Terms and conditions of sale - LSSI (Information Society Services Act)
1.- Legal information
The registered trademark ARTETRAMA is owned by Constantino Abella Bule holding NIF number 50880911N and Rosa Ortiz Alberte, holding NIF number 53388882V with registered address in C/ Sagunto 16, 28010, Madrid. ARTETRAMA has an online shop available to its customers at www.artetrama.com and www.artetrama.es.
Users can contact the company on the (0034) 91 532 33 71 or sending an email to firstname.lastname@example.org
2.- General conditions of use
3.- Artworks for sale
ARTETRAMA, is to offer its users a selection of contemporary graphic artworks by renowned Spanish and international artists. The ARTETRAMA stock of Works include a wide range of different graphic printing techniques, including etchings, aquatints, lithographs, serigraphs and others.
ARTETRAMA provides a detailed and comprehensive description of all its pieces. However, users may also contact us to receive further information about the technical characteristics or state of preservation of any work.
All of our works are unframed and in a state of preservation from very good to excellent, unless otherwise stated in the description.
Photographs of the artworks displayed don the website have been taken with the intention of representing the original Works as faithfully as possible. However, colors may show variations, often caused by the users' monitors.
The authenticity of all artworks is guaranteed and an invoice shall be enclosed as proof of purchase. Whenever available, the work will be shipped along with this certificate issued by the artist or publisher. In case this certificate is not available, a document that certifies the authenticity of the work sold will be issued in the name of ARTETRAMA.
4.- Purchase process
In the menu section entitled \"HOW TO BUY\" , each step in the purchase process is explained in detail and illustrated. However users may contact us for further information or to resolve any questions they may have.
This text contractually binds ARTETRAMA and the user and is accessible both before and after going through the purchase process. This agreement may be formalized in English, Spanish or German.
The prices of all pieces of art are shown in euros and taxes are included. Users may check the price in dollars and pounds sterling in the description of each artwork, although that is merely for orientation purposes. All payments must be made in euros and ARTETRAMA does shall not be liable if the amount charged to users in their local currency does not exactly match the amount given in our currency conversion tool. Users should be aware of the fluctuations to which currencies are subject.
Users shall be charged for shipment costs. Users may find out the exact cost involved by using the shipment costs calculator located at the bottom of the detailed description of each work, or in the first step of the purchase process (order summary). All shipments are done using UPS or FedEx, although ARTETRAMA reserves the right to use other companies for any shipment.
ARTETRAMA shall not be responsible for any management costs or taxes that could be generated at customs in countries outside the European Union, the Canary Islands, Ceuta or Melilla.
The payment methods accepted are bank card, bank transfer and PayPal. Payment by bank card will be processed using the 3D Secure system. As a security measure, users will have to verify that they are the actual cardholder, on their bank’s website. The cards accepted are Visa, MasterCard, Maestro and American Express. The latter must be activated for use with the 3D Secure system. If users select bank transfer as a payment method, they shall have five business days to make the transfer to the account provided by ARTETRAMA upon purchase. Otherwise, the order will be cancelled.
The purchase shall not be considered final until payment is received. All shipments shall be made within 24 working hours as of receipt of payment, unless another period is specified in the article's description. ARTETRAMA reserves the right to ship after this period has ended for reasons related or unrelated to the company. In such cases, users will be notified of the delay and they shall have the right to cancel the purchase and have their money refunded, either by PayPal or bank transfer, provided that the shipment has not been made.
ARTETRAMA shall not be held responsible for the time required for the bank transfer to be deposited, either in transfers within Spain or international transfers.
The delivery deadlines given, both in the \”HOW TO BUY\” section on the menu and the page with a detailed description of each piece of art, should be considered as approximate guidelines and refer to the time between shipment and reception.
After the artwork has been received, there is a 14-day return period, if you are not fully satisfied. In this case, buyers must send the article to the address we provide, bearing all costs of shipment and risks. After the works are received and their condition verified, we will reimburse the amount, excluding the transport costs for the first shipment. ARTETRAMA reserves the right not to accept a return if the work is not in the same condition in which it was first delivered to the buyer. Within this period, users shall also have the right to request a change for another or other works. If the prices are different, the difference will either be reimbursed or paid.
5.- Personal data
Users state that all data they provide are truthful and correct and undertake to keep said data up-to-date, making any changes via their control panel (only registered users) or by contacting ARTETRAMA. Users are responsible for the truthfulness of their data and shall be the sole party responsible for any disputes or litigations that could arise due to any false data.
