Sales Condition

1. GENERAL INFORMATION

The ownership of this website, www.marcostorres.com, (hereinafter Website) is held by: Marcos Torres Martínez, with NIF: 41455267K, and whose contact details are:

 

Address: Calle del Mar Mediterraneo, 6 - Bajo - Puig d'en Valls - Ibiza - Baleares - Spain

Contact telephone number: 971311441       

Contact email: info@marcostorres.com

 

This document (as well as any other documents mentioned herein) governs the conditions governing the use of this Website (www.marcostorres.com) and the purchase or acquisition of products and/or services on it (hereinafter referred to as the Conditions).

 

For the purposes of these Conditions it is understood that the activity that marcostorres.com develops through the Website is the sale and shipment of original graphic artworks.

 

In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have already read the Legal Notice and the General Conditions of Use, including the cookies policy, and the privacy and data protection policy of marcostorres.com. By using this Website or by making and/or requesting the acquisition of a product and/or service through this Website the User agrees to be bound by these Conditions and by everything previously mentioned. if you do not agree with these conditions, you should not use this Website.

 

Likewise, we inform you that these Conditions may be modified. The User is responsible for consulting them each time he or she accesses, navigates and/or uses the Web Site, since those in force at the time of purchase of products and/or services will be applicable.

 

For any question that the User may have in relation to the Conditions, he or she may contact the owner using the contact details provided above or, where appropriate, using the contact form.


2. THE USER

Access, navigation and use of the Website confers the condition of user (hereinafter referred to, indistinctly, individually as a User or jointly as Users), and therefore all the Conditions established here, as well as their subsequent modifications, are accepted from the moment the navigation of the Website begins, without prejudice to the application of the corresponding legal regulations of obligatory compliance according to the case.

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

 

  • To make use of this Website only to make enquiries and legally valid purchases or acquisitions.

  • Not to make any false or fraudulent purchase. If such a purchase could reasonably be considered to have been made, it would be cancelled and the relevant authorities would be informed.

  • Provide truthful and legal contact details, e.g. email address, postal address and/or other details (see Legal Notice and General Conditions of Use).

 

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

 

The User may formalise, at his/her option, with marcostorres.com 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. PROCESS OF PURCHASE OR ACQUISITION

Users may purchase from the Website by the established means and forms. They must follow the online purchase and/or acquisition procedure at www.marcostorres.com, during which various products and/or services may be selected and added to the cart, basket or final shopping space and, finally, by clicking on "Finish shopping / checkout.”

 

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

 

Afterwards, the User will receive an email confirming that marcostorres.com has received his/her order or request for purchase and/or provision of the service, i.e. the confirmation of the order. And, if applicable, you will also be informed by email when your purchase is being sent.

 

Once the purchase procedure has concluded, the User consents that the Website generates an electronic invoice that will be sent to the User via email. Likewise, the User may, if he/she wishes, obtain a copy of his/her paper invoice by requesting it from marcostorres.com using the contact forms on the Website or through the contact details provided above.

 

The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale concerning the product and/or service in question and which are shown together with the presentation or, where appropriate, image of the same on its page on the Website, indicating, by way of illustration, but not exhaustively, and on a case-by-case basis: name, price, dimensions, number of colours, details of the products, or characteristics, manner in which they will be carried out and/or cost of the services; and acknowledges that the placing of the purchase order or acquisition embodies  the full and complete acceptance of the particular conditions of sale applicable in each case.

 

The communications, purchase orders and payments that intervene during the transactions carried out on the Website may be filed and kept in the computerised records of marcostorres.com in order to provide transaction evidence, in any case, respecting the reasonable security conditions and the laws and regulations in force that are applicable in this respect, and particularly taking into account Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016, relating to the protection of individuals with regard to the processing of personal data and the free circulation of such data (RGPD) and the Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the guarantee of digital rights, and the rights of Users in accordance with the Privacy Policy of this Website.


4. AVAILABILITY

All purchase orders received by marcostorres.com through the Website are subject to the availability of the products and/or that no circumstance or cause of force majeure (clause nine of these Conditions) affects the supply of the products and/or the provision of the services. If there are any difficulties in the supply of products or if there are no products left in stock, marcostorres.com undertakes to contact the User and reimburse any amount that may have been paid as a result of such difficulties. This will also be applicable in cases where the provision of a service becomes unfeasible.


5. PRICES AND PAYMENT

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

 

However, and unless otherwise indicated, the prices of the items offered exclude shipping costs, which may be incurred, and will be added to the total amount due when the User selects the shipping address for the order and the Website displays the corresponding shipping costs.

 

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

 

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 means of payment accepted will be: Credit / Debit card and PayPal.

 

marcostorres.com uses all possible means to guarantee 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).

