GENERAL CONDITIONS OF SALE
1. GENERAL INFORMATION
The ownership of this website, esculturaclasica.com, (hereinafter Web Site) is held by: Proart, s.a., provided with NIF: A-286 71 550 and registered in: Commercial Registry of Madrid and its registration data are: T 1551, F 172, S 8, H M 28483 and whose contact information is:
Adress: C / Huertas de Abajo, 6. 28860
Paracuellos de Jarama Madrid (Spain)
Tel. 91 0 334 830
This document (as well as any other document mentioned here) regulates the conditions governing the use of this Website (esculturaclasica.com) and the purchase or acquisition of products and / or services (hereinafter, Conditions).
For the purposes of these Conditions it is understood that the activity that Proart, s.a. developed through the Website includes: Manufacture and commercialization of sculpture reproductions.
Also, it is informed that these Conditions could be modified. The User is responsible for consulting them every time they access, browse and / or use the Website, since those that are in force at the moment in which the acquisition of products and / or services will be requested.
For all questions that the User may have in relation to the Conditions, you can contact the owner using the contact information provided above or, if applicable, using the contact form.
2. THE USER
The access, navigation and use of the Website, confers the condition of user (hereinafter referred to, indistinctly, individually as a User or jointly as Users), so that they are accepted, since the navigation of the Website begins, all the Conditions established herein, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance as the case may be.
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 purchase. If it could reasonably be considered that a purchase of this nature has been made, it could be annulled and the relevant authorities informed.
• Provide truthful and lawful contact data, for example, email address, Postal address and / or other information.
The User declares to be over 18 years of age and have the legal capacity to enter into contracts through this Website.
The User may formalize, at his election, with Proart, s.a. the Contract of sale of the desired products and / or services in any of the languages in which these Conditions are available on this Website.
3. PURCHASE OR ACQUISITION PROCESS
The Users can buy on the Website by the means and established forms. They must follow the procedure of purchase and / or acquisition online of esculturaclasica.com, during which several products and / or services can be selected and added to the cart, basket or final space of purchase and, finally, click on 'Buy now' .
Likewise, the User must fill in and / or check the information that is requested in each step, although, during the purchase process, before making the payment, the purchase data can be modified.
Next, the User will receive an email confirming that Proart, s.a. you have received your order or request for purchase and / or provision of the service, that is, the order confirmation and, if applicable, you will be informed, also, by email when your purchase is being sent.
Once the purchase procedure has been completed, the User consents that the Website generates an electronic invoice that will be sent to the User via email. Likewise, the User may, if he wishes, obtain a copy of his paper invoice, requesting it from Proart, s.a., using the contact spaces of the Website or through the contact information provided above.
The User acknowledges to be current, at the time of purchase, certain particular conditions of sale that concern the product and / or service in question and that are displayed next to the presentation or, where appropriate, image of it on your page of the Website, indicating, by way of example, but not exhaustive, and taking into account each case: name, price, components, weight, quantity, color, details of the products, or characteristics, how they will be carried out and / o cost of benefits; and acknowledges that the execution of the purchase order or acquisition materializes the full and complete acceptance of the particular conditions of sale applicable to each case.
All purchase orders received by Proart, s.a. through the Website are subject to the availability of the products and / or that no circumstance or cause of force majeure (clause nine of these Conditions) affects the supply thereof and / or the provision of services. If there are difficulties in the supply of products or no products remain in stock. Proart, s.a. agrees to contact the User and reimburse any quantity that may have been paid as an amount.
5. PRICES AND PAYMENT
The prices displayed on the Website are the final ones, in Euros (€) and include taxes, except that due to legal requirements, especially in relation to VAT, a different issue is indicated and applied.
However, unless otherwise indicated, otherwise the prices of the items offered exclude shipping costs, which may be incurred, which will be added to the total amount due to the time of handling the shipping procedure by the User, and where it will consult the methods and shipping costs available and freely choose the one that suits you best.
In no case will the Website add additional costs to the price of a product or service automatically, but only those that the User has selected and chosen voluntarily and freely.
Prices may change at any time, but possible changes will not affect orders or purchases with respect to which the User has already received an order confirmation.
The means of payment accepted will be: PayPal and bank transfer.
