GENERAL CONTRACTING TERMS

1 - Relevant Company Information

CINE TOOLS S.L., a company with registered office in Calle Labrador nº 5, Madrid, with tax identification number B64247125, registered in the Commercial Registry of Madrid, at Volume 35.818, Sheet 11, Section 8, Page number M-643589 (hereinafter, the "COMPANY" or “CINE TOOLS”), owns the Website www.cinetools.es (hereinafter, the "Website"), whose use is subject to the present General Contracting Terms and Conditions (hereinafter, “General Contracting Terms” and the applicable legal texts accessible in the Website

2 - Object

The present conditions are aimed at governing the acquisitions of the products offered in the Website www.cinetools.es, owned by the COMPANY, whose social object is the sale and supply of consumables for cinema, theatre, television, and publicity through Internet. The features of the products appear reflected in the Website.

The User, through the acquisition of the products offered in the Website, declares to know and accepts without reservation, all the General Contracting Terms exposed in this document. Therefore, the Users who purchase products through the Website, fully accept the present conditions and will be bound to them as they were drafted in the moment of contracting.

The COMPANY is entitled to modify, eliminate or remodel any kind of information, service or content included in the Website, without notice. The reading and acceptance of the General Contracting Terms is a mandatory requirement for the purchase of any product through the Website, and the User has to tick the acceptance box.

Through the Website, the Users will have the possibility to access the contents, services and further information concerning the commercial object of the COMPANY. The present Contracting Terms constitute the entire convention between the parts regarding online transactions.

3 - Territory

The COMPANY operates through the Website in the Spanish territory comprised by the Iberic Peninsula and the Balearic Islands. Besides, the COMPANY will process the orders to the following countries of the EU: France, Italy, Belgium, United Kingdom, Holland, Luxembourg, Monaco, Germany, Austria, Denmark, Finland, Ireland, Sweden, Bulgaria, Chech Republic, Slovakia, Slovenia, Estonia, Greece, Hungary, Latvia, Lithuania, Poland, Romania, and Croatia, as well as the following non EU countries: Andorra, Channel (Guernsey and Yersey), Liechtenstein, Norway, San Marino, and Switzerland (hereinafter, the “Territory”). CINE TOOLS will only send and supply the goods in the Territory.

Deliveries to the Canary Islands will be subject to prior consultation of the terms and conditions that the COMPANY specifies. Any consultation regarding the delivery of the products to the Canary Islands will have to be addressed to the following email address: cinetools@cinetools.es

4 - Capacity to contract

In the event the User is a minor or legally incapacitated, the COMPANY warns that the consent by the parents, guardians or legal representatives for the purchase of the products shall be required. Consequently, in this case, please refrain from using the services provided in the Website without the consent by the parents, guardians or legal representatives; otherwise, the COMPANY will not be held responsible for the actions of the minor or of the legally incapacitated.

In this regard, the COMPANY informs that the User must have capacity to contract when acquiring the products offered in the Website. Therefore, the products can be acquired by persons older than 16 years of age with adequate capacity to contract, being applicable to them the present General Contracting Terms.

5 - Content and proceedings of the Website

The information contained in the Website won’t be considered complete or exhaustive due to the wide range of existing products.

The COMPANY manifests that the products offered through the Website usually corresponds with its picture and description. However, the COMPANY is exonerated for those cases where due to technical or human errors some variations or mistakes may exist between the picture, the description and the price. Similarly, CINE TOOLS remarks that the pictures have an indicative character, so variations in the physical aspect of the product may exist, without damaging the integrity and features of the requested product.

6 - Purchase procedure

6.1 - Selection: The User, when accessing the Website, will be able to select the product. All the products that appear in the Website are accompanied by a detailed description, together with its price (VAT included). If the User decides to buy it, he has to choose the option “Add to the basket”.

6.2 - Buying: Once the User has selected the products he wishes to buy, the User has to choose the option “Products in the basket”, where the selected products will appear with their Price (included VAT), as well as the sum corresponding to the delivery expenses. If the User decides to end the purchase, he will have to provide his data in the available form in the Website, or, in case he is already registered, introduce his email and password. If the User is buying for his first time, he will have to fill all the data required with an asterisk (*), among them, the address, form of delivery, and if the User has bought in other occasions, he will just have to fill in the section “Are you inscribed?”

