These terms and conditions of purchase (hereinafter the "General Conditions"), regulate the legal relationship arising from the purchase and sale processes carried out by you on the website located at the url www.auroravigil.com/shop. You accept the General Conditions from the moment you use or contract the service or purchase any product. This document can be printed and stored by you. Aurora Vigil-Escalera Art Gallery puts at your disposal, the e-mail address aurora@vigilescalera.gallery, so that you can ask any questions about the General Conditions.
1. PLACING YOUR ORDER.
1.1. In order to place an order you must be 18 years old and capable of contracting. You declare that the data and information you provide us with are true and up-to-date.
1.2. You can place your order through our online shop at www.auroravigil.com/shop, by email at aurora@vigilescalera.gallery or by calling (+34) 985.344.943. Orders arriving in a different form than those indicated above will not be accepted.
1.3. By placing your order you are making us an offer to purchase the products you have selected in accordance with these General Conditions.
1.4. Once your order has been accepted, we will send you a confirmation by e-mail which will also include the order number. The order confirmation will be effective as soon as it is sent. If we cannot process your order due to any incident, we will contact you by email or telephone.
1.5. To place an order through the Aurora Vigil-Escalera Art Gallery website, you need internet access to connect to www.auroravigil.com/shop. It is necessary to register as a user by filling in the electronic form when starting the purchase process. Once registered, you can continue with the purchase process of the product or products added to the cart or browse the website to add new products to it.
1.6. Once registered and having all the required products in the cart, the purchase is continued arriving at the selection screen of Payment Methods, Shipping Methods and Modification (if required) of the invoicing and/or shipping data.
1.7. Once the purchase has been made and as quickly as possible, within reasonable, Aurora Vigil-Escalera Galería de Arte will send customers an email with the order receipt containing a summary of the purchase, as well as payment information, if applicable, and shipping and billing details.
1.8. Aurora Vigil-Escalera Art Gallery will send a physical receipt to be received with the order. This receipt will be issued in the name of the individual or company that has placed the order, so customers should make sure that they place the order with the correct name. The product or products will be sent according to the shipping method selected by you.
2. DELIVERY OF YOUR ORDER.
2.1. We will supply you with the products selected in the confirmation of your order, in accordance with these General Conditions.
2.2. Orders are received twenty-four (24) hours a day, three hundred and sixty-five (365) days a year, although no orders placed after seventeen (17) hours will be processed until the following working day in the city of Gijón. Orders received during the weekend will be processed first thing the following Tuesday or first working day.
3. PRICES.
3.1. The price of the products includes the corresponding VAT and will be the one indicated in your order and/or invoice. The payment of the VAT will be charged to the customer.
3.2. VAT does not apply to the purchase of products destined for outside the European Union. Furthermore, intra-community acquisitions made by a company/professional will be exempt from VAT as long as the purchaser proves his professional status or his tax identification number in the European Economic Community's VIES system, which can be checked at: http://ec.europa.eu/taxation_customs/vies/vieshome.do?locale=es
3.3. The shipping costs, are charged to the customer, as indicated in your order and invoice.
3.4. In shipments to the Canary Islands, Ceuta and Melilla, the customer, upon receiving the product, will bear the cost of customs clearance, as well as payment of local tax, IGIC or similar.
3.5. For shipments to countries outside the European Union or with which the European Union does not have a customs abolition agreement, the customer shall bear the costs of customs clearance and other taxes that may be applicable upon receipt of the product.
4. PAYMENT OF YOUR ORDER(S).
4.1. You can pay for your products using the payment systems that appear in the payment methods section of our online shop.
4.2. We only accept payments in Euros.
4.3. If you pay by credit card, you must provide your credit card details when you place your order. We only accept payments with secure cards in which your identity as the card holder is authenticated according to the method established by your bank, through Banco Sabadell's Redsys secure e-commerce service.
4.4. If you pay by transfer/account deposit, Aurora Vigil-Escalera Art Gallery will contact you to provide you with the account number and make the payment request. Your order will be reserved but will not be sent until payment is received on our bank account. If payment is not received in full within seven (7) days of the date of your order, it may be cancelled. In any case, once you have made the payment by transfer or deposit in account, you must immediately send us proof of this payment and your order number to the following email address: aurora@vigilescalera.gallery. Sending the transfer receipt could speed up the process, but in no case would it serve to validate it or imply any reservation.
5. DELIVERY OF YOUR ORDER.
5.1. We will send your order to the delivery address given in your order form.
5.2. Orders are sent insured, with a policy covering the replacement value of the works purchased.
5.3. If you have ordered several products in the same order, we may deliver them on different dates.
5.4. Upon delivery of your order to the carrier, we will send you confirmation of shipment to the email address you provided when placing the order. In the shipment confirmation we will indicate the tracking number corresponding to your shipment so that you can track it through the carrier's website.
5.5. Orders will be processed within 24 hours, excluding Saturdays, Sundays, Mondays and public holidays of the Principality of Asturias.
5.6. The ownership and the risk of loss of the ordered products will be transferred to you upon delivery of the order.
5.7. In the case of shipments to the Canary Islands, Ceuta and Melilla, as well as other destinations where it is necessary to pass a customs control, the customs clearance costs, as well as the payment of the local tax, will always be paid by you. In the event that you reject the order at the time of delivery and it is returned to Aurora Vigil-Escalera Galeria de Arte by the transport company, the customs costs, local tax and shipping costs incurred, as well as bank charges, if any, will be deducted from the purchase refund.
6. SATISFACTION OR RETURN. RIGHT OF WITHDRAWAL.
6.1. If you are not satisfied with any of the products in your order, you may exercise your right of withdrawal and request a return, within a maximum period of fifteen (15) calendar days following receipt of the order, to obtain a refund of the amount of the product(s).
