I. PURPOSE AND AMBIT OF APPLICATION.
The present stipulations have as the regular aim the use of the eletrônic sales services of the different goods and services offered by ESBOZOS TOT EN ART, S.L., mercantile company that operats through internet, from its website www.totenart.com, selling to its clients products and services related to Fine Arts.
The clauses of these general conditions are linked to both parts and form full and inseparable part of the contract of purchase and sale which the effectiveness operates in the moment of the subscripcion of order at the instance of the cliente, through the contracting mechanisms the were specified previously, all in complience with the art. 1.255 of the civil code that joins the autonomy of good will principle and pacts between the contractors. For all effects, it is understood that the customer/user accepts the conditions related here if you click the box "I have read and agree to the terms and conditions" that appears in the purchasing process.
To garantee, in its integrity, the rights of the customers and users of the service of purchasing and selling of ESBOZOS TOT EN ART, S.L., the present general conditions are established in conformity to the law 26/84 of July the 19th, for the defence of customers and users, law 7/98 of April the 13th, for general conditions of contracting, law 7/96 of January the 15th, of ordinance of the retailing market, civil code, directive 2000/31 CE of the european parliament and of the council of June the 8th, law 34/2002, of July the 11th, of the services of the society of information and eletronic commerce and the normative that rules them.
II. IDENTIFICATION AND CORPORATE NAME OF THE OFFERER COMPANY.
ESBOZOS TOT EN ART S.L., as the provider of its sales services through the eletronic commerce via internet, has its corporate domicile established in Spain, at 35B Corona street, Valencia, registered in the commercial registration of Valencia, tomo 7875, libro 5169, folio 206, hoje V-98417, 1st incription, provided of CIF B97488019.
ESBOZOS TOT EN ART S.L. provides its sales services via internet, in the website: "http://totenart.com. The domicile, for complaints matters, corresponds to the one indicated as the corporate domicile of the company.
The present general conditions rule the sales services delivery, hiring of the products and services offered by ESBOZOS TOT EN ART, S.L. and the publicity addressed to its customers/users, all through its website, as well as the rights and obligations of the derivated parts of the buying and selling operations agreed between the parties. In some particular cases, the customer will be able to opt to collect a determinate article at the headquarters of ESBOZOS TOT EN ART, S.L. whenever he or she wishes, as long as it has been previously informed by a telephone call.
IV. INTELLECTUAL AND INDUSTRIAL PROPERTY .
The rights related to the Intellectual and industrial property (by way of information) without limitation of the brands, logotypes, texts, photographs, icons, images..., as well as the graphic design, source code and other elements of software contained in website http://www.totenart.com, are property of ESBOZOS TOT EN ART, S.L. or the wholesale companies and manufactures of products and services offered. However, they are subjected to the rights of intellectual and industrial property protected by the International and Spanish legistation.
Without prior authorization written in a trusty way by ESBOZOS TOT EN ART, S.L., or, if appropriate, by the whosale company or manufactures of the products that holds the rights, it is not permitted to utilize, reproduce, pass on or manipulate, as well as the use that exceeds normal and necessary ways of utilization of the website and the offered services. The access to the provided services does not suppose, by ESBOZOS TOT EN ART, S.L., resignation, conveyence or total or partial cease of the derivated rights of intellectual and industrial property, neither attributes rights of utilization, alteration, exploration, reproduction, distribution or public communication about these contents without prior and express written authorization by the respective holders of such rights, without detriment of the rights of visualization and acquisition of private copy of security of such contents, whenever such right is exercised according to the good will principles and whenever the intellectual and industrial property of the holders of such rights are mantained unaltered, and utilized in a nonprofit way and exclusive to the personal information of the user. The responsability derivated from the use of protected materials by the intellectual and industrial property rights contained in this page will correspond exclusively to the user.
