Terms & Conditions

1. GENERAL INFORMATION The ownership of this website http://www.atelierdars.com, (hereinafter the "Website") is held by Elna Solans Planas, with NIF: 27348417Z, and whose contact details are: Address: Av. Mare de Déu Montserrat, 56. 08022 Barcelona Contact email: hello@atelierdars.com This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Website (http://www.atelierdars.com) and the purchase or acquisition of products and/or services on it (hereinafter, the "Conditions"). For the purposes of these Conditions, it is understood that the activity carried out by D’ARS through the Website includes: Design, marketing and distribution of vintage-style clothing and accessories sustainably customized under the concept of circular economy. 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 Cookie Policy, and the Privacy and Data Protection Policy of D’ARS. By using this Website or by making and/or requesting the acquisition of a product and/or service through it, the User consents to be bound by these Conditions and all of the foregoing. If the User does not agree with all of the foregoing, the User 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, as those in force at the time the acquisition of products and/or services is requested will be applicable. For all questions that the User may have in relation to the Conditions, the User can contact the owner using the contact details provided above or, where applicable, using the contact form.
2. 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.

The User assumes responsibility for the correct use of the Website. This responsibility shall extend to: • Using this Website solely for legally valid queries, purchases or acquisitions. • Not making 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 may be informed. • Providing truthful and lawful contact details, such as email address, postal address, and/or other details (see Legal Notice and General Terms of Use). The User declares to be over 18 years of age and to have legal capacity to enter into contracts through this Website. The User may enter into the purchase and sale contract for the desired products and/or services with D’ARS in any of the languages in which these Conditions are available on this Website.

3. PURCHASE OR ACQUISITION PROCESS Properly registered Users may make purchases on the Website by the means and methods established. They must follow the online purchasing and/or acquisition process of http://www.atelierdars.com, during which various products and/or services may be selected and added to the cart, basket or final purchase space, and finally click on ""Checkout" / "Buy now"". Likewise, the User must fill in and/or verify the information requested at each step, although during the purchasing process, before making the payment, the purchase details can be modified. Subsequently, the User will receive an email confirming that D’ARS has received the order or purchase request and/or provision of the service, i.e., the order confirmation. And, if applicable, the User will also be informed by email when their purchase is being shipped. In this case, this information may also be made available to the User through their personal connection space on the Website. Once the purchase process is complete, the User consents to the Website generating an electronic invoice that will be sent to the User via email and, if desired, a paper copy of the invoice can be obtained by the User by contacting D’ARS through the contact spaces on the Website or via the contact details provided above. At the time of purchase, the User acknowledges being informed of certain specific sales conditions concerning the product and/or service in question, which are displayed alongside the presentation or, where applicable, image of the product on the Website. These conditions include, but are not limited to, the product name, price, components, weight, quantity, color, product details, or characteristics, how the services will be carried out and/or the cost of the services. The User acknowledges that placing the order for purchase or acquisition fully and completely signifies their acceptance of the specific sales conditions applicable to each case. Communications, purchase orders and payments involved in transactions carried out on the Website may be stored and kept in D’ARS's computer records to provide evidence of the transactions, always respecting reasonable security conditions and the laws and regulations in force that are applicable in this regard, and particularly in compliance with the 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 Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, and the rights that correspond to the Users in accordance with the privacy policy of this Website.

4. 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.

5. 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.

6. 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.

7. TECHNICAL MEANS TO CORRECT ERRORS The User is hereby informed that if they detect an error in the data necessary to process their purchase request on the Website, they may modify it by contacting D'ARS d'Ars through the contact spaces enabled on the Website, and, where applicable, through those enabled to contact customer service, and/or using the contact information provided in clause one (General Information). Additionally, this information may also be corrected by the User through their personal space on the Website. In any case, before clicking "Finalize purchase" / "Buy now", the User has access to the space, cart, or basket where their purchase requests are recorded and may make modifications. Likewise, the User is referred to consult the Legal Notice and General Conditions of Use, and in particular, the Privacy Policy, for more information on how to exercise their right to 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 (GDPR) and in Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights.

8. 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.

Warranties

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.

9. 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.
10. 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.