General conditions

GENERAL CONDITIONS

E-COMMERCE


This document establishes the conditions governing the use of this website and the purchase of products on it (hereinafter, the "Conditions"). We ask you to read the Conditions carefully before using this website. By using this website or placing an order through it, you agree to be bound by these Conditions, therefore, if you do not agree with all the Conditions, you should not use this website.

It is your responsibility to read them periodically, since the conditions in force at the time of use of the website or execution of the Contract (as this is defined below) will be those that are applicable to you.



OUR DATA


This website is operated by CARMEN CARBONELL, under the name CARMEN CARBONELL with registered office at _________________ and with NIF _____________,. You can contact through _________________________

NATURE AND ACCEPTANCE OF THE GENERAL CONDITIONS.

This contractual document will govern the contracting of products and/or services offered by CARMEN CARBONELL through this website, _/HTTPS:__________________ (hereinafter, the Web), for all natural persons who are of legal age with full capacity to hire and act as consumers, with the limitations and restrictions imposed by these General Conditions.

The purchase of any product through the Web implies the reading, knowledge and express and unreserved acceptance by the client of these Conditions of Sale, which will be considered automatically incorporated into the contract that is signed through the online acceptance of these. conditions. These General Conditions of Sale constitute a binding legal agreement between CARMEN CARBONELL and the buyer, the lack of acceptance of these General Conditions of Sale will prevent the sale from taking place.

CARMEN CARBONELL has the power to unilaterally modify each and every one of the obligations set forth in these General Conditions, without the need for prior notice, so website users are recommended to read them each time they want to contract any of the services or products you offer; each contract will be governed by the Conditions in force at the time of its subscription without the modifications that may occur on the present ones having retroactive effects.

The language in which the contract will be made through this website is Spanish.

In accordance with Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, before making the purchase of any product by the buyer, the latter has the right to know its essential characteristics, for which that CARMEN CARBONELL makes available to the client sufficient information about the articles that it sells through this website, as well as their descriptions, and using all the means at its disposal, ensures that the colors and designs of the products in the photos displayed on the Web are as similar to reality, without avoiding variations in the colors and tones presented based on reflections, image quality, etc.

From CARMEN CARBONELL we request that you carefully read these Conditions of Sale, as well as the rest of the legal texts of the Website. By using our services, you freely and unreservedly accept to be bound by these Conditions each time a purchase process occurs.


ACCESS TO THE WEBSITE


In order to contract the Works offered by CARMEN CARBONELL through this Website, the client must declare themselves a natural person, of legal age and provide CARMEN CARBONELL with all the personal data required as essential to regulate the commercial relationship between them, the client being exclusively responsible. of its veracity.

The conditions of access to the web are subject to the legal provisions in force at any time, as well as to the principles of good faith and lawful use by the user of the website, expressly and strictly prohibiting any type of action that could go to the detriment or detriment of the web or third parties.

To access the purchase of the Works of CARMEN CARBONELL, the user must register on the website by creating a user account. Therefore, the user must freely and voluntarily provide the personal data that is required, which is treated in accordance with the provisions of the General Data Protection Regulation 2016/679, of April 27 (RGPD) and Organic Law 3/2018 of December 5 (LOPDGDD), and with what is detailed in the Privacy Policy of the Website.

Once the account has been obtained, the user agrees to make diligent use of it and not make it available to third parties, as well as to report the loss or theft of it or possible access by an unauthorized third party, so that CARMEN CARBONELL can proceed to the immediate blocking of the account.

The user guarantees the veracity of the personal data provided and is responsible for communicating any changes in them, reserving CARMEN CARBONELL the right to exclude from the provision of its services any user who has provided false data, all without prejudice to the exercise of the actions that proceed in law.

The User undertakes to make a lawful, diligent, honest and correct use of any information or content to which he has access through the CARMEN CARBONELL website, all under the principles of good faith and with respect at all times for privacy. current legislation.

CONTRACT CLAUSES


1. PURCHASE PROCESS

The Works of CARMEN CARBONELL can be selected and added to the basket. It shows the characteristics of these, color, price, and total amount. Once the purchase is accepted, the acquisition process will begin and taxes and shipping charges will be calculated according to the data entered.

From the basket you can place an order by following these steps:

  • Select the product you want to buy.
  • Checking the shipping data and cost (including taxes).
  • Add the products to the shopping cart.
  • Check the billing information and select the payment method.
  • Place the order (Buy).

Once the order has been placed, the system will send a confirmation email, confirming the status of the order.

The User has the following contact channels to help with their purchase when placing an order:

  • Email:
  • Phone:


2. AVAILABILITY OF PRODUCTS

All orders placed through the Web are subject to the stock of the Work and its availability. If the order could not be made, said circumstance will be communicated to the client by email.