V. PROCESS OF OFFER AND ACCEPTANCE, CONDITIONS OF PURCHASE AND SALE AND DELIVERY OF THE PRODUCT.
Prices policy: ESBOZOS TOT EN ART, S.L. reserves the right, in each and unilateral moment, to modify the price of the products and services offered in its website. The prices published for both materials and shipping, are included of taxes (IVA).
Both order and invoice receipts, come with the description and correspondent prices of materials, shipping and taxes, as well as the total amount of the purchase. Nevertheless, in the invoice that ESBOZOS TOT EN ART, S.L. issues, it will be taken as reference the rate that vigorates in the moment of delivery, with independency of the price indicated with antecipation. (In case of difference to the published in the web, the customer will be informed to give his or her approval).
The orders are shipped always with paid freight, including the cost of the same in the invoice order. This works this way for shipments to Spain, Andorra and Portugal. (If by special circumstances it is necessary to vary this, the customer will be previously communicated to give his or her approval).
For orders to the rest of Europe, the freights will be evaluated according to each order and depending on the volume and destiny.
VI. PRODUCTS INFORMATION.
The photographs that illustrate the products, do not enter in the contractual field and cannot indicate any type of compromise by ESBOZOS TOT EN ART, S.L.. In the interactive process of eletronic purchasing, some steps will be followed, according to the options menu in the ESBOZOS TOT EN ART, S.L.´s website:
Registering as a customer in the box "Create an account"
Enter the Categories' rubric, where information of the offered product can be found: technical characteristics, description, manufacturer's brand and photograph (if it is the case).
Selection, by the user, of the product he or she wishes to buy.
Selection, by the user, "Buy it Now".
Selection, by the user, "Add to Basket".
Selection, by the user, "Checkout".
Complementation, by the user, of order form, delivery address and payment method.
Information to the user about the products included in the shopping basket.
Confirmation of delivery address, selection of payment method wished by the user, and information to the user about the shipping costs.
Information about shipping costs for cash-on-delivery (if it is the case) applicable to the order placed by user.
Information about the final price or retail price of the product to be acquired containing in the same, the final cost to the customer, including IVA, shipping costs and handling and transport Insurance.
The final price therefore will be infomed to the customer in the process of eletronic purchasing before formalizing the order, selecting the option "confirm order" from the options menu.
Acceptance of the general conditions of contracting, processing and formalization of the order to ESBOZOS TOT EN ART, S.L. to carry out the purchase.
The eventual discounts or promotional gifts will be freely arranged by ESBOZOS TOT EN ART, S.L. to the designated collectives in each moment by ESBOZOS TOT EN ART, S.L., or in accordance to the offered product, according to the current publicity at each moment in its website. In any case, the products offered with a specific discount, must indicate the expiring date of the offer or price.
In the moment of the formalization of the order, once utilized the option from the confirmation of order, it is undertood the given consent by customer and the validity and efficiency of the purchasing contract that obligates the parties. Nevertheless, ESBOZOS TOT EN ART, S.L. declines its responsability on those products which the supplier have extended its delivery date or manufaction of the product.
The compromise acquired by ESBOZOS TOT EN ART, S.L. of sale and shipping of the offered products stays subordinated to the stock and availability of the advertized product until the end of its existence, of which ESBOZOS TOT EN ART, S.L. in its compromise of quality and customer services, tries to make sure, at all times, that the advertized products are available. Without the impoundment of ocurring exceptional circumstances of multiple orders or those others that can cause the end of the existence of the product, the order and subscribed contract between the parties will have no effect due to the present resolutary clause, fully refunding the customer, in case of prepaid, the amount paid by the same, without proceding in favour of any of the parties compensation by the non-fulfillment of the contract, emergent damage or loss of profity. In the implications where the sale of the product relates to the availabilities of the manufacturer, the seller can subministrate a equivalent quality and price, in substitution for the requested by the customer, whenever it does not suppose a demerit of quality and advertized purposes, and with the prior permission by the cliente.
