Terms and conditions of sale
General information
S.L. (hereinafter the Company), with NIF: B88473905, and whose contact details are:
- Address: C/ Velázquez 70, 3º izqda.
- Contact telephone: 607868086
- Contact email: info@tecniart.es
This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Website and the purchase or acquisition of products and/or services on it (hereinafter, Conditions). For the purposes of these Conditions, it is understood that the activity carried out through the Web Site includes:
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 and data protection policy, By using this Website or by making and/or requesting the acquisition of a product and/or service through the same the User consents to be bound by these
Conditions and by all of the above, so if you do not agree with all of the above, you should not use this Website.
Likewise, it is informed that these Conditions may be modified. The User is responsible for consulting them each time he/she accesses, navigates and/or uses the Website, since those in force at the time the purchase of products and/or services is requested will be applicable.
For all questions that the User may have regarding the Conditions, he/she may contact the owner using the contact details provided above or, if applicable, using the contact form.
2. The user
The access, navigation and use of the Web Site, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), so you accept, from the moment you start browsing the Web Site, all the Conditions set forth herein, as well as its subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance
as appropriate.
The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:
- Use this Web Site only to make legally valid inquiries and purchases or acquisitions.
- Do not make any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities will be informed.
- Provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other data (see Legal Notice and General Conditions of Use).
The User declares to be over 18 years of age and to have legal capacity to enter into contracts through this Web Site.
The Web Site is intended primarily for Users residing in Spain. does not ensure that the Web Site complies with the laws of other countries, either in whole or in part. disclaims any liability that may arise from such access, nor does it ensure shipments or provision of services outside Spain.
The User will be able to formalize, at his choice, with the contract of sale of the products and/or services desired in any of the languages in which the present Conditions are available in this Web Site.
3. Purchase or acquisition process
Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.
Subsequently, the User will receive an email confirming receipt of his order or request for purchase and/or provision of the service, i.e., confirmation of the order. And, if applicable, you will also be informed by e-mail when your purchase is being shipped.
Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice that will be sent to the User by e-mail. Likewise, the User may, if he/she so wishes, obtain a paper copy of his/her invoice by requesting it using the contact spaces 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 that concern the product and/or service in question and that are shown next to the presentation or, where appropriate, image of it on its page on the Website, indicating, by way of example, but not exhaustive, and on a case-by-case basis: name, price, components, weight, quantity, color, details of the products, or characteristics, way in which they will be carried out and/or cost of the services; and acknowledges that the placement of the purchase order or acquisition materializes the full and complete acceptance of the particular conditions of sale applicable to each case.
The communications, purchase orders and payments involved during the transactions carried out on the Website may be archived and kept in the computerized records of in order to constitute a means of proof of the transactions, in any case respecting the reasonable conditions of security and the applicable laws and regulations in force in this regard, and articularly in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and the Law
Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, and to the rights that assist Users in accordance with the privacy policy of this Website.
4. Availability
provision of the services.
In the event of difficulties in the supply of products or if there are no products in stock, it undertakes to contact the User and reimburse any amount that may have been paid as a fee. This shall also apply in cases where the provision of a service becomes unfeasible.
5. Prices and payment
Shipping costs are included in the final prices of the products as shown on the Website. Thus, it performs the delivery and/or shipping services through: Transportes Callizo(see price table).
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 any 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, or bank transfer.
Credit cards will be subject to checks and authorizations by the issuing bank. If the issuing bank does not authorize payment, it will not be liable for any delay or non-delivery and will not be able to enter into any contract with the User.
Upon receipt of the purchase order by the User through the Website, a pre-authorization will be made on the appropriate card to ensure that there are sufficient funds to complete the transaction. The card will be charged at the time
when the User is sent confirmation of shipment and/or confirmation of the service being provided in the manner and, where appropriate, place established.
In any case, by clicking on “” the User confirms that the payment method used is theirs.
6. Delivery
selected by the User.
If for any reason, for which it is responsible, the Company cannot meet the delivery date, it will contact the User to inform him/her of this circumstance and the User may choose to proceed 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.
