Cientomasuna Arte Contemporaneo S.L.U., with registered address at Passeig del Born 27, 3º 1ª in 08003 Barcelona (Spain) with Spanish Tax ID C.I.F B67475863, Sociedad Limitada Unipersonal at the Mercantile Registry of Barcelona in Volume 47009, Book 34, Sheet B538006, Section 1st, Entry, hereinafter Cientomasuna, offers an art sales the platform on www.cientomasuna.com (hereinafter referred to as the “Website” or “Site”), which allows buyers (hereinafter referred to as “Buyer”, “Buyers” or “You”), upon registration, to enter into a relationship with professional sellers (hereinafter referred to as “Sellers”) to purchase works of art (hereinafter referred to as “the Work(s)”) at a fixed price (hereinafter referred to as the “Service”).
To use the Service, Buyer must accept and agree to abide by these Buyer Terms and Conditions (hereinafter referred to as “Buyer’s Conditions”) without any restrictions or reservations.
Sales made through the Service between Buyers and Sellers are governed by the General Conditions (the “Conditions”), which must also be accepted by Buyers on each purchase, and which supplement these Buyer’s Conditions.
Cientomasuna reserves the right to modify the Buyer’s Conditions. All changes will become effective for Works online from the moment they are published online on the Website.
The purpose of these Buyer Conditions is to define the conditions under which Cientomasuna provides Buyers, as part of the Service, with technological tools that enable them to purchase the Works from Sellers.
The Service consists of a set of tools to help Buyers to register on the Website, to contact Sellers to purchase works of art, to pay the price of the Works and to confirm their receipt. Transactions through the Service in order to purchase the Works are carried out directly between the Buyers and the Sellers. Cientomasuna is not an agent, distributor or other types of reseller of the Works offered by the Sellers through the Service. Therefore, Works purchased through the Service may not and will not be returned to or exchanged by Cientomasuna.
However, in order to improve the quality of its services and to better select Suppliers, Cientomasuna invites Buyers to send her all the comments and suggestions she wishes to make regarding the quality of the transactions carried out through the Service using the contact firstname.lastname@example.org
In addition, in the event of non-compliance with these Buyer Conditions, Cientomasuna reserves the right to temporarily or permanently suspend access to the Service for the Buyer in question.
3.- Access to the Service
In addition to the acceptance of these Buyer Conditions, access to the Service is dependent upon opening an account. This requires the Buyer to provide information to authorize the Buyer’s identification. By opening an account, the Buyer agrees to provide only accurate information, and to promptly inform Cientomasuna of any changes affecting her, using the contact email@example.com
In order to use the Service, the Buyer will enter the user name and password created when opening his or her account, agreeing to keep this information secret and not to pass it on to third parties. The Buyer shall be solely responsible for access to the Service through his or her user name and password unless there is evidence of fraudulent use.
In the event of loss, misuse or unauthorized use of your username and/or password, you agree to immediately notify Cientomasuna by means of the contact firstname.lastname@example.org
4.- Cost of the Service
The opening of an account and the use of the Service are free of charge (excluding any connection costs, the price of which depends on your online service provider), with no obligation to purchase from the Website. The price for the purchase of the Works will be paid to the Sellers according to the stipulations in the Conditions.
5.- Personal data
The information and data about you are managed by Cientomasuna. Unless otherwise indicated, they are essential for the management of the Buyer’s account and access to the Service. The information required for delivery will be transferred to the Seller solely for that purpose. The information and data will also be stored for security purposes, in order to comply with legal and regulatory obligations that may apply to Cientomasuna, and to improve and personalize the Services offered and the information sent.
You have the right::
In the event that the processing of data is carried out in accordance with art. 6.1 1. .f) RGPD or for the purposes of direct advertising,you have the right to oppose the processing, for reasons related to your particular situation, unless there are compelling legitimate reasons for the processing that prevail over your interests, rights and freedoms, or for the formulation, exercise or defence of claims.
If you wish to exercise your right of objection, simply send an e-mail to email@example.com
You are likely to receive offers from Cientomasuna, depending on the options you chose when creating or viewing your account. If you no longer wish to receive these offers, you can send us at any time a request indicating your wish through the “My Account” section.
