These General Conditions of Sale (hereafter GCS) apply to the purchase, within and outside Spain, of any of the products that Subiranas i Camps, S.L. makes available through its website (www.artgaudi.com) by any natural or legal person (hereafter BUYER), regardless of whether or not such person is the end-user of the product.
The use by the BUYER of the website’s services implies the acceptance and acknowledgment of these GCS, which can be seen on the website when placing an order. It is therefore the responsibility of the BUYER to read these GCS carefully before agreeing to the transaction.
By selecting the option “I agree” at the end of the GCS, the BUYER indicates his/her full acknowledgement, understanding and acceptance of such GCS and will be able to continue with the transaction. If, however, the BUYER chooses not to accept the GCS and selects the option “I do not agree” at the end of the GCS, the transaction shall be suspended and no acceptance of any kind of obligation on the part of the BUYER shall be registered.
The prices displayed on the screen next to each product are in euros (€). Special offers shall be marked and identified as such.
Subiranas i Camps, S.L. reserves the right to make modifications as it sees fit at any time without prior notice, including the updating of products and prices. The applicable price shall be that displayed at the time the BUYER confirms his/her order and such confirmation is received by Subiranas i Camps, S.L.
3. FORM OF PAYMENT
All national purchases shall be paid for by one of the following methods:
• Credit Card (VISA, 4B, MasterCard, etc.)
· Wire transfer
For international orders, please see section 6.
Once payment of the order has been confirmed, Subiranas I Camps, S.L. shall prepare such order for delivery. If the BUYER does not receive the order within approximately 1 week within the Iberian Peninsula or 2 weeks outside the Iberian Peninsula as of the receipt of payment by Subiranas I Camps, S.L., he/she should send an e-mail to the Customer Service Department at email@example.com.
Subiranas I Camps, S.L. shall contract the services of a specialised logistics company, whose costs and delivery times shall be displayed at the checkout. Such costs shall be covered by the BUYER. The selection of such logistics company shall be made exclusively by Subiranas I Camps, S.L.
In the event of any doubt, query or incident regarding the purchasing process, the BUYER should contact Subiranas i Camps, S.L. by one of the following:
·Filling in the contact form
·Post: Subiranas i Camps, S.L. - Customer Service Department - C/ Tapineria, nº 10, 08002, Barcelona.
Only information provided in answer to a communication made through one of the aforementioned channels shall be considered binding in relation to and endorsed by Subiranas i Camps, S.L. Furthermore, such information shall be deemed applicable only to the specific case referred to in the original communication sent by the BUYER. The information and data submitted relating to incidents shall be processed in accordance with section 7 of these GCS.
6. INTERNATIONAL SALES
All international sales shall be paid for by one of the following methods:
• Credit Card (VISA, 4B, MasterCard, etc.)
• Wire transfer
For all deliveries outside the Iberian Peninsula, the shipping costs shown during the purchasing process for the specific destination shall apply.
Any customs tariffs in connection with the import of the products into the country of destination shall be met by the BUYER; as such, Subiranas i Camps, S.L. CANNOT be held liable for any goods once these are in the customs office of the country of destination.
Pursuant to the provisions of Organic Law 15/1999 on Personal Data Protection, of 13 December, and of R.D. 1720/2007, of 21 December, approving the implementing provisions of O.L. 15/1999, Subiranas i Camps, S.L. hereby informs customers of the existence of a personal data file created by and under the responsibility of Subiranas i Camps, S.L. containing the data obtained from the www.artgaudi.com website and the information received in connection with incidents, as set forth in section 5. Such file is created to manage the contractual relations between customers and Subiranas i Camps, S.L. and for promotional and advertising activities of possible interest to customers, based on the study and segmentation of data gathered while customers browse the website, data provided when completing forms and data obtained through business relations or delivery of products purchased.
Subiranas i Camps, S.L. notes that, prior to gaining access to certain parts of the contents or services available on www.artgaudi.com, users may be required to complete registration forms or similar, entailing the provision of personal data. Cookies may also be activated to recognise users in order to improve the services provided.