 

The credit cards will be subject to checks and authorisations by the bank that issued them, if the bank does not authorise the payment, marcostorres.com will not be responsible for any delay or non-delivery and cannot formalise any contract with the User.

 

Once marcostorres.com receives the purchase order from the User through the Website, a pre-authorisation will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The card will be charged at the time when the shipping confirmation and/or confirmation of the service provided is sent to the User in the established manner and, if applicable, place.

 

If the means of payment is by PayPal the charge will be made at the time when marcostorres.com sends a confirmation of the purchase order or acquisition of products and/or services to the User.

 

In any case, by clicking on "Finish shopping / checkout" the User confirms that the method of payment used is theirs.


6. DELIVERY

Except in those cases where unforeseen or extraordinary circumstances exist, the purchase order containing the products listed in each purchase confirmation will be delivered approximately within the period indicated on the Website, in any case, within a maximum of 30 calendar days from the date of order confirmation.

 

If for any attributable reason marcostorres.com is unable to

meet the delivery date, it will contact the User to inform him/her of this circumstance and the User may choose to continue with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.

 

In the event that 30 days have passed since your order is available for delivery, and it has not been delivered for a reason not attributable to marcostorres.com, marcostorres.com will understand that the User wishes to withdraw from the contract and this will be considered as resolved. As a consequence of the termination of the contract, all payments received from the User will be returned to him/her, 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.

 

Nevertheless, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on to him/her.

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

The risks that may arise from the products shall be borne by the User from the time of delivery. The User acquires ownership of the products when marcostorres.com 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 later time than the full receipt of the amount paid by marcostorres.com.

 

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


7. TECHNICAL MEANS FOR CORRECTING ERRORS

The User is informed that in cases when he/she detects that an error has occurred when entering the data necessary to process his/her purchase request on the Website, he/she may modify the same by contacting marcostorres.com through the contact spaces provided on the Website, and, where appropriate, through those spaces provided for contacting the customer service, and/or using the contact data provided in the first clause (General Information).

 

In any case, the User, before clicking on "Finish shopping / checkout", has access to the space, cart, or basket where his or her possible purchases are placed and can make modifications.

 

Similarly, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy for further information on how to exercise their right of rectification in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (RGPD) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights.


8. RETURNS

In cases where the User acquires products on or through the owner's Website, he or she has a series of rights, as listed and described below:

 

Right of Withdrawal

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

 

This period of withdrawal shall expire 14 calendar days from the day the User or a third party authorised by the User, other than the courier, acquired material possession of the goods purchased on the marcostorres.com Website. 

To exercise this right of withdrawal, the User must notify marcostorres.com of his decision. You may do so, where appropriate, through the contact spaces provided on the Website or through the email info@marcostorres.com

 

The User must clearly and unequivocally express that it is his intention to withdraw from the purchase contract. In any case, the User may use the withdraw form that marcostorres.com makes available as an annex to these Conditions, however, its use is not obligatory.

 

In order 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, marcostorres.com will reimburse the User for all payments received, including shipping costs without any undue delay and in any case no later than 14 calendar days from the date on which marcostorres.com is informed of the decision to withdraw by the User.

 

marcostorres.com will reimburse the User by using the same method of payment that the User used to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, marcostorres.com may withhold such refund until the products or items purchased have been received.

 

The User can return or send the products to marcostorres.com at:

 

Marcos Torres Studio

Calle del Mar Mediterráneo 6, bajo.

07813 Puig d'en Valls, Ibiza, Balearic Islands, Spain

Tel. (+34) 971311441

info@marcostorres.com

 

This must be done without any undue delay, and in any event no later than 14 calendar days from the date on which marcostorres.com was informed of the withdrawal decision.

 

The User acknowledges that he or she must assume the direct cost of returning (transport, delivery) the goods. Furthermore, he/she shall be responsible for any decrease in the value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.

 

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

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

 

You can download the withdraw form from the following link:

www.marcostorres.com/withdrawform

 

Return of defective products or error in shipping

These concern all the cases in which the User considers that, at the time of delivery, the product does not conform to the stipulations of the contract or purchase order, and that, therefore, the User must contact marcostorres.com immediately and let it know of the existing disagreement (defect/error) by the same means or using the contact details 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 period of time, whether a refund or, if applicable, a replacement is due.

 

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

 

The amount paid for those products that are returned due to a defect, when it actually exists, will be fully reimbursed, including the delivery costs and the 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 recognised by the legislation in force at any given time for the User, as a consumer and user, will always be respected.

 

Guarantees

The User, as a consumer and user, enjoys guarantees on the products that may be acquired through this Website, in the terms legally established for each type of product, and marcostorres.com is therefore liable for any 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 marcostorres.com and have the qualities presented in the same. When this is not the case with regard to the products delivered to the User, the latter must proceed as indicated in the section: Return of defective products or error in shipping. However, some of the products sold on the Website may have non-homogeneous characteristics, 

if and when these derive from the type of material with which they have been manufactured, and will therefore form part of the individual appearance of the product, and will not be a defect.


