General Terms of Sale
The present General Conditions of Sale regulate the contractual relationship for the acquisition of the serialized works of art that Ramon París García offers on www.ramon.paris / www.ramonparis.com.
The General Conditions of Sale described below govern exclusively the contractual relationship between any user of this Web Site www.ramon.paris, ramonparis.com (hereinafter “Customer”) and the seller, www.ramon.paris, ramonparis.com (Ramon Paris Garcia, NIF 46430360F, hereinafter “ramon.paris”) and owner of the online store: www.ramon.paris and ramonparis.com.
This document (as well as all other documents mentioned herein) regulates the conditions governing the use of this Website (www.ramon.paris, ramonparis.com) and the purchase or acquisition of serial artwork and/or services on it (hereinafter, Conditions). In addition to reading these Conditions, before accessing, browsing and/or using this website, the Client must have read the Legal Notice and the General Conditions of Use, including the cookies policy and the privacy and data protection policy of Ramón París García. By using this Website or by making and/or requesting the purchase of a product and/or service through it, the Client agrees to be bound by these Conditions and all of the above, so if you do not agree with all of the above, you should not use this Website.
Likewise, it is informed that these Conditions may be modified. The Customer 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 Customer may have regarding the Conditions, he/she may contact the owner using the contact details provided above or, where appropriate, using the contact form.
1. THE CUSTOMER
The Customer assumes responsibility for the correct use of ramon.paris. This responsibility shall extend to:
- To make use of this Web Site only to make legally valid inquiries and purchases or acquisitions.
- Not to make any false or fraudulent purchase. 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 Customer declares to be over 18 years of age and to have legal capacity to enter into contracts through this Website.
The shop is primarily intended for Customers residing in Spain. Ramón París García does not ensure that the Web Site complies with the laws of other countries, either in whole or in part. Ramón París García disclaims any liability that may arise from such access, nor does it ensure shipments or provision of services outside Spain.
The Customer may formalize, at its option, with Ramón París García the contract of sale of the products and / or services desired in any of the languages in which these Conditions are available on this Web Site.
2. PURCHASE PROCESS
The duly registered Customer may purchase on the Website by the means and ways established. They shall follow the online purchase and/or acquisition procedure of www.ramon.paris, during which several serialized artworks and/or services may be selected and added to the cart, basket or final purchase space and, finally, click on “Proceed to checkout”.
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.
The Customer must complete the entire purchase process and make the payment with any of the systems that the page provides. Subsequently, the Customer will receive an email confirming that Ramón París García has received your order or purchase request, ie, order confirmation. And, where appropriate, you will also be informed by email when your purchase is being shipped. Where appropriate, this information may also be made available to the Customer through your personal space connection to the Website. The order confirmation is not valid as an invoice, only as proof of purchase.
Once the purchase procedure has been completed, the Customer consents to the Website generating an electronic invoice that will be sent to the Customer by e-mail and, where appropriate, through his personal connection space on the Website. Likewise, the Customer may, if he so wishes, obtain a copy of his invoice on paper, by requesting it to Ramón París García using the contact spaces on the Website or through the contact details provided above.
The Customer 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 next to the presentation or, where appropriate, image of it on its page on the Website, indicating, by way of example, but not exhaustive, and on a case-by-case basis: name, price, components, weight, quantity, color, details of the products, or characteristics, way in which they will be carried out and/or cost of the services; and acknowledges that the placement of the purchase order or acquisition materializes the full and complete acceptance of the particular conditions of sale applicable to each case.
3. THE SERIALIZED WORK OF ART: AVAILABILITY
All purchase orders received by Ramón París García through the Website are subject to the availability of the serialized artwork and/or that no circumstance or cause of force majeure (clause nine of these Conditions) affects the supply of the same and/or the provision of services. Should difficulties arise in the supply of the serialized artwork or should it not be in stock, Ramón París García undertakes to contact the Client and reimburse any amount that may have been paid by way of payment. This shall also apply in cases where the provision of a service becomes unfeasible.
THE SERIAL WORK OF ART : Warranties
ramon.paris products, as serialized and handcrafted works of art, may present non-homogeneous characteristics as long as they derive from the type of material with which they have been manufactured, and therefore they will be part of the individual appearance of the work, and will not be a defect. As a serialized and numbered work, each piece is an original in itself.
It is understood that the products are in conformity with the contract provided that: they conform to the description made by Ramón París García and possess the qualities presented therein; they are suitable for the uses to which products of the same type are ordinarily put; and they present the usual quality and performance of a product of the same type and that they are fundamentally to be expected of the same. When this is not the case with respect to the products delivered to the Customer, the Customer shall proceed as indicated in the section Return of defective products or error in shipment
4. PRICING AND PAYMENT
The prices published on the Website are the final prices, in Euros (€) and include taxes, unless otherwise indicated and applied by legal requirement, especially with regard to VAT. In accordance with article 136 of the VAT law, works of art such as original serigraphs of limited print runs of 200 copies are exempt from VAT.
