General terms and conditions of sale
This translation is provided for information purposes only. In the event of any discrepancy, the Spanish version shall prevail.
Welcome to our website. The products and services offered here are subject to certain terms and conditions, set out below. Using our website implies acceptance of them, so we suggest you read them carefully.
PRIVACY
Please see our privacy policy in the corresponding section.
IDENTIFICATION OF THE PERSON RESPONSIBLE FOR THE WEBSITE
PROMOTORA CULTURAL OLCADE, SL
Registered office: C/ Extramuros s/n, 16360 Monteagudo de las Salinas (Cuenca), Spain
Tax ID (CIF): B-16280901
Telephone: +34 606 157 881
Email: galeriaartepilares@gmail.com
The website is managed by PROMOTORA CULTURAL OLCADE, SL itself.
PURPOSE
The purpose of these General Conditions, and where necessary any Particular Conditions that may be established, is to expressly regulate the conditions applicable to purchases made by users (“Clients”) of products and/or services offered by PROMOTORA CULTURAL OLCADE, SL (“Supplier”) through its website www.galeriapilares.es.
These general conditions will be in force and valid for as long as they are accessible through the website, bearing in mind that the supplier reserves the right to modify, without prior notice, both the general and the particular conditions, as well as any of the legal texts displayed on the website. In any case, use of the website after their modification, updating and/or replacement implies the user’s acceptance of them.
Clients and all contracting processes carried out through the website are subject to the general conditions in force at the time of the corresponding contract, and no product and/or service may be contracted without prior acceptance of them. The conditions remain in force for as long as they are displayed, until they are modified in whole or in part. The new conditions will apply from the moment they are made available to the client.
All purchases of products made through the website, after identification and authentication using the username and password provided, will be deemed to have been correctly made by the client and therefore binding. The client will be solely responsible for all purchases of products and/or services made through the website by anyone using their username and password. Orders placed on the website by a minor using the registration information will be understood to have been made under the supervision and with the authorisation of their parents, guardians or legal representatives.
PARTIES INVOLVED
The electronic contracting process through the website www.galeriapilares.es will take place between the client and the supplier.
Clients of the website www.galeriapilares.es are considered to be those consumers who are:
– Natural persons over 18 years of age.
– Duly accredited legal persons or entities that accept these general conditions and the particular conditions applicable in each case.
Purchases by minors, and by natural and legal persons who do not accept the general and particular conditions set out, are prohibited.
ACCESS TO AND REGISTRATION ON THE WEBSITE
Access to and consultation of the catalogue of products and/or services published on the website www.galeriapilares.es is free of charge, and users do not need to register.
To purchase products and/or contract services available on the website, users must register by following the instructions below.
4.1 REQUIREMENTS FOR REGISTERING AS A USER
To register as a user it is essential to be over eighteen years of age and to provide, through the form made available by the supplier on the website, all the data requested and marked as mandatory. Registered users accept that their user account is personal and non-transferable. Both natural and legal persons may register on the website.
Registered users will have an access password, which will in all cases be personal and non-transferable. This password will be valid for a limited time and must meet minimum length and security requirements. Users may change or recover the password at any time by following the procedure provided on the website. The supplier will never know this password, which will remain encrypted in the supplier’s systems.
Users must notify the supplier of any incident involving misuse of their identifiers and/or passwords, such as theft, loss or unauthorised access, so that the user account can be cancelled immediately. Until such notification, the supplier will not be liable for any actions resulting from the improper use of those identifiers or passwords.
4.2 CANCELLING REGISTRATION
The legal relationship established once registered as a client on the website will be of indefinite duration. Either party may end or suspend this contractual relationship at any time and unilaterally, without affecting any obligation arising from any order for products or services placed before the relationship ended. Clients may unilaterally exercise the right of termination by requesting cancellation of their account by email or post to the addresses given at the beginning of these conditions.
The supplier reserves the right to cancel the registration (and therefore access to the website) of users who have outstanding or unpaid balances with the supplier through any system, whether via the website or contracted by other means.
ELECTRONIC PURCHASE PROCESS
5.1 INFORMATION ON AND AVAILABILITY OF THE PRODUCTS OFFERED
The products and/or services offered by the supplier and published on the website www.galeriapilares.es show the following information for each of them:
– Name and description of the product
– Image or images of the product
– Price
– Any discounts applied to it, and
– Availability of the product.
If the supplier does not have stock of any of the products ordered, the client will be informed and offered the option of waiting for the product to be restocked, cancelling the purchase with a refund of the amounts paid or, where applicable, receiving another similar product or products chosen by the client.
Some posters, prints and original drawings, having been made some time ago, may show signs of use. This is normally indicated in the product description. Likewise, for technical reasons, the colours in the photographs may not be, or may not appear, identical to the original.