If the means of payment is PayPal or credit or debit card the charge will be made at the time Proart, s.a. send a confirmation of the purchase order or purchase of products and / or services to the User.
In any case, by clicking on 'Buy now' the User confirms that the payment method used is his or that, where appropriate, is the legitimate holder of the credit or debit card.
Purchase or purchase orders in which the User selects as a means of payment the bank transfer will be reserved for 5 calendar days from the order confirmation in order to leave enough time for the bank transfer to be taken into account by the system of payments used by Proart, s.a. for the Website. When the system receives the transfer, the order will be prepared and managed for shipment. Through this payment method, the User must ensure that he correctly enters the exact amount of the purchase order, as well as the account number and the reference of the transfer. In case of error, Proart, s.a. will not be able to validate the order, which will be canceled.
In the cases in which it is necessary to carry out the physical delivery of the contracted good, deliveries will be made within the following territory: Spain (Peninsula and Balearic Islands) and European Union.
Except in those cases in which there are unforeseen or extraordinary circumstances or, as the case may be, arising from the personalization of the products, the purchase order consisting of the products related in each purchase confirmation will be delivered within the term indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation.
If for any reason, which was attributable to you, Proart, s.a. cannot meet the delivery date, contact the user to inform you of this circumstance and he may choose to proceed with the purchase by establishing a new delivery date or cancel the order with full refund of the price paid. In any case, home deliveries are made on work days.
If it is impossible to deliver the order due to the absence of the User, the order could be returned to the warehouse. However, the carrier would leave a notice explaining where the order is located and how to make it delivered again. If the User is not going to be at the place of delivery within the agreed time slot, he should contact Proart, s.a. to arrange delivery another day.
In the event that 30 days have elapsed since your order is available for delivery, and has not been delivered for reasons not attributable to Proart, s.a., Proart, s.a. you will understand that the User wishes to desist from the contract and this will be considered resolved. As a result of the termination of the contract, all payments received from the User will be returned, with the exception of the additional costs resulting from the User's own choice of a delivery method different from the less expensive mode of ordinary delivery offered by the Website, without any undue delay and, in any case, within a maximum period of 14 days from the date on which the contract is considered terminated.
However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on to him.
For the purposes of these Conditions, it will be understood that the delivery has taken place or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires the material possession of the products, which will be accredited through the signature of the reception of the order at the agreed delivery address.
The risks that the products could derive will be borne by the User from the moment of delivery. The User acquires ownership of the products when Proart, s.a. receives full payment of all amounts owed in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if it occurs at a later time after the full receipt of the amount paid for Proart, s.a.
In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of the articles will be understood to be located within the scope of Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the legally valid one at all times depending on the specific article in question.
In the orders with destination to the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of Article 21 of Law 37/1992, without prejudice to the application of taxes and duties in accordance with current regulations in each of these territories.
In this regard, and in accordance with Chapter I of Title V of Council Directive 2006/112 of November 28, 2006 on the common VAT system, purchase orders will be located, for delivery and /or benefit , in that Member State of the European Union in which the address appearing in the purchase order is located and, therefore, the applicable VAT will be that valid in that Member State.
7. TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that if he detects that an error has occurred when entering the necessary data to process his purchase request on the Website, he may modify them by contacting Proart, s.a. through the contact spaces enabled on the Website, or using the contact information provided in the first clause.
Likewise, the User is referred to consult the Legal Notice and General Conditions of Use to obtain more information on how to exercise their right of rectification as established in the Organic Law 15/1999, of December 13, of Data Protection of Personal character.
In cases where the User purchases products on or through the owner's Website, they are assisted by a series of rights, as listed and described below:
Right of withdrawal.
The User, as a consumer and user, makes a purchase on the Website and, therefore, has the right to desist from said purchase within a period of 14 calendar days without the need for justification.
This withdrawal period will expire 14 calendar days from the day that the User or a third party authorized by it, other than the carrier, acquired the material possession of the goods acquired on the website of esculturaclasica.com or if the goods that make up your order are delivered per separate, at 14 days of the day that the User or a third party authorized by it, other than the carrier, acquired the material possession of the last of those goods that made up the same purchase order.
To exercise this right of withdrawal, the User must notify Proart, s.a.