6.- Technical means to identify and correct errors in data entry
The forms for the request of personal data used by the web have the ability to identify some errors related to the format of e-mail addresses, as well as incorrect passwords. In these cases, the user will be informed and prevented from being able to continue advancing in the process in which he/she is.
Other errors identified by the user may be amended through their control panel (only in case of registered users) or by getting in contact with ARTETRAMA through the email address email@example.com.
During the checkout process, users will be asked, prior to the payment, for the confirmation of their personal data and the details of their order, and may make any changes before completing the purchase.
If a user detects an error in his/her personal data after placing an order, he/she should immediately contact our customer service through any of the ways provided to correct the error.
ARTETRAMA undertakes to permanently have all necessary technical and organisational security measures in place to protect personal data and thus prevent their loss, alteration or unauthorised use. Furthermore it undertakes to protect all data entered by users in the payment process.
However, users must be aware that Internet security measures are not invulnerable.
With regard to the operative functioning of the website, ARTETRAMA is waived from any responsibility that could stem from interference, interruptions, computer viruses, breakdowns or disconnections whose causes are not attributable to ARTETRAMA.
ARTETRAMA shall cooperate with the competent authorities in case of illegal or harmful actions taken by third parties in bad faith (article 11 of LSSI) and/or that cause damages or losses on the website.
8.- Intellectual and industrial property
All contents displayed on the website are owned by Constantino Abella Bule and Rosa Ortiz Alberte and are protected by Spanish and international laws on intellectual and industry property. Therefore, the use, reproduction, modification or adaptation of graphic and design elements, photographs, layouts, drawings, buttons, icons and texts is absolutely prohibited without the express authorization of ARTETRAMA.
The logos, trademarks and graphic systems have been duly registered before the Spanish Patent and Trademark Office.
Unauthorised use of these contents shall be subject to the jurisdiction of the Courts and Tribunals of the capital city of Madrid (Spain).
9.- Link policy
ARTETRAMA reserves the right to include links to other websites that could be of interest to users within its contents. ARTETRAMA is included within the scope of the terms and conditions of article 17 of the Information Society Services and Electronic Commerce Act 34/2002, dated 11 July, and shall not be held responsible for damages or losses that could arise from the use, access, opinions, information and communications existing or offered by websites not managed by ARTETRAMA that are accessible from its website. However, although the lawfulness of contents offered by third parties cannot be guaranteed, ARTETRAMA intends not to include links to websites that do not fulfil the provisions in force in the LOPD and LSSI.
Regarding external links, ARTETRAMA is not responsible for any damages that may arise from the use, modification, operation or implementation of external links that direct to the website.
The ARTETRAMA website is not addressed to minors. Therefore, no personal data for these types of users shall be consciously processed or requested.
11.- Information supplied by the website
ARTETRAMA notifies users of its intent to provide all informational contents on its website truthfully and without typography errors. Any error of this type that could occur would be outside the wishes of ARTETRAMA and ARTETRAMA would proceed to immediately correct any such mistakes. If there is typographic error in any of the prices shown and a user makes the decision to make a purchase in light of this error, the buyer would be notified of this mistake and have the right to cancel the relevant purchase. In such a case, ARTETRAMA reserves the right to cancel the sale and reimburse the amount paid.
ARTETRAMA shall permanently review all data and information offered to thus proceed to correct any possible errors.
We notify users that the website www.artetrama.com uses devices to implement cookies and store IP addresses. These cookies are files that are stored on the users’ computer with the sole objective to simplify and improve browsing. They can only be read by users and by www.artetrama.com. Users can delete them by accessing their browser options. In no case shall this allow ARTETRAMA. to find out users’ personal data, such as their name, address, phone number, etc. if users themselves have not provided such information.
13.-Contractual relationship between ARTETRAMA and the user
All purchases are subject to current Spanish And EU legislation in force for remote sales.
Any litigation that could stem from the contractual relations between the parties shall be subject to the jurisdiction of the Courts and Tribunals of the city of Madrid (Spain).
14.- Modification of terms and conditions of sale
The terms and conditions of sale detailed in this document may be modified at any time without prior notice. These changes shall not be retroactive. Users undertake to read the conditions of use before making purchases.
If any modifications are made in teh future, the update date shall be stated.