These General Conditions of Use and Contracting (hereinafter, "the General Conditions") govern the access and use of the website accessible through the domain name https://www.artworks.andreubuenafuente.com and its subdomains (hereinafter, "the Website"), as well as the contracting of products and/or services through the same. The simple access to the Web Site attributes to the user the condition of user of the same (hereinafter, "the User") and implies the acceptance of all the terms included in these General Conditions. If the User does not agree with these General Conditions, he/she must immediately leave the Website without using it.
By accepting these General Terms and Conditions, the User declares:
(a) That he/she has read, understands and accepts what is set forth herein.
b) That, in the event that he/she intends to contract any product and/or service, he/she has sufficient capacity to do so.
c) That, in case of acting on behalf of a legal entity, he/she has sufficient power of representation and in force to do so.
d) That he/she is of legal age.
1. General information of the Web Site
The following is general information about the Website:
Owner: Artworks.Andreubuenafuente (hereinafter referred to by its trade name, "Artworks.Andreubuenafuente").
TAX IDENTIFICATION NUMBER: B65746455
2. Access to the Web Site
The simple access to the Web Site is free of charge except for the cost of the connection through the telecommunications network provided by the access provider contracted by the User.
3. User Registration on the Website
As a general rule, the User may browse the Website without registration. However, the User may register on the Website through the form provided for this purpose, which will allow him/her to access his/her personal account where he/she may edit his/her personal data and shipping addresses, consult the orders placed through the Website, as well as their status, subscribe to the Artworks.Andreubuenafuente Newsletter or unsubscribe from said subscription.
The User is responsible at all times for the safekeeping of his/her password, and consequently assumes any damages that may arise from its improper use, as well as from the transfer, disclosure or loss thereof. To these effects, the access to restricted areas and/or the use of the services and contents of the Web Site carried out under its password will be considered to be carried out by the User.
5. Contents and services linked through the Web Site
The Website may contain technical linking devices, directories and even search tools that allow the User to access other Internet pages and portals (hereinafter, "Linked Sites"). In these cases, Artworks.Andreubuenafuente shall only be liable for the contents and services provided on the Linked Sites to the extent that it has actual knowledge of their unlawfulness and has not deactivated the link to the same with due diligence. In the event that the User considers that there is a Linked Site with unlawful or inappropriate content, he/she may notify Artworks.Andreubuenafuente.
Under no circumstances shall the existence of Linked Sites presuppose the formalization of agreements between Artworks.Andreubuenafuente and those responsible for or owners thereof, nor the recommendation or promotion of the Linked Sites and/or their contents by Artworks.Andreubuenafuente. Unless otherwise expressly indicated on the Website, Artworks.Andreubuenafuente is not aware of the contents and services of the Linked Sites and, therefore, shall not be liable for any damages that these may cause to the User or to any third party.
6. Intellectual and industrial property
All contents of the Website, which are understood to include, but not limited to, texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes, are the intellectual property of Artworks.Andreubuenafuente or third party licensors, and none of the exploitation rights recognized by the current legislation on intellectual property on the same may be understood to have been assigned to the User.
The User declares to be the sole author of all photographs, images, designs, texts and/or comments (hereinafter, "User Content") published or sent through the sections of the Website provided for this purpose, guaranteeing that the use of the same on the Website does not infringe the rights of any third party. The User hereby assigns to Artworks.Andreubuenafuente, free of charge, the rights of public communication, reproduction, distribution and transformation of said User's Content, in all existing forms of exploitation up to the date of acceptance of these General Terms and Conditions. Said assignment is made for the universal territorial scope and for the time corresponding to your lifetime and seventy years after the death or declaration of death of the User.
The trademarks, trade names and other distinctive signs published on the Website are the property of Artworks.Andreubuenafuente or of third party licensors and/or licensees, and no rights over them may be understood to have been assigned to the User.
7. Contracting of products and/or services
7.1. Main characteristics of the goods
The main characteristics of the goods offered through the Website can be consulted in the descriptive card with which they are presented.
7.2. Purchase procedure
1. The User must click on the desired product. Once the new window with the product has been opened, the User must choose, where appropriate and depending on the selected product, color, size and quantity, and click on "Add to cart".
2.The cart with the products selected by the User will be displayed on the right side of the screen. When the User is satisfied, he/she must click on "Process order".
3. Displayed the new page, the User will be able to see the products that he has in the cart, being able to increase or to diminish the quantity, as well as to eliminate the product cart. Once the User is satisfied with what he/she wishes to purchase, he/she must click on the "Checkout" button.
5. The User will be shown a summary of his purchase where he will be able to check which articles he is going to acquire and their price. You will be asked to select the payment method you wish to use, being able to choose credit or debit cards.
6. The last data that the User will have to fill in are those relative to the method of payment (either by credit or debit card), where the User will be asked for the card number, expiration date and security code. Finally, the User must click on "Pay".
7. Finally, once the order has been placed, Artworks.Andreubuenafuente will send an e-mail to the User confirming the details of the purchase made.
Artworks.Andreubuenafuente shall keep electronic proof of the purchase made by the User, who may consult his or her purchase history through his or her account.
7.3. Correction and identification of data entry errors
When the User forgets to correctly fill in any data indicated as obligatory in the corresponding form, he/she will not be able to advance in the process of contracting or validation until he/she has completed it. A message on the screen will warn him/her of this circumstance.
You may modify and/or update the data provided during the purchase process at any time, before its completion, by going back to the desired step.
