This document (together with all documents referred to herein) sets forth the terms and conditions governing the use of this website and the purchase of products on this website (the “Terms”).
REGISTRATION OF PERSONAL DATA
In accordance with the provisions of the General Data Protection Regulation (EU Regulation 2016/679), we inform you that the personal data collected by THE COMPANY, through the forms provided on its pages, will be processed under the responsibility of the Data Controller, based on your consent and in order to facilitate, expedite and fulfill the commitments established between THE COMPANY and the User or the maintenance of the relationship established in the forms filled out by the User, or to meet a request or query from the User.
Personal data will be kept for the period of time established by current legislation. They will not be disclosed to third parties and no international transfer of data is foreseen.
You can exercise your rights of access, rectification, deletion, portability, limitation and opposition to their treatment, by writing to the data controller THE COMPANY with address at Calle Portaferrissa 7-9 or by e-mail to email@example.com. You can also exercise the protection of their rights before the Spanish Agency for Data Protection.
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR).
Royal Decree 1720/2007, of December 21, 2007, approving the Regulations for the development of Organic Law 15/1999, of December 13, 1999, on the Protection of Personal Data (RDLOPD).
Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce (LSSI-CE).
PRINCIPLES APPLICABLE TO THE PROCESSING OF PERSONAL DATA
The processing of the User’s personal data shall be subject to the following principles set forth in Article 5 of the GDPR:
Principle of lawfulness, fairness and transparency: the consent of the User will be required at all times after fully transparent information of the purposes for which personal data are collected.
Purpose limitation principle: personal data will be collected for specified, explicit and legitimate purposes.
Principle of data minimization: the personal data collected will be only those strictly necessary in relation to the purposes for which they are processed.
Principle of accuracy: personal data must be accurate and always up to date.
Principle of limitation of the storage period: personal data will only be kept in such a way as to allow the identification of the User for the time necessary for the purposes of their processing.
Principle of integrity and confidentiality: personal data will be treated in a way that guarantees its security and confidentiality.
Principle of proactive responsibility: the Controller shall be responsible for ensuring that the above principles are complied with.
CATEGORIES OF PERSONAL DATA
The categories of data processed on the website are only identifying data. In no case are special categories of personal data processed within the meaning of Article 9 of the GDPR.
LEGAL BASIS FOR THE PROCESSING OF PERSONAL DATA
The legal basis for the processing of personal data is consent. THE COMPANY undertakes to obtain the express and verifiable consent of the User for the processing of his/her personal data for one or more specific purposes.
The User shall have the right to withdraw his/her consent at any time. It will be as easy to withdraw consent as to give it. As a general rule, withdrawal of consent will not condition the use of the Web Site.
In the occasions in which the User must or may provide his/her data through forms to make inquiries, request information or for reasons related to the content of the Website, he/she will be informed in case the completion of any of them is mandatory because they are essential for the proper development of the operation performed.
RETENTION PERIODS OF PERSONAL DATA
Personal data will be retained until the User requests its deletion.
At the time the personal data is obtained, the User will be informed about the period for which the personal data will be kept or, when this is not possible, the criteria used to determine this period.
The User’s personal data will not be shared with third parties.
In any case, at the time the personal data is collected, the User will be informed about the recipients or categories of recipients of the personal data.
PERSONAL DATA OF MINORS
Respecting the provisions of Articles 8 of the RGPD and 13 of the RDLOPD, only those over 14 years of age may give their consent to the processing of their personal data in a lawful manner by THE COMPANY. In the case of a minor under 14 years of age, the consent of the parents or guardians is required for the processing, and the processing will only be considered lawful to the extent that the parents or guardians have authorized it.
2. OUR DATA
The sale of articles through this website is carried out under the name Jordi Labanda by the company (Illustrations Sur Mer Projects), a company of (Barcelona) with address at (Calle Portaferrissa 7-9), registered in the (Registro Mercantil de Barcelona with telephone (933040011) and e-mail (firstname.lastname@example.org).
3. YOUR DATA AND YOUR VISITS TO THIS WEBSITE
The information or personal data you provide about yourself will be treated in accordance with the provisions of the Data Protection Policies.
By using this website you consent to the processing of such information and data and declare that all information or data provided by you are truthful and correspond to reality.
4. USE OF OUR WEBSITE
By using this website and placing orders through this website you agree to:
i. To make use of this website only for legally valid inquiries or orders.
ii. Do not place any false or fraudulent orders. If it could reasonably be considered that such a request has been made, we shall be entitled to cancel it and inform the relevant authorities.
If you do not provide us with all the information we need, we will not be able to process your order. By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.