We reserve the right to withdraw any Work from this website at any time and to remove or modify any content on it unless the purchase has already been made. Although we will do our best to always process all orders, there may be exceptional circumstances that force us to reject the processing of an order after having sent the Order Confirmation.


3. PRICES

The sale price of the Works by CARMEN CARBONELL appears on the Website in euros. Shipping and packaging costs depend on the type of work, its dimensions, its weight, as well as the place of delivery. Transportation costs will be communicated associated with each purchase.

Although we try to ensure that all prices listed on the page are correct, errors can occur. If we discover an error in the price of any of the products you have ordered, we will inform you as soon as possible and we will try to find a solution.

The prices on this website include VAT, but exclude shipping costs, which will be added to the total amount due as stated in our Purchase Information. Prices may change at any time, but (except as set out above) any changes will not affect orders for which we have already sent you a Dispatch Confirmation.

Once you have made your purchases, the Works you want to buy will have been added to your basket and the next step will be to process the order and make the payment.

CARMEN CARBONELL reserves the right to verify personal data and adopt the appropriate measures so that the merchandise is correctly delivered.


4. VALUE ADDED TAX

In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of the items will be understood to be located in the territory of application of Spanish VAT. The applicable VAT rate will be the one legally in force at all times depending on the specific item in question.


5. METHODS OF PAYMENT

The forms of payment for purchases made on this website will be by credit / debit card. All operations are carried out in compliance with all security and data protection protocols. The cardholder is responsible for transactions on the website.

If you want to pay for your order by bank transfer, contact us by phone or e-mail.


5.1. INFORMATION PROCESSED BY THE SELLER.

CARMEN CARBONELL does not have access to the client's confidential information regarding the means of payment, so for each new purchase you make, your bank details will be requested.

The user guarantees to CARMEN CARBONELL that they have the necessary authorizations to use the means of payment that they select during the process of formalizing their Order. The validation of the Order is subject to validation by the bank payment center selected by CARMEN CARBONELL. In case of refusal by the bank, the Order is not finalized and is cancelled. Within the framework of the fight against Internet fraud, the data related to the Order and the Customer's means of payment may be transmitted by CARMEN CARBONELL to any third party for verification purposes.

CARMEN CARBONELL, in collaboration with the bank that ensures the management of electronic payments, controls all Orders that are validated on the Website. In this way, any Order that includes a delivery address different from the Customer's billing address, may be verified by the Seller. Within this framework, the Seller may request the Customer information and documents necessary for the execution of the Order: proof of the Customer's address and/or of the person indicated for the delivery address, proof of the Customer's bank details, etc. These requests are made by email or by phone.


6. SHIPPING POLICY

All works are sent to the buyer with a guaranteed courier service. Shipments are made through transport companies Mail Boxes Etc., (hereinafter MBE).

Both framed works and those that are not required to be framed will be strongly protected so that they can be received in perfect condition. If you receive the item you have purchased in poor condition, you must notify us.

Shipments have a weight and size limit, resulting in:

Maximum package length: 270 cm / Maximum package weight: 68 Kg

Maximum measurement per package (perimeter and length): 330 cm

In the case of international shipments, the shipping cost will vary depending on the destination, size and weight of the product purchased. Additional costs unrelated to the shipping cost, such as destination taxes, customs clearance, import taxes or any other type of expense, when they exist, must be borne by the customer at the time of receipt of the order and will be paid in destination. Carmen Carbonell is not responsible for these possible costs or additional expenses.

All shipments have a tracking number so that the customer can check the status of their order. The shipping time may vary depending on the destination. In the case of special dates such as during festive periods, the delivery period cannot be guaranteed delivery within the indicated period.

Shipping rates will vary depending on the country where the buyer resides. The list of countries and shipping costs will be specified at the time of purchase.

All shipments will be made through a courier company, during business hours and to the address indicated by the customer in the purchase order. CARMEN CARBONELL will not be responsible for errors in the delivery of the order when they are caused by errors, inaccuracies or missing data at the address indicated by the client.

If for any reason we could not meet the delivery date, we will inform you of this circumstance and we will give you the option to go ahead with the purchase by establishing a new delivery date or to cancel the order with a full refund of the price paid. For the purposes of these Conditions, it will be understood that the "delivery" has occurred or that the order has been delivered at the time of signing the receipt thereof. The delivery is considered made from the moment in which the work has been made available to the client at the place of delivery indicated by the client.


7. NON-DELIVERY

If after two attempts we find it impossible to deliver your order, we will understand that you wish to withdraw from the Contract and we will consider it resolved. As a consequence of the termination of the Contract, we will refund the price paid for such products as soon as possible and, in any case, the term may range between 3 and 14 days from when we receive the return at our Center.

