Terms and Conditions

Your Acceptance

By using and/or visiting www.wallspot.com or any other website or landing page owned by Wallspot, you acknowledge that you have read, understood and assent to these Terms and Condictions of the present document.

The use of our website is subjected to the present Terms and Conditions and Privacy Policy. Please read these content carefully due the use of the site indicates your acceptance of them.

Privacy

We at Wallspot respect the privacy of our users, for this reason we encourage you to read our Privacy Policy which describes our data collection, use and sharing practices associated with the site.

Purchase of Products

If you make a purchase on our site, your purchase is also governed by and subject to our Terms of Sale. Please review our Terms of Sale prior to placing an order on the Site.

To make a purchase on the site, you need to have an account with us and activated.

Electronic Communications

When you use the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. It is possible that we might contact you via e-mail, published news wherever in our site or through your customer account.

You acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Changes to these Terms and Conditions

Wallspot may make changes to these Terms of Use at any time. In case we change Terms and Conditiones due to required by applicable law, we will obtain your consent. We may inform you via email or customer account about the mentioned changes so you can reassure your consent and acceptance of the Terms and Conditions changes. By continuing to use the site after such notice, you are bound by these Terms and Conditions as modified.

Reservation of Rights

We reserve the right at any time, in our sole discretion, with or without notice, and without liability to you or other users, to: a) modify, suspend, remove or terminate the Site or any portion thereof; b) restrict, limit, suspend or terminate any user’s access to the site or any portion thereof; c) monitor any user’s activities on the site to verify and ensure that user’s compliance with these Terms and Condictions and any applicable law; and e) investigate any suspected or alleged violation of these Terms and Conditions or any applicable law and cooperate with authorities in such investigation.

Accounts and Passwords

By creating an account on the site, you warrant that all registration information you submit to us is your own information and is truthful and accurate. It is your responsibility to notify us of any changes in your account information, including your contact information. As an account holder, you are responsible for safeguarding your account access information and are responsible for all use of your username and/or password and must keep these details secure. If you allow others to use your account, you are responsible for all their activities on your account.

Intellectual Property Rights

The content on our website including without limitation, all text, graphics, images, photos, computer code, software, scripts, multimedia files, trademarks and logos (the content) are owned by Wallspot and/or its collaborators. Each of them are property, in some cases, of third-parties who are the absolute holders of the copyrights of their own brands and are protected by intellectual property rights or any other applicable law under mexican and foreign laws and international conventions. In the case of intellectual and industrial property of Wallspot’s content, it is protected by mexican laws of intellectual property. For any use of any content from the different brands, you must inquire their terms of use from each one of them, we won’t be responsible of any use you might give and you accept you are the only responsible of its use. Content on the website may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of Wallspot or as expressly provided herein. For these purposes send us an e-mail to [email protected].

Rules of Conduct

We do not permit or tolerate any illegal, abusive, harmful or improper use of the site. We specifically prohibit the following:

• Using the site or any Wallspot content other than for your own personal, non-commercial use only.
• Using the ite in any manner or for any purpose that is illegal or unlawful, including engaging in any activity that violates any right of any person.
• Impersonating another person, falsifying account information, or making unauthorized use of another person’s information.
• Creating (or attempting to create) multiple accounts on the site (including using proxy IP addresses or falsified/fake identities to hide the use of multiple accounts) for the purpose of disrupting the site or other users.
• Using any automated program, tool or process (including, without limitation, web crawlers, robots, bots, spiders, and automated scripts) to access the site or any server, network or system associated with the site, or to extract, collect, harvest or gather content or information from the site.
• >Interfering in any way with the operation of the site or any server, network or system associated with the site, including, without limitation, hacking, mail-bombing, flooding, overloading, or making “denial of service” attacks; probing, scanning or testing the vulnerability of the site or any server, network or system associated with the site; breaching or circumventing firewall, encryption, security or authentication routines; accessing, using or retrieving data not intended for you, or accessing another user’s account without permission.
• Creating works or materials (including, without limitation, fonts, icons, link buttons, wallpapers, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards, and other merchandise or digital goods) that derive from or are based on any Wallspot content, regardless of whether such derivative works or materials are sold, bartered or given away.
• Either directly or through the use of any device, software, internet site, web-based service or other means, removing, altering, bypassing, circumventing, avoiding, or interfering with any copyright, trademark, or other proprietary notice contained on the site or in any Wallspot content, or any digital rights management mechanism, device, or other content protection, copy control, or access control measure associated with the site or any Wallspot content, including geo-filtering mechanisms.
• Creating works or materials (including, without limitation, fonts, icons, link buttons, wallpapers, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards, and other merchandise or digital goods) that derive from or are based on any Wallspot content, regardless of whether such derivative works or materials are sold, bartered or given away.
• Framing or otherwise creating a browser or border environment around any site page or any Wallspot content, or deep-linking to any Wallspot content or any internal page of the site.
• Using the Wallspot name, mark or logo or any other name, mark or logo of Wallspot in any manner (including as meta tags or ad keywords), except as necessary to make reference to Wallspot in a truthful and non-misleading and purely descriptive and nominative manner.
• Submitting, uploading, posting or transmitting any user content that is: unlawful, threatening, harassing, abusive, obscene, vulgar, sexually explicit, pornographic or inclusive of nudity, offensive, excessively violent, invasive of another’s privacy, publicity, tortious, false or misleading, defamatory, libelous, hateful or discriminatory.
• Engaging in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network.
• Sending or causing others to send directly or indirectly unsolicited bulk messages or other unsolicited bulk communications of any kind.
• Soliciting, collecting or requesting personal information from others for commercial or unlawful purposes.
• Submitting, uploading, posting or transmitting an image or video of another person without that person’s consent.
• Engaging in commercial activity, including, without limitation, advertisements or solicitations of business, purchase, or participation in any game or promotion.

Wallspot Content

As used herein, Wallspot content means any and all contents and materials provided on the site by Wallspot and/or its collaborators, including text, editorials, blogs, artwork, graphics, images, photos, videos, audios, music, advertisements, product descriptions, marks, logos, slogans, links, software, downloadable apps, social media plug-ins, user interfaces, layout and look and feel designs, search engines, tools, templates, forms, indexes and directories.

All Wallspot content belongs to Wallspot and/or its collaborators and are protected by copyright, trademark and other intellectual property laws. For obtain permission to use our content, as long as it is for your own personal and no-commercial use, such as obtaing information about products and/or put a product order of the site, you should contact us and ask for a written permission, also you must always reference our site.

User Content

As used herein, user content means any content or material submitted by users to the site, including, user reviews and comments, user idea submissions, and user-submitted text, photos, images, artwork, clips, etc., but specifically excluding any Wallspot content.

By submitting user content to the site whether your submission is solicited or unsolicited, you agree to all of the following:

• To submit user content to the site, you must be at least 18 years of age and a registered user of the Site.
• By submitting user content to the site, you warrant that: a) your submission is voluntary and consensual and is made without any condition or reservation of rights, including, without limitation, any condition of payment or confidentiality; b) your submission does not contain any confidential information and may be seen by others; c) your submitted user content contains no material that infringes upon any third-party right or violates any applicable law.
• By submitting user content to the site, you grant to Wallspot and its collaborators a non-exclusive, irrevocable, worldwide, perpetual, fully paid up and royalty-free, freely sublicensable, freely assignable and transferable, unlimited and unrestricted license to use, copy, reproduce, store, archive, modify, adapt, translate, publicly perform, publicly display, exhibit, broadcast, stream, publish, distribute, and otherwise exploit your submitted user content, including your name, voice, likeness, performance, life stories, and biographical information contained in such user content, as well as any and all ideas, concepts, facts, information, stories, know-how, and techniques embodied in your submitted user content, in any and all formats and media now known or hereafter devised (including, without limitation, television, radio, theatrical, Internet, mobile, digital, electronic, and print media) and for any and all commercial and non-commercial purposes (including, without limitation, entertainment content development, production, broadcast, distribution, advertising, promotion, publicity, social media campaigns, merchandising, publishing, education, and charity). The aforementioned license will continue and remain in full force and effect even if you subsequently terminate or cancel your account on the Site or delete the submitted user content from your account.
• By submitting user content to our site, you acknowledge and agree that: a) Wallspot and its collaborators are under no obligation whatsoever to use your submitted user content for any purpose or in any manner, and any decision of use or non-use is entirely and solely at the discretion of Wallspot and its collaborators; b) if Wallspot and/or its collaborators decide to make any use of your submitted user content, Wallspot and its collaborators will have no obligation or liability to you whatsoever, and you will have no right or claim to any compensation, payment, credit, attribution, notice, approval or inspection of any kind whatsoever with respect to any such use; c) other persons, including, without limitation, employees and contractors of Wallspot and/or its collaborators, may have independently developed, or may hereafter independently develop content or material that is identical or similar to your submitted user content, and content or material that is identical or similar to your submitted user content may have already been, or may hereafter be, in the public domain; d) your submission is not returnable and may be retained indefinitely by Wallspot and its collaborators.
• By submitting user content to the site, you further acknowledge and agree that any idea, concept, suggestion, design, drawing, image or artwork for a prospective product name, mark, logo, slogan, domain name, etc., Wallspot and its collaborators will be free (with no obligation) to adopt, use, license, and register such name, mark, logo, slogan, domain name, etc. (including any variation thereof) for and in connection with their businesses throughout national and the world in perpetuity, and will have sole ownership of all statutory and common law trademark rights and all associated goodwill resulting from such adoption, use, licensing and registration.
• By submitting user content to the site, you release and forever discharge Wallspot and its collaborators from any and all claims and damages based upon or relating to your submitted user content, including without limitation, claims and damages for copyright infringement, trademark infringement, invasion of privacy, violation of the right of publicity, defamation, libel, false light, unfair competition, unjust enrichment, idea theft, idea misappropriation, breach of implied contract, breach of fiduciary duty, and/or breach of confidence or trust.
• Your submission is subject to such additional rules and guidelines as may be prescribed by Wallspot.

Our right to remove User Content

Wallspot reserves the right at any time, but with no obligation, to remove, take down, block, disable or deny access to any user content that, in our sole judgment, violates these Terms and Conditions or any applicable law, or may expose or subject Wallspot to liability of any kind, or may adversely affect the reputation or goodwill of Wallspot.

Wallspot assumes no responsibility for monitoring the site for inappropriate user content or conduct. If at any time Wallspot chooses in its sole discretion to monitor the site, Wallspot nonetheless assumes no responsibility for user content, assumes no obligation to modify or remove any inappropriate user content, and no responsibility for the conduct of any user.

Outbound Links

The site may include links (including through advertisements displayed) to websites, products and services owned or operated by third parties. Such links do not constitute or imply Wallspot’s approval, sponsorship or endorsement of any of them. Wallspot is not responsible for and makes no representations or warranties, express or implied, regarding any website, products or services from third parties. You access and use a website, products or services from third parties solely at your own risk. When you access and use a website, products or services from third parties, you are subject to that third party’s terms and conditions of use. Any rights, claims or actions you may have in respect of a website, products or services from third parties can only be brought directly against the owner or operator of the website, products or services from third parties. Wallspot may receive linking/referral fees, commissions, and/or other payments from the owner or operator of a website, products or services from third parties, and you will have no right or claim whatsoever with respect to such fees, commissions, and payments.

Linking to our Website

You may link to the Site, but subject to the following conditions:

• Your link must be a text-only link.
• You do not frame or otherwise create a browser or border environment around any page of the site or any Wallspot content.
• You do not deep-link to any Wallspot content or any internal page of the site.
• You do not link to any live stream or live streaming event on the site (except with our express prior written consent).
• You do not use any Wallspot logo or design mark in or as your link.
• You do not link to the site from any pornographic or sexually oriented website.
• You do not misrepresent or falsely suggest that your website, content, product or service is sponsored, endorsed or approved by a collaborator associated with Wallspot or Wallspot itself.
• You do not publish false, misleading or inaccurate information about, or otherwise disparage, Wallspot or any Wallspot content.
• Wallspot is under no obligation to support your link.