5. SERVICE AVAILABILITY
The items offered through this website are only available for shipment to Spanish territory.
6. HOW TO PLACE AN ORDER
To place an order, you must follow the online purchase procedure and click on “Authorize payment”. You will then receive an e-mail acknowledging receipt of your order (the “Order Confirmation”). We will also inform you by e-mail that the product is being shipped (the “Shipment Confirmation”).
7. TECHNICAL MEANS TO CORRECT ERRORS
In the event that you detect that an error has occurred when entering your personal data during your registration as a user of this website, you can modify them in the “My Account” section or in the “user profile”.
This website displays confirmation windows in various sections of the purchase process that do not allow you to proceed with the order if the data in these sections have not been provided correctly.
This website also provides details of all the items you have added to your basket during the checkout process, so that you can modify the details of your order before making the payment.
If you detect an error in your order after the completion of the payment process, you should immediately contact our customer service department at the above telephone number or e-mail address to correct the error.
8. PRODUCT AVAILABILITY
All orders are subject to product availability. If there are difficulties in the supply of products or if there are no items left in stock, we will refund any amount you may have paid.
Unless there are circumstances arising from the customization of the products, or unforeseen or extraordinary circumstances occur, we will ship the order consisting of the product/s listed in each Shipping Confirmation within the period indicated on the website according to the shipping method selected and, in any case, within a maximum period of 15 days from the date of the Order Confirmation.
Regarding the virtual gift card, in the case that we enable it if you pay by using it, we will send it on the date indicated by you when placing the order.
If for any reason we are unable to meet the delivery date, we will inform you of this circumstance and give you the option to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid.
Please note, however, that we do not deliver to your home on Saturdays or Sundays, except in the case of the virtual gift card, which will be delivered on the date indicated by you.
10. IMPOSSIBILITY OF DELIVERY
If we are unable to deliver your order, we will try to find a safe place to drop it off.
If we cannot find a secure location, your order will be returned to our warehouse. We will also leave you a note explaining where your order is and how to have it reshipped to you.
If you will not be at the place of delivery at the agreed time, please contact us to arrange delivery on another day. In the event that 10 days after your order is available for delivery, the order has not been delivered for reasons not attributable to us, we will understand that you wish to withdraw from the contract and we will consider it terminated.
11. TRANSFER OF RISK AND OWNERSHIP
The risks of the products shall be borne by you from the moment of delivery. You will acquire ownership of the goods when we receive payment in full of all amounts due in respect of the goods, including delivery charges, or at the time of delivery (as defined in clause 9 above), whichever is later.
12. PRICE AND PAYMENT
The prices on the website include VAT, but exclude shipping costs, which will be added to the total amount due as set out in our Buying Guide – Shipping.
Prices may change at any time, but (except as set out above) any changes will not affect orders in respect of which we have already sent you an Order Confirmation.
Once you have selected all the items you wish to purchase, they will be added to your cart and the next step will be to process the order and make the payment.
To do so, you must follow the steps of the purchase process, filling in or checking the information requested at each step. Likewise, during the purchase process, before making the payment, you will be able to modify the data of your order.
You will be able to use as means of payment the cards that we enable.
You may also pay all or part of the price of your purchase with a gift card if we qualify.
Credit cards will be subject to checks and authorizations by the credit card issuer, but if the credit card issuer does not authorize payment, we will not be liable for any delay or non-delivery and will not be able to enter into any contract with you.
13. VALUE ADDED TAX AND INVOICING
In accordance with the provisions of Article 68 of Law 37/1992, of December 28, 1992, on Value Added Tax, the delivery of the goods shall be deemed to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla.
The applicable VAT rate shall be that legally in force at any given time depending on the specific item in question.
In orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT in accordance with the provisions of Article 21 of Law 37/1992, without prejudice to the application of taxes and duties in accordance with the regulations in force in each of these territories. You expressly authorize us to issue the invoice in electronic format, although you may at any time indicate your wish to receive a paper invoice, in which case we will issue and send the invoice in this format.
14. RETURNS POLICY
14.1 Legal right to withdraw from the purchase Right of withdrawal
If you are contracting as a consumer and user, you have the right to withdraw from this contract within 15 calendar days without justification.
The withdrawal period shall expire 5 calendar days from the day on which you or a third party indicated by you, other than the carrier, acquired the material possession of the goods or in case the goods making up your order are delivered separately, 10 calendar days from the day on which you or a third party indicated by you, other than the carrier, acquired the material possession of the last of those goods.
In order to exercise the right of withdrawal, you must notify us of your decision to withdraw from the contract by means of an unequivocal statement (e.g. a letter sent by post or e-mail) to the details we have provided to you from THE COMPANY by e-mail and postal notification. You may use the model withdrawal form attached as an Annex to these Conditions, although its use is not mandatory.