6.3 - Confirmation: Once the User has identified himself, the last steps are the confirmation of the purchase, the acceptance of the General Contracting Terms, and the payment of the products acquired.

When the order is done, the User will receive an email acknowledging receipt of the same, specifying all the details of the order, such as the payment form and the delivery address.

If the User observes a mistake in the indicated address or in any other section of the order, he will have to notify such circumstance to the following email address in order to amend errors: info@cinetools.es

7 - Prices

The prices of the products offered on the Website do not include the corresponding VAT or other applicable taxes, unless expressly stated, and without prejudice to the final determination in the ordering and purchasing process. These prices do not include the shipping costs of the products, which are detailed in the payment process where the User can see the breakdown of the price of the purchased product before finalizing the order.

In this sense, both in the basket overview and in the confirmation of the order, the total amount including taxes and delivery expenses is detailed.

Prices are valid, errors excepted, and can be subject to revision and modification by the COMPANY in any moment without previous notice, respecting the indicated price in the moment of the acquisition. Therefore, the products will be billed at the current price in the moment of the registration of the order by the User.

Based on its commercial policy, the COMPANY can vary the prices due to loyalty reasons, purchase of certain quantity of products as well as other reasons that the COMPANY can stipulate in the due moment. However, the COMPANY will offer these discounts on a free and voluntary basis, to the users it deems appropriate, without the possibility of being requested by the User.

8 - Payment methods

The COMPANY makes available to the User the following payment methods:

• Banking card (debit or credit): The operation is made in the moment of confirming the order. The online payment with credit card is made through the security system "Secure Socket Layer", which codifies the banking data of the User when it is transmitted through Internet. The Website accepts VISA and Mastercard cards.
• PayPal: The User can pay fastly and surely with a Paypal account or with his debit or credit card. PayPal codifies automatically the confidential data with the help of the best technology available in the market.
• Cash on delivery: The User can pay with cash upon delivery of the products ordered within the Territory. To do this, the User must have the exact amount due prepared when the delivery is made.

9 - Safe purchase

The COMPANY uses for all electronic transactions the Secure Socket Layers (SSL), a safety system that ensures that all data sent by the User is safe. It is filed thanks to an encryption technology working with Netscape Navigator (from version 2.0), Microsoft Internet Explorer (from version 3.0) and AOL (from AOL 3.0).

Thanks to this process, it is virtually impossible that a third party without authorisation can access the information sent by the User.

10 - Delivery expenses

When making an order through the Website, delivery expenses will be included and paid by the User. They are variable depending on the Territory chosen by the User, who can decide either having his order sent to the address specified in the moment of ordering, or picking up the order at the nearest UPS Access Point, or either the User can pick it up in the CINE TOOLS store in Madrid or Barcelona, without having to pay delivery expenses, as described in paragraph 11.1 below regarding “Delivery place”.

The User can check the import of the delivery expenses in any moment from the basket before ordering. The User will be informed when the package has arrived at destination by means of an email.

11 - Delivery place and time

11.1 - Delivery place

The COMPANY will deliver the order in perfect condition to the address specified by the User, which has to be in the Territory. With the aim of optimizing the delivery process, the address specified by the User must be an address where the delivery can be processed in the usual working hours.

The delivery of the orders will be carried by the Company United Parcel Service España Ltd y Compañía S.R.C. (hereinafter, “UPS”).

If in the moment of delivery the User is not present in his address, UPS will leave a notice in the address of the User informing of the nearest UPS Access Point where the User may collect his order, or UPS may deliver the order to a neighbour, providing the User with his identification in order to collect the order.

The option of delivery in an UPS Access Point will be available provided that the order has been made in a country of the Territory where this service is available: Spain, Italy, France, United Kingdom, Holland, Germany, Poland, Belgium and Luxembourg. In the event of not being able to deliver the order in the nearest UPS Access Point, the shipping company will leave the order in the User’s neighbour’s house, informing the User of its location.

In the event that the delivery is carried in a country of the Territory which has not enabled the Access Point service, UPS will deliver the order in the address of one of the User’s neighbours, in the event that no neighbour is available, the order will be returned to UPS department stores, and three attempts will be performed in three consecutive days to deliver the User’s order.

