Conditions
PURPOSE AND GENERAL
These General Conditions of Use, Conditions of Sale and Privacy Policy regulate the use of the website www.MarcelaJardon.com (hereinafter “the Website”), of which Marcela Jardón (hereinafter THE GALLERY) with address at Calle Consell de Cent 264, in Barcelona 08011, is the owner.
Through its website www.MarcelaJardon.com, LA GALERÍA provides information about the works and offers the possibility of their acquisition. Due to the content and purpose of the Website, people who want to benefit from its services must have the status of “Client”, which they acquire by completing the registration form and following the steps in the My Account section. The condition of Client implies adherence to the Conditions of Use the version published at the time the Website is accessed.
In any case, there are pages on the Website accessible to natural or legal persons who do not register or initiate a product purchase (hereinafter “Users”). In this sense, the Users who access these parts of the Website agree to be subject to the terms and conditions set forth in these General Conditions, insofar as this may apply to them.
THE GALLERY wants to let its Clients and Users know that it is exclusively addressed to a public over 16 years of age.
If a User is interested in receiving an item outside the territory of Spain, they should contact LA GALERÍA through the form or by sending an email to info@marcelajardon.net, they will study your request and inform you about it.
CONTACT: For any type of question, query or suggestion, you can send your comments by email to: info@marcelajardon.net
INFORMATION ON WORKS
The descriptions of the works exhibited on the Website are made individually and specifically. However, the photographs or videos related to the same content on the website, www.MarcelaJardon.com may vary slightly, due to the display conditions determined by the type of screen, resolution, color settings, and other technical characteristics. of the equipment used by the User
PURCHASING PROCESS
The process of purchasing and placing an order on the Website www.MarcelaJardon.com is simple and consists of the following steps:
1. Find the work you want.
2. Add the product / s (the selected work / s) to your shopping cart.
3. Carry out the online purchase process.
4. Select delivery and billing options.
5. Review your order.
6. Confirm your order.
7. Receive an order confirmation online.
You will have the opportunity to review and modify the data and information entered during the entire purchase process until you click on the “Send order” button.
FORMALIZATION OF ORDERS
Once the order is formalized, that is, with the acceptance of the Conditions of Use and the confirmation of the purchase process, www.MarcelaJardon.com will send an email to the CLIENT confirming the details of the purchase made.
Your order will be binding when you have clicked the “Submit Order” button at the end of the ordering process. By clicking on the button “Send order” you are placing the order shown on the final screen of the purchase process. At that time the purchase contract will have been formalized.
PRICES
All the prices of the works indicated on the website include VAT and any other taxes that may correspond. However, these prices do not include the expenses corresponding to the shipment of the works, which are detailed separately and must be accepted by the Client.
AVAILABILITY
MARCELA JARDÓN informs the Client that the number of works available is kept up to date.
MARCELA JARDÓN will do everything possible to please all its Clients in the demand for the works. However, sometimes, and because they are either original works or limited editions, the work may no longer be available.
PAYMENT
The Client agrees to pay at the time he places the order. To the initial price that appears on the website for each of the works offered, the rates corresponding to the relevant shipping costs will be added. In any case, said rates will be previously communicated to the Client before formalizing the purchase itself.
The Client must pay the amount corresponding to their order by paying through Pay Pal.
The Client must notify MARCELA JARDÓN of any improper or fraudulent charge in the account used for purchases, by email or by telephone, in the shortest possible time so that MARCELA JARDÓN can take the necessary steps
SECURITY
The Web www.MarcelaJardon.com has the maximum commercially available security measures in the sector.
Protect your User / Password
CANCELLATION OF ORDERS
MARCELA JARDÓN will accept cancellations of orders when they are requested before sending it. To make the cancellation you must request it by e-mail to info@marcelajardon.net
MARCELA JARDÓN reserves the right to cancel any purchase (an order that it has already accepted) in the following situations (among others), and will be exempt from any liability for damages, losses or costs:
.the product is not available / in stock (all payments will be refunded);
.your billing information is incorrect or not verifiable;
.your order is marked by security systems as a rare order or an order susceptible to fraud;
.your payment is not received upon acceptance of your order;
.There is evidence that you are under the age of 16;
. there was an error in the offered price;
.The delivery could not be made to the address provided;
In any of these cases, it will inform you in a timely manner, giving you the opportunity to correct any error or provide more information to correct the order. If the purchase is finally canceled and the charge has already been made to your account, MARCELA JARDÓN will make a refund of your money.
