Terms and Conditions of Sale

GENERAL CONDITIONS OF SALE

https://pigmentgallery.es/

1. GENERAL INFORMATION

The ownership of this website https://pigmentgallery.es/, (hereinafter Website) is held by: Pigment Gallery, S.L. , provided with NIF: B66695917 and  registered in: Mercantile Registry of Barcelona; and whose registration data are: Volume 45190, folio 136, sheet B479771, inscription 4, and whose contact details are:

Address: C/ Trafalgar, 70 – 08010 Barcelona

Contact telephone number: 934528162

Contact email: info@pigmentgallery.es

This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Website (https://pigmentgallery.es/) and the purchase or acquisition of products and / or services therein (hereinafter, Conditions).

For the purposes of these Conditions it is understood that the activity that Pigment Gallery develops through the Website includes:

Marketing of works of contemporary art

In addition to reading these Conditions, before accessing, browsing and / or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookies policy, and the privacy and data protection policy of Pigment Gallery. By using this Website or by making and / or requesting the acquisition of a product and / or service through it, the User consents to be bound by these Conditions and by all the above, so if you do not agree with all this, you should not use this Website.

Likewise, it is reported that these Conditions may be modified. The User is responsible for consulting them each time he accesses, browses and / or uses the Website since those that are in force at the time the acquisition of products and / or services is requested will be applicable.

For all questions that the User may have in relation to the Conditions, he can contact the owner using the contact details provided above or, where appropriate, using the contact form.

2. THE USER

The access, navigation and use of the Website, confers the condition of user (hereinafter referred to, indistinctly, individually as a User or jointly as Users), so they accept, from the beginning of browsing the Website, all the Conditions established herein, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be.

The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:

  • Make use of this Website only to make inquiries and legally valid purchases or acquisitions.
  • Do not make any false or fraudulent purchase. If such a purchase could reasonably be considered to have been made, it could be cancelled and the relevant authorities would be informed.
  • Provide truthful and lawful contact information, for example, email address, postal address and / or other data (see Legal Notice and General Conditions of Use).

The User declares to be over 18 years of age and have legal capacity to enter into contracts through this Website.

The User may formalize, at his choice, with Pigment Gallery the  contract of sale of the desired products and / or services in any of the languages in which these Conditions are available on this Website.

3. PURCHASE OR ACQUISITION PROCESS

Duly registered Users can buy on the Website by the established means and forms. They must follow the online purchase and/or purchase procedure of https://pigmentgallery.es/, during which several products and/or services can be selected and added to the cart, basket or final purchase space and, finally, click: “Place order”

Likewise, the User must fill in and / or check the information requested in each step, although, during the purchase process, before making the payment, the purchase data can be modified.

The User will then receive an email confirming that Pigment Gallery has received his order or request for purchase and/or provision of the service, i.e. the order confirmation. And, where appropriate, you will also be informed by email when your purchase is being sent. Where appropriate, this information may also be made available to the User through their personal connection space to the Website.

Once the purchase procedure has concluded, the User consents to the Website generating an electronic invoice that will be sent to the User through email and, where appropriate, through their personal space of connection to the Website. Likewise, the User may, if he wishes, obtain a copy of his paper invoice, requesting it from Pigment Gallery using the contact  spaces of the Website or through the contact information provided above.

The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale that concern the product and / or service in question and that are shown next to the presentation or, where appropriate, image of it on its page of the Website, indicating, by way of example, but not exhaustive, and attending to each case:  name, price, components, weight, quantity, colour, details of the products, or characteristics, manner in which they will be carried out and/or cost of the services; and acknowledges that the realization of the purchase or acquisition order materializes the full and complete acceptance of the particular conditions of sale applicable to each case.

The communications, purchase orders and payments that intervene during the transactions carried out on the Website could be archived and kept in the computerized records of Pigment Gallery in  order to constitute a means of proof of the transactions, in any case, respecting the reasonable conditions of security and the laws and regulations in force that in this regard are applicable,  and particularly in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights,  and the rights that assist Users in accordance with the privacy policy of this Website.

4. AVAILABILITY

All purchase orders received by Pigment Gallery through the Website are subject to the availability of the products and/or to the fact that no circumstances or causes of force majeure (clause nine of these Conditions) affect the supply  of the same and / or the provision of services. If there are difficulties in the supply of products or there are no products in stock, Pigment Gallery undertakes to contact the User and refund any amount that may have been paid as an amount. This shall also apply in cases where the provision of a service becomes impracticable.