Cookies

Cookies are small text or data files which are storaged in a computer or mobile device when an user visits our site and we’ll use them to adapt the site and products according to your interests and needs. Thanks to the cookies, we are able to recognize the user and remember important information that will improve the navigation and experience on our site. Also, we collect statistical data to understand how a user uses our site and improve it. For this reason, we might use different types of own and third-parties cookies, they might be technical cookies (login, load balancing, user identification, security, etc.) or customization cookies (language, localization, mobile, reference website, recent visits and activities, most viewed video, flash cookies, visit history, etc.) or plug-in social tracking (Facebook, Twitter, Instagram, Pinterest, YouTube, etc.) or analytics (Google Analytics, Adobe Omniture, etc.) or advertising (ads, marketing, campaign or promotion, fraud detection, etc.) and with a variable life-time and in our sole discretion.

Ability to accept Terms and Conditions

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this document, and to abide by and comply with these Terms and Conditions. Wallspot is not intended for children under 13. If You are under 13 years of age, then please do not use the Wallspot website.

Assignment

You acknowledge and agree that Wallspot may at any time, without giving you notice or seeking your consent, transfer and assign all personal information, user content and associated rights and licenses that Wallspot has obtained from you as well as all agreements Wallspot has made with you in connection with your use of the site, to an affiliate or a third party which acquires or merges with Wallspot or to which Wallspot or sells or otherwise transfers its business or assets (including the site).

Intellectual Property

The Wallspot website is owned by Andres Maciel Salas. No portion of the website may be copied, reproduced, displayed, transmitted, or otherwise used for any purpose without the prior written permission of Wallspot.

Violations of these Terms and Conditions

Please report any violations of the Terms and Contitions expressed herein to the e-mail [email protected] and write down the reasons why the Terms and Conditions are being violated.

Terms of Sale

Product Information

We aim to display our product information on the site as accurately as possible. However, because actual colors you see depend on your monitor or device, we cannot guarantee your monitor's or device’s display of any color will accurately reflect actual product color or finish. Also, information displayed on the site may contain typographical or other human errors and may not be 100% complete or current despite our efforts. Accordingly, we cannot guarantee any product image or description will be accurate in all respects, however, we’ll look forward to review our wide catalog and compare it periodically with the information provided by our suppliers.

In addition, you must consider that our products are manufactured once your order is approved, so the colour tones may vary slightly from the images published at our website. For this reason, we suggest to make a single order and preferably order an extra roll in case you might have any inconvenient when installing the wall cover, or when you make any repair or modification in the near future to any wall where you installed your product.

Delivery Time

Due to our products are imported and manufactured once the order is approved, most of them have an estimate delivery time of 1 week for 3D panels, and between 4 to 5 weeks for wall covers and murals. In some cases there’s a posibility they might be retained longer at customs, but you don’t have to worry, you’ll be able to track your order from your customer account with the tracking code we will provide you.

Shipping

Upon placement of order, you’ll have to check the confirmation e-mail we sent you to ensure the address you provided is correct. If there is an error, please contact us immediately so we can make the neccesary modifications. Once the package is shipped, you must consider that some extra charges may apply for modifications in the shipping address when the order is in transit.

All our orders are sent by trustful carriers such as Fedex or DHL and we will always provide you a tracking number.

When the package has been sent, the handle of it is made by the carrier, and in these cases we cannot be responsible for any error or delay caused by them.

We’ll always look forward to give the best customer service you deserve. In case of any inconvenience we’ll try to reach you by phone or e-mail you provide.

Customs and Taxes

All our prices include custom costs and taxes. In some cases there might exist additional local taxes and duties on arrival, these are the responsibility of the customer. However we’ll try to notify about those situations through our website, e-mail or by phone call.

