GENERAL CONTRACT CONDITIONS OF SALE


Introduction.

By means of the text below, the user is presented with the General Contract Conditions which will regulate the contract process, wherein the party in charge of the contract offer is DISTRIBUCIONS D´ART SURREALISTA SAU (hereinafter DISTRIBUCIONS D´ART SURREALISTA), located in Spain.

The user is informed of these General Contract Conditions, which have been communicated to them prior to the start of the contract process, and by clicking on the button "I have read and accept the general conditions" they undertake fully accept them without restriction and with any specific condition that may exist.

DISTRIBUCIONS D´ART SURREALISTA, informs you that it shall be entitled, at any time and without forewarning to modify the content of these General Contract Conditions and of any specific condition that may exist.

 

Identification of the parties.

The party responsible for the contract offer is DISTRIBUCIONS D´ART SURREALISTA with registered office at carrer Sant Pere, no. 23, postal code 17600, Figueres, Spanish, with tax identification no. A17064320. If you should wish to contact us, our telephone number is +34 872 98 00 95, and our email is botiga@fundaciodali.org.

The consumer and user is the purchaser of the existing products and/or services in the portal, who must be over eighteen (18).

 

Purpose.

The purpose of the General Contract Conditions is to establish the legal conditions applicable to the sale and purchase process between DISTRIBUCIONS D´ART SURREALISTA and the consumer and user in order to enable the purchase of goods or services offered by DISTRIBUCIONS D´ART SURREALISTA.

 

Characteristics of the products.

With DISTRIBUCIONS D´ART SURREALISTA’s e-commerce environment of, you will be able to acquire a variety of products. You can find a description of each by selecting and clicking on the products that interest you.

 

Price and availability of the products.

The final all-rounded price is displayed for each of the products, and the taxes, transport costs and any other tax or additional expense are detailed.

We work hard to offer exact and complete information about the product. DISTRIBUCIONS D´ART SURREALISTA publishes the most up-to-date information possible regarding the various products offered in its online store.

DISTRIBUCIONS D´ART SURREALISTA shall be entitled to vary its prices whenever it deems fit. For this reason, when accessing the web pages where DISTRIBUCIONS D´ART SURREALISTA’s product prices are located, the user and consumer should ensure that the pages are the latest version and not an older version that has been stored in the internal memory. For this reason, the user agrees that on accessing the prices of the products and services, they will press the “Refresh” icon. Otherwise DISTRIBUCIONS D´ART SURREALISTA shall not be responsible for any divergence in the product or service price, whereby the most recent price will always be applied.

There may be variance between the photographs of the products and the products finally sent. These shall not be considered as a flaw of the product. Similarly, there may also be changes to the appearance of the products, especially after having revised our product range. These shall not be considered as a defect.

When the items are not available, we shall inform the consumer and user, and the payments must be refunded. In this event, DISTRIBUCIONS D´ART SURREALISTA, shall not be obligated to carry out the delivery.

 

Order.

On placing an order and making the related payment, a request for a contract between you and DISTRIBUCIONS D´ART SURREALISTA is approved.

The order will be binding for you on clicking on the "Send order" button. DISTRIBUCIONS D´ART SURREALISTA will send you a confirmation of your request by email within a maximum of 24 hours, indicating that the order will be processed and containing the details of the contractual agreement reached.

 

Expenses, Delivery conditions and Transport.

Delivery will only be performed to an address you have specified to us. You will receive the chosen items plus the related invoice.

The shipping cost shall be charged in Euros (€) based on the order’s real weight, volume weight, and the delivery address, in line with the accompanying tables for deliveries in Spain and abroad.

Any other expense that must be incurred to perform the delivery shall be the responsibility of the purchaser, which includes, by way of illustration and not limitation, import duties, taxes, customs clearance, tariffs and tolls.

There may be changes to the delivery times in the event of any anomalies relating to the courier and transport services and due to complications at the time of supplying the goods.

Customer service for DISTRIBUCIONS D´ART SURREALISTA. If there are any issues or you have any queries, DISTRIBUCIONS D´ART SURREALISTA offers the following options for contact:

- Telephone number: +34 872 98 00 95

- Email: botiga@fundaciodali.org

- Postal address: carrer Sant Pere, no. 23, postal code 17600, Figueres, Spain.

 

Method of Payment.

We offer direct payment by credit card (VISA, AMEX, DINERS CLUB, JCB), debt card (VISA o MASTERCARD) through the financial services of the financial institution La Caixa (www.lacaixa.es) within its safe payment technological environment, Cyberpack. Payments made  through PAYPAL services are also accepted.

 

Date of delivery, performance of contract and duration.

The products which form the purpose of the contract will be delivered in a maximum 30-day term, as from the day after the date on which you have given your consent to the contract.

