GENERAL TERMS
Preamble
These General Conditions (hereinafter the “Conditions”) apply in conjunction with the Conditions of Purchase and the Conditions of Sale, in relation to Buyers and Sellers, respectively.
The Conditions apply to all sales of works of arts (hereinafter the “Works”) made between the Seller and the Buyer through the website www.cientomasuna.com. Their purpose is to regulate the relationship between the Seller and the Buyer of the Works, excluding those established between the Buyers and Cientomasuna Arte Contemporaneo S.L.U. or between the Sellers and Cientomasuna Arte Contemporaneo S.L.U..
Cientomasuna Arte Contemporaneo S.L.U. is not the seller of the Works acquired through www.cientomasuna.com if the ownership of Cientomasuna Arte Contemporaneo S.L.U. is not indicated in the description of the Work; only the Seller, whose name is indicated in the description of each Work, is the Buyer’s contractual party for the purchase of said Works. Works not owned by Cientomasuna Arte Contemporaneo S.L.U. may not be returned to or exchanged by Cientomasuna Arte Contemporaneo S.L.U..
1.- Conclusion of the sales contract between the Buyer and the Seller
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- The Works are presented on the site www.cientomasuna.com with a description allowing the Buyer to know their essential characteristics and their price.
- The Buyer selects the Work(s) she or he wishes to purchase.
- The Buyer confirms her/his choice of the Works and acknowledges and accepts the Terms contained herein by ticking a box during the purchase process through the PayPal or Credit Card payment service for sales, or another form of payment, the bank transfer to the account of Cientomasuna Arte Contemporaneo S.L.U.. If the Buyer pays with PayPal or Credit Card, the Buyer will proceed immediately with the payment. If for the amount of the sale it is necessary to pay by bank transfer, the Buyer will process the transaction as soon as possible so that the payment is received in Cientomasuna Arte Contemporaneo S.L.U.’s bank account within 5 working days.
- The Buyer receives a confirmation email indicating that the order has been accepted and, in the event that Buyer wishes home delivery, the shipping costs. However, the sales contract between the Buyer and the Seller shall be subject to the condition that the Work is available and payment has been received.
- The Seller is informed by Cientomasuna Arte Contemporaneo S.L.U. each time a Work published by her/him will be the subject of an order.
- The Seller undertakes to confirm and/or deny the availability of the Works requested by the Buyer within 5 days following receipt of the information referred to in paragraph e). In the event that the same Work has been ordered by several purchasers at the same time, and depending on the availability of the same Work, it will be sold to the first Buyer who has placed the order. The first order will invalidate those of the other Buyers.
- Once the Seller confirms or rejects the availability of the Work, Cientomasuna Arte Contemporaneo S.L.U. informs the Buyer by e-mail.
- In the event that the Seller confirms the availability of the Work, the condition precedent to the sales contract between the Buyer and the Seller shall be lifted; the Seller undertakes to deliver the Work or make it available at the point of sale within the specified period once Cientomasuna Arte Contemporaneo S.L.U. confirms receipt of payment.
In the absence of confirmation of the availability of the Work within the period referred to in paragraph f), or in the absence of payment by the Buyer within 5 working days from the date of the order, the contract between the Buyer and the Seller shall be automatically terminated and both parties shall be released from their obligations. In particular, the Buyer is assured that his bank account will not be debited. However, only the contract for the sale of unavailable Works falls within this termination.
However, only the contract for the sale of unavailable Works falls within this termination. - In the event of confirmation of the availability of all or some of the Works requested by the Buyer and confirmation of receipt of payment by Cientomasuna Arte Contemporaneo S.L.U., the Works will be sent by the Seller or collected by the Buyer as set forth in clause 4.
2.- Price and payment
The purchase price of the Works is determined by the Seller. The price plus VAT in Euros is indicated in the description, but excluding shipping costs to be specified during the order confirmation by Cientomasuna Arte Contemporaneo S.L.U., if the Buyer selects the mode of home delivery. If customs duties, local taxes or import duties have to be paid, these duties shall be borne by the Buyer and shall be under his full responsibility, both in terms of returns and payments to the competent authorities/bodies. The Buyer is responsible for verifying the respective details with the competent authorities.
Payment for purchases made through www.cientomasuna.com will be made via PayPal or Credit Card to Cientomasuna Arte Contemporaneo S.L.U., who will collect the corresponding amount in the Seller’s name and account.