Provided that seven (7) calendar days or five (5) business days elapse since the date of notification, and the User has not contacted UPS, the products will be returned to the COMPANY and the User will have to pay for the delivery and returning expenses, as well as with the processing charges.

The delivery of the orders can be made in the following ways:

Delivery to the address indicated by the User in the moment of the order, which will entail the corresponding delivery expenses detailed in the Website during the purchase procedure.

• Pickup from one of the nearest UPS Access Point, which will entail the corresponding delivery expenses detailed in the Website during the purchase procedure.
• Pickup from CINE TOOL’s stores in Madrid (C/Labrador, 5, 28005) and Barcelona (C/Buenaventura Muñoz, 12, 08018). This collection method is exempt from delivery costs.

CINE TOOLS won’t be liable for mistakes caused during the delivery when the address introduced by the User does not correspond with the address of delivery desired by the User.

CINE TOOLS can send the same order in different deliveries on different dates.

11.2 - Delivery time

The COMPANY will inform the User of the delivery time before the ending of the buying process. CINE TOOLS won’t deliver on Saturday, Sunday, and local, regional and national holidays.

The COMPANY will inform the User through an email on the date the order leaves the stock of the COMPANY, and on the contact data of the messenger company hired for the delivery. The delivery of the products within the Iberian Peninsula and Balearic Islands will have a delivery period of 48 hours, being possible to receive the products within 24 hours if the order was submitted before 4 pm of the first day. The rest of the deliveries in the Territory have got a different delivery period attending to the type of product and the location of the User’s address within the Territory. In any event, in a maximum term of 30 days from the date of notification, the products will be delivered in the indicated address, except for exceptional circumstances.

Furthermore, if in the delivery moment, it is clearly visible, without manipulating the packaging material, that a product has defects caused during the transport, or that there is a mistake in the goods, the User will have to specify it in the delivery note and communicate it with the COMPANY through an email addressed to info@cinetools.es in the shortest term possible from the reception of the order and always before 14 working days from that moment, in order to claim for the return of the affected product(s) and substitute it by another one in good condition, or reimbursing the price paid, depending on what is indicated in the email.

12 - Right of withdrawal

The exercise of the right of withdrawal shall not be subject to any formality, meaning that the User may return the purchased products without the need to justify their decision and without incurring any penalties.  

The withdrawal period will expire 14 calendar days from the day the User or a third party authorized by the User, other than the carrier, acquires physical possession of the goods purchased on the Company's Website. If the products comprising the order are delivered separately, the withdrawal period will expire 14 calendar days from the day the User or a third party authorized by the User, other than the carrier, acquires physical possession of the last of the goods comprising the same purchase order.  

If the Company issues a voucher as a credit document for future purchases, it will have a validity of 3 months. However, if the buyer acts for purposes unrelated to their commercial, business, trade, or professional activity, the voucher will not be subject to any expiration period.  

To exercise the right of withdrawal, please direct your request to:  

CINE TOOLS, S.L., N.I.F.: B64247125, located at Calle Áncora, 23, 28045 Madrid, and email: info@cinetools.es.  

Regardless of the means chosen to communicate their decision, the User must clearly and unequivocally express their intention to withdraw from the purchase contract.  

To meet the withdrawal deadline, it is sufficient for the unequivocal withdrawal statement to be sent before the withdrawal period expires. The withdrawal deadline will be deemed met based on the date the withdrawal statement is dispatched.  

To facilitate the return process, CINE TOOLS provides the User with a withdrawal form template available at the following link: [http://www.cinetools.es/modelo-desistimiento.docx](http://www.cinetools.es/modelo-desistimiento.docx).  

To exercise this right, the following requirements must be met:  

- The product must be in the same condition as delivered and must retain the original instructions, documentation, accessories, packaging, and labeling.  

- The return to CINE TOOLS must be made using the same box or envelope used for delivery or, failing that, similar packaging that ensures the products are returned in perfect condition.  

- The return note and purchase invoice must be included inside the package. If the product was received with packaging showing any damage, such as dents, breaks, or tears, this must be noted on the carrier's delivery note.  

