, anticipated savings, data, goodwill, or unnecessary expenses incurred); or

•            Any other indirect loss that was not reasonably foreseeable by both parties at the time the purchase contract for the products was made.

Similarly, Farocards also limits its liability in the following cases:

•            Farocards takes all measures concerning the faithful representation of the product on the Website. However, it is not responsible for minor differences or inaccuracies that may exist due to screen resolution, browser issues, or other similar factors.