If it is impossible to deliver the order due to the User’s absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is 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, he/she should contact the Company 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 the Company, it shall be understood that the User wishes to withdraw from the contract and the contract shall be deemed to be terminated. As a consequence of the termination of the contract, all payments received from the User will be refunded, except for the additional costs resulting from the User’s own choice of a delivery method other than the least expensive ordinary delivery method offered by the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is deemed to be terminated.
However, 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 evidenced 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 upon receipt of full payment of all amounts due in connection with 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.
In accordance with the provisions of Law 37/1992 of 28 December 1992 on Value Added Tax (VAT), purchase orders for delivery and/or provision shall be deemed to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate shall be that legally in force at any given time depending on the specific item in question.
7. Technical means to correct errors
In any case, the User, before clicking on “”, has access to the space, cart, or basket where his purchase requests are recorded and can make modifications.
Similarly, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to obtain more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (RGPD) and in Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights.
8. Returns
Right of Withdrawal
The User, as a consumer and user, makes a purchase on the Website and therefore has the right to cancel the purchase within 14 calendar days without justification. Since most products are made according to measurements specified by the User, in this case, no returns will be accepted given the “custom-made” nature of the product. In the case of products not made to measure the User will have that right.
This withdrawal period shall expire 14 calendar days from the day on which the User or a third party authorized by the User, other than the carrier, acquired the material possession of the goods purchased on the Website or in the event that the goods making up his order are delivered separately, 14 calendar days from the day on which the User or a third party authorized by the User, other than the carrier, acquired the material possession of the last such goods comprising the same purchase order, or in the case of a contract for services, 14 calendar days from the day of the conclusion of the contract.
To exercise this right of withdrawal, the User must notify the Company of his decision. It may do so, where appropriate, through the contact spaces provided on the Website.
The User, regardless of the means he chooses to communicate his decision, must express clearly and unequivocally that it is his intention to withdraw from the purchase contract.
In order to comply with the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the expiry of the withdrawal period.
In case of withdrawal, the Company will reimburse the User all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without undue delay and, in any case, no later than 14 calendar days from the date on which it is informed of the decision to withdraw by the User.
The Company will reimburse the User using the same payment method used by the User to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, it may withhold such reimbursement until it has received the products or items of the purchase, or until the User provides proof of their return, depending on which condition is met first.
The User may return or send the products to at:
And it shall do so without undue delay and in any event not later than 14 calendar days from the date on which it was informed of the withdrawal decision.
The User acknowledges knowing that he/she shall bear the direct cost of return (transport, delivery) of the goods, should any be incurred. In addition, he/she shall be liable for any diminished value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.
The User acknowledges that there are exceptions to the right of withdrawal, as stated in Article 103 of Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalized products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed at the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery; supply of digital content without physical support.
The same applies to the provision of a service that the User may contract on this Website, since this same Law establishes that the right of withdrawal shall not apply to 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 recognition on his part that he is aware that, once the contract has been fully executed by the Company, he will have lost his right of withdrawal.
In any case, no refund will be made if the product has been used beyond the mere opening of the product, of products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.
Likewise, the products must be returned using or including all their original packaging, instructions and other documents that may accompany them, as well as a copy of the purchase invoice.
In the following link you can download the model withdrawal form:
Return of defective products or shipment error
These are all those cases in which the User considers that, at the time of delivery, the product does not conform to what was stipulated in the contract or purchase order, and should therefore contact the Company immediately and let it know the existing non-conformity (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 products, and these, once returned, will be examined and the User will be informed, within a reasonable period of time, whether to proceed with the refund or, if applicable, 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 e-mail confirming the refund or replacement of the non-conforming item.
The amount paid for those products that are returned because of a defect, when it actually exists, will be refunded in full, including delivery charges and costs incurred by the User 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 recognized in the legislation in force at any time for the User, as a consumer and user, shall always apply.
