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General terms and conditions of sale

I. GENERAL INFORMATION

The ownership of this website artechaniz.com, (hereinafter Website) is held by: Maitane Echániz Pérez, whose contact details are:

Contact email: artechaniz@gmail.com

This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Web Site (artechaniz.com) and the purchase or acquisition of products and/or services in the same (hereinafter, Conditions).

For the purposes of these Conditions, it is understood that the activity that Maitane Echaniz carries out through the Web Site includes:

Marketing and distribution of her own works of art and digital copies of the same.

In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookies policy and Maitane Echaniz’s privacy and data protection policy. By using this Website or by making and/or requesting the purchase of a product and/or service through the same, the User agrees to be bound by these Conditions and by all of the aforementioned, and therefore, if he/she does not agree with all of the above, he/she should not use this Website.

We also inform you that these Conditions may be modified. The User is responsible for consulting them each time he/she accesses, browses and/or uses the Website, as those in force at the time the purchase of products and/or services is requested will be applicable.

For any questions that the User may have in relation to the Conditions, he/she may contact the owner using the contact details provided above or, where appropriate, using the contact form.

II. THE USER

Access, browsing and use of the Website confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), and therefore, from the moment browsing the Website begins, all the Conditions established herein are accepted, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of obligatory compliance as the case may be.

The User assumes responsibility for the correct use of the Website. This responsibility extends to:

  • To make use of this Website only to make enquiries and legally valid purchases or acquisitions.
  • Not to make any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities will be informed.
  • To provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other details (see Legal Notice and General Conditions of Use).

The User declares that he/she is over 18 years of age and has the legal capacity to enter into contracts through this Website.

The User may formalise, at his/her choice, with Maitane Echaniz the contract of sale of the products and/or services desired in any of the languages in which the present Conditions are available on this Website.

III. PURCHASE OR ACQUISITION PROCESS

Users may purchase on the Website by the means and in the manner established. They shall follow the online purchase and/or acquisition procedure of artechaniz.com, during which several products and/or services can be selected and added to the cart, basket or final purchase space and, finally, click on: \”XXX”.

Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.

Subsequently, the User will receive an e-mail confirming that Maitane Echaniz has received his/her order or request for purchase and/or provision of the service, that is to say, confirmation of the order. And, where applicable, you will also be informed by e-mail when your purchase is being dispatched. Where appropriate, this information may also be made available to the User via his or her personal connection space on the Website.

Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice which will be sent to the User by e-mail and, where appropriate, via his or her personal connection space on the Website. Likewise, the User may, if he/she so wishes, obtain a copy of his/her invoice on paper, by requesting it from Maitane Echaniz using the contact spaces on the Website or via the contact details provided above.

The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale concerning the product and/or service in question and which are shown together with the presentation or, where appropriate, image of the same on its page on the Website, indicating, by way of example, but not exhaustively, and on a case-by-case basis: name, price, components, weight, quantity, colour, details of the products, or characteristics, the way in which they will be carried out and/or the cost of the services; and acknowledges that the placing of the purchase order or acquisition materialises the full and complete acceptance of the particular conditions of sale applicable to each case.

The communications, purchase orders and payments involved during the transactions carried out on the Website may be filed and kept in the computerised records of Maitane Echaniz in order to constitute a means of proof of the transactions, in all cases, respecting reasonable security conditions and the applicable laws and regulations in force in this respect, and particularly in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data (GDPR) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights, and the rights of Users in accordance with the privacy policy of this Website.

IV. AVAILABILITY

All purchase orders received by Maitane Echaniz through the Website are subject to the availability of the products and/or to no circumstance or cause of force majeure (clause nine of these Conditions) affecting the supply of the same and/or the provision of the services. In the event of difficulties in the supply of products or if there are no products in stock, Maitane Echaniz undertakes to contact the User and reimburse any amount that may have been paid by way of payment. This shall also apply in cases in which the provision of a service becomes unfeasible.

V. PRICES AND PAYMENT

The prices displayed on the Website are final prices, in Euros (€) and include taxes, unless otherwise specified and applied by law, especially with regard to VAT.

Shipping costs are included in the final prices of the products as shown on the Website. Thus, Maitane Echaniz provides delivery and/or shipping services through: XXX.

Under no circumstances will the Website automatically add additional costs to the price of a product or service, but only those that the User has voluntarily and freely selected and chosen.

Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.

The accepted means of payment will be: Credit or debit card, and PayPal Maitane Echaniz uses all means to guarantee the confidentiality and security of the payment details transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).

Credit cards will be subject to checks and authorisations by the issuing bank. If said bank does not authorise payment, Maitane Echaniz will not be responsible for any delay or non-delivery and will not be able to formalise any contract with the User.

Once Maitane Echaniz receives the purchase order from the User via the Website, a pre-authorisation will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The card will be charged when the User is sent confirmation of dispatch and/or confirmation of the service provided in the manner and, where applicable, place established.

If the means of payment is PayPal, the charge will be made when Maitane Echaniz sends a confirmation of the purchase order or purchase of products and/or services to the User.

In any case, by clicking on “XXX”, the User confirms that the payment method used is his/her own.

VI. DELIVERY

In the cases in which it is necessary to carry out the physical delivery of the contracted good, the deliveries will be carried out in the following territory: All the world.

With the exception of those cases in which there are unforeseen or extraordinary circumstances or, where applicable, arising from the personalisation of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the delivery 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 for which it is responsible, Maitane Echaniz is unable to meet the delivery date, it will contact the User to inform him/her of this circumstance and the User may choose to continue with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.

If it is impossible to deliver the order due to the User’s absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to have it redelivered.

If the User is not going to be at the place of delivery in the agreed time slot, he/she should contact Maitane Echaniz to arrange delivery on another day.

If 30 days have elapsed since the order has been available for delivery and it has not been delivered for reasons not attributable to Maitane Echaniz, Maitane Echaniz shall understand that the User wishes to withdraw from the contract and the contract shall be deemed to have been terminated. As a consequence of the termination of the contract, all payments received from the User shall be refunded, with the exception of the additional costs resulting from the User’s own choice of a delivery method other than the least expensive ordinary delivery method offered by the Website, without any undue delay and, in any event, within a maximum period of 14 calendar days from the date on which the contract is deemed to be terminated.

However, the User must bear in mind that the transport resulting from the termination may have an additional cost that may be charged to the User.

For the purposes of these Conditions, it shall be understood that 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 material possession of the products, which shall be accredited by the signature of the receipt of the order at the agreed delivery address.

The risks that may arise from the products shall be borne by the User from the moment of delivery. The User acquires ownership of the products when Maitane Echaniz receives full payment of all amounts due in relation to the purchase or acquisition made, including delivery costs, or at the time of delivery, if this takes place at a time subsequent to full receipt of the amount paid by Maitane Echaniz.

In accordance with the provisions of Law 37/1992, of 28 December, on Value Added Tax (VAT), purchase orders for delivery and/or service shall be understood to be located in the territory where Spanish VAT is applicable if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be that legally in force at any given time depending on the specific article in question.

VII. TECHNICAL MEANS FOR CORRECTING ERRORS

The User is hereby informed that in the event that he/she detects that an error has occurred when entering the data necessary to process his/her purchase request on the Website, he/she may modify the same by contacting Maitane Echaniz through the contact spaces provided on the Website, and, where applicable, through those provided for contacting customer service, and/or by using the contact details provided in clause one (General Information). Likewise, this information may also be corrected by the User through his or her personal connection space on the Website.

In any case, the User, before clicking on “XXX”, has access to the space, cart, or basket where their purchase requests are noted and can make modifications.

Similarly, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to obtain more information on how to exercise their right of rectification in accordance with the provisions of 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 the free movement of such data (RGPD) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights.

VIII. REFUNDS

In cases where the User purchases products on or through the Website of the owner, he/she is entitled to 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 cancel said purchase within 14 calendar days without the need for justification.

This withdrawal period shall expire 14 calendar days after the day on which the User or a third party authorised by the User, other than the carrier, acquires material possession of the goods purchased on the Maitane Echaniz Website or in the event that the goods making up the order are delivered separately, 14 calendar days from the day on which the User or a third party authorised by the latter, other than the carrier, acquired material possession of the last of those goods making up the same purchase order, or in the case of a service contract, 14 calendar days from the day on which the contract was concluded.

In order to exercise this right of withdrawal, the User must notify Maitane Echaniz of his or her decision. This may be done, where appropriate, through the contact spaces provided on the Website.

The User, regardless of the means chosen to communicate his or her decision, must clearly and unequivocally express that it is his or her intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that Maitane Echaniz makes available as an annexed part of these Conditions; however, its use is not obligatory.