5. PRICES AND PAYMENT

The prices displayed on the Website are the final ones, in Euros (€) and include taxes, unless by legal requirement, especially in relation to VAT, a different issue is indicated and applied.

Shipping costs are included in the final prices of the products as shown on the Website. Thus, Pigment Gallery performs delivery and / or shipping services through: .

In no case will the Website add additional costs to the price of a product or service automatically, but only those that the User has selected and chosen voluntarily and freely.

Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.

The accepted means of payment will be: Credit or debit card, and Bank transfer

Pigment Gallery uses all means to ensure the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).

Credit cards will be subject to checks and authorizations by the issuing bank, if said entity does not authorize payment, Pigment Gallery will not be  responsible for any delay or non-delivery and will not be able to formalize any contract with the User.

Once Pigment Gallery receives the purchase order from the User through the Website, a pre-authorization will be made  on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the time the User is sent the confirmation of shipment and / or confirmation of the service provided in the form and, where appropriate, place established.

In any case, by clicking on “Place order” the User confirms that the payment method used is his.

Purchase or acquisition orders in which the User selects bank transfer as a means of payment will be  reserved for 5 calendar days from the confirmation of the order in order to allow sufficient time for the bank transfer to be taken into account by the payment system used by Pigment Gallery for the Website. When the system receives the transfer, the order will be prepared and managed for shipment.

Through this payment method, the User must ensure that he correctly enters the exact amount of the purchase order, as well as the account number and the reference of the transfer. In case of error, Pigment Gallery will  not be able to validate the order, which will be canceled.

6. DELIVERY

In cases where it is appropriate to make the physical delivery of the contracted good, deliveries will be made within the scope of the following territory: Worldwide

Except in those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, derived from the personalization of the products, 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 User and,  In any case, within a maximum period of 30 calendar days from the date of the order confirmation.

If for any reason, which was attributable to him, Pigment Gallery could not meet the delivery date, he  will contact the User to inform him of this circumstance and, he may choose to continue with the purchase by establishing a new delivery date or cancel the order with the full refund of the price paid. In any case, home deliveries are made on working days.

If it is impossible to deliver the order due to the absence of the User, the order may be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to get it delivered again.

If the User will not be at the place of delivery in the agreed time slot, he must contact Pigment Gallery to arrange delivery another day.

In the event that 30 days have elapsed since your order is available for delivery, and has not been delivered for reasons not attributable to Pigment Gallery  , Pigment Gallery will  understand that the User wishes to withdraw from the contract and it will be considered terminated. As a consequence of the termination of the contract, all payments received from the User will be returned, except for additional expenses resulting from the User’s own choice of a delivery method different from the least expensive mode of ordinary delivery offered by the Website, without any undue delay and, in any case,  within a maximum period of 14 calendar days from the date on which the contract is considered terminated.

However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on.

For the purposes of these Conditions, it will be understood that the delivery has occurred or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires the material possession of the products, which will be accredited by signing the receipt of the order at the agreed delivery address.

The risks that may arise from the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when Pigment Gallery  receives full payment of all amounts due in relation to  the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a time after receipt of the amount to be paid by Pigment  Gallery.

In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and / or provision will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at all times depending on the specific article in question.

7. TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that in the event that he detects that an error has occurred when entering data necessary to process his purchase request on the Website, he may modify them by contacting Pigment Gallery through the contact spaces enabled on the Website, and, where appropriate,  through those authorized to contact customer service, and / or using the contact details provided in clause one (General information). Likewise, this information could also be corrected by the User through his personal space of connection to the Website.

In any case, the User, before clicking on “Place order”, has access to the space, cart, or basket where their purchase requests are noted and can make modifications.

Similarly, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to obtain more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of this data (RGPD) and in Organic Law 3/2018, of December 5, Protection of Personal Data and guarantee of digital rights.

8. RETURNS

In cases where the User purchases products on or through the Website of the owner, a series of rights assist him, as listed and described below:

Right of Withdrawal

The User, as consumer and user, makes a purchase on the Website and, therefore,  has the right to withdraw from said purchase within a period of 14 calendar days without the need for justification.

This withdrawal period will expire 14 calendar days from the day that the User or a third party authorized by it, other than the carrier, acquired material possession of the goods purchased on the Pigment Gallery Website or  in case the goods that make up your order are delivered separately, 14 calendar days from the day that the User or a third party authorized by it,  Unlike the carrier, it acquired physical possession of the last of those goods that made up the same purchase order, or in the case of a service contract, 14 calendar days from the day of conclusion of the contract.