In order to meet the withdrawal deadline, it is sufficient that the communication concerning your exercise of this right is sent before the expiration of the withdrawal period.
Consequences of withdrawal
In the event of withdrawal by you, we will refund to you all payments received from you, including the costs of delivery (with the exception of the additional costs resulting from your choice of a mode of delivery other than the least expensive mode of ordinary delivery offered by us) without undue delay and, in any event, no later than 10 calendar days from the date on which we are informed of your decision to withdraw from this contract.
We will proceed to make such refund using the same means of payment used by you for the initial transaction, unless you indicate otherwise, expressly detailing the means of payment through which you want us to make the refund. You will not incur any expenses as a result of the reimbursement.
In case of any damage to the product, we reserve the right not to carry out the return procedure.
If you contract as a consumer and user, we offer warranties on the products we sell through this website, in the terms legally established for each type of product, responding, therefore, for the lack of conformity of the same that is manifested within two years from the delivery of the product.
It is understood that the products are in conformity with the contract provided that (i) conform to the description made by us and possess the qualities that we have presented on this website, (ii) are suitable for the uses to which products of the same type are normally put; and (iii) are suitable for the uses to which products of the same type are normally put. (iii) present the usual quality and performance of a product of the same type that can be reasonably expected.
16. LIABILITY AND DISCLAIMER OF LIABILITY
Except as otherwise expressly provided in these Terms, our liability in connection with any product purchased on our website shall be strictly limited to the purchase price of such product.
However, unless otherwise provided by law, we do not accept any liability for the following losses, regardless of their origin:
i. loss of income or sales:
ii. loss of business;
iii. loss of profits or loss of contracts;
iv. loss of expected savings;
v. loss of data; and
vi. loss of management time or office hours
Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of information transmitted or obtained through this website unless otherwise expressly stated on this website.
17. INDUSTRIAL AND INTELLECTUAL PROPERTY
You acknowledge and agree that all copyright, trademark and other industrial and intellectual property rights on the materials or contents provided as part of the website belong at all times to us or to those who have licensed their use to us.
You may use such material only as expressly authorized by us or our licensors. This will not prevent you from using this website to the extent necessary to copy your order information or Contact details.
18. VIRUSES, HACKING AND OTHER COMPUTER ATTACKS
You must not misuse this website by knowingly introducing viruses, Trojan horses, worms, logic bombs or any other technologically harmful or deleterious programs or materials. You will not attempt to gain unauthorized access to this website, the server on which this website is hosted or any server, computer or database related to our website. You agree not to attack this website via a denial-of-service attack or a distributed denial-of-service attack. Failure to comply with this clause could lead to the commission of infractions typified by the applicable regulations. We will report any such breach to the relevant authorities and cooperate with them to discover the identity of the attacker. Likewise, in case of breach of this clause, you will immediately cease to be authorized to use this website. We will not be liable for any loss or damage resulting from a denial-of-service attack, viruses or any other technologically harmful or deleterious programs or materials that may affect your computer equipment, computer equipment, data or materials on account of your use of this website or your downloading of any content from or redirected to this website.
19. LINKS FROM OUR WEBSITE
In the event that our website contains links to other websites and materials from third parties, such links are provided for informational purposes only, and we have no control over the content of such websites or materials. Therefore, we accept no liability for any damage or loss arising from its use.
20. WRITTEN COMMUNICATIONS
Applicable regulations require that some of the information or communications we send you be in writing. By using this website, you agree that most of such communications with us will be electronic. We will contact you by e-mail or provide you with information by posting notices on this website.
For contractual purposes, you consent to use this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we send you electronically comply with legal requirements to be in writing. This condition shall not affect your statutory rights.
The notifications you send us should be sent through our email address (Enter email). Subject to the provisions of clause 21 above and unless otherwise stipulated, we may send communications to you either by e-mail or to the postal address provided by you when placing an order.
It will be understood that the notifications have been received and have been correctly made at the same time we inform you.
22. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The contract is binding on both you and us, as well as our respective successors, assigns and assignees. You may not convey, assign, encumber or otherwise transfer a contract or any of the rights or obligations under a contract without our prior written consent.
We may transfer, assign, encumber, subcontract or otherwise transfer a contract or any of the rights or obligations under a contract at any time during its term. For the avoidance of doubt, such transfers, assignments, encumbrances or other transfers shall not affect the rights, if any, that you, as a consumer, have recognized by law nor shall they annul, reduce or otherwise limit any warranties, whether express or implied, that we may have granted to you.
