Conditions

CONDITIONS OF USE AND GENERAL TERMS AND CONDITIONS OF BUSINESS

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. Identification Data

    The service provider of the website is Camalize SL (hereinafter “Camaloon”) with intracommunity tax ID ESB65660656 with registered offices in Carrer Àlaba 61, 5-2, 08005 Barcelona, Spain. Registered in the Barcelona Register of Companies: Volume 42856, Page 96, Sheet B 415963.

  2. Description of service

    Camaloon provides a series of Internet services to its users and customers. One of said services is that of offering personalized items such as badges, magnets, stickers, decorative vinyls, skins, T-shirts and mirrors. Camaloon website users may acquire products for their own use or for selling them 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. Licence to use Camaloon website and service.

      Camaloon offers a limited and revocable licence to access and use its website and its services in accordance with its General Terms and Conditions of Use. This licence does not include the right to collect or use information on the website for purposes forbidden by Camaloon, to compete with Camaloon, to create graphics based on the contents of Camaloon, or to save a copy of the website.

  4. General rules

    1. Forbidden use

      You may not attempt to cause any damage to the Camaloon website or service. For example, and without this being a complete and exhaustive list, you may not:

      1. a) Obstruct Camaloon service using a virus or other programs designed to cause damage to any software or hardware.

        b) Change or create any technology used on the Camaloon website.

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

        d) Collect emails or other information via the Camaloon service.

        e) Pass yourself off as another person or entity.

    2. Privacy and protection of personal data

      At Camaloon we are especially concerned about security and guaranteeing the confidentiality of data provided by our customers. We undertake to provide you with the best service and the best on-line experience.

      As soon as a customer places an order via our secure server, their personal details, address and details relating to their purchases and methods of payment, are included in a file on our database in order to process the order. Under no circumstances will personal information be transmitted or sold by Camaloon

      Data Protection Act

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

      1. The entity responsible for this file is Camalize SL with Tax Identification Code ESB65660656 and registered offices in c/Àlaba, 61. 5-2, 08005 Barcelona, Spain.

      2. Camalize SL guarantees the confidentiality of all the data provided by its customers. In addition to the minimums established by law, data collection and treatment is carried out implementing security levels preventing data loss or handling.

      3. In accordance with current legislation, all Camaloon customers have rights of access, rectification, cancellation and opposition of their data. Furthermore, at any time, the customer may express his desire NOT to receive any type of advertising. To exercise these rights, customers can contact by surface mail this address: Camaloon – Dep. Customer Service c/Àlaba, 61. 5-2, 08005 Barcelona, Spain attaching a photo copy of their National Identity Card or send an email to info@camaloon.com

      For best provision of its services, Camalize SL is obliged to provide certain data about its customers (name, address, telephone, etc.) to other companies that collaborate in the provision of services (hauliers, etc.). In any event, the data provided are strictly necessary for the specific activity to be undertaken.

    3. Purchase Conditions

      At Camaloon we are particularly concerned about security and guaranteeing the confidentiality of data provided by our customers. We undertake to provide the best service and best on-line experience.

      1. Sales system

        To make a purchase, you must send us your order by the Internet via the purchase process enabled to that end. Please check the simple purchasing guide.

      2. Applicable taxes

        The prices of products shown on the Camaloon website under the category of products “Create”, does not include VAT, a breakdown of this Value Added Tax (VAT) as well as shipping costs will be provided during the purchase process on the payment Gateway of the Camaloon website. In relation to products under the heading “Artists' works”, these already include Value Added Tax (VAT) and in the final invoice on the payment gateway you will be able to calculate the shipping costs as well as the amount of VAT. In any event, on the Camaloon payment Gateway there will always be a breakdown of all the amounts prior to acceptance of the purchase.

