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Terms and Conditions
1. General Information and Web Ownership

The windowsight.com website is owned by WINDOWSIGHT S.L. domiciled at Carretera de Montcada 670, 08227, Terrassa, Barcelona with CIF B65907206. 

The email of our Customer Service is info@windowsight.com. 

By using our website or requesting the download or display of content through it, the user consents to be bound by these Terms & Conditions and by all the legal texts of WINDOWSIGHT so, if you do not agree with all of this, you should not use our website. 

We inform you that these Terms & Conditions may be modified (any new version of the latter will be indicated previously) and the user will be responsible for consulting them each time they access, browse or use the web since those that are in force will be applicable in every moment. In the event that any of the clauses of the Terms & Conditions are declared illegal or not enforceable by a judicial decision, the other provisions will remain in force.

2. Purpose and Scope of Application

The WINDOWSIGHT Terms & Conditions described below define the rights and obligations within the framework of its website and in commercial transactions between windowsight.com and its users. For these purposes it is understood that the activity that WINDOWSIGHT develops through its web, includes the visualization and provision of audiovisual content.

3. The User

The access, navigation and use of the web, confers the condition of user (hereinafter referred to, indistinctly, individually as a USER or jointly as Users), so all the conditions established herein are accepted. Likewise, the user assumes responsibility for the correct use of the website. This responsibility will extend to:  

  • Make use of this website only to make inquiries and purchases or purchases legally valid. 
  • Do not make any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it could be cancelled, and the relevant authorities informed. 
  • Provide truthful and lawful contact information, for example, email address or other information. 
  • The user declares that they have the legal capacity to enter into contracts through this website.
4. Process and Conditions of Ordering

The duly registered Users can carry out transactions on the website by the established means and forms. They must follow the online purchase procedure of windowsight.com, through the “settings” page in the “account” section. The process to follow will be as follows:   

  • The USER can select a specific plan: “PREMIUM” / “BASIC” / ”FREE” and click on “SELECT PLAN”. The User must fill in and check the information requested in each step. During the process, before making the payment, the purchase data can be modified.
  • Once the purchase procedure has been completed, the USER in their “settings” page, in the “account” section, can view the details of their account type, the payment information and their payment receipts.

 

Other conditions of the process:

  • WINDOWSIGHT will charge monthly the fee. In case any inconvenience arises with the charging process, the account will be automatically changed to “FREE” and the USER will receive a notification email. The USER can, at any time, resume with their previous membership plan by updating their payment information through “settings” in the “account” section. 
  • In the case the USER changes from “BASIC” to “PREMIUM” account, their new “PREMIUM” account will start that same day. WINDOWSIGHT will recalculate the new billing date depending on the non used credit by the USER from the last payment.
  • In the case the USER changes from a higher cost account to a lower cost account, the USER will retain the privileges of the higher cost account until the end of the paid month. The USER must inform WINDOWSIGHT about this change before the renewal date.
  • The USER acknowledges being aware, at the time of purchase, of certain particular conditions of sale that concern the product in question and that are shown next to the presentation indicating, by way of example, but not exhaustive, and attending to each case: name, description of the work, characteristics and recognizes that the realization of the purchase of content display rights materializes the full and complete acceptance of the conditions. 
  • Unless expressly stated otherwise, WINDOWSIGHT is not the creator of the artistic creations that might appear on the Website. While WINDOWSIGHT makes great efforts to ensure that the information shown on the website is correct, sometimes, artist’s creations may contain additional or different information from what appears on the website. 
  • The communications, purchase orders and payments that intervene during the transactions made on the website could be archived and kept in the computerized records of WINDOWSIGHT in order to constitute a means of proof of the transactions, in any case, respecting the reasonable security conditions, laws and regulations in force that apply in this regard, and particularly in accordance with current data protection regulations and the rights that users attend in accordance with the privacy policy of this website (Legal advice and Use conditions). 
  • At the moment when the user clicks on the “Confirm” or “Change Plan” button in the purchase, he is fully and unreservedly accepting the entire contents of these “Terms & Conditions” and the user may print a copy of them. The contractual information is presented in English. 

 

WINDOWSIGHT will immediately confirm to the user that their purchase has been registered.

5. Availability of Products

The WINDOWSIGHT user will have at his disposal all the content that the artists have uploaded to the platform. 

In the event that an artist or the platform decides to remove any of its contents, it will no longer be available to the user. 