Warranties
The User, as a consumer and user, enjoys guarantees on the products that can be purchased through this Web Site, in the terms legally established for each type of product, responding, therefore, for the lack of conformity of the same that is manifested in a period of three years from the delivery of the product.
In this sense, it is understood that the products are in conformity with the contract provided that: they conform to the description made by and possess the qualities presented therein; they are suitable for the uses to which products of the same type are ordinarily intended; and they present the usual quality and performance of a product of the same type and which are fundamentally to be expected of the same. 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 shipment. However, some of the products that are marketed on the Website, may present non-homogeneous characteristics as long as these derive from the type of material with which they have been manufactured, and therefore will be part of the individual appearance of the product, and will not be an effect.
On the other hand, it could be the case that the User acquires on the Website a product of a brand or manufactured by a third party. In this case, and considering the User that it is a defective product, the User also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise its legal warranty rights directly against them during the three years following the delivery of such products. In order to do so, the User must have kept all the information regarding the warranty of the products.
9. Exemption from liability
Unless otherwise provided by law, the Company accepts no liability for the following losses, regardless of their origin:
- any losses that were not attributable to any breach on its part;
- business losses (including loss of business profits, revenues, contracts, anticipated savings, data, goodwill or unnecessary expenses incurred); or
- any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of the products was concluded between them.
Likewise, the Company also limits its liability in the following cases:
- applies all measures concerning to provide a faithful visualization of the product on the Web Site, however it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser being used or others of this nature.
- will act with the maximum diligence in order to make available to the company in charge of the transport of the product object of the purchase order. However, it is not responsible for damages arising from a malfunction of the transport, especially for causes such as strikes, road delays, and in general any other typical of the sector, resulting in delays, loss or theft of the product.
- Technical failures that for fortuitous or other reasons, prevent normal operation of the service through the Internet. Lack of availability of the Web Site for maintenance or other reasons, which prevents the availability of the service. puts all the means at its disposal in order to carry out the process of purchase, payment and shipping / delivery of products, however disclaims liability for causes that are not attributable to him, fortuitous event or force majeure.
- shall not be liable for misuse and/or wear and tear of the products that have been used by the User. At the same time, it 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, it shall not be liable for any failure or delay in the performance of any of the obligations assumed, when the same is due to events beyond its reasonable control, i.e., due to force majeure, and this may include, but is not limited to:
- Strikes, lockouts or other industrial action.
- Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
- Impossibility of using trains, ships, airplanes, motor transport or other means of transportation, public or private.
- Inability to use 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 for the period during which the force majeure continues, and you will have an extension of the deadline to fulfill them for a period of time equal to the duration of the force majeure. will use all reasonable means to find a solution that will allow you to fulfill your obligations despite the force majeure.
10. Written communications and notifications
For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notices, information and other communications sent electronically comply with the legal requirements of being in writing. This condition shall not affect the rights recognized by law to the User.
The User may send notifications and/or communicate with through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.
Likewise, unless otherwise stipulated, the Company may contact and/or notify
to the User by e-mail or at the postal address provided. Likewise, in the
cases in which it is required, the Company may contact the User by telephone at
.
11. Disclaimer
No waiver by the Company of any of these Terms or of any rights or remedies arising under any contract shall be effective unless it is expressly stated to be a waiver and is formalized and communicated to the User in writing.
12. Nullity
13. Complete agreement
The User and the Company 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 as expressly mentioned in these Conditions.
14. Data Protection
15. Applicable Law and Jurisdiction
Any controversy, problem or disagreement arising from or related to the access, navigation and/or use of the Web Site, or to the interpretation and execution of these Conditions, or to the sales contracts between and User, shall be submitted to the exclusive jurisdiction of the Spanish courts and tribunals.
16. Complaints and claims
In addition, official complaint forms are available to consumers and users, which they can request at any time, using the contact details provided at the beginning of these Conditions (General Information).
Furthermore, if a dispute arises from the conclusion of this purchase contract between the Company and the User, the User as a consumer may request out-of-court dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method through the following website: https://ec.europa.eu/consumers/odr/.
