Terms of service
The ownership of this website www.tauloart.com, (hereinafter Website) is held by: Susanna Alenyà Simonet, with NIF: 78214331W, and whose contact details are:
Address: Av. de la playa 9, 07400 Alcudia
This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Website (www.tauloart.com) and the purchase or acquisition of products and / or services in it (hereinafter, Conditions).
For the purposes of these Conditions it is understood that the activity that Tauló Art develops through the Website includes:
Production and marketing of wooden iPhone cases.
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 of Tauló Art. By using this Website or by making and/or requesting the purchase of a product and/or service through it, the User agrees to be bound by these Conditions and by all the above mentioned, so if you do not agree with all this, you should not use this Website.
Likewise, it is informed that these Conditions could be modified. The User is responsible for consulting them every 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 in relation to the Conditions, he/she can contact the owner using the contact details provided above or, where appropriate, using the contact form.
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 they accept, from the moment they 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 the case may be.
The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:
Make use of this Website only to make inquiries and legally valid purchases or acquisitions.
Not to make any false or fraudulent purchase. If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities will be informed.
To provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other details (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 Website.
The User will be able to formalize, at his choice, with Tauló Art 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.
PURCHASE OR ACQUISITION PROCESS
Users may purchase on the Website by the means and in the manner established. They must follow the online purchase and/or acquisition procedure of www.tauloart.com, during which several products and/or services can be selected and added to the cart, basket or final purchase space and, finally, click on: "Buy and pay now".
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 that Tauló Art has received your order or request for purchase and / or provision of service, ie, order confirmation. And, where appropriate, you will also be informed by email when your purchase is being sent.
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. Also, the User may, if desired, obtain a copy of your paper invoice, requesting it to Tauló Art 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 concerning the product and / or service in question and 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 recognizes that the realization of the purchase order or acquisition materializes the full and complete acceptance of the particular conditions of sale applicable to each case.
All purchase orders received by Tauló Art through the Website are subject to the availability of products and / or that no circumstance or force majeure (clause nine of these Conditions) affect the supply of the same and / or the provision of services. If difficulties arise in the supply of products or products are not in stock, Tauló Art undertakes to contact the User and refund any amount that may have been paid as an amount. This shall also apply in cases where the provision of a service becomes unfeasible.
PRICES AND PAYMENT
The prices displayed on the Website are the final prices, in Euros (€) and include taxes, unless otherwise indicated and applied by legal requirement, especially with regard to VAT.
Shipping costs are included in the final prices of the products as shown on the Website. Thus, Tauló Art performs the services of delivery and / or shipping through: Correos, Correos Express, MRW.
In no case the Website will add additional costs to the price of a product or service automatically, but only those that the User has selected and chosen voluntarily and freely.
Prices may change at any time, but possible 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.
Tauló Art uses all means to ensure the confidentiality and security of payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).
Credit cards will be subject to checks and authorizations by the issuing bank, if such entity does not authorize the payment, Tauló Art will not be responsible for any delay or non-delivery and will not be able to formalize any contract with the User.
Once Tauló Art receives the purchase order from the User through the Website, a pre-authorization will be made in the appropriate 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 confirmation of shipment and / or confirmation of the service provided in the manner and, where appropriate, place established.
In any case, by clicking on "Buy and pay now" the User confirms that the payment method used is his own.
In those cases in which it is appropriate to make the physical delivery of the contracted good, deliveries will be made within the following territory: Spain (Peninsula and Balearic Islands).
Except in those cases where there are unforeseen or extraordinary circumstances or, where appropriate, arising from the customization of the products, the purchase order consisting of the products listed 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 calendar days from the date of order confirmation.
If for any reason, which was attributable to him, Tauló Art could not meet the delivery date, will contact the User to inform him 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 absence of the User, 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 will not be at the place of delivery in the agreed time slot, you should contact Tauló Art to arrange delivery on another day.
In the event that 30 days after your order is available for delivery, and has not been delivered for reasons not attributable to Tauló Art, Tauló Art will understand that the User wishes to withdraw from the contract and the contract will be considered 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 different from 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 considered terminated.
However, the User must bear in mind that the transport derived from the termination may have an additional cost that may be passed on to the User.
For the purposes of these Conditions, it will be understood that the 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 the material possession of the products, which will be accredited by the signature of the reception 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 when Tauló Art receives 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 to the full receipt of the amount paid by Tauló Art.
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 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.
TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that in the event that it detects that there has been an error when entering data necessary to process your purchase request on the Website, you can modify them by contacting Tauló Art through the contact spaces provided on the Website, and, where appropriate, through those enabled to contact customer service, and / or using the contact details provided in the first clause (General Information).
In any case, the User, before clicking on "Buy and pay now", has access to the space, cart, or basket where their purchase requests are recorded and can make changes.
In cases where the User acquires products on or through the Website of the owner, he/she has 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 cancel the purchase within 14 calendar days without justification.
This withdrawal period will expire 14 calendar days from the day that the User or a third party authorized by it, other than the carrier, acquired the material possession of the goods purchased on the Website Tauló Art or in the event that the goods that make up your order are delivered separately, 14 calendar days from the day that the User or a third party authorized by the User, other than the carrier, acquired the material 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 of the conclusion of the contract.
