TERMS & CONDITIONS OF SALE

Last updated: 13 November 2026

These Terms & Conditions of Sale apply to all purchases made through the online store operated by Owen Damato.

Article 1 – General

These Terms & Conditions govern the sale of digital products through the online store operated by Owen Damato.

The store specialises in digital photography products, including Lightroom presets, preset collections, masking tools, XMP files and associated installation guides.

By placing an order, the customer acknowledges having read and accepted these Terms & Conditions.

Article 2 – Seller Information

The store is operated by:

Owen Damato
Self-employed Photographer & Digital Creator

7, Rondor, Ciantar Street,
Żurrieq, Malta

VAT Identification Number: MT3105-0737

Email: info@owendamatophotography.com

Article 3 – Customers

Products are available to both individual consumers and professional customers.

Orders may be placed internationally, subject to applicable legal and technical restrictions.

Customers are responsible for ensuring that the products are suitable for their intended use and compatible with their software.

Article 4 – Digital Products

All products sold through this store are supplied in digital format. No physical products will be shipped.

Depending on the product purchased, the digital files may include:

• Lightroom presets (XMP files).

• Preset collections and bundles.

• AI masking and editing tools.

• Other compatible preset files and overlays.

• Installation instructions and associated digital resources.

The exact contents of each purchase are described on the relevant product page at the time of ordering.

Product previews and before-and-after photographs are provided for illustrative purposes. The final results may vary depending on the photograph, lighting conditions, camera equipment, exposure, colour profile and software settings.

Article 5 – Prices

All prices are displayed in euros (€), unless otherwise stated.

The applicable price is the price displayed at the time the order is placed.

Prices may be changed at any time. Such changes will not affect orders that have already been confirmed.

Any applicable taxes will be calculated and displayed during checkout in accordance with the relevant tax regulations.

Article 6 – Orders

Customers may select their desired products and add them to their shopping cart.

Before completing the purchase, customers are responsible for checking their selected products, quantities and order total.

An order is considered confirmed once payment has been successfully processed.

The customer is responsible for providing a valid and accurate email address to receive their purchase confirmation and download information.

Article 7 – Payment

Payments are processed securely through Shopify Payments.

Available payment methods are displayed during checkout.

An order will only be considered paid once payment has been successfully confirmed.

Owen Damato does not directly collect or store customers' complete payment card details.

Article 8 – Promotional Codes

Promotional codes and discounts may be offered from time to time.

Each promotion may be subject to specific conditions, including:

• Validity periods.

• Eligible products.

• Maximum number of uses.

• Discounts expressed as a percentage or fixed amount.

Unless otherwise stated, promotional codes cannot be combined with other offers.

Article 9 – Digital Delivery

All products are delivered digitally and automatically following successful payment.

Customers will receive access to their purchased files through the download system provided by the store.

No physical delivery or shipping is involved.

Customers are responsible for downloading and safely storing their purchased files.

If a download link does not work, a file is missing or access is unavailable, customers should contact:

info@owendamatophotography.com

Assistance will be provided to restore access or supply the relevant files.

Article 10 – Licence of Use

Purchasing a digital product grants the customer a personal and non-transferable licence to use the purchased files.

Customers are permitted to use the presets and associated tools for:

• Personal photography and creative projects.

• Professional photography work.

• Photographs produced for their own clients.

• Commercial photography projects and other lawful creative work.

The purchase does not transfer ownership or copyright of the original digital files.

Customers are strictly prohibited from:

• Reselling or sublicensing the original files.

• Sharing or distributing the files with third parties.

• Redistributing the files for free or commercially.

• Uploading the files to public download platforms or file-sharing websites.

• Repackaging, renaming or marketing the files as their own products.

• Modifying the files for the purpose of redistribution or resale.

The licence applies to the purchased digital files and does not restrict the customer's ownership or commercial use of photographs edited using those files.

Article 11 – Right of Withdrawal

Under applicable EU and Maltese consumer protection legislation, consumers generally have a 14-day right of withdrawal for online purchases.

However, an exception applies to digital content that is not supplied on a physical medium.

Where the customer:

1. Expressly agrees to the immediate supply of the digital content before the expiry of the 14-day withdrawal period;

2. Acknowledges that they will lose their right of withdrawal once the digital content supply begins; and

3. Receives confirmation of this agreement on a durable medium, such as an order confirmation email;

the right of withdrawal is lost once the supply of the digital content begins.

Due to the automatic digital delivery of products through this store, customers will be asked to provide the necessary express consent and acknowledgement before completing their purchase.

Where these legal requirements have been properly fulfilled, refunds will not be available simply because a customer changes their mind, purchases the wrong product or decides they no longer require the product.

Nothing in this article affects any mandatory consumer rights provided by applicable law.

Article 12 – Refunds and Technical Issues

Due to the digital nature of the products, all sales are generally final once the digital content has been supplied and the legal conditions for the loss of the right of withdrawal have been met.

However, customers may contact the store in cases involving:

• Duplicate payments.

• Incorrect charges.

• Missing or inaccessible downloads.

• Corrupted or defective files.

• Products that do not match their advertised description.

• Other technical problems affecting the purchased product.

Where appropriate, Owen Damato may provide replacement files, a new download link or other suitable assistance.

If a product cannot be brought into conformity in accordance with applicable consumer protection legislation, the customer retains the right to the remedies provided by law, which may include a price reduction or refund.

Article 13 – Software Compatibility

Products are designed for use with compatible versions of Adobe Lightroom, as specified on the relevant product page.

Customers are responsible for checking software compatibility before purchasing.

Owen Damato cannot guarantee compatibility with unsupported software, outdated versions or third-party applications.

The appearance and effectiveness of presets may vary depending on the photograph, camera, lighting conditions, software version and individual editing adjustments.

This article does not limit any statutory rights relating to digital content conformity.

Article 14 – Intellectual Property

All digital products, preset collections, original files, product descriptions, graphics and associated materials available through this store remain the intellectual property of Owen Damato or their respective rights holders.

Purchasing a product grants the customer a licence to use the files under Article 10. It does not transfer ownership or intellectual property rights.

Unauthorised reproduction, distribution, resale or commercial exploitation of the original digital files is prohibited.

Adobe, Lightroom and Lightroom Classic are trademarks of Adobe Inc. This store and its products are independently created and are not affiliated with, endorsed by or sponsored by Adobe Inc.

Article 15 – Personal Data

Personal information collected during the purchasing process is processed in accordance with the store's Privacy Policy.

Payments are handled through Shopify Payments and relevant payment service providers.

Further information about the collection, processing and protection of personal data is available in the Privacy Policy published on the website.

Article 16 – Complaints and Customer Support

Customers who experience difficulties with an order, payment, download or purchased product should contact:

Email: info@owendamatophotography.com

Customers should include their order number and a description of the issue to help resolve the matter efficiently.

All complaints will be reviewed and handled in accordance with applicable consumer protection legislation.

Consumers may also seek assistance from the relevant Maltese consumer protection authorities or competent alternative dispute resolution bodies where applicable.

Article 17 – Applicable Law

These Terms & Conditions are governed by the laws of Malta.

Where a customer is a consumer residing in another country, this choice of law does not deprive them of the protection afforded by mandatory consumer protection provisions applicable in their country of habitual residence.

Any disputes shall be handled by the competent courts in accordance with applicable law.

Article 18 – Amendments

Owen Damato reserves the right to update or amend these Terms & Conditions when necessary.

The latest version will always be published on the online store.

Any changes will apply to orders placed after the updated Terms & Conditions become effective. Existing confirmed orders will remain subject to the conditions applicable at the time of purchase.