9. EXCLUSION OF LIABILITY

Unless otherwise provided by law, marcostorres.com will not accept any liability for the following losses, regardless of their origin:

 

  • Any losses that are not attributable to any breach by marcostorres.com;

 

  • 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 the two parties.

 

Likewise, marcostorres.com also limits its liability in the following cases:

 

  • marcostorres.com applies all measures concerning the faithful display of the product on the Website, however it is not responsible for minimum differences or inaccuracies that may exist due to the colour configuration of the screen, or problems with the browser that is used or others of this nature.           

 

  •  marcostorres.com will act with the maximum diligence in choosing the company in charge of the transporting of the product that is the object of the purchase order. However, it will not be responsible for any damage arising from a malfunction of the transport, especially for causes such as strikes, roadblocks, and in general any other typical problem in the sector, which result in delays, losses or theft of the product.

 

  • Technical failures that, due to fortuitous causes or other, prevent the normal functioning of the service through the Internet including lack of Website availability for maintenance or other reasons, which prevents the service from being available. marcostorres.com puts all the means at its disposal for the purposes of carrying out the process of purchase, payment and dispatch/delivery of the products, however it is exempt from liability for causes that are not attributable to it, chance events or force majeure.  

 

  • marcostorres.com will not be responsible for the bad use and/or the wear of the products that have been used by the User. At the same time, marcostorres.com will not be held responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product.    

 

  •  In general, marcostorres.com will not be responsible for any failure or delay in the fulfilment of any of the obligations assumed, when this is due to events that are beyond its reasonable control, that is to say, due to force majeure, and this may include, but is not limited to

 

o Strikes, lock-outs or other industrial action.                      

             

o Civil unrest, revolt, invasion, terrorist threat or attack, war (whether declared or not) or threat or preparations for war.                 

             

o Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster.                       

             

o Impossibility of the use of trains, ships, planes, motor transport or other means of transport, public or private.                   

             

o Impossibility of the use of public or private telecommunications systems.                    

             

o Acts, decrees, legislation, regulations or restrictions decreed by government or public authority.

 

In this way, the obligations will be suspended for the period in which the cause of force majeure continues, and marcostorres.com will have an extension in the period to comply with them for a period of time equal to the duration of the cause of force majeure. marcostorres.com will make every reasonable effort to find a solution to enable it to comply with its obligations despite the cause of force majeure.


10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User agrees that most communications with marcostorres.com will be electronic (email or notices published on the Website).

For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that any contract, notice, information and other communications sent by marcostorres.com in electronic form comply with the legal requirements to be in writing. This condition shall not affect the rights granted by law to the User.

The User may send notifications and/or communicate with marcostorres.com through the contact details provided in these Conditions and, where applicable, through the contact spaces on the Website.

Likewise, unless otherwise stipulated, marcostorres.com may contact and/or notify the User by email or at the postal address provided.


11. WAIVER

No waiver by marcostorres.com of any particular right or legal action or the failure by marcostorres.com to require strict compliance by the User with any of its obligations shall constitute a waiver of any other rights or actions arising from a contract or the Conditions, nor shall it exonerate the User from compliance with its obligations.

 

No waiver by marcostorres.com of any of the present Conditions or of the rights or actions derived from a contract will be effective, unless it is expressly established that it is a waiver and it is formalised and communicated to the User in writing.


12. NULLITY

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


13. COMPLETE AGREEMENT

These Conditions and any document expressly referred to in these constitute the entire agreement between the User and marcostorres.com in relation to the subject matter of the sale and purchase and replace any other previous agreement, arrangement or promise agreed verbally or in writing by the same parties.

 

The User and marcostorres.com acknowledge that they have consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for that which is expressly mentioned in these Conditions.


14. DATA PROTECTION

The information or personal data that the User provides to marcostorres.com in the course of a transaction on the Website, will be treated in accordance with the Privacy Policy or Data Protection (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 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 access, navigation and/or use of the Website, or with the interpretation and execution of these Conditions, or with the contracts of sale between marcostorres.com and the User, shall be subject to the non-exclusive jurisdiction of the Spanish courts.


16. COMPLAINTS AND CLAIMS

The User can send marcostorres.com his complaints, claims or any other comments he wishes to make through the contact details provided at the beginning of these Conditions (General Information).

 

In addition, marcostorres.com has official complaint forms available to consumers and users, which they can request from marcostorres.com 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 marcostorres.com and the User, the User as a consumer can request an out-of-court settlement of disputes in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on the resolution of consumer disputes online and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. This method can be accessed via the following website: http://ec.europa.eu/consumers/odr/.

 

Last modified: 25 November 2020