1. GENERAL PROVISIONS
The present legal conditions are subject to the legal regulations governing on-line sales of products and services, such as the Act 7/1996 of 15 January on a Regulatory Framework for Retail Trade (amended by Act 47/2002); the Act 34/2002 of 11 July on Information Society Services and Electronic Commerce (amended by the Royal Decree Law 13/2012 of 30 March); the Royal Legislative Decree 1/2007 of 16 November, approving the revised text of the General Law on the Protection of Consumers and Users; Act 3/2014 of 27 March, amending therevised text of the General Law on the Protection of Consumers and Users and other supplementary laws, approved by the Royal Legislative Decree 1/2007 of 16 November, the Act 44/2006 of 29 December on Improving the Protection of Consumers and Users; the Royal Decree 1906/1999 of 17 December 1999 establishing the Telephone and Electronic Contracting with general conditions; the Organic Law 15/1999 of 13 December on Protection of Personal Data; The Royal Decree 1720/2007 of 21 December, which approves the regulation implementing Organic law 15/1999 of 13 December on the Protection of Personal Data; the Act 56/2007 of 28 December on Measures to promote an Information Society; the Act 29/2009 of 30 December which modifies unfair competition and advertising law in order to improve consumer and user protection; the State Telecommunications Act 32/2003 (amended by the Royal Decree Law 13/2012 of 30 March).
The Seller reserves the right to modify the following General Provisions in order to adapt them to the in force applicable legislation in every moment, the jurisprudential innovations and the habitual practices of market.
Only people with legal capacity to enter a contract relating to the goods and services offered on this website are entitled to order from it.
The user undertakes to make use of the on-line shop in accordance with the law, the General Conditions of Use and generally accepted moral standards and good practice.
The user hereby undertakes to use the Content or Services incorporated therein in a diligent and correct manner. Likewise, the user undertakes to abstain from (a) using the Content to carry out activities contrary to law, ethics, generally accepted good conduct or established public order; Likewise, it is forbidden to (b) copy, distribute, or allow the public access throughout any public communication media, transform or modify the Contents, be this partially or totally, without the express written consent of the legitimate owner of the exploitation rights; (c) to remove, ignore or manipulate the copyright and other identifying data.
It is forbidden to carry out any kind of advertising or commercial information directly, or in covert form the sending of mass mailings (spamming).
Likewise, it is not allowed to take actions for the purpose of doing harm to the on-line shop or throughout any means to the systems of the Seller, to his or her lawful holders or to third parties.
Any link made with the Contents, shall require the prior consent of the Seller and shall allow, by means of an appropriate visualization, the identification of its origin. The use of such information on other Internet sites shall require the express authorization.
The Seller reserves the right to deny or withdraw access to his/her on-line shop and/or the services offered at any time, without notice, from users who do not comply the General Terms and Conditions or infringe any of the precepts established by the Act 34/2002 of 12 July on Information Society Services and Electronic Commerce.
2. USER REGISTRATION
The access, use of certain services and applications offered in the Web, requires the prior registration of the user throughout a registration form. The data supplied by the users in the aforementioned form, shall be incorporated into a personal data file, whose owner and holder is the Seller, its processing shall be governed by the Organic Law 15/1999 of 13 December on the Protection of Personal Data and the provisions of the regulations.
Users contracting services on www.elisabetharandaluque.com hereby state to be of legal age. Minors wishing to make use of the services, must obtain the prior consent of the parents, guardians or legal representatives who will be solely responsible of the contracting carried out by the minors in their care.
MS. ELISABETH ARANDA LUQUE, with NIF 25188600-N and registered office located in C/ ANTRACITA 3 (Portería) – C.P. 28045 (MADRID). All communications shall be sent to the aforementioned registered office or to the e-mail address email@example.com.
The Seller is dedicated to on-line sale of illustrations and illustrated cards.
5. CONTENT AND INFORMATION PROVIDED ON THE WEBSITE
The Seller reserves the right to modify the commercial offering presented on the website (changes to products, prices, promotions and other commercial and service conditions) at any time. The Seller makes every effort within his/her means to provide the information contained on the website truthfully and without typographical errors. If an error of this kind occurs, being at all times beyond the Seller’s control, it will be corrected immediately. If there is a typographical error in one of the prices displayed and a customer decides to make their purchase based on that error, the Seller must notify the customer of the error and the customer is entitled to cancel his or her purchase free of charge.