The items offered exclude shipping costs, which will be added to the total amount at the time of selection of the shipping method by the Customer, and where the Customer will consult the available shipping methods and costs and freely choose the one that suits him/her best.
Prices may change at any time, but any changes will not affect orders or purchases for which the Customer has already received an order confirmation.
Accepted means of payment will be: PayPal, and Bank Transfer or Bizum.
Ramón París García uses all means to ensure the confidentiality and security of payment data transmitted by the Customer during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).
In any case, by clicking on “Place order” the User confirms that the payment method used is his own.
Purchase orders or purchases in which the Customer selects bank transfer as a means of payment will be reserved for 5 calendar days from the order confirmation in order to allow sufficient time for the bank transfer to be taken into account by the payment system used by Ramón París García for the Website. When the system receives the transfer, the order will be prepared and managed for shipment. By this method of payment, the Customer must ensure that correctly enter the exact amount of the purchase order, as well as the account number and the reference of the transfer. In case of error, Ramón París García will not be able to validate the order, which will be canceled.
ramon.paris ships to mainland Spain and Balearic Islands, European Community and other European countries and North America. 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 shipping method selected by the Customer and, in any case, within a maximum period of 45 calendar days from the date of order confirmation. Delivery times and prices can be consulted here.
If for any reason, which was attributable to him, Ramón París García could not meet the delivery date, will contact the Customer to inform him of this circumstance and the Customer may choose to proceed 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.
The purchased products will be delivered to the person and address indicated in the order. By default, invoices will be sent to the email address indicated by the customer at the time of registration on our website.
On Saturdays, Sundays and holidays, there will be no departure or delivery of orders. However, their delay will not imply neither cancellation of the order nor any compensation.
An order is considered delivered when the carrier delivers the package or packages to the customer and the customer signs the delivery receipt document. It is the customer’s responsibility to check the condition of the serialized artwork upon receipt and to indicate any anomalies on the delivery note.
An order is considered delivered when the carrier delivers the package(s) to the customer and the customer signs the delivery receipt document. It is the customer’s responsibility to check the condition of the goods upon receipt and to indicate any anomalies on the delivery note.
In accordance with the provisions of Law 37/1992 of 28 December 1992 on Value Added Tax (VAT), purchase orders for delivery and/or provision shall be deemed to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate shall be that legally in force at any given time depending on the specific item in question.
In this same sense, and in accordance with Chapter I of Title V of Council Directive 2006/112 of 28 November 2006 on the common system of VAT, purchase orders shall be located, for delivery and/or supply, in that Member State of the European Union in which the address appearing on the purchase order is located and, therefore, the applicable VAT shall be that in force in that Member State.
In orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of Law 37/1992, and Directive 2006/112, without prejudice to the application of taxes and duties under the regulations in force in each of these territories. The Customer must take into account that in these territories there could be situations in which taxes and customs duties are applied and accrued at destination, in accordance with the regulations in force, and that these could be borne by the Customer.
For all other locations, other than the above, where the purchase orders will be located, for their delivery and/or performance, the regulations in force at any given time will be applied; the Customer must take into account that this could generate the application and accrual of taxes and customs duties at destination, in accordance with the regulations in force at destination, and that these could be borne by the Customer. For further information, the Customer should contact the customs office at destination.
Our policy, in compliance with current regulations, is to grant the right of withdrawal of any product purchased in our store within 14 calendar days from the date of receipt.
The Customer, as a consumer and user, makes a purchase on the Website and therefore has the right to cancel the purchase within 14 calendar days without justification. This withdrawal period will expire 14 calendar days from the day that the Customer or a third party authorized by it, other than the carrier, acquired the serialized works of art on the Website of Ramón París García, or in the case of a service contract, 14 calendar days from the day of the conclusion of the contract.
Before making the return, the Customer must notify the Customer Service Department, by writing an email to firstname.lastname@example.org. To meet the withdrawal deadline, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the expiry of the corresponding period of 14 working days.
The Customer will be responsible for the return shipping costs. In addition, for the return to be accepted by ramon.paris:
– Works must be returned within 14 working days from the date of communication of the return by the Customer.
–The artworks must be returned in their original envelope/packaging.
– The works must be in good condition, must not have been intervened, modified or damaged.
The Customer may return or send the products to Ramón París García at:
C/Doctor Klein 168, 1-1. 08440 Cardedeu, Spain.