As a consequence of the termination of the contract, we will refund all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive delivery method). ordinary that we offer).


8. TRANSMISSION OF RISK AND OWNERSHIP OF THE PRODUCTS

The transfer of ownership of the Work will be the responsibility of CARMEN CARBONELL until the time of delivery. An order is considered delivered at the time the carrier delivers the package or packages to the customer and the customer signs the delivery receipt document.

CARMEN CARBONELL will not assume any responsibility when the delivery of the product does not take place, because the data provided by the USER is false, inaccurate or incomplete.

The delivery will be considered made at the moment in which the carrier has made the products available to the User and the latter has signed the delivery receipt document.

It is up to the User to verify the products upon receipt and expose all the exceptions and claims that may be justified in the delivery receipt document.


9. RETURN AND WITHDRAWAL POLICY

The items marketed by CARMEN CARBONELL through this website are of high quality, however, if for any reason the customer is not satisfied with them upon receiving the order, or does not want the item, they have a period of 14 calendar days from the day of its receipt to execute the right of withdrawal as established in the in accordance with article 68 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for Defense of Consumers and Users and other complementary laws and 71 of Law 3/2014, of March 27, which modifies the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.

If you are contracting as a consumer and user, you have the right to withdraw from this contract within a period of 14 calendar days without the need for justification or costs for you. The withdrawal period will expire 14 calendar days from the day that you or a third party indicated by you acquired material possession of the product. As long as it is within the defined period, you have the right to return it, whatever the cause and without the need for a real reason.

When the customer requests such a return, they are entitled to a refund of the total amount of the purchase, including not only the shipping costs but also the costs derived from the return.

To do this, the client must notify CARMEN CARBONELL of their decision, completing the withdrawal form that CARMEN CARBONELL provides for this purpose through this website. You only have to fill in and send the form to the attention of the CARMEN CARBONELL Customer Service Department within the stipulated period, by letter to the address / _________________________________- or by sending an email to ____________________. The written communication must contain the order number to which the items to be returned refer and accurately identify the items that are the subject of that return.

In case of withdrawal on your part, we will refund all payments received by you, including shipping costs (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive method of ordinary delivery). that we offer).

We will proceed to make said refund using the payment method used by you for the initial transaction. You will not incur any expenses as a result of the refund. Notwithstanding the foregoing, we may withhold reimbursement until we have received the goods or until you have provided proof of return of the goods.

In order for the customer to exercise the right to return the item, it must be in the same condition that it was sent, preferably in its original packaging (if it is not returned in the same original packaging, the item may suffer a depreciation of its cost), without breaks, stains, etc., and with the labels. Carmen Carbonell will check the adequacy of the returned Work, reserving the right not to make the refund in case it detects that the Work purchased and the returned Work do not match or that the return has not been made in accordance with these Conditions.

Works returned damaged or soiled by the Buyer will not be accepted, nor refunded. Carmen Carbonell reserves the right to decide at its sole discretion whether the piece is in its original state or not. The Work must be in the same state in which it was delivered and must keep the instructions, documentation, accessories and, to the extent possible, its original packaging and labeling.

The return must be made using the same box or envelope used in the delivery or, failing that, in a similar format that guarantees the return of the Works in perfect condition. The delivery note for the return of the Works must be included in the package together with the withdrawal form. The buyer must return the product with all the contents of the original packaging. Returns will not be accepted if stains or damage are observed on the items.

Once the returned items have been received, and after checking their status, CARMEN CARBONELL will proceed to refund the amount according to the payment method in which they were paid within a maximum period of 15 days from the receipt of the return, committing to its refund. .

CARMEN CARBONELL will not accept returns after 14 calendar days from the date of receipt of the item or the provision of some type of service (term set for this purpose by law). In case of withdrawal from the contract by the client and changes for reasons beyond the control of CARMEN CARBONELL.

In the event that the return originates from CARMEN CARBONELL and an item other than the one in charge has been sent by mistake, CARMEN CARBONELL will be responsible for the shipping and return costs as long as the customer notifies it within a maximum period of 14 calendar days. from the receipt of the shipment, offering to replace it with the one originally ordered or the refund of the amount paid in the event that the above is not possible due to lack of stock. Refunds will be made by the same payment system used by the client.


10.1. WITHDRAWAL FORM

The Buyer may exercise his right of withdrawal before CARMEN CARBONELL by completing the withdrawal form that is included on the website. CARMEN CARBONELL will then be responsible for managing the cancellation by the buyer and must process the return within 14 days from the date on which CARMEN CARBONELL was informed.


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