- Payment method by the customer:
To garantee the payment of the order with total safety for the customer, the following systems are established:
1st - PREPAID: carried out through the deposit or bank transfer in favour of the bank account(s) owned by ESBOZOS TOT EN ART, S.L. published in its website.
2nd - CARD: Carried out at the moment of the purchase, by customer.
3rd - CASH ON DELIVERY: Carried out through payment of final price of the invoice, in cash, prior to collection or delivery of the order.
Once the payment is done by the customer, ESBOZOS TOT EN ART, S.L. will issue paper invoice to the customer's address or eletronic invoice to the e-mail designated by the customer.
- Delivery time of the purchased product(s):
The predicted delivery times of the material are merely informative, not being linked to ESBOZOS TOT EN ART, S.L. For the case of delivery delay longer than 20 days, on the predicted delivery time and whenever this delay is attributable to ESBOZOS TOT EN ART, S.L., with prior complaint written by the customer, he or she can give up unilaterally the order, or be refunded in case of prepaid, and both parties agreeing not to procede with any complaints for damages or losses, present or future, direct or indirect, nor under the modalities of emergent damage or profit loss. The cited times will be applicable only to Península and Baleares.
- Place and payment method:
The order will be delivered to the address designated at the moment of the contracting by the customer. The later modification of the delivery address, requested by the customer, can generate additional costs on the sale price.
The goods will be delivered to the customer by a Courier Company, accompained by an invoice in which the description of the products, price (for cash on delivery method), number of packets and products contained in them are specified so the customer can identity the order. In the case of mistakes or visual damages found, by the customer, in the goods delivered, it must be reported via telephone, fax or e-mail, through the customer service published in the website or corporate domicile of the company within 24 hours. The goods have insurance coverage, at all times, against risk of transportation, loss and handling.
VII. WARRANTY OF THE PRODUCTS.
The normal warranty of the products offered by ESBOZOS TOT EN ART, S.L. , through its website, is two years. The customer counts with a total warranty in case the product presents some anomaly (return of the product or resend of a brand new) within the first week. All the associated costs will be on ESBOZOS TOT EN ART, S.L. After the two weeks time, the customer must: contact directly with ESBOZOS TOT EN ART, S.L. through any via of contact published in its website, so this way, it can carry out the tramitation of the product and take it to a specialized place. The costs will be on the customer. The easiest way for the customer is to send the article to ESBOZOS TOT EN ART, S.L. on the address found on its website, always after after reporting it.
The warranty of the products sold by ESBOZOS TOT EN ART, S.L. are provided exclusively by the manufacturer, in the conditions of manipulation, correct use and conservation, on the specific times shown on the warranty certificates that accompanies all of them.
To activate the warranty is necessary to present:
* Purchase invoice of ESBOZOS TOT EN ART, S.L.
* Packaging and other contents (manuals and controls)
In any case, the serial number of the product to repair must match with the ESBOZOS TOT EN ART, S.L. The warranty will not be valid in the case of external factors to to normal usage of the product, such as increase or decrease of pressure, use of inadequate accessories or those prohibited by the manufacturers, falls, water, fire ou incorrect or abusive handling by the customer or other people not authorized by the manufacturers.
The warranty will start at the same day of delivery and/or confirmation of the order. The regulations of the present warranty do not exclude the benefits of legal warranty foreseen in the article 913 and civil code for occult(s) defect(s) in favour of the buyer.
VIII. CUSTOMER RIGHTS.
- Confidentiality and safety of the customer's personal data in conformity with the established in the valid spanish legislation on data protection.
- No diffusion, transmission ou publication of the customer's data with his or her express approval.
- To receive neither promotional nor advertizing eletronic mails unless permission is given by the customer.
- To consult, modify or erase his or her customer personal data from the ESBOZOS TOT EN ART, S.L.' data base.
