General conditions for purchasing products

GENERAL CONDITIONS FOR PURCHASING PRODUCTS FROM THE EMPREMTES DE CATALUNYA CATALOGUE

1. OBJECT

These General Conditions for Purchasing Products from the Empremtes de Catalunya catalogue (hereinafter, the General Conditions) regulate the agreement between the CLIENT and SANTIAGO MARTÍN SUBIRATS, as the party responsible for the online shop that sells the products in the Empremtes de Catalunya offered on the website.

THE VENDOR:

SANTIAGO MARTÍN SUBIRATS

ID NUMBER: 36.941.617-Y

Carrer Banys Nous, número 11

EMAIL: bcncrafts@bcncrafts.com

The online shop is made available to CLIENTS in order to promote and incentivise Catalan artisan crafts. The use and operation of the online shop was awarded in tender process to Mr. SANTIAGO MARTÍN SUBIRATS.

The CCAM simply provides a space for transactions between buyers and sellers. Therefore, the contract that is generated once a product is purchased from an external vendor involves only the buyer and the seller of the product. The CCAM is not part of the contract, assumes no responsibility for it and is not the vendor’s representative. The vendor (concession holder) is responsible for selling the products and for providing assistance to buyers who have complaints or any other matter related to the contract between buyer and seller.

These General Conditions are supplemented by the Terms of Use of the Website, the Privacy Policy and, where applicable, the particular conditions of each product and any other legal notice on the website.

The CLIENT should therefore read these documents carefully prior to making a purchase.

The CLIENT may download, store, reproduce and print a copy of these General Conditions, the Terms of Use of the website, the Privacy Policy and the particular conditions of the products offered on this website.

In the event of a discrepancy between the different documents, these General Conditions and the particular conditions of the product acquired by the CLIENT will prevail.

 

 

 

2. PURCHASING PROCEDURE

2.1 General Information

To purchase a product offered on the website, the CLIENT must complete the purchase request form that appears in the “Shop” section of the website and press “Send”. The purchase request form can be completed by the CLIENT in any of the languages supported by the website.

Before the order is submitted, the text of the General Conditions and the Privacy Policy will appear on screen and they must be accepted by the CLIENT by clicking “Accept”.

By accepting these General Conditions, the CLIENT is also accepting the Terms of the Use of the website, the Privacy Policy and the particular conditions of each product.

Once the order is placed, a purchase agreement is generated for the product chosen by the CLIENT. The CLIENT then receives confirmation of the purchase and all of the terms and conditions by email. The CLIENT should check the confirmation to ensure that all of the information is correct.

To make corrections to a purchase agreement, the CLIENT must send an email to bcncrafts@bcncrafts.com within twenty-four (24) hours, indicating any errors detected and the corrections that need to be made.

The CLIENT will receive confirmation of the corrections made to the agreement.

The CLIENT is informed by BCNCRAFTS.COM that the electronic records contained the electronic purchase agreement will be kept on file.

THE PURCHASING PROCESS

1. There are several steps in the purchasing process: Once the CLIENT decides to purchase a product, he or she clicks on the shopping cart icon on the product description page to add the product to the virtual shopping cart.

2. The number of products in the virtual shopping cart can be changed or removed. If the CLIENT has a discount code it should be entered on this page.

3. Once the CLIENT is finished shopping, he or she proceeds to checkout and payment.

4. On the checkout screen, the CLIENT can register as a new user, sign into an existing account or complete the transaction as a guest.

5. If a new account is created, the CLIENT must necessarily identify himself by completing all required fields: name, email address, password, password confirmation, billing address and shipping address, if different than the mailing address. The user must also accept the terms and conditions.

6. If the CLIENT proceeds with the purchase as a guest, the system will ask for name, email address, billing address and shipping address, if different than billing address.

7. If the CLIENT signs into an existing account, the CLIENT may choose a billing address already saved in the system or enter a new billing and shipping address.

8. Once the billing and shipping addresses have been added by choosing one of the three options described above, the CLIENT must choose the shipping method. The available shipping methods may vary depending on the contents of the order, the shipping and/or billing address or other aspects.

9. Once the shipping method is chosen, the CLIENT must choose the form of payment and accept the terms and conditions. The forms of payment available may vary depending on the contents of the order, the shipping and/or billing address or other aspects.

10. Once the payment method is chosen and the terms and conditions are accepted, a summary of the order appears for the CLIENT to review. If everything is in order, the CLIENT must confirm the order. Depending on the form of payment chosen, the system may redirect the CLIENT to an external payment gateway (where the CLIENT will make the payment following each gateway’s instructions) or process the order directly and redirect the CLIENT to the completed order screen.

 

2.2 Prices, Charges and Form of Payment

It is not necessary to complete a registration form in order to view the information and the services offered by BCNCRAFTS.COM.

However, CLIENTS must confirm that they are older than 14 years of age and that all of the information they provide, particularly their personal information, is accurate and true and that they will modify it as necessary if any of the information changes.

The prices of the products are shown in euros, including tax but excluding shipping charges, which will appear once the order is confirmed. The vendor reserves the right to change the prices at any time, although all purchases will be invoiced at the prices in effect when the order is placed.

The prices of the products are those shown on the website, barring any obvious errors. If an error is discovered in the price of a product ordered by a client, the vendor will inform the CLIENT as soon as possible and will refund the total amount of the order. The order may then be placed again at the correct price. If the CLIENT cannot be contacted, the order will be cancelled and the CLIENT will be reimbursed for the full amount paid. The vendor is not obligated to honour any product order with incorrect prices (even when an order confirmation has been sent) if the error in the price is obvious and unequivocal and the CLIENT could have seen that the price was incorrect.