In order to comply with the withdrawal period, it is sufficient for the communication unequivocally expressing the decision to withdraw to be sent before the corresponding period expires.

In the event of withdrawal, Maitane Echaniz shall reimburse the User for all payments received, including the delivery costs (with the exception of the additional costs chosen by the User for a delivery method other than the least expensive method offered on the Website) without any undue delay and, in any case, no later than 14 calendar days from the date on which Maitane Echaniz is informed of the User’s decision to withdraw.

Maitane Echaniz will reimburse the User using the same payment method used by the User to make the initial purchase transaction. This reimbursement shall not generate any additional cost for the User. However, Maitane Echaniz may withhold said reimbursement until it has received the products or article of the purchase, or until the User provides proof of their return, depending on which condition is fulfilled first.

And must do so without any undue delay and, in any case, no later than 14 calendar days from the date on which Maitane Echaniz was informed of the decision to withdraw.

The User acknowledges being aware that he/she shall bear the direct cost of returning the goods (transport, delivery), should any be incurred. Furthermore, he/she shall be liable for any diminished value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.

The User acknowledges that there are exceptions to the right of withdrawal, as stated in article 103 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalised products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed at the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.

The same applies to the provision of a service that the User may contract on this Website, as this same Law establishes that Users shall not be entitled to the right of withdrawal when the provision of the service has been fully executed, or when it has begun, with the express consent of the consumer and user and with the acknowledgement on their part that they are aware that, once the contract has been fully executed by Maitane Echaniz, they will have lost their right of withdrawal.

In any case, no refund will be made if the product has been used beyond the mere opening of the same, 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 may accompany them, as well as a copy of the purchase invoice.

In the following link you can download the model withdrawal form: XXX

Return of defective products or delivery errors

This refers to all those cases in which the User considers that, at the time of delivery, the product does not conform to that stipulated in the contract or purchase order, and should therefore contact Maitane Echaniz immediately and inform her of the existing disagreement (defect/error) by the same means or using the contact details 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 period of time, whether the refund or, if applicable, the replacement of the product is appropriate.

The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an e-mail confirming that the refund or replacement of the non-conforming item is appropriate.

The amount paid for products that are returned because of a defect, where such a defect actually exists, will be refunded in full, including delivery costs and any costs incurred by the User in making 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 recognised in the legislation in force at any given time for the User, as a consumer and user, will always apply.

Guarantees

The User, as a consumer and user, enjoys guarantees on the products that he/she may acquire through this Website, in the terms legally established for each type of product, and Maitane Echaniz shall therefore be liable for any lack of conformity of the same that becomes apparent within a period of two years from the delivery of the product.

In this sense, it is understood that the products are in conformity with the contract provided that: they conform to the description provided by Maitane Echaniz and possess the qualities presented therein; they are suitable for the uses to which products of the same type are normally put; and they present the usual quality and features of a product of the same type and which are fundamentally to be expected of the same. When this is not the case with regard to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or delivery errors. However, some of the products marketed on the Website may present non-homogeneous characteristics as long as these derive from the type of material from which they have been manufactured, and which will therefore form part of the individual appearance of the product, and will not be a defect.

On the other hand, it could be the case that the User acquires a product of a brand or manufactured by a third party on the Website. In this case, and considering that the User is dealing with a defective product, he/she also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise his/her legal warranty rights directly against them during the two years following the delivery of the said products. In order to do so, the User must have retained all information regarding the warranty of the products.

IX. DISCLAIMER OF LIABILITY

Unless otherwise provided by law, Maitane Echaniz accepts no liability for the following losses, regardless of their origin:

  • any losses that are not attributable to any non-fulfilment on its part;
  • business losses (including loss of profits, income, contracts, expected savings, data, loss of goodwill or unnecessary expenses incurred); or of
  • any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of the products was formalised between both parties.