- Access for free the open sessions of the ESBOZOS TOT EN ART, S.L.' website.
- To follow, at any time, the status of the order he or she placed in the website.
- DESISTANCE: the buyer has the right to freely give up the contract, resolving it by unilateral way, in conformity with the established in the article 44 of the law 7/1996 of January the 15th of retail commerce ordenance, modified by the law 47/2002, of December the 19th 2002.
The desistance right will not be applicable, among others, in the supplying contracts of:
1st - Goods which the prices are subjected to the financial market flutuations, not controlled by ESBOZOS TOT EN ART, S.L.
2nd - Goods manufactured according to the customer's specifications or clearly personalized, or that, by its nature cannot be returned or can deteriorate or expire fastly.
Deadline: To give up the contract the buyer will have seven working days, counting from the delivery day, to do so. The local law from where the good has been delivered will determine what days are considered working days. Form: The exercise of the desistance right is not subjected to any formality, being doable without the necessecity of mentioning the causes, and being enough just to notify ESBOZOS TOT EN ART, S.L., crediting it by any way. It can also be done by presenting the desistance paper or resolution that accompanies it, properly filled out by the concerned.
Costs: The costs occasioned by the return of the product will be on the buyer, having this one to satisfy as well the compensation that correspond to the failures that might have been produced in the acquired products. By exception, ESBOZOS TOT EN ART, S.L. will only assume the direct return costs, in case the customer exercises the desistance right, for products supplied by the company, in equivalente quality and price and in substitution of the specifically ordered by the customer.
ESBOZOS TOT EN ART, S.L. reserves the right to examine the products before proceeding with the return of the price, with the purpose of confirming that:
a) they are the same as the ones sold.
b) that they have not been previously manipulated by the customer.
c) that they are in their original packaging.
d) that they are returned complete, with all the main elements and accessories, including manuals of use.
If all the requirements are fulfilled, ESBOZOS TOT EN ART, S.L. will proceed with the return. In the case that the return is proceeded, the seller has the obligation to return the amount paid by the buyer without any retention (except shipping, cash on delivery and manipulation costs) as soon as possible, in a maximum of thirty days from the desistance ou return.
IX. CUSTOMER/USER OBLIGATIONS.
- To keep their passwords with conscientiousness.
- Utilize the information published by ESBOZOS TOT EN ART, S.L. exclusively by the customer within the personal commercial relation expected.
- Not to reproduce, alienate or make use of the information published by ESBOZOS TOT EN ART, S.L.
in all its contents without express permission given.
- Utilize faithfully the buying services facilitated by ESBOZOS TOT EN ART, S.L. in its website, abstaining from manipulating the contents of it, or interfering on its IT means through a virus or other prohibited conducts.
- To respect the buying pact once the order is confirmed, with the payment of indicated price.
X. ESBOZOS TOT EN ART, S.L. RIGHTS.
- To conserve, modify, suspend its website without prior notice.
- To modify, total or partially, the present general conditions, being of application to the new ones that company includes since the moment of its insertion in the website. In any case, the cited modifications will not be retroactive on the products and services previously contracted by the customer.
- To modify the offer prices, prior buying system advertizing.
- To refuse an order for lack of existencies or payment by the customer.
- To charge the amount of the customer's purchase once the order is confirmed.
XI. EXONERATION OF RESPONSABILITY.
ESBOZOS TOT EN ART, S.L. will not be responsible for interruptions that are produced in the eletronic or telecommunication services that impede the customer from using the services offered.
XII. LANGUAGES IN WHICH THE CONTRACTS CAN BE FORMALIZED.
The contract can only be formalized in spanish (castellano).
XIII. APPLICABLE LEGISLATION AND JURISDICTIONAL COMPETENCE.
The present general conditions are ruled by the spanish law. For any divergence that occurs in the present contract, both parties are expressively subordinated, and with express resignation to its own forum, to the tribunals of Valencia and its hierarchic superiors.