DEADLINES, PLACE OF DELIVERY AND LOSSES I. Delivery of the work MARCELA JARDÓN undertakes to deliver the work in perfect condition to the address indicated by the Client on the order form. In order to optimize delivery, we thank the Customer to indicate an address where the order can be delivered within normal business hours. MARCELA JARDÓN will not be responsible for the errors caused in the delivery when the delivery address entered by the Client in the order form does not conform to reality or data has been omitted. Delivery term Shipments are made through the mail company. The order made by you will be delivered within 10/15 working days from when I have confirmed the order. These deadlines are means, and therefore an estimate. Therefore, they may vary for logistical or force majeure reasons. In cases of delays in deliveries, MARCELA JARDÓN will inform its clients as soon as it becomes aware of them. Each delivery is considered made from the moment the mail company makes the product available to the Customer. Delays in delivery will not be considered those cases in which the order has been made available to the Client by the mail company within the agreed period and could not be delivered for reasons attributable to the Client. You can consult the shipping costs at the time of purchase. Once the order leaves the gallery, an email will be sent notifying you that your order is being shipped.
For security reasons, MARCELA JARDÓN will not send any order to post office boxes or military bases, nor will it accept any order when it is not possible to identify the recipient of the order and its address.
III. Delivery Data, Undelivered Deliveries and Loss
If at the time of delivery the Client is absent, the mail will leave a receipt indicating how to proceed to arrange a new delivery. You can select, as part of the mail delivery service, the certified service, which allows you to carry out a series of follow-up actions, aimed at ensuring that delivery occurs.
If after 15 working days after the delivery of the order, delivery has not been arranged, the Client must contact the mail company. In the event that the Client does not proceed in this way, after 20 working days from the delivery of the order, it will be returned to MARCELA JARDÓN and the Client must bear the shipping and return costs of the merchandise, as well as the possible associated management costs.
If the reason the delivery could not be made is the loss of the package, MARCELA JARDÓN will initiate an investigation. In these cases, response times usually range from one to four weeks.
IV. Diligence in delivery
The Client must check the good condition of the package, indicating any anomaly that it could detect in the packaging. If, later, after reviewing the product, the Client detects any incident such as blow, breakage, signs of having been opened or any damage caused by the shipment, the latter undertakes to notify MARCELA JARDÓN via email within the shortest period of possible time, before the next 24 hours from delivery. From that moment, no incidents of this type will be dealt with (only parts under warranty).
RETURN I. Return procedure All works purchased from MARCELA JARDÓN may be returned and refunded, provided that the Client communicates to MARCELA JARDÓN his intention to return the acquired work within a maximum period of up to 14 working days from the date of delivery and that the rest are fulfilled. of the conditions established in this section. MARCELA JARDÓN will only accept returns that meet the following requirements: The work must be in the same state in which it was delivered and must retain its original packaging and labeling. The shipment must be made using the same box in which it was received to protect the product. In the event that it can not be done with the box with which it was delivered, the Client must return it in a protective box so that the work reaches THE GALLERY with the maximum possible guarantees. A copy of the delivery note must be included in the package, where the returned work is marked. With the aim of facilitating the return process for Clients and being able to follow it up correctly, MARCELA JARDÓN establishes the only return procedure established by these conditions. If the reason for the return is attributable to MARCELA JARDÓN (the work is not the one you requested, etc.), the amount of the return will be refunded. If the reason is different (the works were served correctly but are not to your liking), the cost of the return costs will be borne by the customer. To proceed with a return, the following steps must be followed:
Inform within 14 calendar days from receipt that the work wants to be returned. The information can be made via e-mail to info@marcelajardon.net MARCELA JARDÓN will inform the client of the address to which the product must be shipped. The client must send it through a courier company of their choice. Inform MARCELA JARDÓN of the courier company used, date and time of the return. II. CUSTOMER REFUNDS The return of the works will give rise to a refund equal to the cost of the returned works less the cost of the return service. Only in the event that the delivered work is incorrect, MARCELA JARDÓN will also reimburse the Client for the corresponding shipping costs. MARCELA JARDÓN will manage the refund order under the same system that was used for payment within 14 days from the confirmation of arrival to the study of the returned order. The application of the refund in the Client’s account will depend on the account and the issuing entity.