Changes

We package all our products very carefully so they arrive in perfect shape to your address, however, in case of any unfortunate event that your order arrives with damages or incomplete, you must notify us in the next 5 days after you received the order. Remember that as sooner we hear from your damaged package, the more chances we have to solve this issue and replace your product. We’ll require proofs of the damage or incomplete products (photos of the package and products in all possible angles) explaining what’s wrong with each one of them.

Once your package is received by us and inspected, we’ll procceed to change your product and notify you the new arrival date and tracking number. Any costs of this change will be on us.

Returns

Due to our products are imported, we’ll not be able to receive any return because of “change of mind”. Returned packages with used rolls, remains of glue, cuts, careless dirt or that are not reusable for fraude or negligence, will not be subject to return.

We only offer returns in case that the product has arrived damaged (e.g. ripped or discolored) or with manufacturing defects (e.g. different color tone, wrong print of the wall cover or wrong measures that are not specified at our catalog). The reimbursement will be applied to your credit/debit card or account from where you made the purchase, or with a credit slip in our website so you can buy any other product you like.

NOTE: In cases of manufacturing defect returns, we consider as colour tone difference when the published colour is diferent, e.g. when the wall cover is red instead of blue. On the other hand, if the published colour is light blue and the tone is slightly lighter or darker, we consider it as “similar colour”, in this case the manufacturing defect return policy does not apply.

These cases are not very common but they might occur, which is why you should have in mind these considerations.

When a return is applicable, all return costs are covered by us, however, when you return the damaged package is important to pack it as best as you can and deliver it at the shipper we assign you with the provided tracking number. We won’t be responsible for lost package due to bad packaging, address mistakes or additional damages to the orders.

What happen if I don't like my order once I have it in front?

We try to publish at our website the most similar images that reflects the reality. These images are provided by the manufacturer and we will always try to make you happy with our products, however, you should consider that sometimes the colour tone might be slightly different amidst lots and be similar to the published ones, for this reason, we suggest you to always have two or three additional options as we can’t make changes or returns in these cases (for more details, please read our Changes and Returns policies). Anyhow, you’ll be able to contact us to help you choose your products or finish your purchase if you have any questions related to your desired designs.

On Sale Products

These products are final sale so returns or changes are not applicable.

Payments

We accept online payments from Visa, Mastercard, American Express and bank transfer. When you place an order in our site, you agreed that: a) the information provided is liable and accurate, b) the credit/debit card or PayPal account you use to place the order has the sufficient funds to complete your full purchase (including tax duties and/or shipping), c)the credit/debit card is active and has not expired or been cancelled, d) you are the card or account holder (or authorized user) you use to pay for your order, e) you authorize the full payment of your order to be charged to the designated card or account.

All purchases you make on our site might be handled by PayPal.

If you pay by bank transfer, it may take up to 72 working hours once you made the transaction, so you have to wait for our payment confirmation and order approval. If we don’t receive your payment, your order may be cancelled in our sole discretion.

For any problems related to money retention, payment declination, unrecognized charges, etc., please contact directly to PayPal or your bank institution, due we don’t have any control or handling directly the payments.

In case of refund, we’ll return the full amount to the PayPal account, credit/debit card or bank transfer account you used to pay the order. In some cases there might be additional fees or charges by your bank institution, in this cases please contact directly to them due we always refund the full amount, but we are not responsible of the mentioned fees or charges that may apply.

Secure Purchase

We are commited with your payment security, so the information you send to us will be secure and in order to avoid unauthorized access we have implemented security processes for safeguard that information.

Our website assures your private information by using an SSL certificate.

General

You must be at least 18 years old to make a purchase in our website.

We reserve the rights to decline or cancel any order for any reason, including the lack of product availability, payment information errors, fraud suspect, errors in the product information or price, and payment process mistakes by PayPal or bank. If your order is cancelled once the payment has been charged to your card or PayPal account, we’ll refund the amount paid.

If you have any further question, contact us through the contact form or to the e-mail [email protected] where we’ll be glad to help you.