General Conditions of Sale
1. General Information
The ownership of this website, http://dadalite.org (hereinafter, Website) is held by: Jordi Bielsa Mialet, with NIF: 52594628-E, and whose contact details are:
Address: C / Barcelona, Nº38, 1-1ª – 17400 Breda (Girona). Spain
Contact phone: (+34) 972160707
Contact email: info@02.local
This document (as well as other documents mentioned here) regulates the conditions governing the use of this Website (http://dadalite.org) 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 DADALITE develops through the Website includes:
DADALITE through the Website http://dadalite.org offers its artistic creations and editing services. DADALITE understands that its artistic creations are both the objects offered for sale and their display or exhibition assembly. DADALITE offers its paintings, sculptures, papier-mâché works, etchings, strange objects and collectibles for sale. They are unique works or limited editions, manufactured products and readymades. Copyright does not transfer with sale. The artistic creation services include: edition of original graphic work and objects, molds and sculptures. Digital edition. Video and animation. Specific orders, business gifts, assemblies, shop windows, framing services, etc.
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 Policy and DADALITE Data Protection. By using this Website or when acquiring 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 aforementioned, so if they do not agree with everything Therefore, you should not use this Website.
Likewise, it is reported that these Conditions could 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 purchase of products and / or services are requested will be applicable.
For all questions that the User may have in relation to the Conditions, they can 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 User or jointly as Users), for which they are accepted, from the start 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 a correct use of the Website. This responsibility will 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 a purchase of this nature could reasonably be considered to have been made, it could be canceled and the relevant authorities informed.
- Provide truthful and lawful contact information, for example, email address, postal address and / or other information (see Legal Notice and General Conditions of Use).
The User declares to be over 18 years of age and have the legal capacity to enter into contracts through this Website.
The User may formalize, at their choice, with DADALITE the contract for the 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 acquisition procedure of
Likewise, the User must fill in and / or check the information that is requested in each step, although, during the purchase process, before making the payment, the purchase details can be modified.
Next, the User will receive an email confirming that DADALITE has received their order or request for purchase and / or provision of the service, that is, the order confirmation. And, where appropriate, you will also be informed by email when your purchase is being shipped. Where appropriate, this information could also be made available to the User through their personal connection space to the Website.
Once the purchase procedure has been concluded, the User consents that the Website generates an electronic invoice that will be sent to the User through email and, where appropriate, through their personal connection space to the Website. Likewise, the User may, if she so wishes, obtain a copy of her paper invoice, requesting it from DADALITE using the contact spaces on the Website or through the contact information provided above.
The User acknowledges being up-to-date, at the time of purchase, of certain particular conditions of sale that concern the product and / or service in question and which are shown next to the presentation or, where appropriate, its image on its page of the Website, indicating, by way of example, but not exhaustive, and according to each case: name, price, components, weight, quantity, color, details of the products, or characteristics, the way in which they will be carried out and / o cost of benefits; and acknowledges that the completion 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 filed and kept in the computerized records of DADALITE in order to constitute a means of proof of the transactions, in any case, respecting reasonable conditions of security and the laws and regulations in force that are applicable in this regard, and particularly in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons in Regarding the processing of personal data and the free circulation of these data (RGPD) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, and the rights that assist the Users in accordance with the privacy policy of this Website.
4. Availability
All purchase orders received by DADALITE through the Website are subject to the availability of the products and / or to the fact that no circumstance or force majeure (clause nine of these Conditions) affects the supply of the same and / or the provision of the services. If there are difficulties in the supply of products or there are no products in stock, DADALITE undertakes to contact the User and reimburse any amount that may have been paid as an amount. This will be equally applicable in cases in which the provision of a service becomes unfeasible.
5. Prices and Payment
The prices displayed on the Website are final, in Euros (€) and include taxes, unless a different issue is indicated and applied by legal requirement, especially in relation to VAT.
Shipping costs are included in the final prices of the products as shown on the Website. Thus, DADALITE performs delivery and / or shipping services through: Correos, SEUR, UPS and others.
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, PayPal, and Bank transfer.
DADALITE uses all 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).
Credit cards will be subject to checks and authorizations by the issuing bank, if said entity does not authorize payment, DADALITE will not be responsible for any delay or lack of delivery and will not be able to formalize any contract with the User.
Once DADALITE 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 that the shipping confirmation and / or confirmation of the service provided in the form and, where appropriate, established place is sent to the User.
If the means of payment is PayPal, the charge will be made when DADALITE sends a confirmation of the purchase order or acquisition of products and / or services to the User.
In any case, by clicking on “FINISH PURCHASE” the User confirms that the payment method used is his.
The purchase or acquisition orders in which the User selects the bank transfer as a means of payment will be reserved for 5 calendar days from the order confirmation in order to allow enough time for the bank transfer to be taken into account by the system of payments used by DADALITE for the Website. When the system receives the transfer, the order will be prepared and managed for shipping.
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 transfer reference. In case of error, DADALITE will not be able to validate the order, which will be canceled.