Should DISTRIBUCIONS D´ART SURREALISTA not perform the contract, due to unavailability of the goods or services contracted, the consumer and user will be informed of the lack of availability and will recover, as soon as possible, and in any case within 30 days, any amounts paid.

Substitution of the good or service contracted: If the good or service ordered is not available, you may be supplied with a good or service of similar characteristics and of equal or higher quality, at no extra cost.

This agreement shall remain in force whilst the two parties are required to meet the obligations undertaken therein.

 

Procedure for the termination of the contract by the consumer.

The consumer may, at any time prior to the execution of the contract, cancel their order. Once the contract is executed, it shall be governed by the provisions of the section Termination of these General Contract Conditions.

 

Guarantees.

Compliance of the products with the contract: Unless proven otherwise, it shall be understood that the products comply with the General Contract Conditions, provided that they meet the requirements set out in the current regulation, except where due to specific circumstances any of these are not applicable.

There shall be no cause for liability through lack of compliance of which the consumer and user is aware or must have been aware at the time the contract was executed.

Any possible deficiencies caused by normal use of the product, wear and tear or those caused by damage or improper use shall not be included.

Timescales of the Guarantee: DISTRIBUCIONS D´ART SURREALISTA is responsible for any lack of conformity notified within 2 years of delivery. Unless it is proven otherwise, the delivery shall be understood to have been performed on the date stated in the invoice, or in the pertinent delivery note, if this were later. The consumer and user must notify DISTRIBUCIONS D´ART SURREALISTA of the lack of conformity within two months from the date they notice it.

 

Language in which the agreement is formalised.

The language to be used will be Spanish, Catalan or English, chosen by the user.

 

Right to termination.

The right to termination of a contract is the right of the consumer and user to annul the signed contract, for which DISTRIBUCIONS D´ART SURREALISTA must be notified in due time.

Exceptions to the right to termination.

It will not be applicable to the following contracts:

a) Contracts for the supply of goods whose price is subject to fluctuations of financial market coefficients that the entrepreneur cannot control.

b) Contracts for the supply of goods produced to meet the consumer and user’s specifications or that are clearly personalised, or which, due to their nature, cannot be returned or may rapidly deteriorate or expire.

c) Contracts for the supply of sound or video recordings, or records and software that have been opened by the consumer and user, as well as computing files, provided electronically, which may be immediately downloaded or reproduced for permanent use.

d) Contracts for the supply of daily newspapers, periodicals and magazines.

e) Contracts for the provision of services which have begun to be performed, with the agreement of the consumer and user, before the minimum term of seven working days has finished.

f) Betting and lottery service contracts.

 

Terms and formalities.

Term: The consumer and user shall have a term of seven working days as from the delivery of the product which forms the subject-matter of the contract to exercise their right to termination.

Formalities: The right to termination shall be considered validly exercised, in accordance with the regulation in force, through the sending of the termination document or through the return of the products received.

Requirements and consequences of its exercise, including the ways to return the product or service received.

Proof of exercise of the right to termination: It is incumbent upon the consumer and user to prove that they have exercised their right to termination in accordance with the provisions of this clause.

Expenses related to the termination: The exercise of the right to termination shall not imply any extra cost for the consumer and user, except where there is a remote agreement, as stipulated in the section of these General Contract Conditions: "Right to termination of the Remote agreement". For these purposes the place of performance is considered to be the place where the consumer and user have received the product or service.

 

Consequences of the exercise of the right to termination

Once the right to termination has been exercised, the parties must reciprocally return the goods supplied and the payment.

The consumer and user shall not be required to reimburse any amount for reduction in value of the product resulting from its own use in accordance with the agreement or its nature, or from use of the service.

The consumer and user shall be entitled to reimbursement for any required and appropriate expenses that they have made on the product.

Inability of the consumer and user to return the product or service.

The consumer and user’s inability to return the product or service which is subject of the contract due to loss, destruction or any other cause shall not divest them of the possibility of exercising their right to termination. In this case, when the inability to return the product is attributable to the consumer and user, they shall be accountable for the market price the product would have had at the time the right to termination is exercised, save if this price were higher than the purchase price, in which case they shall be accountable for the latter.

 

Return of amounts received by DISTRIBUCIONS D´ART SURREALISTA

When the consumer and user has exercised the right to termination, DISTRIBUCIONS D´ART SURREALISTA shall be obliged to refund the amounts paid by the consumer and user without withholding expenses. The refund should be made as soon as possible and in any case within a maximum of 30 days from the date of termination.

 

Annulment or termination.

The non-exercise of the right to termination in the established term shall not preclude the subsequent exercise of action for annulment or termination of the contract where pertinent in accordance with law.

 

Contract right to termination.