Pursuant to the provisions of Organic Law 15/1999 of 13 December, customers and users of www.artgaudi.com. may exercise their rights of access, rectification, cancellation and opposition regarding their personal data at any time by sending a letter to the Customer Service Department of Subiranas i Camps, S.L., at C/ Tapineria, nº 10, 08002, Barcelona (Spain) or an e-mail to firstname.lastname@example.org, stating their name and surname, username and e-mail used to register, and attaching a photocopy or digital image of their ID. Should the data submitted be linked to a purchase, Spanish law requires that such data be stored for at least six years; as such, regardless of requests made by the BUYER, data cannot be deleted or rectified. Subiranas i Camps, S.L. undertakes to respect the confidentiality of the data included in the file and to use such data according to the purpose of the file, as well as to fulfil its obligations to store the data and adopt all necessary measures to prevent the alteration, loss and unauthorised processing or access thereof, in accordance with the provisions of the Regulation on Security Measures for computerised files containing personal data, adopted by R.D. 994/1999, of 11 June.
8. INTELLECTUAL AND INDUSTRIAL PROPERTY
Subiranas i Camps, S.L. is the sole holder of the intellectual and industrial property rights to the design and contents of the www.artgaudi.com website unless another ownership is expressly stated. The unauthorised reproduction, distribution or transformation of such contents constitutes a violation of the intellectual and industrial property rights of Subiranas i Camps, S.L. or of the specified holder and such holders may take appropriate legal or extrajudicial action to exercise their rights.
Subiranas i Camps, S.L. shall exchange items or accept returns if products are faulty or were not delivered correctly. The guarantee does not apply to any damage or distribution errors for which Subiranas i Camps, S.L. is not responsible. If defects on a product cannot be attributed to Subiranas i Camps, S.L., the company shall not be obliged to provide replacements or accept returns. No return for reasons other than those set forth in this section or section 10 of these GCS shall be accepted.
To request an exchange or return an item, the BUYER shall contact the Customer Service Department of Subiranas i Camps, S.L. by e-mail at: email@example.com, attaching the corresponding documentation (purchase invoice). No communication by any other means shall be deemed to have been made. Upon receipt of such e-mail, which is an essential part of the process, Subiranas i Camps, S. L. shall contact the BUYER and detail how it plans to exchange or accept the return of the item at its expense.
For returns, Subiranas i Camps, S.L. shall reimburse the amount paid by the BUYER no later than 30 days as of the receipt of the initial communication by the BUYER. Subiranas i Camps, S.L. shall reimburse only the cost of the product and the corresponding VAT amount (where appropriate) as stated on the invoice for the product purchased. Under no circumstances shall Subiranas i Camps, S.L. reimburse the shipping costs or any other expenses relating to the return; such costs shall be met by the BUYER. The BUYER shall also cover any other expenses related to such return, such as bank charges, credit card fees, PayPal expenses, etc.
10. BUYER’S RIGHT OF WITHDRAWAL
In accordance with Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Protection of Consumers and Users and other complementary laws, the BUYER shall have seven working days to exercise his/her right of withdrawal. Such period shall be calculated as of the receipt by the BUYER of the product purchased. In order to determine the BUYER’s compliance with the time limit, the date of issue of the withdrawal statement shall be taken into account.
Withdrawal by the BUYER shall be deemed to have been effected when, within the legally established period of seven working days, he/she contacts the Customer Service Department of Subiranas i Camps, S.L. by e-mail at firstname.lastname@example.org, attaching the corresponding documentation (purchase invoice). No communication by any other means shall be deemed to have been made.
Products being returned shall be in perfect condition, without any marks, scratches, stains or signs of wear, and in their original packaging. The time limits and reimbursements set forth in section 9 of these GCS shall apply.
In accordance with Article 102 of the General Law for the Protection of Consumers and Users and Article 45 of Law 7/1996 on Retail Trade, of 15 January, the right of withdrawal shall not apply to sales transactions with a BUYER whose domicile is outside Spanish territory unless otherwise agreed.
11. GOVERNING LAW AND JURISDICTION
By accepting these GCS, the BUYER expressly agrees to abide by Spanish law and courts, recognising their full competence to hear any dispute arising from the dealings between the BUYER and Subiranas i Camps, S.L. under the provisions of European Regulation 44/2001 and waiving the possibility of applying any other legal system or appealing to any courts other than those established under Spanish law. Such agreement to abide by Spanish courts and law shall apply to all dealings and disputes between the BUYER and Subiranas i Camps, S.L., irrespective of the BUYER’s domicile and the place of delivery of the goods. In the event of a discrepancy between the contents of any translated versions of these GCS and the original Spanish version, the Spanish language version shall prevail.