1 – PURPOSE AND ENFORCEABILITY OF THE GTCS
These general terms and conditions of sale are intended to define the terms and conditions for the online sale of the Works of Art available on the site https://mercedesperis.com/, and to define the rights and obligations of each party in said relationship. . The contract is entered into between the Seller (Mercedes Consuelo Peris Medina) and the Buyer (the ordering party).
2 – ACCEPTANCE
By placing an order, the buyer expressly accepts all of the general conditions of sale.
3 – ORDER
The Artworks are offered for sale on the Seller’s website, subject to availability.
Each one of the offered Works of Art is shown on the web together with a file that contains a synopsis about the work, its dimensions, technical information, edition data and price (depending on whether the copy is purchased framed or unframed, and depending on shipping areas). The prices that appear on this page include shipping and taxes. All the works for sale on the Site are reproductions in limited edition digital engraving, signed by the author and accompanied by a certificate of authenticity of the work and a certificate from the printer.
To purchase a Work of Art, the Buyer must select the Work of her choice, and follow one of the three available purchase methods:
1. Purchase by bank transfer. In this method you must provide the personal information necessary to place the order by filling out the form and make a transfer for the amount of the work to the indicated account.
2. Purchase by Bizum (only for payments from Spanish and Andorran bank accounts). In this method you must provide the personal information necessary to place the order by filling out the form and make the payment by Bizum to the indicated telephone number.
3. Purchase by credit or debit card. In this method you must provide the personal information necessary to place the order by filling out the form and make the payment using the Paypal payment button inserted on the page. Paypal services are used for payment but it is not necessary to have a Paypal user account. Once the Paypal platform is accessed, the Terms and Conditions of use of said service apply.
4– SALES PRICES AND TERMS OF PAYMENT
The sale price of the Works of Art is indicated on the Site in euros. This price includes:
– copy price
– price for the frame of the work (in the case of framed works)
– Shipping price
Shipping and packaging costs depend on the type of Artwork (framed or unframed), its dimensions, its weight and the place of delivery.
The payment of the price of the Work of Art by the Buyer to the Seller is made through the payment services available at mercedesperis.com: bank transfer, Bizum and credit or debit card (through PayPal). The transfer of ownership occurs once the Buyer has submitted the form and paid the full price. Failure to pay the full price prevents the purchase from being completed. Payment by credit card: When the amount of a purchase is charged using a credit card number without it having been presented directly or electronically identified, its holder may demand the immediate cancellation of the charge and the payment must be made to the As soon as possible. In the event that the purchase had actually been made by the cardholder and the cardholder had unduly demanded the cancellation, he will be obliged to compensate the seller for the damages caused as a result of said cancellation.
5 – DELIVERY OF THE ARTWORKS
The Works are delivered to the address indicated on the purchase form, during business hours and according to the procedures established by the carrier.
The Works are printed at the time of order. Once they have been printed (and framed, if applicable) they are sent.
The delivery time will depend on:
– The time required to obtain the impression.
– Whether the frame is in stock at the time of purchase.
– From the place of destination
The Seller undertakes to send the order as soon as possible, always taking into account that this depends on the time required for printing, the availability of frames and the place of destination.
As indicative information, it is estimated that the delivery time for orders in Spain (peninsula) can be two weeks; in Europe, three weeks. The Buyer must, as soon as he receives the order, check the status of the Work of Art, and communicate any reservation immediately and in writing.
6 – RIGHT OF WITHDRAWAL
The Buyer has a period of 14 days from the delivery of the Work to exercise his right of withdrawal before the Seller, without alleging any reason. The Buyer may exercise his right of withdrawal by sending an email to the following address firstname.lastname@example.org. The return of the purchase price will be reimbursed at the time of receiving the returned work in the appropriate conditions. The Buyer will bear the direct costs of returning the goods, the returned works that are damaged or soiled by the Buyer will not be accepted or reimbursed, the Seller reserving the right to decide at its sole discretion.
7 – STATUTORY GUARANTEES
The Seller undertakes to respect and apply the legal guarantees of the Buyer, that is to say: the non-compliance guarantee and the guarantee of hidden defects.
8 – FORCE MAJEURE
In the event of a force majeure situation, the performance of the contract may be suspended or, if completed, cause the cancellation of the sale. Expressly, cases of force majeure or fortuitous event are considered, those included in the Spanish Civil Code and those usually recognized by the jurisprudence of the Spanish courts and tribunals, that is, an event that is beyond the control of the debtor, which could not be expected. reasonably at the time of the contract being entered into, and the effects of which cannot be prevented by any suitable measure. The party that invokes Force Majeure must immediately inform the other party, as well as its extinction.
9 – INTELLECTUAL PROPERTY
The Seller guarantees that it is the author of the Works of Art for sale and that these do not violate the laws, regulations and norms in force, nor do they affect the rights of third parties. At the time of sale, the Seller transfers to the Buyer the material substrate of the work of art. However, the Seller retains its moral right to the artwork, as well as the rights relating to its reproduction.
10 – DATA PROTECTION
Mercedes Consuelo Peris Medina, through the Site, collects and retains the Buyer’s personal data to ensure the proper execution of these terms. In accordance with Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, the Buyer has the right to access, modify, rectify and delete their personal data processed through the Site, and the right to oppose the communication of said data to third parties for justified reasons by sending a request to the following address: email@example.com. The data stored will be limited to what is strictly necessary for the operation of the service. Mercedes Consuelo Peris Medina undertakes to take all necessary measures to protect the confidentiality of the information provided by the Buyer.
11 – APPLICABLE LAW
These general terms and conditions of sale are governed by Spanish law.
12 – MEDIATION
En caso de litigio, el Comprador tiene derecho a recurrir ante el Defensor del Consumidor para la resolución amistosa de cualquier litigio sobre la ejecución de las presentes Términos y Condiciones de Uso.
13 – COMPETENT JURISDICTION
Any dispute regarding the validity, interpretation or execution of these General Conditions of Sale will be brought before the Courts of Spain.