TERMS AND CONDITIONS
GENERAL
The General Conditions of Sale (hereinafter, «GCS») of the contractual relationship are hereby established, which concern the sale of products offered through the website WWW.ARTESANOFACTORY.COM (hereinafter, “THE COMPANY”), with email: ARTESANOFACTORY@gmail.com and individuals or legal entities (hereinafter, «CUSTOMER») who express their intention to purchase said products by placing an order via the Internet, through this website, based on the information provided on the website, or who visit the website without completing the purchase process (hereinafter, «CUSTOMER»). The CUSTOMER's purchase order constitutes the specific terms and conditions to which these GCS are attached, which the CUSTOMER must consult prior to purchasing the product. These GCS are made available to the CUSTOMER through the website WWW.ARTESANOFACTORY.COM, for them to read, print, save, and accept. The CUSTOMER cannot purchase the product without having consulted these terms. The CUSTOMER will always have these GCS in a visible and freely accessible location on the website.
The acceptance of these GTC, together with the request for the specific products made by the CUSTOMER, implies the formalisation of the purchase contract between THE COMPANY and the CUSTOMER, which states:
a) have read, understood and accepted these terms and conditions.
(b) that he or she is a person of full age and full capacity to contract.
APPLICABLE LAW AND ALTERATION OF CGC'S
These GTC are subject to the provisions 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; Law 7/1998, of 13 April, on General Contracting Conditions; Royal Decree 1906/1999, of 17 December 1999, which regulates Telephone or Electronic Contracting with general conditions; Organic Law 15/1999, of 13 December, on the Protection of Personal Data; Law 7/1996, of 15 January, on the Regulation of Retail Trade and Law 34/2002 of 11 July, on Information Society Services and Electronic Commerce. THE COMPANY reserves the right to modify the present GTC at any time, without the need to previously inform the CLIENT or USER, who in any case, is the only person responsible for reviewing them as a prior and indispensable requirement for the acquisition of any product available through this website or its simple access. In any case, the GTC that were displayed on the website at the time the CUSTOMER acquires the corresponding products will be considered valid and applicable.
RIGHTS AND OBLIGATIONS OF THE COMPANY
Delivery of the product:
THE COMPANY undertakes to deliver the product in perfect condition to the address indicated by the CUSTOMER on the order form containing the particular conditions that are attached to these GTC. THE COMPANY will not be responsible for errors caused in the delivery when the data entered by the CLIENT in the order form do not conform to reality or have been omitted.
The invoice corresponding to the order will be available at THE COMPANY once payment is confirmed, which can be viewed via the link: «My Orders». This original invoice includes delivery charges and VAT.
THE COMPANY shall be liable for any lack of conformity that becomes apparent within two years of delivery. The CUSTOMER must inform THE COMPANY of the lack of conformity within two months of becoming aware of it.
Reservations and complaints should be addressed to THE COMPANY by e-mail to the address to be found on THE COMPANY's website.
DELIVERY TIMES
I. Delivery of the product THE COMPANY undertakes to deliver the product in perfect condition to the address indicated by the CUSTOMER on the order form. In order to optimise delivery, we would be grateful if the CUSTOMER could indicate an address to which the order can be delivered during normal working hours and a contact telephone number, preferably a mobile phone, where the transport company will inform the CUSTOMER of the status and estimated delivery date.
II. Delivery Time The delivery time for domestic deliveries (Spain) is 2 to 3 working days. International deliveries are delivered in 5 -7 working days.
For further information, it is important to note that the procedure during this time is as follows: receiving the order request, preparation of orders in our warehouse and shipment through parcel companies. On the day that the handling of the order is completed, THE COMPANY will notify the CUSTOMER by email confirming that the order has left our warehouse. Within a period of time established on our website, which depends on the country of destination, it should have been delivered to the address indicated at the time of purchase. These delivery times are an average and therefore an estimate. They may therefore vary due to logistical reasons or force majeure. In the event of delays in deliveries, THE COMPANY will inform the CUSTOMER as soon as it becomes aware of them.
Each delivery is considered to have been made from the moment in which the transport company places the product at the disposal of the CUSTOMER, which is materialised through the control system used by the transport company.
In the event of delivery delays attributable to THE COMPANY, the CUSTOMER may cancel their order in accordance with the procedure described in the section «Returns». Delivery delays will not be considered in cases where the order has been made available to the CUSTOMER by the transport company within the agreed timeframe and could not be delivered due to a cause attributable to the CUSTOMER.