To exercise this right of withdrawal, the User must notify his decision to Pigment Gallery. You may do so, where appropriate, through the contact spaces enabled on the Website.

The User, regardless of the means he chooses to communicate his decision, must express clearly and unequivocally that it is his intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that Pigment Gallery makes available as a part annexed to these Conditions, however, its use is not mandatory.

To comply with the withdrawal period, it is sufficient that the communication that unequivocally expresses the decision to withdraw is sent before the corresponding period expires.

In case of withdrawal, Pigment Gallery  will reimburse the User for all payments received, including shipping costs (with the exception of the additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without any undue delay and, in any case, no later than 14 calendar days from the date on which Pigment  Gallery  is informed of the decision to withdraw by the User.

Pigment Gallery will reimburse the User using the same payment method used to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, Pigment Gallery may withhold such reimbursement until it has received the products or items of purchase, or until the User presents proof of the return thereof, depending on which condition is met first.

The User can return or send the products to Pigment Gallery at: C / Trafalgar, 70 – 08010 Barcelona

And you must do so without any undue delay and, in any case, no later than 14 calendar days from the date on which Pigment Gallery was informed of the withdrawal decision.

The User acknowledges knowing that he must assume the direct cost of returning (transport, delivery) of the goods, if any is incurred. In addition, it will be responsible for the decrease in value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.

The User acknowledges knowing that there are exceptions to the right of withdrawal, as set out in article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalized products; products that may deteriorate or expire quickly; CDs/DVDs of music or video without their packaging, as sealed at the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.

In this same sense, the provision of a service that the User could contract on this Website is governed, since this same Law establishes that the Right of withdrawal will not assist Users when the provision of the service has been completely executed, or when it has begun, with the express consent of the consumer and user and with the recognition on their part that they are aware that,  once the contract has been fully executed by Pigment Gallery, you will have lost your right of withdrawal.

In any case, no refund will be made if the product has been used beyond the mere opening of the same, of products that are not in the same conditions in which they were delivered or that have suffered any damage after delivery.

Likewise, the products must be returned using or including all their original packaging, instructions and other documents that may accompany them, as well as a copy of the purchase invoice.

In the following link you can download the Model withdrawal form: https://https://pigmentgallery.es//modelodesistimiento

Return of defective products or shipping error

These are all those cases in which the User considers that, at the time of delivery, the product does not conform to the provisions of the contract or purchase order, and that, therefore, he must contact Pigment Gallery immediately and let him know the existing disagreement (defect / error) by the same means or using the contact information provided in the previous section (Right of Withdrawal).

The User will then be informed about how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable time, if the refund or, where appropriate, the replacement of the same.

The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days of the date on which we send you an email confirming that the refund or replacement of the non-conforming item is appropriate.

The amount paid for those products that are returned because of a defect, when it really exists, will be fully refunded, including delivery costs and costs that the User may have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.

In any case, the rights recognized in the legislation in force at all times for the User, as consumer and user, will always be applied.

Guarantees

The User, as consumer and user, enjoys guarantees on the products that can be purchased through this Website, in the terms legally established for each type of product, responding Pigment Gallery, therefore, for the lack of conformity  of the same that is manifested within a period of two years from the delivery of the product.

In this sense, it is understood that the products are in accordance with the contract provided that: they conform to the description made by Pigment Gallery and  possess the qualities presented therein; they are suitable for the uses to which products of the same type are ordinarily intended;  and present the usual quality and performance of a product of the same type and that they are fundamentally expected of it. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or error in the shipment. However, some of the products that are marketed on the Website, may present non-homogeneous characteristics as long as they derive from the type of material with which they have been manufactured, and that therefore will be part of the individual appearance of the product, and will not be a defect.

On the other hand, it could be the case that the User acquires on the Website a product of a brand or manufactured by a third party. In this case, and considering the User that it is a defective product, he also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise his right of legal guarantee directly against them during the two years following the delivery of said products. To do this, the User must have kept all the information regarding the warranty of the products.

9. DISCLAIMER OF LIABILITY

Unless otherwise provided by law, Pigment Gallery will not accept any responsibility for the following losses, regardless of their origin:

  • any losses that were not attributable to any breach by you;
  • business losses (including loss of profits, revenue, contracts, anticipated savings, data, loss of goodwill, or unnecessary expenses incurred); or
  • any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products was concluded between both parties.

