In the present Conditions of Sale, “we” or “us” means “Photential Art S.L.”, and “you” means the client;
These Conditions of Sale (hereinafter “General Conditions”), regulate the legal relationships that emerge in the course of sales realized by you on the website www.photential.art and the owner of the website, Photential Art S.L. with CIF B88367883, located at Calle de Alberto Bosch 12, 4b, 28014, Madrid, Spain;
On the website www.photential.art various items, such as artworks by photographers and merchandise, are being displayed for sales;
In the case of the sales of artworks by photographers, Photential Art S.L. concludes the contract on behalf and in the name of the corresponding photographer;
You accept the General Conditions from the moment you use or contract any service provided or purchase any product offered by Photential Art S.L.;
You can print and store these General Conditions;
In case you have any questions as to the General Conditions, you can contact us by sending an email to firstname.lastname@example.org
PLACEMENT OF THE ORDER
In order to place an order on our website, you have to be at least 18 years old and the capacity to enter into contracts;
By placing an order on our website, you are making an offer and Photential Art S.L. reserves a right as to whether to accept such an offer;
By placing an order on our website, you declare that the data and the information that you provided at the time of the registration and placing the order are truthful;
You can place the order at out website www.photential.art or, in exceptional cases provided by these General Conditions (such as in the case of B2B sales), by contacting us at email@example.com;
When placing the order of the selected items, you will be required to accept the present General Conditions;
In order to place your order at our website www.photential.art, you have to have internet access;
Before starting the purchase process, you have to complete the registration as a user by filling in an electronic form;
Once the registration process is completed, an email confirming the registration will arrive a the electronic address indicated during the registration;
Once registered, you can proceed with the purchasing process of the items added to your basket or continue browsing the website to add new products to the basket;
After completing the registration process and once all the items that you are wishing to purchase are added to the basket, the purchase is continued arriving at the screen allowing you to choose the Payment Methods, Methods of Shipping and Modification(if required) of the billing and/or shipping information;
Once the purchase is made and as quickly as possible, within a reasonable time, Photential Art S.L. will send customers an email with the receipt of the order that will contain the summary of the purchase, as well as payment information if applicable and shipping data and billing;
Orders can be placed 24 hours 365 days of the year, although the orders placed after 5pm CET may not be processed until the following working day in the city of Madrid (orders that are received on the weekend or during a festive day will be processed the following Monday or the first workday following the festivity).
Prices of the items indicated on our website include VAT;
The price of the item will be indicated in your order and/or invoice;
The payment of VAT is on the buyer;
VAT will not apply to the purchase of items whose destination is outside the European Union;
If you are a business wishing to purchase the items on our website (B2B sales), please contact firstname.lastname@example.org for further information;
The shipping costs are borne by the customer, as indicated in your order and invoice;
In the shipments to the Canary Islands, Ceuta and Melilla, the client, upon receiving the product, will be charged with customs clearance expenses, as well as the payment of local tax, IGIC or similar, and such costs are on the client;
In shipments to countries not belonging to the European Union or with which the European Union does not have a customs removal agreement, the client will bear the costs of customs clearance and other taxes that may be applicable when receiving the product.
You can pay the order through the following payment systems: Apple Pay, Google Pay, PAYCOMET;
The payments are done in Euros;
If you choose to pay with a card through PAYCOMET system, you must provide your card information at the time of placing your order;
We only accept payments with secure cards in which the identity of the cardholder is verified according to the method established by cardholder’s bank, through the secure electronic commerce service;
Only if it is strictly necessary, the payment may be done through a bank transfer – please contact email@example.com regarding this payment option.
We will send your order to the mailing address that you indicated at the time of placing your order;
The orders are insured with the insurance policy covering the replacement value of the acquired items;
We will send your order within the delivery period that appears on our website with the order confirmation;
The delivery time ranges between 7 to 10 business days;
In case of several items having been requested in the same order, we may have to deliver them on different dates, depending on the availability of the items. You can cancel your order at any time before the shipment by sending an email to firstname.lastname@example.org indicating your order number;
We will send confirmation of the shipment when the transport picks up the order to the email address that you have provided when placing the order. In the shipping confirmation we will indicate the tracking number so that you can follow the shipment through the carrier’s website, according to the shipping method you have selected;
The customer will become liable for the ownership and risk of loss of the products once delivered.
In the case of shipments to the Canary Islands, Ceuta and Melilla, as well as other destinations with a customs dispatch, the customs clearance expenses, as well as the payment of the local tax, will always be borne by the customer. If you reject the order at the time of delivery and it is returned to Photential Art S.L. by the transport company, the cost of customs, local tax and shipping costs, as well as expenses, will be deducted from the refund of the purchase, and also the bank expenses, if any.