And it must do so without undue delay and, in any case, no later than 14 calendar days from the date on which Ramón París García was informed of the withdrawal decision.
Within a maximum period of 14 days from receipt of the return, if everything is correct, Ramón París García will refund all payments received, including shipping costs (with the exception of additional shipping costs chosen by the Customer) without undue delay and, in any case, no later than 14 calendar days from the date of receipt of the notice of withdrawal.
The Customer 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 Protection of Consumers and Users and other complementary laws. By way of example, and not exhaustive, this would be the case of: personalized products.
In this same sense governs the provision of a service that the User could hire on this Web Site, as this same law states that the right of withdrawal will not assist customers when the service has been fully executed, or when it has begun, with the express consent of the consumer and user and with the recognition on his part that he is aware that, once the contract has been fully executed by Ramón París García, he will have lost his right of withdrawal.
In any case, no refund will be made if the works have been used beyond the mere opening, are not in the same condition in which they were delivered or have suffered any damage after delivery.
Return of defective products or shipment error
If the reason for the return is that the returned item is defective or does not correspond to what was requested in the order, you should contact Ramón París García immediately and let him know the existing disagreement (defect / error). Ramón París García will bear the cost of return and reshipment. The refund will be made by the same means of payment that the Customer used to pay for the purchase.
If the reason for the return is that the order does not satisfy you, we will refund the amount but not the shipping and return costs. The Customer will then be informed on how to proceed with the return of the work(s), which will be examined and the Customer will be informed, within a reasonable period of time, whether to proceed with the refund or, if necessary, the replacement of the work(s).
7. DISCLAIMER OF LIABILITY
Unless otherwise provided by law, Ramón París García accepts no liability for the following losses, regardless of their origin:
- Ramón París García applies all measures concerning to provide a faithful visualization of the works on the Website, however it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser being used or others of this nature.
- Ramón París García will act with the maximum diligence in order to make available to the company in charge of the transport of the product object of the purchase order. However, it is not responsible for damages arising from a malfunction of transport, especially for reasons such as strikes, road delays, and in general any other sector-specific, resulting in delays, losses or thefts of the product.
- Technical failures that for fortuitous or other causes, prevent a normal operation of the service through the Internet. Lack of availability of the Web Site for maintenance or other reasons, which prevents the availability of the service. Ramón París García puts all the means at its disposal in order to carry out the process of purchase, payment and shipping / delivery of products, however disclaims liability for causes not attributable to him, fortuitous event or force majeure.
- Ramón París García will not be held responsible for the misuse and/or wear and tear of the works used by the Client. At the same time, Ramón París García will not be responsible for an erroneous return made by the Customer. It is the Client’s responsibility to return the correct work.
- In general, Ramón París García will not be liable for any failure or delay in the performance of any of the obligations assumed, when the same is due to events beyond its reasonable control, i.e. due to force majeure, and this may include, by way of example but not exhaustive:
- Strikes, lockouts or other industrial action.
- Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
- Impossibility to use trains, ships, airplanes, motor transport or other means of transportation, public or private.
- Impossibility of using public or private telecommunications systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
- Strikes, lockouts or other industrial action.
In this way, the obligations will be suspended during the period in which the force majeure continues, and Ramón París García will have an extension in the deadline to fulfill them for a period of time equal to the duration of the force majeure. Ramón París García will use all reasonable means to find a solution that will allow it to comply with its obligations despite the force majeure cause.
8. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Web Site, the Customer agrees that most communications with Ramón París García will be electronic. (to email@example.com).
For contractual purposes, the Client consents to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that Ramón París García sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the Client.
Likewise, unless otherwise stipulated, Ramón París García may contact and / or notify the Customer in your email or postal address provided.
No waiver by Ramón París García of any specific legal right or action or failure by Ramón París García to require strict compliance by the Client with any of its obligations shall constitute a waiver of any other rights or actions arising from a contract or from the Conditions, nor shall it exonerate the Client from compliance with its obligations.
No waiver by Ramón París García to any of these Conditions or to the rights or actions arising from a contract shall be effective unless it is expressly stated that it is a waiver and is formalized and communicated to the Client in writing.
Should any of these Conditions be 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.
11. FULL AGREEMENT
These Conditions and any document expressly referred to in these Conditions constitute the entire agreement between the Client and Ramón París García in relation to the object of the sale and purchase and replace any other prior pact, agreement or promise agreed verbally or in writing by the same parties.
The Client and Ramón París García acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.
12. DATA PROTECTION
13. 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 Ramón París García and the Client, shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.
14. COMPLAINTS AND CLAIMS
The Customer may send Ramón París García their complaints, claims or any other comments they may wish to make 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 Ramón París García 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: http://ec.europa.eu/consumers/odr/.