The products and prices offered are valid as long as they are displayed on the website and while stocks last.

If a product is not available when an order is placed, the CLIENT will be notified by email or by telephone of the partial delivery of the order or cancellation of the order. The CLIENT will receive a refund of the full or partial amount of the order within 14 days of placing the order.

 

Form of payment:

Payment can be made by debit/credit card, PayPal or bank transfer.

The following credit cards are accepted: VISA and MasterCard.

The transactions are processed confidentially with SSL (Secure Socket Layer) encryption and the system never stores information that could match the form of payments with individual cardholders.

2.3 Delivery

The products purchased by the CLIENT will be delivered no later than (30) days of placing the online order.In the case that the product is specifically indicated that it is ADVANCE ORDER, the period of delivery may vary between seven (7) and sixty (60) days, since these products require a time of accomplishment by the artisan from his order.

The products are delivered to the delivery address indicated by the user. The vendor is not liable for the inability to deliver products or services due to the fact that the information provided by the user is false, inaccurate or incomplete or if the delivery cannot be completed for reasons beyond the control of the delivery company, such as the absence of the addressee.

The above notwithstanding, the vendor must take all of the reasonable measures that can be expected of a diligent merchant to ensure that the delivery is made on time or at least as soon as possible, to the satisfaction of both the sender and the recipient and the vendor assumes no liability in this regard.

2.4. Cancellations and returns

By law, the CLIENT has the right to withdraw from the purchase agreement, paying the cost of returning the product(s).

The CLIENT has fourteen (14) calendar days to notify the vendor of the cancellation by sending an email to bcncrafts@bcncrafts.com.

The product must be returned by the CLIENT in the original, unopened packaging and in the same condition in which it was delivered.

Payment for the products will be refunded within thirty (30) calendar days of the cancellation notice. The refund will be credited to the same bank account or credit/debit card used by the CLIENT to pay for the order.

The CLIENT is responsible for the shipping charges when an order is cancelled and the product must be returned. Once the product is returned, the full amount of the purchase price will be refunded. The return shipping fees will only be paid by the vendor in those cases where the vendor has made a mistake. Under the law, there are certain cases when the CLIENT is not entitled to return a product, especially personalised products that have been custom-made for the client or those which, due to their nature, cannot be returned or which can deteriorate or expire rapidly.

3. WARRANTIES

The vendor warrants the quality of the products and must comply with the laws governing warranties.

If the CLIENT is not satisfied with the products purchased on this website or if the vendor does not fulfil its obligations under the law, these General Conditions and/or any other legal requirement stated on the website, the CLIENT may address complaints and/or claims to the vendor at carrer Banys Nous, 11 in Barcelona (08002). The CLIENT may also file complaints and/or claims may by sending an email to the vendor at bcncrafts@bcncrafts.com.

Complaint forms may be obtained by the CLIENT at carrer Banys Nous, 11 in Barcelona (08002) or downloaded from the following website: http://www.consum.cat/doc/doc623421952.pdf

4. PROTECTION OF PERSONAL DATA

The Trade, Craft and Fashion Consortium of Catalunya (CCAM) and SANTIAGO MARTÍN SUBIRATS, as the parties responsible for processing the information, will adhere to the following personal data protection policy when processing personal data:

Pursuant to the terms of article 5 of Law 15/1999 of 13 December on the protection of personal data, it is hereby noted that the CLIENTS’ personal data will be processed automatically and incorporated into the file named “ECONOMIC MANAGEMENT” managed by the Trade, Craft and Fashion Consortium of Catalunya in order to enable them to access and use the website and to process purchases.

Under the laws in force, this file is registered with the Data Protection Registry.

Pursuant to the terms of article 6 et al. of the aforementioned law, CLIENTS may at any time exercise their right to access, rectify, cancel and oppose the processing of their personal data. These rights may be exercised by the CLIENTS or their representatives by sending an email request to ccam@gencat.cat or a signed letter addressed to the Director of CCAM. All requests must contain the following information: the CLIENT’s name, postal address, photocopy of ID card or passport and the nature of the request. If the CLIENT is represented by someone else, the representative’s powers must be contained in an official document. The CCAM undertakes to uphold its obligation to maintain the secrecy of all personal data in its files and to implement the measures needed to prevent the data from being altered, lost, processed or accessed by unauthorised persons, in compliance with the terms of the Regulations in development of Law 15/1999 of 13 December on the protection of personal data enacted by Royal Decree 1720/2007 of 21 December. The CCAM undertakes not to disclose any personal data unless ordered to do so by the competent judicial or administrative authorities in the performance of their official duties. In doing so, CCAM will always adhere to the applicable legal standards and procedures.

5. APPLICABLE LAW AND JURISDICTION

These General Conditions and any other contractual text on this website are governed by the applicable Spanish and Catalan laws.

Conflicts, complaints and disputes between the parties in relation to the execution of the contracts regulated in these General Conditions, as long as one party is a consumer and/or user and/or the contract gives rise to legal consumer relationship, must be settled by the Consumer Arbitration System if the consumer or user makes a request to the Consumer Arbitration Board.

Otherwise, conflicts, complaints and disputes will be settled by the courts in the CLIENT’s judicial district as long as the CLIENT lives in Spain. If the CLIENT does not live in Spain or is a company that is not considered a CLIENT and/or consumer under the laws in force, the parties expressly agreed to be bound by the courts of Barcelona (Spain).

6. REGISTRATION OF GENERAL CONDITIONS

These General Conditions are on file in the Registry of General Contractual Conditions for Mo