        Tax law applies depending on the destination country for the goods and the Customer's tax rate and residence. If you are in any doubt about VAT exemption, please contact us directly on info@camaloon.com

      3. Method of payment

        On placing an order, the customer will pay the amount by means of a credit card or bank transfer. Only in this way will it be passed on to production. In certain cases and to prevent possible fraud, Camaloon reserves the right to request customers to use a specific method of payment.

      4. Delivery method, costs and deadline

        Camaloon ships its orders to customers resident in the Iberian Peninsula, Balearic Islands, Canary Islands, Ceuta and Melilla via different hauliers. Delivery costs are calculated automatically when a quote or order is placed and are calculated based on weight and destination of the order. Consult our delivery information page to obtain detailed information on delivery time per country.

        Delivery times vary depending on quantity ordered and countries were the shipment must be made. Please consult the Production Timelines page for the expected production times. It is possible that for one reason or another, an order may suffer certain delays in production, due to stock shortages, prior customer confirmation, etc. In any case Camaloon.com shall deliver the products at the shipping address indicated by the customer in the shortest possible time according to the production timelines and shipment time and in any case, always within thirty (30) calendar days from the date on which the order was made.

        Shipment deadlines may vary due to extraordinary incidents affecting the haulier and difficulties in delivery of the goods. Camaloon does not take any responsibility for delays caused by the transport agency, but it does undertake to replace any order that has been damaged or lost by said agency within a reasonable period of time.

  5. Order changes, cancellation and returns

    The user may change or add a new design, change the delivery or invoice address or cancel the order, provided that the order has not entered the production process.

    To do so, the user must send an email to ayuda@camaloon.com attaching the order reference number and Camaloon will report on the state of their order and whether it can be changed or cancelled.

    Likewise the user will have fourteen (14) days to withdraw his purchase and return the product from the time they receive the order. To do so an email must be sent to help@camaloon.com requesting return of the order.

    For personalised products no changes or returns will be accepted.

    In order to make any change or return of any product, the user must return the product in perfect condition without having begun using it. Shipment costs for returns are at the customer's expense and must be handled by them.

    Once the material has been returned and its condition checked, the amount paid for the product will be returned together with initial basic delivery costs (standard delivery). If the return is due to an error on the part of Camaloon, the delivery costs of returning the product will be at their expense, otherwise the user must pay the return delivery costs.

    Camaloon will reimburse return costs within 14 days after effective receipt of the product to be returned and via the same purchase method used by the purchaser.

  6. Intellectual property

    Camaloon reserves all ownership of intellectual and industrial property rights on the website, that is, including but not limited to: texts, images, graphic design, brands, navigation structure, information and content. Camaloon has exclusive exploitation rights over these in any form and, especially, reproduction, distribution, public communication and adaptation rights, in accordance with Spanish intellectual and industrial property rights. The Camaloon website may also contain texts, images, graphic designs or brands owned by third parties for which each one of the owners will have the exclusive exercise of the exploitation rights for these in some form. All those identified as such shall be deemed third-party content. If in doubt or if you notice illicit content, we request you let us know by writing to us at info@camaloon.com. If any kind of infringement becomes known, the contents will be immediately removed.

    These general conditions do not govern the supply of services or sale of products by third parties who use direct links to the Camaloon website via banners or other hypertext links. Before sending orders or purchasing products and services from these third parties, we recommend you check the general terms and conditions of sale and use of said third party since Camaloon cannot be considered in any way responsible for the supply of services made by third parties or for the implementation of e-commerce transactions by users and third parties.

    Intellectual Property for user images

    In the event that a user would personalize a product of the Camaloon website, with an image suggested by the user and not included in the Camaloon catalogue of images, the user guarantees that they have all the Intellectual and Industrial Property rights as well as any right of image or privacy concerning legal persons who might exist, needed for the exploitation of the image in the form and way needed to obtain the personalized product they desire. In turn, the user grants Camaloon, via the personalization service “CREATE” on the Camaloon website, a limited licence to reproduce, communicate, distribute and adapt the image suggested by the user on the personalized product or products ordered by the user. Once the product has been made and sent to the user's address, said licence will be rescinded.
    The user absolves Camaloon from any responsibility for claims by third parties arising from the illegitimate or criminal use of images subject to Intellectual or Industrial Property rights or rights of image or privacy of legal persons on personalized products via the Camaloon website.