By accessing your account, the User may modify and / or update at any time the data provided at the time of registration as a user of the Website.
7.4. Delivery of orders
The User will receive his order within a maximum of 10 days from the date of order confirmation. However, Artworks.Andreubuenafuente's usual delivery time usually ranges between 2 and 6 days from the order confirmation. These delivery times are average, and therefore an estimate.
7.5. Price, methods of payment and shipping costs
The prices indicated for each product in its corresponding file include, unless expressly stated otherwise, the Value Added Tax (VAT) and, in any case, are expressed by default in Euro currency (€). These prices, unless expressly stated otherwise, do not include shipping costs, shipping insurance or any other additional services and annexes to the product or service purchased. The details of the shipping costs are specified in the purchase process and must be previously accepted by the User.
The User can make the payment using the payment method detailed in this clause. The User declares that the payment system used for the purchase of the products is his/her property. Artworks.Andreubuenafuente reserves the right not to authorize the purchase of the products in the event that the payment system used by the User contains data or information that does not match the data previously provided in order to avoid any type of fraud.
Artworks.Andreubuenafuente shall not assume any amount, fee, commission or any other amount charged to the User by the payment system used by the supplier, provided that the legislation in force does not so provide.
The payment methods available on the Website are as follows:
(a) Credit and debit cards through the use of the payment gateway. The credit and debit cards accepted are: VISA, MASTERCARD and MAESTRO. At the time of payment, the User must enter the required information, such as credit or debit card details, the owner's card name, expiration date and CVC number. This information will not be stored by Artworks.Andreubuenafuente since the management is carried out by Shopify.
The shipping methods available for products purchased on the Website are as follows:
Artworks.Andreubuenafuente will ship through a courier company. The order placed by the User will in any case be "Standard Shipping", which will take a maximum of 10 working days. In case of delays in deliveries, Artworks.Andreubuenafuente will inform its customers as soon as it becomes aware of them. Each delivery is considered to have been made from the moment in which the transport company makes the product available to the User, which is materialized through the control system used by the transport company. In the event of delays in the delivery of orders attributable to Artworks.Andreubuenafuente, the User may cancel his order in accordance with the procedure described in the following section.
Shipping costs shall be borne by the User. The User must indicate, together with the data relating to shipping and billing, which type of shipping he/she wishes before confirming the purchase. The type of shipping chosen by the user will be associated with its corresponding amount that will be added to the total price to be paid by the User.
8. Right of withdrawal
8.1. Term of exercise
The User has the right to withdraw from the contract concluded through the Website within 14 calendar days without giving any reason.
In the case of a contract of sale, the withdrawal period shall expire 14 calendar days after the day on which the User or a third party indicated by the User, other than the carrier, has acquired material possession of the goods.
In the case of a contract for the delivery of multiple goods ordered by the User in the same order and delivered separately, the withdrawal period shall expire 14 calendar days from the day on which the User or a third party indicated by the User, other than the carrier, has acquired the material possession of the last of these goods.
In order to exercise the right of withdrawal, the User must notify Artworks.Andreubuenafuente of his decision to withdraw from the contract by means of an unequivocal statement (for example, a letter sent by post, fax or e-mail).
In order to meet the withdrawal deadline, it is sufficient that the User's communication concerning the exercise of this right is sent before the expiry of the corresponding deadline.
8.2. Consequences of cancellation
In the event of withdrawal, Artworks.Andreubuenafuente shall refund all payments received from the User, including delivery charges, without undue delay and, in any event, no later than 14 calendar days from the date on which the User informs Artworks.Andreubuenafuente of his decision to withdraw from the contract. Artworks.Andreubuenafuente shall proceed to effect such reimbursement using the same means of payment used by the User for the initial transaction, unless it has expressly provided otherwise; in any case, the User shall not incur any costs as a result of the reimbursement. Artworks.Andreubuenafuente may withhold the reimbursement until it has received the goods, or until the User has provided proof of the return of the goods, whichever condition is met first.
The User must return or deliver the goods directly to Artworks.Andreubuenafuente, without undue delay and, in any event, no later than 14 calendar days from the date on which he/she communicates his/her decision to withdraw from the contract. The deadline shall be deemed to have been met if the goods are returned before the end of this period. The User shall bear the direct cost of returning the goods.
The User shall only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
9. Complaints, claims and requests for information
The User may address his complaints, claims and/or requests for information to Artworks.Andreubuenafuente, by sending an e-mail to the address firstname.lastname@example.org.
10. Legal guarantee of conformity for the products
The User is reminded that, in accordance with the provisions of articles 114 and following of the Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, all products delivered by Artworks.Andreubuenafuente must be in accordance with the contract concluded, Artworks.Andreubuenafuente being liable to the User for any lack of conformity that may arise within a period of two years from the delivery of the product.
The scope and form of execution of the rights conferred on the User by said legal guarantee can be consulted in articles 114 and following of the aforementioned regulation.
11. Nullity and ineffectiveness of the clauses
If any clause included in these General Conditions is declared totally or partially null or ineffective, such nullity or ineffectiveness shall only affect such provision or the part thereof that is null or ineffective, and these General Conditions shall subsist in all other respects and such provision shall be considered totally or partially as not included.
12. Applicable Law and Competent Jurisdiction
These General Conditions shall be governed by and construed in accordance with Spanish law. In case of controversy, the User may choose to bring his claim before the Courts or Tribunals corresponding to his domicile.