6.2. In order to exercise the option to return an order/work, you must send an email to aurora@vigilescalera.gallery, attaching the invoice number and the order number, and including your contact details, so that we can provide you with a return number and instructions on how to return the order/product.
6.3. You must return the products of the order in perfect condition, otherwise the return will not be allowed. In addition, the transport of the returned order must be done in the same conditions as the delivery, and you are obliged to take out an insurance policy that covers the replacement value of the returned work. The cost of the return is to be paid by the customer.
6.4. If the order is returned, the amount paid for the purchased work will be refunded, but excluding the shipping costs paid at the time.
6.5. In the case of returns from the Canary Islands, Ceuta and Melilla, and other destinations where a customs check has to be carried out, the return shipping costs, as well as the costs of customs clearance and local taxes, if any, will always be paid by the customer.
6.6. Without affecting the right of withdrawal of consumers or the responsibility of the guarantee for defective products, the total responsibility of Aurora Vigil-Escalera Galería de Arte for the merchandise supplied would be limited to its price.
6.7. Deterioration attributable to the customer, such as failure to take adequate conservation measures for the work, exposure to light, water or other elements, the influence of environmental and climatic conditions, improper use of the work and other similar factors, shall not be considered defects of origin.
6.8. When the merchandise, by mistake, does not correspond to that of the order, Aurora Vigil-Escalera Galería de Arte will run with the expenses of pickup of the mistaken merchandise and delivery of the corresponding one to that of the order made.
6.9. In case the order is a gift, Aurora Vigil-Escalera Galería de Arte will exchange or refund the product if the return meets the conditions described in the previous and following paragraphs.
6.10. Orders with pickup from store and direct purchases at the pickup point have a withdrawal period (return and/or exchange) of fifteen (15) calendar days from the date of delivery.
6.11. In the event of a refund, the amounts paid will be reimbursed through the means of payment used in the purchase.
6.12. Aurora Vigil-Escalera Galeria de Arte will not refund the amount or make any return of goods until it has verified the receipt and condition of packaging and the product being returned. The amount to be returned is the one that originally appeared in the order, excluding the shipping costs of the first shipment.
7. CONTACT WITH AURORA VIGIL-ESCALERA ART GALLERY AND RECTIFICATION OF PROBLEMS AND ERRORS
You can contact us through:
- By post to Aurora Vigil-Escalera Galería de Arte, C/ Capua, 29 Bajo (Gijón Asturias - Spain).
- By e-mail to aurora@vigilescalera.gallery
- By phone, calling (+34) 985.344.943
When contacting us about an order you have placed, you must indicate your order number.
8. CONTENT AND INFORMATION PROVIDED ON OUR WEBSITE.
8.1. Aurora Vigil-Galería de Arte reserves the right to modify the commercial offer presented in the web www.auroravigil.com/shop (modification on products, prices, promotions and other commercial and service conditions) at any time.
8.2. Aurora Vigil-Galería de Arte provides you with all the reasonable means to try to make sure that the information shown on its website is true and free of typographical errors. If any error of this type were to occur, at all times beyond the control of Aurora Vigil-Galería de Arte, it would be corrected immediately, as soon as it was detected. If the error occurs in any of the prices shown and a customer has made a purchase, we will inform him/her of the error and the customer or user will have the right to cancel his/her order without cost. Sending an automatic purchase confirmation does not validate the conditions of a wrong price.
8.3. The information presented on this website is in Spanish and English, including the formalization of the contract and all contractual information displayed and sent to consumers or users. In case of discrepancy between the two versions, the Spanish version will prevail.
9. DATA PROTECTION.
By placing an order you agree that we may store, process and use data obtained from your order form for the purpose of processing your order. By providing your e-mail address or other personal data, which is necessary for processing your order, Aurora Vigil-Galería de Arte provides you with the e-mail address aurora@vigilescalera.gallery, so that you can revoke the consent given.
Aurora Vigil-Galería de Arte declares that it complies with the current regulations regarding data protection, in particular with the Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights; as well as the Regulation (EU) 2016/679 of the European Parliament and Council, of April 27, 2016, regarding the protection of individuals with regard to the processing of their personal data and the free circulation of such data (General Data Protection Regulation, GDPR). Aurora Vigil-Galería de Arte makes available to customers, the email address aurora@vigilescalera.gallery, so that they can exercise their rights of access, rectification, cancellation and opposition guaranteed by current legislation. For more information about the privacy policy, please check our Privacy Policy link.
10. FORCE MAJEURE.
We will do our best to fulfil the obligations arising from your order. However, we will not be liable for delays or non-performance if the delay or non-performance is due to Force Majeure. In the event of delay, we will fulfil our obligations as soon as reasonably possible.
11. APPLICABLE LAW AND COMPETENT JURISDICTION.
Any dispute arising from the interpretation or execution of the contract shall be interpreted on the basis of Spanish law. Likewise, for the resolution of any controversy, the parties, expressly renouncing any other jurisdiction that may correspond to them, submit themselves to the Courts and Tribunals of Gijón (Asturias), except in the event that the user acts as a consumer, in which case the competent courts will be those corresponding to the user's domicile.
12. NULLITY AND INEFFECTIVENESS OF THE CLAUSES
If any clause included in these General Conditions were to be declared, totally or partially, null and void or ineffective, such nullity or ineffectiveness would affect only that provision or the part of it that is null and void or ineffective, with the General Conditions remaining in full force and effect, and such provision, or the part of it that is affected, would be deemed not to have been made.