Terms & Conditions
- THE USER Access, browsing, and use of the Website confer the status of user (hereinafter referred to, indistinctly, individually as "User" or collectively as "Users"), so that all the Conditions set forth herein, 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 legally mandatory regulations, as the case may be.
AVAILABILITY All purchase orders received by D'ARS through the Website are subject to the availability of the products and/or the absence of any circumstances or force majeure (clause nine of these Conditions) affecting the supply of the same and/or the provision of the services. If there are difficulties regarding the supply of products or if there are no products in stock, D'ARS undertakes to contact the User and refund any amount that may have been paid. This will also apply in cases where the provision of a service becomes impossible.
PRICES AND PAYMENT The prices displayed on the Website are final, in Euros (€), and include taxes, unless legally required, especially with regard to VAT, otherwise specified and applied. Shipping costs are included in the final prices of the products as shown on the Website. Thus, D'ARS carries out delivery and/or shipping services through: Correos/UPS/MRW/SEUR or similar. Under no circumstances will the Website add additional costs to the price of a product or service automatically, 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 with respect to which the User has already received a confirmation of the order. The accepted payment methods will be: Credit or debit card, PayPal, and Bank transfer. D'ARS uses all means to guarantee the confidentiality and security of payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure SSL (Secure Socket Layer) payment system. Credit cards will be subject to checks and authorizations by the issuing bank, if such an entity does not authorize payment, D'ARS will not be responsible for any delay or failure to deliver and cannot formalize any contract with the User. Once D'ARS 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 the User is sent the shipping confirmation and/or confirmation of the service provided in the established form and, if applicable, place. If the payment method is PayPal, the charge will be made at the time D'ARS sends a confirmation of the purchase order or acquisition of products and/or services to the User. In any case, by clicking on ""Finalize purchase" / "Buy now"", the User confirms that the payment method used is theirs. Purchase orders in which the User selects bank transfer as the payment method will be reserved for 5 natural days from the confirmation of the order to allow enough time for the bank transfer to be taken into account by the payment system used by D'ARS for the Website. When the system receives the transfer, the order will be prepared and managed for shipping. With this payment method, the User must ensure that they enter the exact amount of the purchase order, as well as the account number and the reference of the transfer correctly. In case of error, D'ARS will not be able to validate the order, which will be canceled.
DELIVERY In cases where physical delivery of the contracted good is to be made, deliveries will be made in the following territory: Worldwide Except in cases where there are unforeseen or extraordinary circumstances or, where applicable, derived from the customization of the products, the purchase order consisting of the products related 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 natural days from the date of the purchase confirmation. If, for any reason, that is attributable to them, D'ARS cannot meet the delivery date, they will contact the User to inform.
RETURNS In cases where the User acquires products on or through the Website of the owner, they have a number 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 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 the User or a third party authorized by them, other than the carrier, acquired physical possession of the goods purchased on the D'ARS Website, or in the event that the goods that make up their order are delivered separately, 14 calendar days from the day the User or a third party authorized by them, other than the carrier, acquired physical possession of the last of those goods that made up the same purchase order, or in the case of a service contract, 14 calendar days from the day the contract was concluded. To exercise this right of withdrawal, the User must notify their decision to D'ARS. They may do so, where applicable, through the contact spaces enabled on the Website. The User, regardless of the means chosen to communicate their decision, must express in a clear and unequivocal manner their intention to withdraw from the purchase contract. In any case, the User may use the withdrawal form model that D'ARS makes available to them as an annex to these Conditions, although its use is not mandatory. To comply with the withdrawal period, it is sufficient for the communication that unequivocally expresses the decision to withdraw to be sent before the corresponding deadline expires. In the event of withdrawal, D'ARS will reimburse the User for 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 offered on the Website) without undue delay and, in any case, no later than 14 calendar days from the date on which D'ARS is informed of the decision to withdraw by the User. Atelier d'Ars will reimburse the User using the same means of payment that they used for the initial purchase transaction. This reimbursement will not generate any additional costs for the User. However, D'ARS may withhold the refund until the products or items from the purchase are received, or until the User provides proof of their return, whichever condition is met first. The User may return or send the products to D'ARS at: Av. Mare de Déu Montserrat.
The User, as a consumer and user, has warranties on the products they may purchase through this Website, under the legally established terms for each type of product. Therefore, D’ARS will be responsible for the lack of conformity of the products 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 conformity with the contract as long as they comply with the description made by D’ARS and have the qualities presented in it; are suitable for the uses to which products of the same type are ordinarily destined; and present the usual quality and performance of a product of the same type that can be fundamentally expected from it. When this is not the case with 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 marketed on the Website may present non-homogeneous characteristics as long as they are derived from the type of material with which they are manufactured, and therefore will be part of the individual appearance of the product and not a defect.