Likewise, Maitane Echaniz also limits its liability in the following cases:

  • Maitane Echaniz applies all measures concerning the faithful display of the product on the Website, however, it accepts no liability for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems with the browser being used or others of this nature.
  • Maitane Echaniz will act with the utmost diligence in order to provide the company responsible for the transport of the product that is the object of the purchase order. However, Maitane Echaniz accepts no liability for damages arising from transport malfunctions, especially for causes such as strikes, road delays and, in general, any other causes typical of the sector, which result in delays, loss or theft of the product.
  • Technical failures which, due to fortuitous or other causes, prevent the normal operation of the service via the Internet. Lack of availability of the Website due to maintenance or other reasons, which prevents the availability of the service. Maitane Echaniz makes every effort to carry out the process of purchase, payment and shipment/delivery of the products, but accepts no liability for causes for which it is not responsible, acts of God or force majeure.
  • Maitane Echaniz shall not be held responsible for the misuse and/or wear and tear of the products that have been used by the User. At the same time, Maitane Echaniz shall not be held responsible for any incorrect return made by the User. It is the responsibility of the User to return the correct product.
  • In general, Maitane Echaniz shall not be held responsible for any failure or delay in the fulfilment of any of the obligations assumed, when this is due to events beyond its reasonable control, that is to say, due to force majeure, and this may include, by way of example but not exhaustively:
    • Strikes, lockouts or other industrial action.
    • Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
    • Fire, explosion, storm, flood, flood, earthquake, subsidence, epidemic or any other natural disaster.
    • Inability to use trains, ships, aircraft, motor transport or other means of transport, public or private.
    • Impossibility of using public or private telecommunications systems.
    • Acts, decrees, legislation, regulations or restrictions of any government or public authority.

In this way, the obligations shall be suspended during the period in which the cause of force majeure continues, and Maitane Echaniz shall be granted an extension of the deadline to fulfil them for a period of time equal to the duration of the cause of force majeure. Maitane Echaniz shall make every reasonable effort to find a solution that will enable it to fulfil its obligations in spite of the cause of force majeure.

X. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Web Site, the User accepts that the majority of communications with Maitane Echaniz will be electronic (e-mail or notices published on the Web Site).

For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications sent electronically by Maitane Echaniz comply with the legal requirements of being in writing. This condition shall not affect the rights recognised by law for the User.

The User may send notifications and/or communicate with Maitane Echaniz through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Web Site.

Likewise, unless otherwise stipulated, Maitane Echaniz may contact and/or notify the User by e-mail or at the postal address provided.

XI. WAIVER

No waiver by Maitane Echaniz of a specific legal right or action or the failure by Maitane Echaniz to require strict compliance by the User with any of its obligations shall constitute a waiver of other rights or actions deriving from a contract or from the Conditions, nor shall it exonerate the User from compliance with its obligations.

No waiver by Maitane Echaniz of any of these Conditions or of the rights or actions deriving from a contract shall be effective unless it is expressly established that it is a waiver and is formalised and communicated to the User in writing.

XII. VOID

If any of these Conditions are declared null and void by a final decision issued by a competent authority, the rest of the clauses shall remain in force, without being affected by such declaration of nullity.

XIII. COMPLETE AGREEMENT

The present Conditions and any document to which express reference is made in these constitute the entire agreement existing between the User and Maitane Echaniz in relation to the object of sale and purchase and replace any other previous pact, agreement or promise agreed verbally or in writing by the same parties.

The User and Maitane Echaniz acknowledge that they have 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.

XIV. DATA PROTECTION

The information or data of a personal nature provided by the User to Maitane Echaniz in the course of a transaction on the Website shall be processed in accordance with the provisions of the Privacy Policy or data protection policy (contained, where applicable, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of such information and data and declares that all the information or data provided are truthful.

XV. APPLICABLE LEGISLATION AND JURISDICTION

Access to, browsing and/or use of this Website and contracts for the purchase of products through it shall be governed by Spanish law.

Any controversy, problem or disagreement arising from or related to the access, browsing and/or use of the Website, or to the interpretation and execution of these Conditions, or to the sales contracts between Maitane Echaniz and the User, shall be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

XVI. COMPLAINTS AND CLAIMS

The User may send Maitane Echaniz any complaints, claims or any other comments that he/she may wish to make through the contact details provided at the beginning of these Conditions (General Information).

Furthermore, Maitane Echaniz has official complaint forms available to consumers and users, which they may request from Maitane Echaniz at any time, using the contact details provided at the beginning of these Conditions (General Information).

Likewise, if a dispute arises from the conclusion of this purchase contract between Maitane Echaniz and the User, the User as a consumer may request an out-of-court settlement of disputes, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method via the following website: https://ec.europa.eu/consumers/odr/.

This General Terms and Conditions of Purchase document was created using the online general terms and conditions of purchase template generator on 14/07/2022.