You may do so, where appropriate, through the contact spaces enabled on the Website or through:
Tel. 91 0 334 830
The User, regardless of the means he chooses to communicate his decision, must express clearly and unequivocally that it is his intention to desist from the purchase contract. In any case, the User may Use the model withdrawal form that Proart, s.a. makes available to you as an attached party to these Conditions, however, its use is not mandatory.
To meet the withdrawal period, it is enough that the communication that unequivocally expresses the decision to desist is sent before the corresponding deadline expires.
In case of withdrawal, Proart, s.a. will reimburse the User for all payments received, including shipping costs (with the exception of the additional expenses chosen by the User for a different mode of delivery to the less expensive mode offered on the Web Site) without undue delay and, in any case , at the latest, 14 calendar days from the date on which Proart, s.a. is informed of the decision to desist by the User.
The user will be reimbursed using the same payment method used by him to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, Proart, s.a. you may withhold said reimbursement until you have received the products or items from the purchase, or until the User submits proof of the return of the same, depending on which condition is met first.
The User may return or send the products to Proart, s.a. in:
Address: C / Huertas de Abajo, 6. 28860
Paracuellos de Jarama Madrid (Spain)
And you must do so without undue delay and, in any case, at the latest within 14 calendar days from the date on which Proart, s.a. was informed of the decision to withdraw.
The User acknowledges that they must assume the direct cost of return (transportation, delivery) of the goods, if any were incurred. In addition, it will be responsible for the decrease in the value of the products resulting from handling other than that necessary to establish the nature, characteristics and operation of the goods.
The User acknowledges that there are exceptions to the right of withdrawal, as set out in the article approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws. This would be the case of personalized products.
In this same sense, the provision of a service that the User could contract in this Web Site is governed, since this same Law establishes that the Right of withdrawal to Users will not be present when the provision of the service has been completely executed, or when it has begun, with the express consent of the consumer and user and with the recognition on his part that it is aware that, once the contract has been fully executed by Proart, s.a., you will have lost your right of withdrawal.
In any case, no refund will be made if the product has been used beyond the mere opening thereof, of products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.
Likewise, the products must be returned using or including all their original packaging, instructions and other documents that accompany them, as well as a copy of the purchase invoice.
Dismissal form model:
For the attention of:
Proart, s.a. con NIF: A-28671550
C / Huertas de Abajo, 6, 28860, Paracuellos de Jarama, Madrid, Spain.
Phone: 910 334 830
I hereby communicate / communicate(*) that I give up my / we desist from our (*) contract of sale of the following good / benefit of the following
(*)Delete as appropriate.
Name of the consumer or consumers:………………………………………………………….………..……
Date of receipt of the order:…………………………………..of……………………………...of 20………………
Bank account for refund of charges:………………………………………
CP:……………………….. Location:…………………………… Province:………………………….…….
.......In ………………………., To … of ……………………..of 20..…
Signature of the consumer and user or consumers:
Return of defective products or error in shipping:
These are all cases in which the User considers that, at the time of delivery, the product does not comply with the provisions of the contract or purchase order, and therefore, must contact Proart, sa immediately and let you know the existing disagreement (defect / error) by the same means or using the contact information provided in the previous section (Right of Withdrawal).
The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable time, if the refund or, if applicable, the replacement thereof.
The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days after the date on which the User receives an email confirming that the refund or replacement of the non-compliant item is applicable.
The amount paid for those products that are returned due to a defect, when it actually exists, will be fully reimbursed, including the delivery costs and the costs that the User could have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.
In any case, the rights recognized in the legislation in force at all times will always be for the User, as consumer and user.
However, the products that are marketed on the Website, being manufactured by artisanal means, may present inhomogeneous characteristics as long as these derive from the type of material with which they have been manufactured or finished, and that therefore will be part of the individual appearance of the product, and they will not be a defect.
On the other hand, it could happen that the User acquires a product of a brand or manufacturing by a third party on the Website. In this case, and considering the User that it is a defective product, this also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise their right to legal guarantee directly against them. For this, the User must have kept all the information in relation to the guarantee of the products.
9. DISCLAIMER OF LIABILITY
Unless otherwise provided by law, Proart, s.a. will not accept any responsibility for the following losses, regardless of their origin:
• Any losses that were not attributable to any breach on your part.
• Any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products between both parties was formalized.