Likewise, Pigment Gallery also limits its liability in the following cases:

  • Pigment Gallery applies all measures concerning to provide a faithful display of the product on the Website, however it is not responsible for the minimum differences or inaccuracies that may exist due to lack of resolution of the screen, or problems of the browser used or others of this nature.
  • Pigment Gallery will act with the utmost diligence in order to make available to the company in charge of transporting the product object of the purchase order. However, it is not responsible for damages arising from a malfunction of transport, especially for causes such as strikes, road retention, and in general any other typical of the sector, which result in delays, losses or thefts of the product.
  • Technical failures that due to fortuitous or other causes, prevent a normal operation of the service through the internet. Lack of availability of the Website for maintenance or other reasons, which prevents the availability of the service. Pigment Gallery puts all the means at its disposal in order to carry out the process of purchase, payment and shipping / delivery of the products, however it  disclaims liability for causes that are not attributable to it, fortuitous event or force majeure.
  • Pigment Gallery will not be responsible for the misuse and / or wear of the products that have been used by the User. At the same time, Pigment Gallery will not be responsible for an erroneous return made by the User. It is the User’s responsibility to return the correct product.
  • In general, Pigment Gallery will not be responsible for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond its reasonable control, that is, that are due to force majeure, and this may include, but not  limited to:
    • Strikes, lockouts or other industrial action measures.
    • Civil commotion, revolt, invasion, terrorist threat or attack, war (declared or not) or threat or preparations for war.
    • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
    • Impossibility of using trains, ships, airplanes, motor transport or other means of transport, public or private.
    • Impossibility of using public or private telecommunications systems.
    • Acts, decrees, legislation, regulations or restrictions of any government or public authority.

In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and Pigment Gallery will have an extension in the term to comply with them for a period of time equal to the duration of the cause of force majeure.  Pigment Gallery will use all reasonable means to find a solution that allows it to fulfill its obligations despite the cause of force majeure.

10. WRITTEN COMMUNICATIONS AND NOTICES

By using this Website, the User accepts that most communications with Pigment Gallery are electronic (email or notices published on the Website).

For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that Pigment Gallery sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.

The User can send notifications and / or communicate with Pigment Gallery through the contact  information provided in these Conditions and, where appropriate, through the contact spaces of the Website.

Likewise, unless otherwise stipulated, Pigment Gallery may contact and / or notify the User in his email or at the postal address provided.

11. WAIVER

No waiver by Pigment   Gallery of a  particular right or legal action or failure by Pigment Gallery to strictly comply with any of its obligations shall  constitute a waiver of other rights or actions arising from a contract or the Conditions, nor shall it exonerate the User from the performance of its obligations.

No waiver of Pigment Gallery to  any of these Conditions or to the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and is formalized and communicated to the User in writing.

12. NULLITY

If any of these Conditions are declared null and void by a final resolution issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.

13. ENTIRE AGREEMENT

These Conditions and any document expressly referred to therein constitute the entire agreement between the User and Pigment Gallery in  relation to the object of sale and replace any other pact, agreement or previous promise agreed orally or in writing by the same parties.

The User and Pigment Gallery acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except as expressly mentioned in these Conditions.

14. DATA PROTECTION

The information or personal data that the User provides to Pigment Gallery in the  course of a transaction on the Website, will be treated in accordance with the provisions of the Privacy or Data Protection Policy (contained, where appropriate, in the Legal Notice and General Conditions of Use). By accessing, browsing and / or using the Website, the User consents to the processing of such information and data and declares that all the information or data provided is true.

15. APPLICABLE LEGISLATION AND JURISDICTION

The access, navigation and / or use of this Website and the contracts for the purchase of products through it will be governed by Spanish legislation.

Any controversy, problem or disagreement arising from or related to the access, navigation and / or use of the Website, or with the  interpretation and execution of these Conditions, or with the sales contracts between Pigment Gallery and the  User, will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.

16. COMPLAINTS AND CLAIMS

The User can send Pigment Gallery their complaints, claims or any other comments they wish to make through the contact information provided at the beginning of these Conditions (General Information).

In addition  , Pigment Gallery  has official complaint forms available to consumers and users, which they can request from Pigment Gallery at  any time, 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 Pigment Gallery and the User,  the User as a consumer may request an out-of-court dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer matters and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method through the following website: https://ec.europa.eu/consumers/odr/.

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