  7. Rights of Camaloon.com

    1. Monitoring

      Camaloon reserves the right to modify the distribution, organisation and appearance of its website and the services it offers, and may change or suspend any aspect of its services and/or prices without prior notice and without any liability on the part of either party.

    2. Modifications of service

      Camaloon.com reserves the right to modify the distribution, organization, and appearance of the site and the services offered, and can change or suspend its services and/or prices without advance notice and without further obligation.

    3. Cancellation of contract

      Camaloon, at its own discretion and with or without warning, may:

      1. Suspend or limit the use of Camaloon by a specific user, as well as completely close an account.

      2. Remove any content it deems fit from Camaloon servers and directories

      3. Prohibit the use of Camaloon services

    4. Communication sent by users

      Camaloon reserves the right to use the material and communications sent by users in: questions, comments, forums, ideas and competitions; for marketing or other promotional activities, without these communications being deemed confidential and always respecting user's personal data

  8. Link policy

    Camaloon will not be held liable for those other websites or files to which it is possible to access through links available in its content, since said linked pages are the responsibility of their respective owners. Camaloon, therefore, neither approves, nor takes ownership of the products, services, content, information, data, files and any other kind of material on said web pages or files and does not control or take liability for the quality, legality, reliability and usefulness of the information, content and services on the linked sites and which are outside this page. In the event that it is deemed convenient or a competent body declares the illegality of the data, ordering its withdrawal or make access to it impossible, or the existence of an injury had been declared, and we had been expressly notified of the corresponding resolution, the links indicated would be immediately removed.

  9. Limitation of liability

    Camaloon does not accept any liability for damages of any kind that may be attributed to the lack of availability or continuity of the Camaloon website.

  10. Applicable legislation and competent jurisdiction

    These General Terms and Conditions are governed by Spanish law.

    If the purchase of products is made by an Individual, for the settlement of possible disputes, the parties undertake to subject themselves, by choice, and waiving any other jurisdiction that may be applicable, to courts and tribunals with jurisdiction over the customer.

    If the purchase of products is made by a Company, the parties undertake to subject themselves, by choice, and waiving any other jurisdiction that may be applicable, to courts and tribunals with jurisdiction over Camaloon.

Discover License Agreement

By accepting the following License Agreement, 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, wall decals, mirrors, skins, covers, stickers, clothing and others of your election), agree to the following terms and conditions (“License Agreement”):

  1. Background

    1. The Designer and the Licensee

      1 - The DESIGNER 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 DESIGNER 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 DESIGNER 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 DESIGNER 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 DESIGNER 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 DESIGNER the moral and patrimonial rights to use the DESIGN for any other purpose. 3 - The DESIGNER submits each DESIGN he/she wishes to publish to the LICENSEE at the time of accepting the present agreement. 4 - The DESIGNER 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 DESIGNER declares that the DESIGN does not harm any rights of third parties. The DESIGNER, 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 DESIGNER or the pseudonym of the DESIGNER 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 DESIGNER 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 DESIGNER 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 DESIGNER'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 DESIGNERS account if the amount totals 50 or more Euros. In any case, the money earned will be available in the DESIGNER'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 DESIGNER via PayPal. The DESIGNER 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 DESIGNER. Before the payment is made, an invoice will be generated in the name of the DESIGNER 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 DESIGNER's DESIGN. The DESIGNER accepts that his/her DESIGN may be used for marketing campaigns and actions with promotional purpose. 8 - The DESIGNER 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 DESIGNER. The agreement of the DESIGNER shall not be necessary if this occurs with the dissolution or managing changes (fusion, partial or total split-off, global asset or passive transfer o 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).