6. Delivery
In the cases in which it is appropriate to make the physical delivery of the contracted good, the deliveries will be made in the area of the following territory: the whole world.
Except for those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, derived from the customization of the products, the purchase order consisting of the related products 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 order confirmation.
If for any reason, attributable to it, DADALITE could not meet the delivery date, it will contact the User to inform him of this circumstance and, he may choose to go ahead with the purchase by establishing a new delivery date or cancel the order with 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 User’s absence, the order could be returned to the warehouse. However, the carrier would leave a notice explaining where the order is located and how to get it delivered again.
If the User is not going to be at the place of delivery in the agreed time slot, they must contact the carrier to arrange delivery on another day.
In the event that 30 days have elapsed since your order is available for delivery, and it has not been delivered for reasons not attributable to DADALITE, DADALITE will understand that the User wishes to withdraw from the contract and it will be considered resolved. As a result of the termination of the contract, all payments received from the User will be returned to the User, except for shipping costs, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which it is considered terminated the contract.
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 material possession of the products, which will be accredited by the signature of 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 DADALITE 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 it takes place at a time after the full receipt of the amount to be paid by DADALITE.
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.
Likewise, Spanish VAT will be applied to other EU countries, unless the maximum amount of cross-border sales established by each EU country is exceeded. In that case, the VAT of the country of destination of the products will be applied.
For the rest of locations, different from the previous ones, where the purchase orders will be located, for their delivery and / or provision, the current regulations will be applied at all times; The User must take into account that this could generate the application and accrual of taxes and customs duties at destination, in accordance with current regulations at destination, and that these could be on their part. For more information, the User must go to the customs office at destination.
7. Technical Means to Correct Errors
The User is informed that in case he detects that an error has occurred when entering the necessary data to process his purchase request on the Website, he may modify them by contacting DADALITE through the contact spaces provided. on the Website, and, where appropriate, through those authorized to contact customer service, and / or using the contact information provided in the first clause (General information). Likewise, this information could also be corrected by the User through their personal connection space to the Website.
In any case, the User, before clicking on “FINISH PURCHASE”, 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 and Data Protection Policy to obtain more information on how to exercise their right to rectification as established in the 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 these data (RGPD) and in the Law Organic 3/2018, of December 5, Protection of Personal Data and guarantee of digital rights.
8 Returns
In the cases in which the User acquires products on or through the owner’s Website, they are assisted by a series of rights, 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 him, other than the carrier, acquired material possession of the goods acquired on the DADALITE Website or in the event that the goods that make up his order are delivered separately, 14 calendar days from the day that the User or a third party authorized by him, other than the carrier, acquired material possession of the last of those goods that made up the same purchase order.
To exercise this right of withdrawal, the User must notify DADALITE of his decision. You can do so, where appropriate, through the contact spaces provided on the Website.
The User, regardless of the means they choose to communicate their decision, must express clearly and unequivocally that it is their intention to withdraw from the purchase contract.
To meet the withdrawal period, the communication that unequivocally expresses the decision to withdraw must be sent before the corresponding period expires.
In case of withdrawal, DADALITE will reimburse the User for all payments received except for shipping costs, without any undue delay and, in any case, no later than 14 calendar days from the date on which DADALITE receives the products or purchased items.
DADALITE will reimburse the User using the same payment method that he used to carry out the initial purchase transaction. This refund will not generate any additional cost to the User.
The User can return or send the products to DADALITE at: C / Barcelona, Nº38, 1-1ª – 17400 Breda (Girona) And must do so without any undue delay and, in any case, no later than 14 days after the withdrawal deadline.
The User acknowledges knowing that he must bear the direct cost of return (transport, delivery) of the goods, if any were incurred. In addition, it will be responsible for the decrease in value of the products resulting from a manipulation other than that necessary to establish the nature, characteristics and operation of the goods.
The User acknowledges knowing that there are exceptions to the right of withdrawal, as set forth 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 exhaustive, this would be the case of: personalized products; products that can deteriorate or expire quickly; Music or video CDs / DVDs without their packaging, as factory-sealed; products that for hygiene or health reasons 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 fully executed, or when it has begun, with the express consent of the consumer and user and with the acknowledgment on their part that they are aware that, once the contract has been fully executed by DADALITE, they will have lost their right of withdrawal.
In any case, no refund will be made if the product has been used beyond the mere opening of it, for products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.
Likewise, the product must be returned using or including all its original packaging, instructions and other documents that accompany them, as well as a copy of the purchase invoice.
Return of defective products or shipping errors
These are all those cases in which the User considers that, at the time of delivery, the product does not conform to what is stipulated in the contract or purchase order, and that, therefore, they should contact DADALITE immediately and let you know 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 on how to proceed with the return of the product, and this, once returned, will be examined and the User will be informed, within a reasonable period of 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 from 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 due to a defect, when it actually exists, will be fully reimbursed, 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, it will always be governed by the rights recognized in the legislation in force at all times for the User, as consumer and user.