6 FORCE MAJEURE
We put our best effort into fulfilling the orders that are placed on our website;
However, we are not responsible for ay delays or incompliance if such are due to a force majeure;
In case of the delay, we will fulfill our delivery obligations as soon as it is reasonably possible.
7 SATISFACTION OR RETURN. RIGHT OF WITHDRAWAL
As a consumer purchasing goods in an e-commerce platform, you have a right of withdrawal – the information as to this right is the following (and will also be enclosed in the printed form in the order):
You have the right to withdraw from the contract of sale of goods concluded with Photential Art S.L. within 14 days without giving any reason;
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods;
To exercise the right of withdrawal, you must inform us (Photential Art S.L. with CIF B88367883, located at Calle de Alberto Bosch 12, 4b, 28014, Madrid, Spain; tel. +34 663 487 599; email email@example.com) 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 model withdrawal form enclosed with the order, 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;
If you withdraw from the contract of sale of goods cocluded with Photential Art S.L., we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this 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; in any event, you will not incur any fees as a result of such reimbursement;
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest;
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired;
You will have to bear the direct cost of returning the goods;
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
In the case of returns from the Canary Islands, Ceuta and Melilla, and other destinations where there is a customs dispatch, the customs clearance and local taxes, if any, will always be in your charge;
When the product is defective from the origin, you must send an email to firstname.lastname@example.org with the invoice number and an explanation of the defect. We will send you an email indicating how to return the defective product to Photential Art S.L. Once the defective product has been received and inspected, we will send another one in exchange without any additional cost (always subject to availability). In this case, the change will be made by the same article or reference. Photential Art S.L. will take care of the shipping costs corresponding to the return and new shipment;
Any damage attributable to the customer, such as inattention to adequate measures for the conservation of the purchased item, exposure to light, water or other elements, influence of environmental and climatic conditions, improper use of the purchased item and other similar factors, will not be considered as defects from the origin;
When the goods, by mistake, do not correspond to the order, Photential Art S.L. will bear the cost of collecting the wrong goods and delivery of the corresponding ones;
In case of return, the refund of the amount paid will be made through the means of payment used in the purchase;
Photential Art S.L. will not refund the amount or make any return of merchandise until the reception, the packaging and the product returned has been verified.
WEBSITE CONTENT AND INFORMATION
Photential Art S.L. reserves the right to modify the information and offers presented on the website www.photential.art (information relating to modification of products, prices, promotions and other commercial and service conditions) at any time;
Photential Art S.L. puts all reasonable effort to make the information displayed on its website accurate and without typographical errors;
If any such were to occur, not at the will of Photential Art S.L., it will be corrected immediately, as soon as it is detected – if you notice any error, please inform as at email@example.com;
If an error occurs in some of the prices displayed on our website and you place an order of the item with the erroneous price, we will notify you of this error, and you will have the right to cancel the order without cost on your part;
The automatic purchase confirmation does not validate the conditions of a wrong price;
The information on the website is in English, including all contractual information displayed and sent to consumers or users.
Photential Art S.L. declares that it complies with current data protection regulations in Spain and the EU, which include the following: the Organic Law 15/1999, of December 13th, on the protection of Personal Data and the Decree 1720/2007 of December 21st, which develops the aforementioned organic law; as well as the General Data Protection Regulation (EU) 2016/679 of 27 April 2016;
At the time of placing your order, you will also be provided with the option to subscribe to the commercial communications of promotion, newsletters, or advertising of the products offered by Photential Art S.L. – if you wish to withdraw such consent at any time, please email firstname.lastname@example.org;
If you wish to exercise the rights to access, to rectification, to erase, to restrict processing, to object to processing, to data portability, not to be subject to automated individual decision-making, or any other right pursuant to current legislation, please email email@example.com;
APPLICABLE LAW AND JURISDICTION
Disputes arising out of any dealings with Photential Art S.L., in particular, the performance and interpretation of the General Conditions, shall be governed by the laws of the Kingdom of Spain;
Except for when the user acts as a consumer, in which case the competent courts will be the ones that correspond to the user’s domicile, the parties, hereby waiving expressly any other jurisdiction that may apply, expressly agree to submit the disputes arising out of any dealings with Photential Art S.L. to the Courts and Tribunals of the City of Madrid.
If any clause of the General Conditions is declared, totally or in part, null or ineffective, then this will affect only the said clause or its part, with all other provisions of the General Conditions subsisting;
The present General Conditions are effective and updated as to March 2, 2021.
CONTACT WITH PHOTENTIAL ART S.L. You can contact us using the following means:
By mail to Calle de Alberto Bosch 12, 4b, 28014, Madrid, Spain;