5.2 ELECTRONIC PURCHASE PROCEDURE
Once the user has selected the products and/or services offered by the supplier, the user must follow the stages of the purchase process set out below:
– Stage 1. Confirming the basket: once the user has finished selecting the products to be purchased, they must confirm their shopping basket, which shows the products selected, the number of units, their price, the delivery time and any shipping costs. The client will also indicate the delivery method, which may be collection from our premises or delivery to their address.
– Stage 2. Billing and delivery details: once the basket has been confirmed, the client must enter the billing and delivery details for the order and expressly accept the terms of contract. If these conditions are not accepted, the website will not allow the purchase process to continue or, failing that, the user must undertake to cancel the purchase.
– Stage 3. Payment method: after providing the billing and, where applicable, delivery details, the client must select the payment method they wish to use. The supplier accepts the following payment methods: PayPal/Stripe and/or bank transfer.
– Stage 4. Payment of the total amount: if the client has chosen immediate payment (PayPal/Stripe), the system will automatically redirect them to the online payment platform (POS) of the corresponding bank.
– Stage 5. The supplier will send the client an email with the details of the purchase. This will be sent within 24 working hours of payment being made. This email will serve as the “Proof of Purchase”, and the client should print it for their records.
The client will receive the invoice by email. The order confirmation and proof of purchase are not valid as an invoice.
FINANCIAL CONDITIONS AND PAYMENT METHODS
6.1 FINANCIAL CONDITIONS
All products and/or services available on the website show their final price. The prices shown apply exclusively to the products and/or services offered through that medium and for as long as they remain available on the website.
Prices are always shown in euros and include VAT (unless otherwise indicated for the product or service itself) and any other applicable tax, and will be those in force and legally applicable at that time. Prices do not include any shipping costs, which are additional and will be indicated before the purchase is confirmed.
If the supplier identifies an error in the price of any product available on the website, it will inform the client immediately. The price will be corrected on the website and in any communications that may have been made. The client may then reconfirm or cancel their order by email.
The supplier reserves the right to change the prices of the products and/or services available on the website at any time without prior notice. In any case, the prices in force shown on the website at the time the order is placed will apply, regardless of any subsequent price changes.
6.2 PAYMENT METHODS
To make payment, the client must follow each and every instruction shown in stage 3 of the electronic purchase process described above. All payment methods offered by the supplier are subject to verification and authorisation by the issuers of the payment method (card issuers and/or payment account issuers). If the issuer does not authorise the payment, the order will be automatically cancelled and the purchase of the products or services will not be completed.
The price of the products, any applicable shipping costs and applicable taxes will only be charged when the order is placed.
Users can pay quickly and securely with their PayPal account without sharing financial information with the supplier. If this payment method is selected, the client will be redirected to the secure PayPal/Stripe page, where they must enter their credentials and accept the charge, or enter their credit card details on the PayPal/Stripe platform itself. Once payment has been confirmed, the client will be returned to the supplier’s purchase confirmation page, where they can check the status of the purchase.
SHIPPING CONDITIONS
Products purchased through the supplier’s website will be sent to the postal address given in the order form. Deliveries to PO boxes and cash on delivery are not accepted.
Goods will generally be handed to the carrier within 3 to 10 working days of the order being confirmed, for delivery to the postal address included in the order details, except in cases of force majeure.
If, on receiving the shipment, the client notices that the package or protective tube is damaged or shows signs of impact that could affect the contents, they must make an official claim to the carrier or distributor so that it assumes its responsibilities. If no claim is made, the client is understood to agree with the condition in which the shipment was received. The seller’s liability for any damage during transport is limited to the conditions of the carrier. For valuable goods, clients are advised to take out insurance.
The rates normally used for shipping are those of the Spanish postal service, Correos, and are based on sending a single unframed item, poster or print per purchase by registered post, weighing no more than 500 grams and in a protective tube no longer than 80 cm or wider than 10 cm in diameter. Where the purchase exceeds this weight and size, or the shipment includes several items, the poster or print is framed, special packing and protection or a special courier, express delivery or insurance is required, or the destination is in other countries than those listed, etc., the price may be modified according to the characteristics of each shipment, and the client will be informed in advance. Shipping prices include packing, handling and delivery to the Correos office or the courier company used. Insurance is not included and must be requested and taken out by the client or recipient.
RIGHT OF WITHDRAWAL
Our aim is to provide our clients with the best possible service and to ensure their satisfaction. Clients have the right to withdraw from a purchase made through our website if they are not satisfied. Custom framing and special orders made on request are excluded.
The product must be returned properly packed and in the same condition in which it was delivered. Transport costs will be borne by the client, unless there is a justified reason. The purchase price will be refunded once the goods have been received at our premises and checked to be in good condition. The refund will be calculated by deducting any outbound and return shipping costs. The refund will be made using the same payment method used for the purchase, deducting the return costs, which will be borne by the client. The client must return the products without undue delay and in any case no later than 14 calendar days from the date on which they communicate their decision to withdraw. Products must be returned in perfect condition. If they are not returned in the original packaging, the product will be understood to have suffered a depreciation, which the supplier will estimate fairly and proportionately and deduct from the amount to be refunded. It is not possible to exchange a chosen product for another.