6. Products Prices

The price of the account type offered on the windowsight.com website is indicated in the currency by default. However, the USER can change the currency at any time previous to the payment. Prices will be always indicated with all taxes included.

The percentage shared with artists is applied to the USER membership fee after subtracting bank charges and taxes.

WINDOWSIGHT reserves the right to modify prices at any time including promotions and discounts.

WINDOWSIGHT reserves the right to refuse any payment for reasons subject to the law. However, the payment will be billed based on the rates in effect at the time of registration. The works will remain the property of the artists themselves who are part of the WINDOWSIGHT platform even after the payment made by the user, which allows the acquisition of this is the enjoyment of the platform and its contents only through the platform.

7. Payment Methods

Payment is made by PayPal and payment card. The accepted payment cards are: VISA, MASTERCARD, AMERICAN EXPRESS.  

  • In case of payment by card, we will send a debit request to your bank; the amount will not be debited from your bank account until WINDOWSIGHT obtains authorization from your bank. The debit period will depend on the rules applied to your payment method (immediate, deferred debit, etc.). The charge on the card will be made at the time the confirmation of the acquisition that is provided in form and, where appropriate, established place, is sent to the user.
  • In case of payment by PayPal, the amount of purchases will be charged to your PayPal account or the account you have introduced under your responsibility.

 

The user, by clicking on “Confirm”, confirms that the payment method used is theirs or that, where appropriate, is the legitimate cardholder or has the authorization to use the PayPal account selected.

In case of error, WINDOWSIGHT will not be able to validate the order, which will be cancelled.

If a user is unduly charged the amount of a purchase, without there being bad faith on its part, the user may request the cancellation of the charge by sending an email to WINDOWSIGHT. Once the request is validated by WINDOWSIGHT and if approved, the corresponding amount will be refunded in the shortest possible time according to the payment method.

For payment transactions our provider is Addon Payments; you can read their privacy policy on their website.

The information related to the purchase will be provided on the “Settings” page, in the “Account” section and you can view the details of your account and your payment receipts

8. Account Access Conditions
  • A) MODE AND ACCESS TIME
    The acquisition may be materialized through the windowsight.com platform itself and the user may enjoy the advantages of this through access to the user provided on the platform itself.
      
  • B) TERM OF ACCESS
    As soon as WINDOWSIGHT has been able to confirm the payment, the term of access to its account by the user is automatic.
  • C) MATTERS TO BE TAKEN INTO ACCOUNT AT THE TIME OF ACCESSING YOUR ACCOUNT
    The user acquires the rights to view content established on the website, whose ownership of the artistic works remains the same artists who contribute with their work to provide WINDOWSIGHT with content.

 

It is exclusively up to the user to check the status of their account and to express the observations and submit all the claims he deems necessary and may even refuse the purchase if it shows clear signs of malfunctions. Such observations or claims must be sent to the WINDOWSIGHT by any of the means indicated above for this (email or account courier).

9. Withdrawal

At the moment in which the user acquires (prior payment) the condition of of the purchased account, they are aware that he will have access to all types of audiovisual content for their enjoyment without time limitation while the corresponding payments are made. In this way, the User can enjoy the contents in accordance with the legal terms provided on this website.

For this reason, from the moment the user executes the first display or download of content, he is aware of the loss of the right of withdrawal.

In the event that the user has acquired a payment account, but has not executed the display of any content, they will have a period of 14 days to exercise the right of withdrawal by contacting WINDOWSIGHT at info@windowsight.com and contrast the information and, if applicable, the amount paid will be returned.

10. Responsibilities and Applicable Legislation

WINDOWSIGHT takes the necessary measures to ensure that the content offered complies with all current legislation and in accordance with the information offered by the artists, so it cannot be held liable for any damages or legal violations that may arise in this regard.

WINDOWSIGHT cannot be held liable for indirect damages and business losses (including lost profits, income, contracts, etc.) or any other indirect loss that was not reasonably foreseeable at the time the acquisition of the account was formalized.

Subject to the provisions of the preceding paragraphs, the responsibility of WINDOWSIGHT under these Terms & Conditions may not exceed and amount equal to the amounts paid or payable after the transaction that is at the origin of said responsibility, whatever be the cause or form of the action in question.  

WINDOWSIGHT cannot be held liable for breach of the contract signed in case of inability to access your account by means other than WINDOWSIGHT or force majeure, interruption of the activity or total or partial strike, in particular, the telematic services of the area where the user is.