Likewise, Proart, s.a. It also limits your responsibility in the following cases:
• Proart, s.a. applies all measures concerning to provide a faithful display of the product on the Website, however, is not responsible for the minimum differences or inaccuracies that may exist due to lack of resolution of the screen, or browser problems that are used or others of this nature.
• Proart, s.a. will act with the utmost diligence to make available to the company in charge of transporting the product object of the purchase order. However, it is not responsible for damages arising from a malfunction of transport, especially for reasons such as strikes, road retentions, and in general any other specific to the sector, which result in delays, losses or theft of the product.
• Technical failures that due to fortuitous or other causes, prevent a normal operation of the service through the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents the availability of the service. Proart, s.a. puts all the means at its disposal for the purpose of carrying out the process of purchase, payment and delivery / delivery of the products, nevertheless disclaims liability for reasons that are not attributable, fortuitous event or force majeure.
• Proart, s.a. will not be responsible for the misuse and / or wear of the products that have been used by the user. At the same time, Proart, s.a. neither will be responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product.
• In general, Proart, s.a. will not be responsible for any breach or delay in the fulfillment of any of the assumed obligations, when the same is due to events that are beyond our reasonable control, that is to say, that they are due to force majeure, and this may include, by way of enunciation but not exhaustive:
•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 the use of trains, boats, 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 public authority.
In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and Proart, s.a. will have an extension in the term to fulfill them for a period of time equal to the duration of the cause of force majeure. Proart, s.a. will put all reasonable means to find a solution that allows us to fulfill our obligations despite the cause of force majeure.
10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User accepts that most of the communications with Proart, s.a. be electronic (email or notices published on the Website). For contractual purposes, the User consents to use this electronic means of communication and acknowledges that any contract, notification, information and other communications that Proart, s.a. send electronically comply with the legal requirements of being written. This condition will not affect the rights recognized by law to the User. The User can send notifications and / or communicate with Proart, s.a. through the contact information provided in these Conditions and, where appropriate, through the contact spaces of the Website. Likewise, unless otherwise stipulated, Proart, s.a. you can contact and / or notify the User in your email or in the postal address provided.
No resignation of Proart, s.a. to a specific right or legal action or lack of requirement for Proart, s.a. 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 Conditions, nor will it exempt the User from compliance with its obligations. No resignation of Proart, s.a. any of these Conditions or the rights or actions derived from a contract shall take effect, unless it is expressly establish that it is a waiver and is formalized and communicated to the User in writing.
If any of these Conditions were declared null and void by a final decision issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.
13. COMPLETE AGREEMENT
These Conditions and any document to which express reference is made in these constitute the entire agreement between the User and Proart, s.a. in relation to the object of sale and replace any other agreement, agreement or previous promise agreed verbally or in writing by the same parties. The User and Proart, s.a. they acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for that which is expressly mentioned in these Conditions.
14. DATA PROTECTION
The information or personal data provided by the User to Proart, s.a. in the course of a transaction on the Website, they will be treated in accordance with the provisions of the data protection policies (Legal Notice and General Conditions of Use). By accessing, browsing and / or using the Website, the User consents to the processing of said information and data and declares that all the information or data provided is true.
15. APPLICABLE LEGISLATION AND JURISDICTION
The access, navigation and / or use of this Website and the contracts to purchase products through it will be governed by Spanish legislation. Any controversy, problem or disagreement that arises or is related to the access, navigation and / or use of the Website, or with the interpretation and execution of these Conditions, or with the sale agreements between Proart, s.a. and the User will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.
16. COMPLAINTS AND COMPLAINTS
The User can send Proart, s.a. your complaints, claims or any other comment you wish to make through the contact information provided at the beginning of these Conditions (General Information).
In addition, Proart, s.a. it has official complaint forms available to consumers and users, and they can request Proart, s.a. at any time, using the contact information provided at the beginning of these Conditions (General Information).
Also, if the conclusion of this purchase contract between Proart, s.a. and the User emanates a controversy, the User as a consumer may request an extrajudicial solution of disputes, in accordance with Regulation UE Nº 524/2013 of the European Parliament and of the Council, of May 21, 2013, on resolution of online litigation in consumer matter and amending Regulation (EC) No. 2006/2004 and Directive 2009/22 / EC. You can access this method through the website: http://ec.europa.eu/consumers/odr/.
Last modified: 11/21/2017