The Buyer will be charged the price of the Work purchased plus shipping once the Seller has confirmed the availability of such Work. In case of unavailability of the Work, the Buyer will not be charged, and the payment will be cancelled. In the event that the Seller confirms availability, the Buyer will be charged within 5 days of confirmation of his order.
The payment of purchases made through the www.cientomasuna.com amounting to more than 5,000.00 Euros will be made by bank transfer to the Cientomasuna account. The transfer must be made within 5 business days from the date of the order.
3.- Security of payments
Cientomasuna Arte Contemporaneo S.L.U. has chosen powerful and strict tools in terms of the secure payment method. Cientomasuna Arte Contemporaneo S.L.U. has adopted as payment method the PayPal and Redsys system, leaders in online payments, using the SSL (Secure Socket Layer) and 3D Secure encryption method, currently the most efficient security systems, and establishing an encrypted connection directly between the Buyer and the bank.
Cientomasuna Arte Contemporaneo S.L.U. does not have access, in any case, to confidential information relating to the form of payment that the Customer uses during the payment process. For this reason, the Customer’s bank details will be requested for each new order. In fact, only PayPal has confidential information that remains inaccessible to third parties.
Although Cientomasuna Arte Contemporaneo S.L.U. uses encrypted security software, the security of information and payments transmitted via the Internet or e-mail cannot be guaranteed. Cientomasuna Arte Contemporaneo S.L.U. is not liable for damages resulting from the use of electronic means of communication, including (but not limited to) damages resulting from failure or delay in the transmission of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications, and transmission of viruses.
4.- Forms of delivery and delivery costs
4.1- Shipment to the Buyer’s address
The Buyer has the option of having the Work delivered to his home, indicating this at the time of placing his order. Shipping costs will be borne by the Buyer and will be communicated by Cientomasuna Arte Contemporaneo S.L.U. by email. Once accepted the shipping costs by the Buyer, the Work will be delivered to the address provided by the Buyer during his order. In this case, the Seller, provided that he has confirmed the availability of the Work and that Cientomasuna Arte Contemporaneo S.L.U. has notified him of the receipt of payment, will pack the Work and make it available to a carrier. Transport costs will be accepted by the Buyer when confirming his shopping basket.
Depending on the Buyer’s delivery address, different tax rules and additional charges may apply. If the Buyer requests delivery of the Works outside its territory, it may have to pay import duties upon receipt. Neither Cientomasuna Arte Contemporaneo S.L.U. nor the Seller has any control over these charges and cannot predict their amount. The Buyer shall be responsible for the payment of import duties and taxes not included in the price. The Buyer may contact the customs office at the destination for further information prior to placing his order.
The Seller shall make the requested Work(s) available to the carrier within the period indicated on the order form for the relevant Work from the date of confirmation of the availability of the requested Work or from the date of receipt of the transfer, it being the Seller’s principal obligation to make the requested Work(s) available to the carrier within the specified period. The Works are delivered to the address specified by the Buyer when placing his order. An attempt is made to deliver them within a maximum of 7 working days after confirmation that the Seller has made the Works available to the carrier. This period may vary depending on the carrier chosen. It is the sole responsibility of the Buyer to ensure that the information provided to Cientomasuna Arte Contemporaneo S.L.U. for this purpose is and will continue to be correct and that he will be able to receive the Work at the place indicated.
The Seller undertakes to provide Cientomasuna Arte Contemporaneo S.L.U., who in turn will forward to the Buyer, with the name of the carrier who will be in charge of transporting the Work to the Buyer, as well as the package number. This allows the Buyer to track the status of his order on the carrier’s website, provided the carrier offers a parcel tracking service.
The Works are transported at the Buyer’s expense and risk.
4.2- Buyer’s withdrawal from Seller’s point of sale
The Buyer may also pick up the Work(s) ordered directly at the address of the indicated Seller.
The Buyer indicates, for each Work, the method of delivery (delivery to his home or collection by the Buyer) which he chooses when confirming his order.
In the case of collection from the Seller’s address, the Buyer shall not be obliged to pay the shipping costs.
Once the Buyer has placed his order, provided that the Work is available and Cientomasuna Arte Contemporaneo S.L.U. has confirmed receipt of payment, the Seller makes the requested Work available to the Buyer within the period specified and indicated in the details of the Work at www.cientomasuna.com.