Likewise, WINDOWSIGHT also limits its liability in the following cases:  

  • WINDOWSIGHT applies all measures concerning providing a faithful preview of the work on the Website, TV’s apps and mobile apps; however, it is not responsible for the minimum differences or inaccuracies that may exist due to lack of screen resolution, bad configuration of the screen or browser problems used or others of this nature. 
  • Technical failures that due to fortuitous or other causes prevent the normal operation of the service through the Internet. Lack of availability of the website for maintenance or other reasons, which prevents using the service. 
  • WINDOWSIGHT puts all the means at its disposal in order to carry out the purchase, payment and confirmation process of the user accounts; however, it disclaims liability for causes that are not attributable to it, fortuitous events or force majeure. 
  • WINDOWSIGHT will not be responsible for the misuse of artistic works that have been used by the user. At the same time, WINDOWSIGHT will not be responsible for an erroneous cancellation of the account made by the user. It is the responsibility of the user to make rational and legal use of the services accessible through their account. 
  • Manufacturers do not include burn-in damages in their warranty for it is considered a product of misuse by the user. WINDOWSIGHT recommends appropriate technologies and best practices to avoid burn-in and does not take responsibility of TV damage derived from app usage.

    To ensure best performance and display quality, to take proper care of TVs, and to control energy consumption, we recommend to:

    – Set automatic brightness and contrast. 
    – Manage the time of display of each artwork through the app.
    – Switch to different frame colours if displaying framed artworks for long periods of time.
    – Not display a still image longer than 90 minutes, only in the recommended and supported compatible TVs.

    Compatible TVs
    – Recommended: QLED, MicroLED
    – Supported: OLED, LED
    – Not recommended: Plasma, Cathode Ray Tube (CRT), Liquid Crystal Display (LCD), and others. 

  • In general, WINDOWSIGHT will not be liable for any breach or delay in the fulfilment of any of the obligations assumed, when it is due to events that are beyond our reasonable control, that is, due to force majeure, and this may include, but is not limited to:

    – Strikes, lockouts or other industrial action. 

    – Civil commotion, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or war preparations.
    – Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
    – Impossibility of using trains, ships, airplanes, motor transport or other means of transport, public or private.
    – Inability to use public or private telecommunication systems.
    – Acts, decrees, legislation, regulations or restrictions of any government or authority.

In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and WINDOWSIGHT will have an extension in the period to fulfil them for a period of time equal to the duration of the force majeure. WINDOWSIGHT will use all reasonable means to find a solution that allows us to fulfil our obligations despite the force majeure.

11. Written Communications and Notifications

By using this website, the user accepts that communications with WINDOWSIGHT are electronic (email or notices published on the website or app). For contractual purposes, the user agrees to use this electronic means of communication and recognizes that any contract, notification, information and other communications that WINDOWSIGHT sends electronically meet the legal requirements of being in writing. This condition will not affect the rights recognized by law to the user.  

The user can send notifications and communicate with WINDOWSIGHT through the contact details provided in these Terms & Conditions and, where appropriate, through the contact spaces on the website. Likewise, unless otherwise stipulated, WINDOWSIGHT may contact and notify the user by email.

12. Resignation

No waiver of WINDOWSIGHT to a specific legal right or action or the lack of requirement by WINDOWSIGHT of the strict compliance by the user of any of its obligations will imply, nor a waiver of other rights or actions derived from a contract or the Terms & Conditions, nor will the user be exonerated the fulfilment of their obligations. No waiver of WINDOWSIGHT to any of these Terms & Conditions or to the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and formalized and communicated to the user in writing. 

13. Nullity

If any of these Terms & Conditions were declared null and void by a final resolution issued by the competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.

14. Applicable Legislation and Jurisdiction

The access, navigation and use of this website and the contracts for the purchase of products through it will be governed by Spanish legislation.

15. Complaints And Claims

The user may send WINDOWSIGHT their complaints, claims or any other comment that they wish to make through the contact information provided at the beginning of these Terms & Conditions.  

Also, if a contract between WINDOWSIGHT and the user emanates a dispute, the user as a consumer may request an out-of- court dispute resolution, in accordance with EU Regulation No. 524/2013 of the European Parliament and of the Council, May the 21th, 2013, on the resolution of online litigation in matters of consumption. You can access this method through the website: http://ec.europa.eu/consumers/odr/. Otherwise, the courts of the client’s place of residence will be the only ones competent, regardless of the places of delivery and the methods of payment accepted. These Terms & Conditions in English will be executed and interpreted in accordance with Spanish legislation, legislation to which the parties expressly submit.