GENERAL TERMS AND CONDITIONS
This contractual document will govern the General Conditions for contracting products (hereinafter, “Conditions”) through the website crisfernandez.com, owned by CRISTINA FERNÁNDEZ BLANCO, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this website.
These Conditions will remain published on the website available to the USER for reproduction and storage as confirmation of the contract, and may be modified at any time by the PROVIDER. It is the responsibility of the USER to read them periodically, as those in force at the time of placing an order will be applicable. The PROVIDER will file the electronic document where the purchase is formalised and will keep it at the USER’s disposal in case he/she requests it.
Contracts shall not be subject to any formality except as expressly provided for in the Civil and Commercial Codes and in this or other special laws.
Acceptance of this document implies that the USER:
● You have read, understand and comprehend the above.
● A person with sufficient capacity to contract.
● It assumes all obligations set forth herein.
These conditions will be valid for an indefinite period of time and will be applicable to all contracts made through the PROVIDER’s website.
The PROVIDER informs that the retailer is responsible for and is aware of the legislation in force in the countries to which it sends the products, and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were purchased prior to the modification.
Object of the contract
The purpose of this contract is to regulate the contractual relationship between the PROVIDER and the USER when the USER accepts the corresponding box during the online contracting process.
The contractual purchase and sale relationship involves the delivery, in exchange for a determined price and publicly displayed on the website, of any of the products offered for sale.
Rectification of data
When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, he/she may notify this to email@example.com so that the PROVIDER may correct them as soon as possible.
1 These Terms and Conditions are a translation from Spanish. In case of ambiguity or discrepancy, the original language version should prevail.
In accordance with the requirements of article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
1. General terms and conditions.
2. Generalities of the offer.
3. Price and period of validity of the tender.
4. Transport costs.
5. Method of payment, costs and discounts.
6. Purchasing process.
7. Dispatch and delivery of orders.
8. Right of withdrawal.
9. Force majeure.
10. Dissociation and suspension or termination of the contract.
11. Warranties and returns.
12. Online complaints and dispute resolution.
14. Applicable law and jurisdiction.
1. GENERAL TERMS AND CONDITIONS
Unless otherwise stipulated in writing, the placing of an order with the PROVIDER shall constitute acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if the latter has not expressly accepted them in advance and in writing.
2. GENERAL OVERVIEW OF THE OFFER
All sales and deliveries made by the PROVIDER shall be understood to be subject to these Conditions. No modification, alteration or agreement contrary to the PROVIDER’s Commercial Proposal or to what is stipulated herein shall have any effect, unless expressly agreed in writing signed by the PROVIDER, in which case, these particular agreements shall prevail.
3. PRICE AND PERIOD OF VALIDITY OF THE TENDER
The prices indicated for each product or service are expressed in EURO currency, are exclusive for online purchases through this website and include shipping costs within mainland Spain.
The applicable VAT2rate will depend on the product: 10% VAT for the original work, whether unique or 2 For purchases in Spain. serialised, and 21% for reproductions, regardless of the medium (Ley Foral 19/1992, de 30 de Diciembre, del IVA). In any case, the corresponding VAT is already included in the RRP and it can be seen in breakdown before finalising the purchase.
Before making the purchase, you can check online all the details of the quotation: items, quantities, price, discounts, taxes and the total amount of the purchase.
The USER assumes that the economic valuation of some of the products may vary in real time. Prices may change daily until the order is placed. Once the order has been placed, the prices will be maintained whether or not the products are available.
All payments made to the PROVIDER shall be subject to the issuance of an invoice in the name of the USER or the company name provided by the USER at the time of placing the order. This invoice will be sent in paper format together with the purchased product. If the USER wishes to receive it by e-mail, he/she must request it by any of the means that the PROVIDER makes available to him/her.
Discount coupons: they will be issued punctually, within specific offer periods, will have a limited validity, will be for a single use and may be enjoyed by USERS who meet the requirements specified in each promotion. They will be conveniently communicated by the PROVIDER on its website or through its social networks. The PROVIDER reserves the exclusive right not to apply the discount in the event that the customer does not meet any of the requirements for its use.
For any information about the order, the USER may contact the PROVIDER by telephone at 653713358 or by e-mail at firstname.lastname@example.org.
4. TRANSPORT COSTS
The prices published in the shop include shipping costs (by Correos) within mainland Spain.
If the USER so wishes, he/she may request delivery outside this territory. To do so, the USER must first contact the PROVIDER via the contact form on the website or directly at the e-mail address: email@example.com, indicating the destination of the shipment. As soon as possible, the USER will receive a reply by e-mail, specifying the mode of transport and quoting the corresponding costs.
5. FORMS OF PAYMENT, CHARGES AND DISCOUNTS
The PROVIDER is responsible for the economic transactions and offers the following ways to pay for an order:
● Credit card
● Pay Pal
The USER may use a discount coupon prior to the completion of the purchase if the USER has received one from the PROVIDER.
The website uses information security techniques generally accepted in the industry, such as SSL, secure page data entry, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorised access to data. To achieve these purposes, the user/customer agrees that the provider obtains data for the purpose of authentication of access controls.
The PROVIDER undertakes not to allow any transaction that is considered illegal by the credit card brands or the acquiring bank and that may or has the potential to damage their goodwill or negatively influence them.
It is prohibited under the card brand programmes to sell or offer a product or service that does not comply with all laws applicable to the Purchaser, Issuing Bank, Merchant or Cardholder of the card(s).