CERTIFICATE OF THE WORKS ACQUIRED
MARCELA JARDÓN guarantees that the works presented for sale on www.MarcelaJardon.com are original. Each work is sent with its corresponding signed certificate.
INTELLECTUAL PROPERTY
All content included in this site, such as text, graphics, logos, icons, images and HTML source code, are the property of MarcelaJardon.com, its owner and / or its suppliers and partners, and any third party content is used by MarcelaJardon .com in accordance with the express authorization of the copyright owners or their agents.
You must not use, reproduce, modify or distribute our images or any part of the images in any way whatsoever.
All artists retain copyright in their own works of art.
Clients and Users are warned that such rights are protected by current Spanish and international legislation regarding intellectual property.
Likewise, and without prejudice to the foregoing, the content of this website is also considered to be a computer program, and therefore, it is also applicable to all Spanish and European Community regulations in force on the matter.
Total or partial reproduction of this website, or any of its content, is expressly prohibited without the express written permission of MARCELA JARDÓN.
Likewise, copying, reproduction, adaptation, modification, distribution, commercialization, public communication and / or any other action that constitutes an infringement of current Spanish and / or international regulations in the field of intellectual and / or industrial property, as well as the use of the contents of the Web if it is not with the prior express written authorization of MARCELA JARDÓN.
MARCELA JARDÓN informs that it does not grant any license or implicit authorization on the intellectual property rights or on any other right or property related, directly or indirectly, with the contents included in the Web.
Only the use of the contents of the web domain is authorized for informational and service purposes, provided that the source is cited or referred to, the user being solely responsible for their misuse.
ACCESS AND STAY ON THE WEB
Clients and Users are fully responsible for their conduct, when accessing the information on the Web, while browsing it, as well as after having accessed it.
As a consequence of the foregoing, Clients and Users are solely responsible to THE GALLERY and third parties for:
The consequences that may derive from the use, for illicit purposes or effects or contrary to this document, of any content on the Web, whether or not produced by MARCELA JARDÓN, published or not under its official name.
As well as the consequences that may arise from the use contrary to the content of this document and harmful to the interests or rights of third parties, or that in any way may damage, disable or deteriorate the Web or its services or prevent normal enjoyment by Other users.
MARCELA JARDÓN reserves the right to update the contents when it deems it convenient, as well as to eliminate, limit or prevent access to them, temporarily or permanently, as well as deny access to the Web to Clients and Users who do wrong use of the contents and / or breach any of the conditions that appear in this document.
MARCELA JARDÓN informs that it does not guarantee:
That access to the Web is uninterrupted or error-free.
That the content or software that Clients and Users access through the Web does not contain any error, computer virus or other elements in the contents that may cause alterations in their system or in the electronic documents and files stored in their computer system or cause other types of damage.
The use that the information or content of this Web that the Clients and Users could make for their personal purposes.
The information contained in this website should be considered by Clients and Users as informative and guiding, both in relation to its purpose and its effects, which is why:
MARCELA JARDÓN does not guarantee the accuracy of the information contained on this website and, consequently, they do not assume any responsibility for the possible damages or inconveniences for the Users that may derive from any inaccuracy present on the Web.
RESPONSIBILITY
MARCELA JARDÓN does not assume any derived responsibility, by way of example but not limitation:
Of the use that Clients or Users may make of the materials of this Website or linked websites, whether prohibited or permitted, in violation of the intellectual property rights of content on the Website or third parties.
Of the eventual damages to the Clients or Users caused by a normal or abnormal operation of the search tools, of the organization or the location of the contents and / or access to the Web and, in general, of the errors or problems that are generated in the development or instrumentation of the technical elements that the Web or a program provides to the User.