The Site is designed to be particularly attentive to the needs of customers. Cookies are used solely by Cientomasuna to improve the personalized service provided to its users and are designed to indicate your use of the Website.
6.- Intellectual property
All texts, comments, works, artworks, illustrations and images reproduced or represented on the Site, are strictly reserved under copyright, as well as industrial property rights, for the duration of the protection of these rights and throughout the world. Therefore, and in accordance with Spanish Intellectual and Industrial Property Legislation, its private use is only permitted, subject to different rules, even more, restrictive than such legislation.
The reproduction, representation, modification or total or partial adaptation of the Site and/or of all or part of the elements that appear on it or that are integrated into it, is absolutely prohibited.
Buyers undertake to do everything possible to notify Cientomasuna of any infringement of intellectual or industrial property rights that they may detect.
7.- Liability and guarantees
The use of the Site implies knowledge and acceptance of the characteristics and limits of the Internet, as well as of the translations of the Site into any language other than Spanish and, in particular, of those relating to technical performance, response times in the event of consultation, search or transmission of information, and the risks inherent in any connection and transmission via the Internet.
Consequently, in the absence of any fault on its part, Cientomasuna cannot be held liable for any damage that a Buyer may suffer, in particular, but not exhaustively, for any such damage:
All Internet users are required to take the necessary steps to: (i) protect their own data and/or software stored on computer equipment connected to the Site against any damage (ii) be able to assess that they may be in the presence of a manifest error in relation to the information displayed on the Site (by sending an email via the contact form) so that Cientomasuna can perform all verifications, and if necessary, correct erroneous information.
Cientomasuna shall not be liable to the Buyer except in the event that the facts are exclusively attributable to Cientomasuna and in the event that the Buyer suffers damages directly related to such facts. Cientomasuna shall not be liable for any indirect loss or damage, nor shall Cientomasuna be liable for any improper use of the Service by the Buyer or for any fault on Buyer’s part. Nor shall Cientomasuna be liable for any loss or damage attributable to actions by a third party on the Service.
By using the Website, the Buyer declares that it is fully informed of the features and restrictions of the Internet, that it is solely responsible for the information provided in the context of its account on the Website and for its relationships with other users of the Service.
Cientomasuna is not responsible for the contents that the Sellers may make available on the Website, in particular with regard to the description of the Works, unless it has not removed such contents immediately after having been informed of their illegality under the conditions provided by law.
Finally, Cientomasuna declines all responsibility in relation to sales made by the intermediary of its Service with Suppliers, of which Cientomasuna has no knowledge. Any complaints regarding comments appearing in the Product descriptions or in the delivery of the Products should be addressed to the designated Seller, who is solely responsible for this.
The Buyer is solely responsible for his use of the Service.
Buyer shall indemnify, on-demand, Cientomasuna against any damages, loss of profit, claim, expenses and costs, including attorneys’ fees and costs which may be incurred by Cientomasuna in the event that its liability is claimed by a third party due to a claim or action related to Buyer’s use of the Service.
Cientomasuna may communicate any information about the Buyer, including personal information, to the competent authorities for the prevention of money laundering and monetary offences.
If one or more provisions of these Buyer Conditions 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.- Duration and validity
The Buyer is subject to these Buyer’s Conditions from the time the Buyer registers on the Website until Buyer’s account is deleted, whether or not the Buyer conducts transactions on the Website. Cientomasuna reserves the right to modify these Buyer’s Conditions at any time.
The modified Buyer’s Condition will be displayed on the Website. The Buyer will be informed of any modification by sending an email from Cientomasuna to the email address provided by the Buyer when registering for the Service.
The applicable Buyer’s Conditions are those in force at the time of Buyer’s use of the Website services.
10.-Applicable Law and Jurisdiction
The present Conditions of the Buyer are subject to the Spanish legislation.
In the event that any conflict or discrepancy arises in the interpretation or application of these Buyer’s Conditions, the Courts and Tribunals that, where appropriate, will hear the matter, will be those provided by the applicable legal regulations in the matter of competent jurisdiction, which attends, in the case of end consumers, at the place of performance of the obligation or the domicile of the buyer.
In the case of a sale made by a company, both parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Barcelona (Spain).