6. PURCHASING PROCESS
You can add any product from our catalogue to your basket. In the basket, only the items, quantity, price and total amount will be displayed. Once the basket has been saved, taxes, charges and discounts will be calculated according to the payment and shipping details entered.
The baskets do not have any administrative link, it is only a section where you can simulate a budget without any commitment on both sides.
From the basket you can place an order by following the steps below for its correct formalisation:
1. – Verification of invoicing data.
2. – Verification of the shipping address.
3. – Selection of the method of payment.
4. – Read and accept the terms and conditions of the website.
5. – Make the payment (purchase).
When the order is processed, the system instantly sends an e-mail to the PROVIDER’s management department and another to the USER’s e-mail confirming that the order has been placed.
Once payment has been verified, the shipment will be sent by registered post and the USER will be informed of this situation and will receive the tracking code provided by Correos so that they can track their order at all times.
7. DISPATCH AND DELIVERY OF ORDERS
The PROVIDER will not send any order until it has verified that payment has been made.
Shipments of goods are usually made by CERTIFIED MAIL to any destination in mainland Spain, and will be made once the availability of the goods has been confirmed and the payment of the order has been checked.
The estimated delivery time is 5 working days (from the date of purchase, which is considered to have been made when the PROVIDER receives the corresponding payment). The delivery time may vary depending on the stock and the destination town. The user will be informed at the time of shipment and will be able to track their order using the code provided by Correos.
Once an order has been shipped it cannot be cancelled.
Failure to execute the contract remotely:
If the contract cannot be executed because the contracted product or service is not available within the foreseen period, the USER will be informed, indicating the forthcoming availability of the chosen product or, failing that, proposing another article of equivalent quality and price. If the USER is not satisfied with any of the solutions provided by the PROVIDER, the order will be cancelled and the total amount paid will be refunded free of charge, without any liability for damages attributable to the PROVIDER.
The PROVIDER shall not assume any responsibility when the delivery of the product or service does not take place due to false, inaccurate or incomplete data provided by the USER.
In the event that the contract does not entail the physical delivery of any product, but a download activation on a website, the PROVIDER will previously inform the USER of the procedure to be followed to carry out this download.
8. RIGHT OF WITHDRAWAL
Cancellation form: https://crisfernandez.com/cancellation-form.pdf
The USER has a period of fourteen calendar days, counted from the date of receipt of the product or from the conclusion of the purchase contract if it is a provision of a service, to exercise the right of withdrawal, regulated in article 102 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, hereinafter RDL 1/2007. If the PROVIDER does not comply with the duty to provide information and documentation on the right of withdrawal, the period for its exercise will end twelve months after the expiry date of the initial withdrawal period, in accordance with article 105 of RDL 1/2007.
The right of withdrawal shall not apply to the contracts referred to and listed in Article 103 of RDL 1/2007, and which are listed here
All returns must be communicated to the PROVIDER, requesting a return number using the form provided for this purpose, or by e-mail to firstname.lastname@example.org, indicating the corresponding invoice or order number.
It will be the responsibility of the USER to send the product to be returned properly packaged and protected, as he/she will be responsible for any damage caused during transport. The amount will only be refunded when the item is received and checked to be in perfect condition, never when it arrives incomplete, damaged, manipulated or dirty. The refund will be made by the same payment method used by the USER, as soon as possible, once the product has been checked.
Once the USER has received the return number, he/she will send the product to Cristina Fernández Blanco, Apartado de correos 10, 31800 Alsasua, indicating this number on the letter of return.
Return transport costs shall be borne by the USER.
9. FORCE MAJEURE
The parties shall not be liable for any failure due to force majeure. Performance of the obligation shall be delayed until the cessation of the force majeure event.
10. UNBUNDLING AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.
The PROVIDER may, without prior notice, suspend or terminate the USER’s access to its services, in whole or in part, when the USER does not comply with the obligations established in this contract or any legal provision, licence, regulation, directive, code of practice or policy applicable to it.
When the PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to the PROVIDER.
11. WARRANTIES AND RETURNS
The legal guarantees will respond to what is regulated in the Title referred to “Guarantees and after-sales services” of the Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, which you can access by clicking here.
Guarantee of quality and authenticity of the work of art:
Cristina Fernández Blanco is the author of all the works exhibited for sale on this website. All original works are signed (and numbered, in the case of the series) and are accompanied by their corresponding CERTIFICATE OF AUTHENTICITY. Unlimited reproductions and images applied to merchandising products are not considered “original works”.
12. ONLINE COMPLAINTS AND DISPUTE RESOLUTION
Any complaint that the USER considers appropriate will be dealt with as soon as possible, and can be made at the following contact addresses:
Postal: CRISTINA FERNÁNDEZ BLANCO, Apartado de correos 10, 31800 Alsasua
Online Dispute Resolution:
Pursuant to Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and the PROVIDER, without the need to resort to the courts of law, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties in order to reach an agreement, and may finally suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.
If any provision of these terms and conditions is held to be invalid or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected in any way, and shall not be modified in any way.
The USER declares that he/she has read, knows and accepts these Conditions in their entirety.
14. GOVERNING LAW AND JURISDICTION
These conditions shall be governed by or interpreted in accordance with Spanish legislation in all matters not expressly established.Any dispute that may arise from the provision of the products or services covered by these Conditions shall be submitted to the courts and tribunals of PAMPLONA.