The consumer and user who exercises the right to termination established in the contract shall not in any event be obliged to indemnify for wear and tear or deterioration of the good or for use of the service exclusively due to trying it out to take a decision on its final purchase.

Under no circumstances shall DISTRIBUCIONS D´ART SURREALISTA require an advance payment or provision of guarantees, including acceptance of a guarantee to return any product or service in the event that the right to termination is exercised.

Right to termination in remote agreements.

The consumer and user who enters into a remote agreement, as is the case at hand, has the right to discontinue the contract as established above, although in this type of contract DISTRIBUCIONS D´ART SURREALISTA may require the consumer and user to assume the direct cost of the return of the good or service. Any clauses that impose a penalty on the consumer for the exercise of their right to termination or waiver of aforesaid right will be fully null and void. However, DISTRIBUCIONS D´ART SURREALISTA reserves the right of indemnity for damage to products that are not returned in good condition.

Termination document: In accordance with the regulation in force, a document of termination must be provided which states the name and address of the person to whom it should be sent, its identification details and the personal details of the contracting parties that it refers to. The content of the Termination document is as follows:

 

Termination Document

1. Sender: (Include all your contact details here: name and surname, full address, telephone and mobile numbers, email address and any other information you consider necessary in order for us to be able to contact you).

2. Recipient: DISTRIBUCIONS D´ART SURREALISTA. After-sales and customer service department.

3. DISTRIBUCIONS D´ART SURREALISTA’s address:

Postal communication: carrer Sant Pere, no. 23, postal code 17600, Figueres, Spain

Communication by email: botiga@fundaciodali.org

Communication by fax: +34 972 98 35 75

4. Observations and/or comments. (Include your observations and comments here.)

 

Data Protection.

With the information provided below, DISTRIBUCIONS D´ART SURREALISTA, brings your attention to its privacy policy which is applied in relation to your personal data in these General Contract Conditions.

DISTRIBUCIONS D´ART SURREALISTA meets all the requirements set down by regulation with regard to personal data protection. All the information under our responsibility shall be treated in accordance with these legal requirements, enforcing both technical and organisational security measures to guarantee confidentiality.

You confirm that the information and data you provide to DISTRIBUCIONS D´ART SURREALISTA is real and true.

Please be informed that you expressly consent to the inclusion of the personal data with which you provide us in DISTRIBUCIONS D´ART SURREALISTA’s files, for the purpose of management of your purchase, general, accounting and tax administration, as well as developing and sustaining the business relationship.

If you provide us with third parties’ personal data, or do so in the future, you must previously inform the interested parties of the stipulations contained herein and request their consent. You also agree to keep the data provided to us up-to-date, and provide and inform us of any variation to the data. Otherwise we shall assume that it has not changed and is accurate and up-to-date.

You will be entitled to exercise your right to access, rectification, cancellation and objection by communication in writing to carrer Sant Pere, no. 23, postal code 17600, Figueres, or through email to botiga@fundaciodali.org, attaching a copy of your official identification document and specifying on the envelope or in the subject, as appropriate: Conditions of Registration - Data Protection.

During the execution of the contract your credit card details will be requested and therein communicated to the financial institution managing the payment of the items. This request will be made for the main purpose of validation of the credit card and payment of the item or items requested. It therefore corresponds to the free and lawful acceptance of the legal relationship between the consumer and user and DISTRIBUCIONS D´ART SURREALISTA in which development, compliance and monitoring necessarily require the connection of this processing with third parties’ files. This is lawful in relation to compliance with the specified purpose.

Our website does not contain any hyperlinks enabling the communication of your data to other websites, and no invisible personal data processing is performed.

On the basis of the above, in the event that you provide us with your data, we shall understand that you expressly authorise us to process it as described above.

 

Exclusion of Liability.

DISTRIBUCIONS D´ART SURREALISTA disclaims any kind of liability that could arise from improper use by users of its website and of the online purchase process, or from a virus or connection, availability or continuity problems, either in its website where the purchase is made or in any of the portals that appear or could appear as a hyperlink in the website.

It also disclaims any liability for possible damages caused by third parties and which are not attributable to DISTRIBUCIONS D´ART SURREALISTA.

With regard to the links or hyperlinks external to DISTRIBUCIONS D´ART SURREALISTA, with reference to those where the connection may appear, this will be on an informative basis. They are not under our control and we shall not be accountable for the information that they contain.

 

Validity of the contract.

If any of the clauses of these General Contract Conditions were considered null and void or inapplicable, this would not affect the remaining clauses, which would remain fully in force.

 

Governing law and jurisdiction.

The regulation of the Spanish legal system shall be applicable. Whenever provision is made in the regulation for the parties to submit to a jurisdiction, both parties expressly renounce any claim to another jurisdiction, and submit themselves to the Courts and Tribunals of Girona (Spain).