To exercise this right of withdrawal, the User must notify its decision to Tauló Art. 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 any case, the User may use the model withdrawal form that Tauló Art makes available as part attached to these Conditions, however, its use is not mandatory.
To meet the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the expiration of the deadline.
In case of withdrawal, Tauló Art 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 Tauló Art is informed of the decision to withdraw by the User.
Tauló Art 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, Tauló Art may withhold such reimbursement until it has received the products or items of purchase, or until the User provides proof of the return of the same, depending on which condition is met first.
The User may return or send the products to Tauló Art at: Avenida de la playa 9, 07400, Alcúdia.
And must do so without undue delay and, in any case, no later than 14 calendar days from the date on which Tauló Art was informed of the decision of withdrawal.
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 what is necessary to establish the nature, characteristics and functioning of the goods.
The User acknowledges knowing 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.
In the same sense governs the provision of a service that the User could hire on this Website, as this same law states that the right of withdrawal will not assist 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 Tauló Art, 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 same, of products that are not in the same condition in which they were delivered or 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: https://www.tauloart/modelodesistimiento
Return of defective products or error in shipment
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 that, therefore, should contact Tauló Art immediately and let him know the existing disagreement (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, where appropriate, 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 that the refund or replacement of the non-conforming item is appropriate.
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, will always apply.
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 Tauló Art, therefore, for the lack of conformity of the same that is manifested within two years from the delivery of the product.
In this sense, it is understood that the products are in accordance with the contract provided that: conform to the description made by Tauló Art and possess the qualities presented in it; are suitable for the uses to which products of the same type are normally intended; and present the usual quality and performance of a product of the same type and that are fundamentally expected of it. 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 are derived 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 a defect.
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 his legal warranty rights directly against them during the two 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.
DISCLAIMER OF LIABILITY
Unless otherwise provided by law, Tauló Art will not accept any liability for the following losses, regardless of their origin:
any losses that were not attributable to any breach by you; business losses (including loss of profits, income, contracts, expected 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 was formalized between the two parties.
Likewise, Tauló Art also limits its liability in the following cases:
Tauló Art applies all measures concerning to provide a faithful visualization of the product on the Website, 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 used or others of this nature.
Tauló Art 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 transport, especially for reasons such as strikes, road delays, and in general any other typical of the sector, resulting in delays, losses or thefts of the product.
Technical failures that for fortuitous or other causes, prevent a 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. Tauló Art puts all the means at its disposal in order to carry out the process of purchase, payment and shipment/delivery of the products, however it is exempt from liability for causes that are not attributable to him, fortuitous event or force majeure.
Tauló Art will not be responsible for the misuse and / or wear of the products that have been used by the User. At the same time, Tauló Art will not be responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product.
In general, Tauló Art 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 not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
Inability to use trains, ships, airplanes, motor transport or other means of transportation, public or private.
Impossibility of using 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 during the period in which the cause of force majeure continues, and Tauló Art will have an extension in the term to fulfill them for a period of time equal to the duration of the cause of force majeure. Tauló Art will use all reasonable means to find a solution that will allow it to fulfill its obligations despite the force majeure.
WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User agrees that most communications with Tauló Art are electronic (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 Tauló Art send electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.
The User can send notifications and / or communicate with Tauló Art through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.
Likewise, unless otherwise stipulated, Tauló Art may contact and / or notify the User in your email or postal address provided.
No waiver of Tauló Art to a right or specific legal action or lack of requirement by Tauló Art of strict compliance by the User of any of its obligations shall be, nor a waiver of other rights or actions arising from a contract or the Conditions, or exonerate the User from fulfilling its obligations.
No waiver of Tauló Art to any of the present Conditions or to the rights or actions derived from a contract will take effect, unless it is established expressly that it is a waiver and it is formalized and communicated to the User in writing.
Should any of these Conditions be declared null and void by a final decision issued by a competent authority, the rest of the clauses shall remain in force, without being affected by such declaration of nullity.
These Conditions and any document expressly referred to in these constitute the entire agreement between the User and Tauló Art in relation to the object of sale and replace any other pact, agreement or prior promise agreed verbally or in writing by the same parties.
The User and Tauló Art acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except what is expressly mentioned in these Conditions.
APPLICABLE LAW AND JURISDICTION
The access, navigation and/or use of this Web Site and the contracts of purchase of products through the same one will be governed by the Spanish legislation.
Any controversy, problem or disagreement that arises or is related to the access, navigation and/or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between Tauló Art and the User, will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
COMPLAINTS AND CLAIMS
The User can send to Tauló Art their complaints, claims or any other comments you wish to make through the contact details provided at the beginning of these Conditions (General Information).
In addition, Tauló Art has official complaint forms available to consumers and users, and that they can request Tauló Art at any time, using the contact details provided at the beginning of these Conditions (General Information).
Also, if a dispute arises from the conclusion of this purchase contract between Tauló Art and the User, the User as a consumer may request an out-of-court settlement of disputes, 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/.