The amount corresponding to the withdrawal will be refunded within 14 calendar days of the date on which the decision to withdraw from the contract was effectively and unequivocally communicated, provided that the goods have been received in perfect condition; otherwise, the refund may be withheld until the goods have been received or until the client proves that they have been returned.
The following are excluded from the right of withdrawal:
The supply of digital content (not supplied on a tangible medium) once the services that include such material have been acquired. Likewise, having obtained access to any type of digital content (online through the website or offline by any other means) is excluded from the right of withdrawal. The client expressly acknowledges that once the digital download has begun and/or access has been obtained to exclusive content linked to the services acquired, they will lose the right of withdrawal.
The provision of online training services, once the service has been enabled for the client, giving access to all the documentation.
For the client to exercise the right of withdrawal, it is essential that the products are returned in their original packaging and undamaged. Otherwise, the amount refunded to the client for the returned product will be reduced accordingly. Before returning the product, the client must ensure that it is fully protected and sealed so that it is not damaged in transit.
GUARANTEES
The legislation applicable to guarantees on the sale of consumer goods will apply. If for any reason the product is defective, the supplier will, wherever possible, replace it with an identical product at no cost to the client. If replacement is not possible for reasons of availability, a similar product will be offered as a replacement, or the full purchase price will be refunded.
CUSTOMER AND AFTER-SALES SERVICE
Any query, suggestion, complaint or claim regarding the online sale of the products on our website may be made during business hours through:
Email: galeriaartepilares@gmail.com
Telephone: +34 606 157 881
Address: Extramuros s/n, 16360 Monteagudo de las Salinas (Cuenca), Spain
DISCLAIMER
The supplier cannot guarantee the technical continuity of the website, the absence of faults or interruptions in the service, or that the website will be available or accessible at all times. Nor can it guarantee the absence of viruses or other harmful components on the website or on the server from which it is provided.
PROCESSING OF PERSONAL DATA
All information provided during the contracting process will be stored by the supplier as the party responsible for and manager of the website, and as processor of the order data on behalf of the point of sale, which will for all purposes be the controller of the file containing the personal data of the clients who have actually made the purchase.
The data obtained will be made available to the transport and logistics company responsible for delivering the item purchased through the website www.galeriapilares.es, and to any other operator involved in the purchase, financing and/or delivery process, for the purposes of performing the contract or contracts with the client and the relationships arising from them. In any case, before the client’s personal data are disclosed to any third party, the client must expressly accept this in advance.
Likewise, unless the client has expressly objected, the user expressly consents to the processing of their personal data in order to receive information of interest, news and offers about the supplier’s products and services by any means, including post, email, SMS or similar. Users may unsubscribe from advertising communications through www.galeriapilares.es or request it in accordance with the supplier’s privacy policy.
To exercise their rights of access, rectification, erasure and objection, users may contact the supplier (tax ID B-16280901, registered office at Calle Corredera Alta de San Pablo, 4, 28004 Madrid) or send an email to galeriaartepilares@gmail.com, enclosing a copy of both sides of their identity document. The supplier’s processing of personal data, as well as any other information requested for access to and use of the website, will be governed by the privacy policy of the website www.galeriapilares.es.
GENERAL PROVISIONS
These conditions have been made available with due notice, in accordance with current legislation. The supplier also makes these purchase conditions available in a form that allows them to be stored and reproduced, thus complying with the legal duty of prior information.
The supplier reserves the right to modify, at any time and without prior notice, the presentation and configuration of the website, its features and/or its content. The client expressly acknowledges and accepts that the supplier may at any time interrupt, deactivate and/or cancel access to and/or use of the website, without the supplier being liable for doing so.
If any provision or provisions of these purchase conditions are held to be void or unenforceable in whole or in part by any competent court, tribunal or administrative body, such nullity or unenforceability shall not affect the remaining provisions. In that case, the clause or clauses affected shall be replaced by others having the effects most similar to those replaced.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with Spanish law. Should any difficulty, disagreement or dispute arise concerning the data provided or any product or service, and in the unlikely event that customer service cannot resolve a complaint to the client’s satisfaction within 60 days, both PROMOTORA CULTURAL OLCADE, SL and the client agree that all communications on the matter will be strictly confidential and that such disagreements will be resolved by legal arbitration. The arbitration will take place exclusively in Madrid, Spain, and will be conducted exclusively on an individual basis, under a confidential submission agreement and not as part of a class or representative action or as a member of a class, consolidated or representative action. Legal fees and/or the costs of the arbitration or of that process will be borne by the party that initiated it. If any provision or clause of this contract is declared void under current law, all the others shall be considered valid and enforceable. Waiver of any of the clauses of these Terms and Conditions shall not be construed as a further or continuing waiver of that clause or of any other.
For all matters arising from the interpretation or breach of these conditions, the contracting parties expressly submit to the jurisdiction of the courts of Madrid, Spain, waiving any other jurisdiction that may correspond to them.