23. EVENTS BEYOND OUR CONTROL
We shall not be liable for any failure or delay in the performance of any of the obligations assumed, when the same is due to events beyond our reasonable control (“Force Majeure Cause”).
Force Majeure Causes shall include any act, event, failure to exercise, omission or accident beyond our reasonable control and among others, the following:
a. Strikes, lockouts or other industrial action.
b. Civil commotion, riot, invasion of any kind, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
c. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
d. Impossibility of using trains, ships, airplanes, motor transport or other means of transportation, public or private.
e. Inability to use public or private telecommunications systems.
f. Acts, decrees, legislation, regulations or restrictions of any government or public authority.
It shall be understood that the obligations shall be suspended during the period in which the Force Majeure Event continues, and we shall have an extension of time to fulfill such obligations for a period of time equal to the duration of the Force Majeure Event. We will use all reasonable means to bring the Force Majeure Event to an end or to find a solution that will allow us to fulfill our obligations despite the Force Majeure Event.
Our failure to require your strict performance of any of your obligations under any agreement or these Terms or our failure to exercise any rights or remedies to which we may be entitled under any such agreement or these Terms shall not constitute a waiver or limitation of any such rights or remedies or relieve you from any such obligations.
No waiver by us of any particular right or remedy shall constitute a waiver of any other right or remedy arising under a contract or the Conditions. No waiver by us of any of these Terms or of any rights or remedies under any contract shall be effective unless it is expressly stated to be a waiver and is formalized and communicated to you in writing in accordance with the Notice section above.
25. PARTIAL NULLITY
If any of these Conditions or any provision of a contract is declared null and void by a final decision issued by a competent authority, the remaining terms and conditions shall remain in force, without being affected by such declaration of nullity.
26. COMPLETE AGREEMENT
These Terms and any document expressly referred to in these Terms constitute the entire agreement between you and us relating to the subject matter hereof and supersede any prior covenants, agreements or promises made between you and us orally or in writing. You and we acknowledge that we have consented to the conclusion of a contract without having relied on any representation or promise made by the other party or that could be inferred from any statement or writing in the negotiations entered into by the two of us prior thereto, except as expressly mentioned in these Conditions.
Neither you nor we shall have any remedy in respect of any untrue statement made by the other party, whether oral or written, prior to the date of a contract (unless such untrue statement was made fraudulently) and the only remedy available to the other party shall be for breach of contract in accordance with the provisions of these Conditions.
27. OUR RIGHT TO MODIFY THESE CONDITIONS
We reserve the right to modify the Terms and Conditions. We will keep you informed of substantial changes made to them. The amendments introduced shall not be retroactive and, subject to possible exceptions depending on the specific case, shall be applicable after 1 day from the date of their publication in the corresponding notice. If you do not agree with these changes, we recommend that you do not use our website.
28. APPLICABLE LAW AND JURISDICTION
The use of our website and contracts for the purchase of products through this website shall be governed by Spanish law. Any dispute arising out of or in connection with the use of the website or such contracts shall be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals. If you are contracting as a consumer, nothing in this clause shall affect your rights as a consumer under current legislation.
Except in those cases in which the exclusion of liability is legally limited, we are not liable for damages that may arise for you or third parties.
30. INTELLECTUAL, INDUSTRIAL AND OTHER PROPERTY RIGHTS
The products we market are owned or controlled by the Company or by third parties who have authorized their use. All of the foregoing, taken together, shall hereinafter be referred to as the “Property”.
The user agrees not to remove, delete, alter, tamper with or in any way modify:
– Those notes, legends, indications or symbols that either the Company or the legitimate owners of the rights incorporate to their properties in matters of intellectual or industrial property (such as, for example, copyright, ©, ® and ™, etc.).
– Technical protection or identification devices that the Property may contain (e.g., watermarks, fingerprints, etc.).
Users are not authorized to copy, distribute (including e-mail and Internet), transmit, communicate, modify, alter, transform, transfer or in any other way engage in activities involving the commercial use of the Property, whether in whole or in part, without the express written consent of the legitimate owner of the exploitation rights.
Access to and use of the Property shall always and in all cases be for strictly personal and non-commercial purposes.
The Company reserves all rights over the Property, including, but not limited to, all intellectual and industrial property rights it holds over the same.
The Company does not grant any other license or authorization of use to the user on its Property other than that expressly detailed in this clause. The Company reserves the right to terminate or modify at any time and for any reason the licenses granted under these Terms.
Without prejudice to the foregoing, the Company may take legal action against any use by the user which: – does not comply with the terms and conditions specified herein; – infringes or violates the intellectual and industrial property rights or other similar rights of the Company or any other legitimate third party owner; or infringes any applicable regulations.