Of the contents of those pages that Clients or Users can access from links included on the Web, whether authorized or not.
Of the acts or omissions of third parties, regardless of whether these third parties could be linked to MARCELA JARDÓN by contractual means.
Of the access of minors to the contents included in the Web, 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 for controlling Internet use with in order to avoid (i) access to materials or content not suitable for minors, as well as (ii) the sending of personal data without the prior authorization of their parents or guardians.
Of the communications or dialogues in the course of the debates, forums, chats and virtual communities that are organized through or around the Web and / or linking websites, nor will it be responsible, therefore, for any damages and prejudices that they suffer. Private and / or collective Clients or Users as a consequence of said communications and / or dialogues.
MARCELA JARDÓN will not be responsible in any case when:
Errors or delays in accessing the Website by the Customer when entering their data in the order form, the slowness or inability to receive the order confirmation by the recipients or any anomaly that may arise when these incidents are due to problems on the Internet, acts of God or force majeure and any other unforeseeable contingency unrelated to MARCELA JARDÓN’s good faith. Failures or incidents that may occur in communications, deletion or incomplete transmissions, so that the website services are not guaranteed to be constantly operational. Of the errors or damages produced to the website by an inefficient use of the service and in bad faith on the part of the Client. Of the non-operation or problems in the email address provided by the Client for sending the order confirmation. In any case, MARCELA JARDÓN is committed to solving any problems that may arise and offering all the necessary support to the Client in order to reach a quick and satisfactory solution to the incident. Likewise, MARCELA JARDÓN has the right to carry out promotional campaigns during defined time intervals to promote the registration of new members in its service. PRIVACY POLICY Clients and Users agree to browse the website and use the content in good faith.
In compliance with the provisions of Organic Law 15/1999, on the Protection of Personal Data, we inform you that the completion of any existing form on the Website www.MarcelaJardon.com or the sending of an email to any of my mailboxes implies acceptance of this privacy policy. The data of the Clients will be used to send the purchase confirmations via email and to deliver the purchases. By the mere visit to the Web, Users do not provide any personal information or are obliged to provide it. MARCELA JARDÓN undertakes to keep the utmost reserve and confidentiality regarding the information provided and to use it only for the stated purposes.
MARCELA JARDÓN presumes that the data has been entered by its owner or by a person authorized by it, as well as that it is correct and exact.
Clients are responsible for updating their own data. At any time, the Client will have the right of access, rectification, cancellation and opposition to all their personal data included in the different registration forms. To modify or update their personal data, the Client must access www.MarcelaJardon.com, in the “My Account” section. To cancel your account write an email from your account email to info@marcelajardon.net with the subject “Cancel account”.
Therefore, the Client is responsible for the veracity of the data and MARCELA JARDÓN will not be responsible for the inaccuracy of the Clients’ personal data. In accordance with the current legislation on data protection, MARCELA JARDÓN has adopted the appropriate levels of security for the data provided by the Clients and, in addition, has installed all the means and measures at its disposal to avoid loss, misuse, alteration, unauthorized access and removal thereof.
NULLITY
In the event that any clause of these Conditions of Use is declared 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 Conditions of Use.
MARCELA JARDÓN may not exercise any of the rights and powers conferred in this document, which in no case will imply the waiver thereof unless expressly recognized by MARCELA JARDÓN or prescription of the action that in each case corresponds.
MODIFICATION OF THE TERMS OF USE
MARCELA JARDÓN reserves the right to modify, at any time, the presentation and configuration of the Website, as well as these General Conditions. For this reason, MARCELA JARDÓN recommends the Client to read them carefully each time they access the Website.
Clients and Users will always have these Conditions of Use in a visible place, freely accessible for whatever queries you want to make. In any case, the acceptance of the Conditions of Use will be a previous and indispensable step to the acquisition of any product available through the Website.
APPLICABLE LAW AND ARBITRATION
These Terms of Use are governed by the applicable Spanish legislation on the matter. To resolve any controversy or conflict arising from these Terms of Use, the parties submit to the jurisdiction of the courts of the city of Barcelona, unless the law imposes another jurisdiction.
Updated on 08/15/2016