III. In the same email in which the CUSTOMER is informed that the product has left the COMPANY's warehouses, the delivery number and the customer service number of the transport company responsible for the delivery are provided, so that, in the event of any incident arising during delivery, the CUSTOMER can contact the transport company to resolve it.
If at the time of delivery the CUSTOMER is absent, the carrier will leave a receipt indicating how to proceed to arrange a new delivery. THE COMPANY contracts, as part of the courier delivery service, to carry out a series of follow-up actions (calls or sms to the CUSTOMER in different time slots), aimed at ensuring that the delivery takes place.
If the reason for non-delivery is that the parcel has been lost, our carrier will initiate an investigation. In these cases, the response time of our carriers usually ranges from one to three weeks.
IV. Diligence in the delivery The CUSTOMER must check the good condition of the package before the carrier that, on behalf of the COMPANY, makes the delivery of the requested product, indicating on the delivery note any anomaly that could be detected in the packaging. If, subsequently, once the product has been checked, the CUSTOMER detects any incident such as a blow, breakage, signs of having been opened or any damage caused by the shipment, he/she undertakes to notify the COMPANY by email (E-MAIL_EMPRESA) as soon as possible and within a maximum of 7 working days from delivery.
THE COMPANY'S RESPONSIBILITY: THE COMPANY will in no case be responsible in relation to: Errors, delays in access by the CLIENT when entering their data in the order form, the slowness or impossibility of reception by the recipients of the order confirmation or any anomaly that may arise when these incidents are due to problems in the Internet network, causes of fortuitous event or force majeure and any other unforeseeable contingency beyond the good faith of THE COMPANY. In any case, THE COMPANY undertakes to solve the problems that may arise and to offer all the necessary support to the CLIENT to reach a quick and satisfactory solution to the incident.
THE COMPANY shall in no case be liable for errors or damages caused by inefficient and bad faith use of the service by the CUSTOMER.
THE COMPANY will in no case be responsible for the non-operability or problems in the e-mail address provided by the CLIENT for the sending of the order confirmation.
In addition, THE COMPANY assumes no liability whatsoever arising from, but not limited to:
1. The use that the CLIENT or USER may make of the materials on this website or linked websites, whether prohibited or permitted, in breach of the intellectual and/or industrial property rights of the contents of the website or of third parties.
2. For possible damages to the CLIENT or USER caused by normal or abnormal functioning of the search tools, the organisation or location of the contents and/or access to the website and, in general, errors or problems generated in the development or instrumentation of the technical elements that the website or a programme provides to the CLIENT or USER.
3. Of the contents of those pages to which the CLIENT or USER may access from links included on the website, whether authorised or not.
4. The acts or omissions of third parties, irrespective of whether such third parties may be contractually bound to the COMPANY.
5. Access by minors to the contents included on the website, it being the responsibility of their parents or guardians to exercise adequate control over the activity of the children or minors in their care or to install any of the tools to control Internet use in order to prevent (i) access to materials or content unsuitable for minors, as well as (ii) the sending of personal data without the prior authorisation of their parents or guardians.
THE COMPANY shall not be liable in any case whatsoever in the event of their occurrence:
1. Failures or incidents that may occur in communications, deletion or incomplete transmissions, so that there is no guarantee that the services of the website will be constantly operational.
2. In any case, THE COMPANY undertakes to solve the problems that may arise and to offer all the necessary support to the CUSTOMER in order to reach a rapid and satisfactory solution to the incident.
3. Likewise, THE COMPANY has the right to carry out, during defined time intervals, promotional campaigns to promote the registration of new members in its service. THE COMPANY reserves the right to modify the conditions of application of the promotions, to extend them with due notice, or to proceed to the exclusion of any of the participants of the promotion in the event of detecting any anomaly, abuse or unethical behaviour in the participation of the same.
Guarantees: THE COMPANY, undertakes to deliver the product in perfect condition, being exempt from any liability in relation to possible breakages or defects in the packaging of the product produced after the delivery of the same. In this case, the CUSTOMER expressly waives any contractual or extra-contractual liability for possible damages. THE COMPANY acts as a distributor of products presented for sale on WWW.DOMINIO.COM, which are delivered correctly and do not present defects or hidden defects that could make them dangerous or unsuitable for normal use.
THE COMPANY provides the CUSTOMER with the After-sales Service, through the link on the web page "Contact". The CUSTOMER will not be able to return the order in case of defects or deterioration caused by factors external to the shipment, accidents of the customer, wear and tear and improper use of the product. In the event that the product does not arrive in the correct condition, THE COMPANY will replace the product at no extra cost to the customer.