Guarantee
The User, as a consumer and user, enjoys guarantees on the products that can be purchased through this Website, in the legally established terms for each type of product, DADALITE responding, 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 DADALITE and possess the qualities presented in it; are suitable for the uses to which products of the same type are ordinarily used; and present the usual quality and benefits of a product of the same type and that are fundamentally expected from 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 shipping. However, some of the products that are marketed on the Website, could present non-homogeneous characteristics as long as these derive from the type of material with which they have been manufactured, and that therefore will form part of the individual appearance of the product, and they will not be a defect.
On the other hand, it could be the case that the User acquires a product of a brand or manufactured by a third party on the Website. 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 legal guarantee right directly against them during the two years following the delivery of said products. For this, the User must have kept all the information in relation to the guarantee of the products.
9. Disclaimer of Liability
Except for legal provision to the contrary, DADALITE will not accept any responsibility for the following losses, regardless of their origin:
- any loss that was not attributable to any default on your part;
- business losses (including lost profits, income, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or from
- any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products was entered into between both parties.
Likewise, DADALITE also limits its liability in the following cases:
- DADALITE applies all the 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.
- DADALITE will act with the utmost diligence in order to make available to the company in charge of transporting the product that is the 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 retentions, and in general any other specific to the sector, which result in delays, losses or theft of the product.
- Technical failures that, due to fortuitous or other causes, prevent the normal functioning of the service through the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents the availability of the service. DADALITE 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 is exempt from liability for causes that are not attributable to it, unforeseeable circumstances or force majeure.
- DADALITE will not be responsible for the misuse and / or wear of the products that have been used by the User. At the same time, DADALITE 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, DADALITE 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, they are due to force majeure, and this may include, by way of example but not exhaustive:
- Strikes, lockouts or other protest measures.
- Civil commotion, revolt, invasion, threat or terrorist 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, boats, 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 force majeure continues, and DADALITE will have an extension in the term to fulfill them for a period of time equal to the duration of the force majeure. DADALITE will use all reasonable means to find a solution that allows it to comply with its obligations despite the cause of force majeure.
10. Written Communications and Notifications
By using this Website, the User accepts that most of the communications with DADALITE are electronic (email or notices published on the Website).
For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that DADALITE sends electronically meet 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 DADALITE through the contact information provided in these Conditions and, where appropriate, through the contact spaces on the Website.
Likewise, unless otherwise stipulated, DADALITE may contact and / or notify the User by email or at the postal address provided.
11. Waiver
No waiver by DADALITE of a specific right or legal action or the lack of requirement by DADALITE of strict compliance by the User of any of its obligations will imply, or a waiver of other rights or actions derived from a contract or the Conditions, nor will it exonerate the User of the fulfillment of their obligations.
No resignation by DADALITE of any of these Conditions or of the rights or actions derived from a contract will take effect, unless it is expressly established that it is a resignation and it is formalized and communicated to the User in writing.
12. Nullity
If any of these Conditions were declared null and void by a firm resolution issued by the 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 to which express reference is made in these constitute the entire agreement existing between the User and DADALITE in relation to the object of sale and replace any other previous pact, agreement or promise agreed verbally or in writing by the same parts.
The User and DADALITE acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except that which is expressly mentioned in these Conditions.
14. Data Protection
The information or personal data that the User provides to DADALITE 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 said information and data and declares that all the information or data provided are true.
15. Applicable Legislation and Jurisdiction
Access, navigation and / or use of this Website and product purchase contracts through it will be governed by Spanish legislation.
Any controversy, problem or disagreement that arises or is 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 DADALITE and the User, will be submitted to the non-exclusive jurisdiction of Spanish courts and tribunals.
16. Complaints and Claims
The User can send DADALITE their complaints, claims or any other comment they wish to make through the contact information provided at the beginning of these Conditions (General Information).
Likewise, if a dispute arises from the conclusion of this purchase contract between DADALITE 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 May 21, 2013, on online dispute resolution in consumer matters and amending Regulation (EC) 2006/2004 and Directive 2009/22 / EC. You can access this method through the following website:
SERVICES
DADALITE offers specific services adapted to the User. Such as commissions, business gifts, editions of original graphic work, digital editions, video and animations, framing work, etc. The User can request these services by email:
Image rights
In case the requested service requires images that are not owned by DADALITE.
- With the present acceptance of these conditions, the User declares to be in possession of the image rights and / or exploitation of registered trademarks, logos and images that appear in the requested service.
- The User declares that said images will only be used within the legal framework that allows the commercial relationship with the holders of said trademarks, distinctive signs and trade names.
- In cases of reproduction of institutional images or registered trademarks in which there may be doubt in the authorship or rights, DADALITE may request an explicit authorization signed by the User before making the production.
- DADALITE undertakes to treat the User’s images and files professionally, discreetly and with the utmost confidentiality. Likewise, in order to protect their work, the files that should not be returned to the User may be kept for a period of up to 30 days. After this time they will be safely destroyed.