The Seller shall notify Cientomasuna Arte Contemporaneo S.L.U. when the Work becomes available to the Buyer at his domicile. The Buyer will receive an e-mail notification from Cientomasuna Arte Contemporaneo S.L.U..
The Buyer has 15 days from receipt of such e-mail to pick up the Work at the address specified by the Seller.
The Seller provided that Cientomasuna Arte Contemporaneo S.L.U. has confirmed receipt of full payment, shall deliver the Work, the invoice and the certificate of authenticity to the Buyer after verifying the Buyer’s identity.
5.- Right of cancellation
In accordance with the relevant legal provisions, in the context of a purchase from a professional seller established in the European Economic Area (member countries of the European Union, as well as Iceland, Norway and Liechtenstein) to a non-professional buyer, the Buyer, if a citizen of said Area has a period of 14 days from receipt of the Work requested to exercise, in relation to the Seller, his right of withdrawal, without having to justify her or his reasons or pay a penalty.
The Buyer exercises its right of the withdrawal directly to Cientomasuna Arte Contemporaneo S.L.U. by sending an e-mail to the address clients@cientomasuna.com, who will notify the Seller by sending an e-mail. Cientomasuna Arte Contemporaneo S.L.U. will manage the return of the Work and will also reimburse the Buyer for the price paid for the Work deducting the shipping costs for the return.
Returns to the Buyer will be made once the Seller has notified Cientomasuna Arte Contemporaneo S.L.U. of the good reception of the work.
The work must be returned by the Buyer in perfect condition and in its original packaging (or equivalent). The Buyer will be responsible for the decrease in value of the Work resulting from its inaccurate manipulation and/or packaging. In any case, in order to make use of the right of withdrawal, it is necessary that the Work will be returned in its original packaging (or equivalent) together with the invoice. In the event that they are returned without such original packaging or damaged the amount to be paid to the Buyer for the return of the Work will be reduced by the corresponding amount. Before returning the Work, the Buyer must ensure that it is properly protected and sealed so that it does not suffer any damage during transport.
6.- Lack of conformity
The Seller undertakes to deliver a quality service to the Buyer, for which the Buyer has the possibility of informing Cientomasuna Arte Contemporaneo S.L.U. at the address clients@cientomasuna.comwithin 21 days following receipt of the Work, of any claim relating to the Work ordered, following the criteria indicated below:
– Work not received: the Work was not received by the Buyer.
– Non-conforming work: the work received does not correspond to the Work.
– Damaged Work: the Work received is damaged or broken.
In the event of a claim by the Buyer in relation to the Work, once the Seller has been informed of such claim by e-mail to Cientomasuna Arte Contemporaneo S.L.U., the Seller shall be personally responsible for the resolution of the dispute with the Buyer. Disputes are resolved directly between Buyer and Seller. Seller will make every effort to resolve the dispute with Buyer amicably.
Depending on the case, the stated dispute will result in the return of the Artwork and a refund to the Buyer by the Seller or only a refund, in whole or in part, by Buyer.
In case of return of the Work by the Buyer, the Seller shall be responsible for arranging the return of the Work and assuming all expenses at his expense.
In this case, Seller will refund the price of the Work purchased and the shipping costs paid by Buyer in placing his order once Seller has received the Work.
7.- Privacy Policy
The Buyer and Seller are informed that all data collected through www.cientomasuna.com when placing orders are processed by Cientomasuna Arte Contemporaneo S.L.U. for order processing purposes. Buyer’s information and data relating to delivery are transmitted by Cientomasuna Arte Contemporaneo S.L.U. to Sellers for the sole purpose of enabling them to send the Works ordered. Under no circumstances may they be used for other purposes. The Sellers undertake to guarantee the security of the personal data they keep for the execution and follow-up of the orders.
8.- Severability
If one or more provisions of these Terms are declared invalid by virtue of any law, regulation or final decision of a competent court, the remaining provisions shall remain in full force and effect.
9.- Applicable Law and Jurisdiction
Disputes and controversies that may arise in relation to this website or its contents will be interpreted and resolved in accordance with all current international, state, regional or local regulations, as well as the rules that make up these General Conditions, the parties submitting – expressly waiving any other forum that might correspond – to the Jurisdiction of the Courts and Tribunals of Barcelona.