Within the contents of the website the Seller, at times, may show provisional information about certain products. In the event that the information provided does not correspond to the characteristics of the product the customer is entitled to cancel his or her purchase free of charge.
6. SALES SYSTEM
To make a purchase, the user can send his/her order by making use of the “shopping basket” of the on-line shop.
7. APPLICABLE TAXES
The prices of the products displayed on the Seller’s on-line shop, include 21% of Value Added Tax (VAT), applicable to all products sent within Spanish territory and those to be delivered within the territory of any of the member states of the European Union excluding the Canary Islands, where an indirect general tax specific to the Canary islands will be applied, the I.G.I.C. (Impuesto General Indirecto Canario).
Before confirming your order, you have the option of calculating the shipping costs depending on your delivery address. When updating the total expenditure of the shipping costs, the VAT will be added automatically to the final price.
8. METHOD OF PAYMENT
The Seller offers Users and Buyers the option of paying for their purchases by:
Purchases can be paid throughout bank transfer. At the end of the order, the account number of our banking institution is provided. Once the transfer has been made by the customer, he/she shall forward the payment receipt using the following e-mail address: firstname.lastname@example.org.
Once the transaction is completed, the order will be prepared in our department stores and sent to the address provided.
It is important to specify under the transference concept the order number so as to identify the payment made. If the customer fails in their obligation, we will not be responsible for the delay.
Credit card purchases (it is not necessary to have a PayPal account) or PayPal account, by means of PayPal’s integration guide which will redirect you to the payment page hosted by PayPal, where the payment will be made safely, returning to www.elisabetharandaluque.com after the purchase. An e-mail message will be sent to check the order status.
You can pay the total amount of your purchase by credit or debit card (Visa, MasterCard, American Express, Discover, Diners Club, JCB). We use a secure and encrypted payment system with SSL certificate.
9. EXPENSES, TERMS AND SHIPPING CONDITIONS
The territorial scope of sales through the shop is exclusively for Spanish territory (Iberian Peninsula and Balearic Isles, except for the Canary Islands, Gibraltar, Ceuta and Melilla), Germany, Andorra, Austria, Bulgaria, Belgium, Cyprus, Croatia, Denmark, Slovakia, Slovenia, Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Mónaco, Netherlands, Poland, Portugal, United Kingdom, Czech Republic, Romania, San Marino and Sweden, except for the overseas territories of the countries named.
Our shipments are 4,00 € for Spain in all our products. For the Balearic Isles are 4,00 €. For the remaining countries, shipments are 12,00 € each.
Please, make sure that the shipping costs will be added when making the purchase, if required.
All prices published on this page correspond to the single currency “euro”.
Customers whose country of residence handles a currency different from the euro, must take into account that the financial institutions in charge of the online shop payment methods, will always take the equivalence of such currency for the purchase. If for reasons beyond the Seller’s control the equivalence is not made existing an exchange difference, then the Seller will forward such notice to the Customer due to the fact that the order will not be taken into consideration until the payment is 100% purchased in euros.
All shipments will be carried out through the Spanish Postal Service CORREOS. Shipments to post-office boxes and other non-permanent addresses will not be accepted.
The order will be sent to the address specified in the moment of the purchase. The Seller is not responsible for delivery problems if the customer provides an incomplete or inaccurate address.
We recommend checking the correctness of the address since it cannot be modified once the shipment has been made. If you require a shipment alternative, please contact us and we will be pleased to help you.
Once the order has been received, the merchandise will be delivered within 4 working days at the latest, from the day the order is made. An e-mail will be sent in the moment of the shipment to inform you.
For orders including several products, and being some of those missing, the delivery will be delayed some days if such products are scheduled to arrive in due course. If not, the order will be sent in the period prescribed and later, the remaining products once they have been paid in advance.
Delivery times are specified for each product, but they may vary depending on the dates or the availability of the product in stock.
If the order cannot be processed, we will contact you by e-mail as soon as possible so as to offer an alternative or to refund the corresponding price.
If the merchandise is damaged during transit, please contact us immediately via email@example.com in order to solve promptly the issue.