If the packaging shows signs of damage, such as dents, breaks, or tears, the buyer should refuse delivery, stating the reason on the carrier's delivery note.  

In the event of withdrawal, the Company will reimburse the User for the payment 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 the Company is informed of the User’s decision to withdraw.  

The Company will refund the payment received using the same payment method employed by the User for the initial transaction. This refund will not incur any additional costs for the User.  

However, the Company may withhold the refund until the returned products 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 the Company using either the same courier/delivery service used for the initial shipment or another service chosen by the User.  

The return must be made without undue delay and, in any case, no later than 14 calendar days from the date the Company was informed of the decision to withdraw. The User will bear the direct costs of returning the purchased products.  

Additionally, the User will be responsible for any decrease in the value of the products resulting from handling other than what is necessary to establish their nature, characteristics, and functioning.  

The right of withdrawal will not apply to purchases involving:  

- Adhesive Tapes, Cleaning and Maintenance, Eyepieces, Paints, Mountings, Disposables, Protective Items, Office Supplies, Batteries, Effects, Lighting Materials, Diffusion Sheets, Filters and Gels, Lamps, and Gobos.  

- Products made to the User's specifications or clearly personalized.  

- Other goods that may deteriorate or expire quickly.  

- Sealed products that are unsuitable for return due to health or hygiene reasons and that have been unsealed after delivery.  

- Goods that, after delivery and due to their nature, have been inseparably mixed with other items.  

In any case, no refund will be made if the product has been used beyond mere opening of the packaging, is not in the same condition as delivered, or has suffered damage after delivery.  

CINE TOOLS will verify the condition of the returned product at its warehouse and reserves the right not to issue a refund if it determines that the purchased and returned product do not match, or if the return does not comply with these General Terms and Conditions of Sale.  

Partial returns of an order will result in partial refunds of the product price and corresponding shipping costs. Shipping costs will be refunded proportionally to the value of the returned product.  

The Company will process the refund of the price and shipping costs using the same payment method used by the User for the purchase, within a maximum period of 14 calendar days from the User’s notification of withdrawal.  

The timing for the refund to be credited to the User’s account or card will depend on the card and issuing bank. The refund period may take up to seven (7) calendar days for debit cards and up to thirty (30) calendar days for credit cards.  

13 - Guarantees

In case of defective product, the COMPANY, as appropriate, will proceed to, its repair, substitution, reduction of the price or resolution of the contract, free of charge for the User.

The COMPANY will respond for the lack of conformity which may arise in the product in a term of two (2) years since the delivery. Unless there is evidence to the contrary, the lack of conformity arisen in the six (6) months after the delivery of the product, will be presumed to exist also in the moment of delivery, except for when the presumption is incompatible with the nature of the product. Furthermore, unless there is evidence to the contrary, the delivery is presumed to be made on the day stipulated on the bill or acquisition ticket, or in the delivery note if it is subsequent.

The COMPANY is forced to deliver justification documents of the delivery of the product, showing the date of delivery and the lack of conformity, to Users who enforce their right of withdrawal.

Together with the repaired or substituted product, the COMPANY will give the User the justification documents of the delivery which shows its date and the repair, if it may be the case.

The action of the User to claim for the fulfilment of this section regarding the right to repair and substitution will prescribe three (3) years after the delivery of the product. Additionally, the User must inform the COMPANY on the lack of conformity in the term of 2 months since its knowledge, according to the applicable legislation. The infringement of that term won’t mean the loss of the right to obtain the repair, but the User will be responsible for the damages effectively occasioned by the delay in the communication.

14 - Disclaimer

Without prejudice of the applicable law and the rest of the clauses of the present General Contracting Terms, the liability of CINE TOOLS in relation with the products acquired through the Website is limited to their price.

