SHOPPING CONDITIONS
PURPOSE AND SCOPE OF APPLICATION
The purpose of these General Conditions of Contract is to regulate the relationship between the Enric Miralles Foundation (hereinafter THE FOUNDATION), and you (hereinafter “the Client”), regarding all transactions made through the website “wwwfundacioenricmiralles.com” (hereinafter the Web), domain owned by the Enric Miralles Foundation.
If you have any questions, please contact us at the following e-mail address: info@fundacioenricmiralles.com
The on-line contracting of products and/or services offered by THE FOUNDATION through the Website shall be subject to the provisions of these General Contracting Conditions.
ACCEPTANCE AND ACCEPTANCE TEST
The purchase of the products and/or services must be made through the activation of the PAY or BUY buttons that appear at the bottom of the page of the purchase requests, and express the total acceptance of each and every one of the Contracting Conditions, as shown on the FOUNDATION’s website at the time of purchase.
The FOUNDATION will send to the Client, once the present Terms and Conditions have been expressly accepted, a justification of the contract, with all its terms, by e-mail within 24 hours of the purchase.
The FOUNDATION informs that for legal reasons it archives the electronic documents in which the purchases are formalized, and you can access these documents at any time by requesting it to our Customer Service Department at the following email address: info@fundacioenricmiralles.com.
PRICES, PAYMENT, DELIVERY AND CANCELLATION
Prices
The prices applicable to each product and/or service are those indicated on the Web on the date of the order including all of them, if applicable, VAT (Value Added Tax).
However, in accordance with the provisions of Law 37/1992, of December 28, 1992, regulating such tax, the transaction may be exempt or not subject to such tax depending on the purchaser’s country of residence and the condition in which the purchaser acts (businessman/professional or individual). Consequently, in some cases the final price of the order may be altered with respect to that shown on the Web.
In shipments to countries outside the European Union, the FOUNDATION will not assume the costs corresponding to taxes and customs duties of each country.
The FOUNDATION will duly mark and identify the bids as such, indicating the previous price and the bid price. At the same time, the FOUNDATION reserves the right to modify the website at any time and without prior notice, and may, for example, update products and services.
The FOUNDATION will not assume the costs and VAT corresponding to the shipment of the order (VAT included) that are indicated on the website.
Form of payment
Purchases will be paid through the following means detailed below:
Card (Visa, Master Card or American Express): Available for all countries.
Bank transfer: Available for all countries. The FOUNDATION will send the Client an e-mail to indicate the amount of the transfer and the details to make the transfer.
Delivery
Orders are shipped to the delivery address indicated by the Customer, within approximately 7 working days for deliveries in the Iberian Peninsula, and 15 working days for deliveries abroad of products in stock. In the event that the FOUNDATION is out of stock, the FOUNDATION will duly inform the Customer as soon as possible.
Withdrawal
The Customer shall have a period of 14 calendar days from receipt of the goods or from the conclusion of the contract, in the case of services or supply of digital content that is not provided on a material medium, to terminate the contract.
The FOUNDATION guarantees the Customer the possibility to cancel his order at any time and without any cost as long as the cancellation is communicated before the order has been made available to the carrier for shipment. Otherwise, you must wait to receive the order to exercise the right of withdrawal, assuming the corresponding costs of reshipment.
The right of withdrawal shall not apply in the cases and other exceptions provided for in Article 103 of Law 3/2014, of March 27, which amends the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.
To exercise the right of withdrawal, the Customer must notify the FOUNDATION and/or mail info@fundacioenricmiralles.com of its decision to withdraw from the contract by means of an unequivocal statement (e.g. a letter sent by post or e-mail).
In the event of withdrawal on your part, all payments received, excluding delivery charges shall be refunded without undue delay and in any event no later than 30 calendar days from the date on which the FOUNDATION is informed of the Customer’s decision to withdraw from this contract. The FOUNDATION will proceed to make such reimbursement using the same means of payment used by the Client for the initial transaction, unless the parties have expressly and mutually agreed otherwise; in any case, the Client will incur the costs as a consequence of the reimbursement.
The returned order must be delivered together with the delivery note and, if applicable, the invoice issued by the FOUNDATION, at the Customer’s expense, as mentioned above. The Customer may only return any item purchased from the FOUNDATION as long as the products retain their seals and any manuals, accessories or gifts included.
RETURN OF INCORRECT SHIPMENTS
If a product other than the one ordered by the Customer is delivered by mistake by the FOUNDATION, the correct product will be delivered, with the first one being picked up, at no additional charge to the Customer.
If a product has reached the customer broken, damaged or in poor condition, the FOUNDATION will take care of picking it up at the customer’s home, replacing it with another in good condition, without additional charges.
If you have any complaints or queries, please contact the FOUNDATION at info@fundacioenricmiralles.com.
INDUSTRIAL AND INTELLECTUAL PROPERTY
By accepting these General Contracting Conditions, the Client agrees to respect the Industrial and Intellectual Property Rights owned by FUNDACIÓN Enric Miralles and third parties.
To this end, the Client acknowledges that the Intellectual and Industrial Property Rights over the literary, artistic, scientific works, photographs, trademarks, logos, and any other tangible or intangible element or material, susceptible of protection, contained in the Website correspond exclusively to the FOUNDATION (or to third party authors), to whom corresponds the exclusive exercise of the exploitation rights of the same in any form and, in particular, including but not limited to, the rights of fixation, reproduction, distribution, transformation, commercialization, and public communication.
The unauthorized reproduction, distribution, public communication, commercialization or transformation of the aforementioned works, trademarks, logos, etc. may constitute an infringement of the Intellectual and Industrial Property Rights of the FOUNDATION or the owner thereof, and may give rise to the exercise of any judicial or extrajudicial actions that may correspond to them in the exercise of their rights.
JURISDICTION AND APPLICABLE LAW
In the event of any conflict or discrepancy in the interpretation or application of these contractual conditions, the parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Barcelona (Spain).