Any damage claim must be communicated within forty-eight (48) working hours in Spain following the shipment receipt so as to file a claim to the carrier.
For claims regarding lack of shipment, please contact us immediately via the following e-mail address firstname.lastname@example.org. We recommend to please wait 7 working days within Spain and 15 days for the rest of Spanish territory and orders outside Spain following the date of the arrival of the e-mail communicating the shipment of the order.
10. RETURN POLICY
If you receive a damaged product or it is different from the one requested, you can return or exchange it within FOURTEEN (14) calendar days only if the delivery note includes the poor condition of the product or the fact that it is an unsolicited order. In such case, costs shall be borne by the Seller.
For further information about how to return products of our on-line shop, please contact our Customer Service Department via e-mail: email@example.com.
Once the notification has been received, the Seller will contact the customer so as to inform about how to proceed. As a rule, these are the steps to follow:
The product must be returned to the address specified on the invoice that will be received by regular mail, including the following information:
1. Personal data
2. E-mail address
3. Order number
4. Reason for return
5. Arrival and return dates
Please, return the product using its original packaging including all wrapping accompanying the product.
Once the returned merchandise has been received, we will proceed to carefully examine the returned product and contact the customer by e-mail within a reasonable time if he/she continues with the return or exchange (if it is the case). The return or exchange of the product will be carried out as soon as possible and, in any case, it will be made within 14 days following the date of the e-mail confirming that the return or exchange of the product requested is in process.
If the product or products cannot be exchanged, the full amount purchased will be fully refund for those products returned because they are defective (if the conditions for refund are met); including the delivery costs produced by both, the delivery of the product and those purchased by the customer when returning it.
Partial returns and cancellations will lead to partial refunds of the amount purchased by the product. Shipping, refund and packaging costs will not be reimbursed in case of partial returns.
Refund will be made to the credit card used to make the payment or throughout bank transfer to an account where the holder is the same person who did the order. These data will be sent by the customer via e-mail.
RIGHT OF WITHDRAWAL
The 27 March the Act 3/2014 of 27 March was approved, amending the revised text of the General Law on the Protection of Consumers and Users and other supplementary laws. The law adopts to the national law the EU Directive 2011/83 on Consumer Rights.
Contracts concluded after 13 June 2014, shall be governed by the new regulations.
You have the right to withdraw this sales contract with www.elisabetharandaluque.com within 14 calendar days without justification. The withdrawal period therefore ends 14 calendar days after you, or third parties chosen by you, had the material possession of the product.
To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the following attached model withdrawal form: Formulario-desestimiento, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
The return charge of the product will be always purchased by the customer unless the product was mistaken or damaged. If the product has not been paid in advance, the return will not be accepted.
In case of withdrawal, all payments received from you will be reimbursed, without including the delivery charges, within 14 calendar days from the day on which we are informed of your decision to withdraw from the purchase contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. The customer will have to bear the direct costs of the return and no return will be accepted unless they have been paid in advance.
No refund will be made whenever the products are not in the same conditions as they were received or they have been used by the customer.
11. CUSTOMER OBLIGATIONS
The customer of the Seller agrees at all times to provide truthful information about the data requested on the user registration form or when placing an order, and to keep this information updated at all times.
The customer agrees to accept all the terms and conditions contained in these General Terms and Conditions with the understanding that they include the best possible service for the type of business developed by the Seller.
Moreover, the customer agrees to keep their personal passwords to our website confidential with the utmost care.
The customer agrees to permit the delivery of the order requested by providing a delivery address where the order can be delivered within the usual time of delivery of goods). The personal data of the delivery must appear correctly on the mailbox so the courier service is able to identify the recipient.
If the client fails in their obligation, the Seller will not be responsible for the delay or inability to deliver the order requested by the customer.
12. APPLICABLE LAW AND JURISDICTION
THE SELLER AND USER-CLIENT, expressly waiving their right to any other jurisdiction, subject themselves to the Courts and Tribunals of the registered address of the User for any discrepancies that may arise from accessing this website. Should the USER-CLIENT have his or her domicile outside Spain, THE SELLER and THE USER-CLIENT SUBJECT THEMSELVES expressly waiving their right to any other jurisdiction, to the Courts and Tribunals of capital Madrid (Spain).