The COMPANY does not assume liability from the following, although the list is not exhaustive:

• From how the Users use the materials of the Website or linked webs, infringing the industrial and/or intellectual property rights of the Web’s or third parties’ content, although that behaviour is permitted.
• From the eventual damages caused to the Users as a consequence of the normal or abnormal functioning of the search tools, from the organisation or location of the content and/or access to the Website and, in general, from the mistakes or problems created during the development or instrumentalization of the technical elements that the Website or a programme facilitates to the User.
• From the content of those webs that the User can accede to from links included in the Website, both authorised or not.
• From the actions and omissions of third parties, independently that those third parties have a contractual relation with the COMPANY
• From the access of Users of minor age to the content of the Website, being the responsibility of the parents or legal tutors to control adequately the activity of the minor under their charge or to install any tool to control the use of Internet in order to avoid the access to materials or content not suitable for minors, as well as from the delivery of personal data without the authorisation of the parents or tutors.
• From the mistakes and delays in the access to the Website by the User when introducing his data in the form of the order, the slowness or impossibility to receive the confirmation of the order or any other abnormality that may arise when these incidences are due to problems in the Internet, as a consequence of an exceptional cause and any other unforeseeable contingency out of the good faith of the COMPANY.
• From the mistakes and incidences that may arise in communications, erasure or incomplete transmissions, as the COMPANY cannot ensure that the Website will always be operating.
• From the mistakes and damages caused to the Website by an inefficient use and in bad faith by the User.
• From the non-operativity or problems in the email address provided by the User to confirm the order.

To the extent possible, the COMPANY commits to solve the problems that may arise and to offer the necessary support to the User in order to come to a fast and satisfactory solution of the incidences.

15 - Modifications

The COMPANY reserves the right to modify at its own discretion, in any moment, the configuration and presentation of the Website, as well as of the General Contracting Terms and all other legal texts accessible through the Website. The Users will have access to the General Contracting Terms in the Website, and will have to read them carefully when entering the Website. In any event, the acceptation of the applicable General Contracting Terms will be a prior and indispensable step to contract any product available in the Website, so the modifications that the COMPANY may introduce won’t be applicable if the User has not accepted them.

Furthermore, during well defined time lapses, the COMPANY has the right to promote the registration of new members. The COMPANY reserves the right (complying with the applicable law) to modify the conditions of the promotions, to extend them after communicating them, or to exclude any of the participants of the promotion in case of detection of an abnormality, abuse or unethical behaviour in the participation (like massive purchasing, commercial activities, frauds, etc.)

16 - Intellectual Property

The User admits to and accepts that the elements and rights of intellectual and industrial property or others (including but not limited to copyright, patents, trademarks, designs, pictures, images and source codes) accessible to him and related to the Website belong exclusively to the COMPANY.

The User cannot copy, modify, alter, publish, communicate, distribute, sell or transfer the materials of the Website or the content downloaded, directly or indirectly, totally or partly, without authorisation of the COMPANY.

17 - Data Protection

The COMPANY is fully aware of the use and treatment that personal data can be subject to, and complying with the applicable law, it disposes of a system to preserve the security, integrity and confidentiality of the User’s personal data.

In addition to the fulfillment of the requirements established in the Regulation (EU) 2016/679 of April 27, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and other legal regulation applicable regarding personal data protection, it is ensured a legal and loyal use of the personal data, as well as a system to enforce the rights of rectification, cancelation and opposition stated in the law. The COMPANY makes available to the Users clear and comprehensive information about the Privacy and Cookies Policy, which can be consulted through the following link: https://www.cinetools.es/en/content/18-politica-de-privacidad-y-cookies.

18 - Cookies

The access to the Website implies the use of Cookies. The COMPANY makes available to the User clear and comprehensive information about the use of Cookies, which can be consulted through the following link: https://www.cinetools.es/en/content/18-politica-de-privacidad-y-cookies.

19 - Jurisdiction and applicable law

The terms and conditions governing this Website and the relations derived from the use and/or registration in the same are governed by the Spanish Law.

Any controversy arising from the access or using of the Website and/or its services is submitted to the Spanish Courts and Judges under the applicable Law in each moment.

Without prejudice to the above, the User, if a natural person, shall be able to choose an out-of-court procedure through the on line platform for alternative disputes resolution, available at https://ec.europa.eu/consumers/odr.

20 - Information and consultations

For any information that the User requests on his order regarding the characteristics of the products and services provided by the COMPANY, as well as to inform the COMPANY of any incidence or claim, the User will just have to send an email to the following e-mail address: info@cinetools.es, and the COMPANY will contact the User as soon as possible.