Products modified or repaired by the CUSTOMER or any other person not authorised by the COMPANY are excluded from the guarantee. The warranty shall not apply to apparent defects and defects of conformity of the product, for which any claim must be made by the CUSTOMER concerned within 7 days of delivery of the products. The guarantee shall not cover products damaged by improper use.
THE COMPANY will be responsible, in accordance with Royal Legislative Decree 1/2007, for the conformity at the time of delivery of the product, with these General Conditions as well as, especially, with the file of each product that appears on the website at the time of purchase or that is delivered to the CUSTOMER. The CUSTOMER, before signing for the delivery of the order, must check that the product is delivered in perfect condition. If he/she finds any damage, he/she must indicate it on the delivery note, returning the package if necessary and informing THE COMPANY so that the problem can be solved as soon as possible. If the products sent in a package are incorrect or defective, THE COMPANY undertakes to exchange them at no extra cost to the customer.
RIGHTS AND OBLIGATIONS OF THE CUSTOMER
To proceed to make any purchase in the shop, the registered CUSTOMER or guest, MUST be over eighteen (18) years of age.
Payment: the CUSTOMER undertakes to pay in advance the amount for the product actually requested in the following amount and form: Amount: the remuneration for the product actually ordered by the CUSTOMER depending on the product ordered will be that indicated on the website and that which appears in the specific request of the CUSTOMER at any given time, requests which will constitute the particular conditions of the specific order. The prices of the products appearing on the website always include VAT.
To the price that appears on the website for each of the products offered will be added the rates corresponding to the relevant shipping costs. As these rates are not applied or controlled by THE COMPANY at any time, they may be modified at any time; in any case, these rates will be previously communicated to the CLIENT before formalising the purchase.
Methods of payment: the CUSTOMER must pay the amount corresponding to their order by paypal or bank transfer, being possible to make the payment by cash on delivery only in Spain.
Responsibility of the CUSTOMER: In any case, the CUSTOMER shall be responsible for: Assuming all risks of deterioration, impairment, damage and loss of the products from the moment they have been placed at his disposal by the third party who, on behalf of the COMPANY, delivers the products ordered.
CANCELLATION OF ORDERS
RETURN
The customer may exercise his right of withdrawal up to 3 working days after receipt of the package.
The refund to the CUSTOMER's account as a result of this return shall be made as soon as possible after receipt of the goods by the COMPANY. The refund may not take place in any case if the products supplied were clearly subject to use beyond the verification of good condition.
The products must be returned correctly protected and in perfect condition (not damaged or soiled by the CUSTOMER) with all accessories. They will be sent to the place specified by THE COMPANY in the precise instructions for the return of the product sent by e-mail. In the event that the return is not accepted because it is understood that the product to be returned has been used beyond the verification of its condition, these products will be returned to the CUSTOMER.
The return of products will result in a refund equal to the purchase price of the returned product(s) to the customer's account. Any person returning their product will receive an email informing them of the amount of their refund to be credited to the customer's account.
CONTENT AND ACCESS:
The user undertakes to make good use of this website, being understood as good use that which is in accordance with current legislation, good faith and public order.
THE COMPANY will make its best efforts to avoid the existence of errors in the information provided on the website; however, it will not assume any responsibility for any damages that the existence, if any, of such errors may cause to users.
THE COMPANY may modify the content of this site at any time and without prior notice and is exonerated from any liability that may arise from the implementation of such a change.
HYPER LINKS:
The pages found within THE COMPANY's website may contain links to other third party websites. THE COMPANY cannot control the content found on those sites and is therefore not responsible for it.
Likewise, it is forbidden for third parties to establish hyperlinks to this WEBSITE without the prior and express consent of THE COMPANY.
The authorisation by THE COMPANY of the establishment of a hyperlink to a third party site does not imply the existence of any contractual relationship with said third party, nor should it lead the user to believe that it is a suggestion.
Accordingly, THE COMPANY assumes no responsibility whatsoever for the content of the aforementioned page.
APPLICABLE LAW AND COMPETENT JURISDICTION:
These GTC are governed by Spanish law. In order to resolve any controversy or dispute arising from these GTC, THE COMPANY submits to the criteria for determining jurisdiction established in the applicable legislation on consumers and users.
In the event that any clause of these GTC is declared null and void, the other clauses will remain in force and will be interpreted taking into account the will of the parties and the purpose of these GTC. THE COMPANY may not exercise any of the rights and faculties conferred in this document, which will not imply in any case the waiver of the same unless express recognition by THE COMPANY or legal prescription of the action that in each case corresponds.