On the other hand, it may occur that the User purchases on the Website a product of a brand or manufactured by a third party. In this case, and considering that the User is dealing with a defective product, they also have the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise their legal warranty directly against them for two years following the delivery of such products. To do this, the User must have retained all the information relating to the warranty of the products.
- DISCLAIMER OF LIABILITY Unless otherwise provided by law, D'ARS shall not accept any liability for the following losses, regardless of their origin: • any losses not attributable to any breach on its part; • business losses (including loss of profits, income, contracts, anticipated savings, data, loss of 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 between both parties was formalized. Likewise, D'ARS also limits its liability in the following cases: • D'ARS applies all measures concerning providing an accurate display of the product on the Website, but shall not be liable for minimal differences or inaccuracies that may exist due to lack of screen resolution, browser problems or other similar issues. • D'ARS shall act with utmost diligence to make the product object of the purchase order available to the transport company. However, it shall not be liable for damages resulting from any malfunction of the transport, especially due to causes such as strikes, roadblocks, and in general any others specific to the sector, which result in delays, losses or theft of the product. • Technical failures due to fortuitous or other causes that prevent normal operation of the service over the internet. Unavailability of the Website due to maintenance or other reasons, preventing access to the service. D'ARS makes every effort at its disposal to carry out the purchase, payment, and shipping/delivery process of the products, however, it shall be exempt from liability for causes that are not attributable to it, fortuitous event or force majeure. • D'ARS shall not be responsible for the misuse and/or wear and tear of the products that have been used by the User. At the same time, D'ARS shall not be responsible for any erroneous return made by the User. It is the User's responsibility to return the correct product. • In general, D'ARS shall not be responsible for any breach or delay in the performance of any of the obligations assumed, when it is due to events beyond its reasonable control, i.e., due to force majeure, and this may include, in an exemplary but not exhaustive manner: o Strikes, lockouts, or other labor disputes. o Civil unrest, riot, invasion, threat or terrorist attack, war (declared or not) or threat or preparation for war. o Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster. o Inability to use trains, ships, aircraft, motor transport, or other means of public or private transport. o Inability to use public or private telecommunications systems. o Acts, decrees, legislation, regulations, or restrictions of any government or public authority. In this way, the obligations shall be suspended during the period in which the force majeure event continues, and D'ARS shall have an extension in the deadline to fulfill them for a period of time equal to the duration of the force majeure event. D'ARS shall make every reasonable effort to find a solution that allows it to fulfill its obligations despite the force majeure event.
- WRITTEN COMMUNICATIONS AND NOTIFICATIONS By using this Website, the User accepts that most of the communications with D'ARS shall be electronic (via email or notices posted on the Website). For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notices, information, and other communications that D'ARS sends 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 D'ARS through the contact details provided in these Conditions and, where applicable.
- WAIVER No waiver by D’ARS of any specific legal right or action or failure to enforce strict compliance by the User with any of its obligations shall be deemed to be a waiver of any other rights or actions arising from a contract or these Terms, nor shall it relieve the User from compliance with its obligations. No waiver by D’ARS of any of these Terms or of any rights or actions arising from a contract shall be effective unless it is expressly stated to be a waiver and is formalized and communicated to the User in writing.
- INVALIDITY If any of these Terms are declared null and void by a final resolution issued by a competent authority, the remaining clauses shall remain in force, without being affected by such declaration of nullity.
- ENTIRE AGREEMENT These Terms and any document referred to herein constitute the entire agreement between the User and D’ARS in relation to the subject matter of the sale and supersede any other agreement, arrangement or promise previously made orally or in writing between the parties. The User and D’ARS acknowledge that they have entered into a contract without relying on any statement or promise made by the other party except as expressly set out in these Terms.
- APPLICABLE LAW AND JURISDICTION Access, browsing and/or use of this Website and contracts for the purchase of products through it shall be governed by Spanish law. Any dispute, issue or disagreement arising from or related to access, browsing and/or use of the Website, or the interpretation and execution of these Terms, or contracts of sale between D’ARS and the User, shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.
- COMPLAINTS AND CLAIMS The User may submit their complaints, claims or any other comments they wish to make to D’ARS through the contact details provided at the beginning of these Terms (General Information). In addition, D’ARS has official complaint forms available to consumers and users, which they may request from D’ARS at any time using the contact details provided at the beginning of these Terms (General Information). Likewise, if a dispute arises from the purchase contract between D’ARS and the User, the User as a consumer may request an out-of-court resolution of the dispute in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC. You can access this method through the following website: https://ec.europa.eu/consumers/odr/.