General Terms and Conditions
Next, we explain the general contracting conditions of our products and services. The conditions meet all the basic requirements of contractual content according to the Law on the sale of distance products in relation to the Consolidated Text of the Law on consumers and users, as well as with the Law on the Information Society and electronic commerce.
Lamare Art
www.lamareshop.com is the website of products that belongs to LAMARE ART, SL with NIF B70770821with address at Carrer La Guàrdia, 16, 17320 Tossa de Mar, Girona and, therefore, all rights reserved on its use and exploitation of the same by it.
www.lamareshop.com is an on-line art gallery for original art and prints in the form of an online platform that sells works of art and reproductions (illustration, painting, photography, posters and postcards) and other complements (frames) by artists Rus Anson and Nana Cardona, the founders of the business.
All purchases made through this “online store” of www.lamareshop.com, are subject to the General Purchase Conditions set forth in this document. The sales made are distance sales made through electronic commerce and regulated by current Spanish legislation on the matter.
Modality of contracting
The customer has 24 hours a day, 365 days a year to purchase the products offered on this website. Non active days, would be inform in the same website, if the case.
Orders can be formalized from any terminal with Internet access, as long as these terminals meet the necessary technical requirements.
Any user who accesses the www.lamareshop.com website may buy the products by starting the procedure by browsing the main page and selecting the products that are displayed on it.
The works and products offered through www.lamareshop.com are provided to end users only. Any unauthorized commercial use of them, or their resale, is prohibited, unless you have the prior written authorization of LAMARE ART or it is a product specially designed for resale or distribution and so determined by LAMARE ART.
1. Of the products
The products are presented in photographic and/or descriptive mode. Its appearance on the web implies its presence in a product catalog of www.lamareshop.com. Along with the photograph, a brief description is made of it and it is associated with a collection or category and a product name.
The images proposed by www.lamareshop.com are a description of the product and, in no case, will imply a commitment to send the product exactly the same as it is proposed in the catalog images, considering that the lighting and color conditions of products may vary from website to actual product.
It is guaranteed that the requested reference corresponds to the product shown in the catalogue, exempting the owner of the website from liability for any modification that the website may have suffered due to unauthorized access to it and that would have altered the list of products, services, references and prices thereof, without the consent or knowledge of its owner.
Prices will be at all times those that remain valid on the website. VAT is included in the amount of the same. Transport costs will see the final sale price increased with the rate corresponding to the price of the transportation. The sale of the products may be made throughout mainland Spain, the Balearic Islands, Europe and the rest of the world (except for particular cases for logistical reasons). In these cases, LAMARE ART, will communicate it to the customer.
www.lamareshop.com reserves the right to modify prices and offers on the web at any time. Offers are limited in time.
Formalization of the Contract
Once you have selected one of the works or products and added to the cart, the web page will change to another page, showing the works you intend to buy. All necessary data must be facilitated in order to finish the contract.
As a user, you guarantee that the data with which you register are yours as a natural or legal person and, in no case, you are making any type of contract or ordering on behalf of third parties.
To finish browsing and proceed to your payment, you will be redirected to a form in which you must detail:
– Billing data.
– Shipping data of the products, in the event that the delivery address is different from the billing address. You will then be directed to the payment option that is most convenient for you. You can choose between these forms of payment:
– PayPal.
– Credit cards through the Stripe payment gateway.
–Bizum
LAMARE ART terms and conditions must be accepted to finish the payment process.
In the event that the selected product does not exist in stock, the web administrator will give you the option of supplying similar products and of the same category as the one chosen or proceeding to refund the price paid for the product within a maximum period of 14 calendar days and through the same modality with which the purchase was made.
In the purchase process, the order will be understood to be accepted when you make your confirmation and make the payment. Once this step is done, the administrator of www.lamareshop.com will send you an e-mail confirming your order.
Transport
The supply territory of the products is circumscribed: on the one hand, to the Spanish State. On the other hand, transport to Europe and international transport to the United States and Canada are planned, for which different tariff modalities will be established, considering the volumes and quantity of the product. The orders will see their final price increased with the rate corresponding to their transport, always depending on the volume of the products to be sent.
The delivery of the order will be made at the address indicated for this purpose by the user at the time of placing the order. As a user you agree to provide correct shipping data; If this is not the case, www.lamareshop.com will not be responsible for its return in the event of an incorrect address.
LAMARE ART reserves the right to make collaboration agreements with the different transport companies.
In the event that you are absent from the address indicated in the order at the time of delivery, the transport company will contact you again or leave you indications to get your package.
In the case of a misunderstanding and that the product dent by Lamare doesn’t match the one ordered, LAMARE ART, will assume the costs of transportation back to destiny.
Return of products
1. Returns may be done within 14 calendar days from the day of the purchase ahead.
2. You may communicate it by sending an email to: hola@lamareshop.com indicating the following information:
– Order number, your personal data and address to pick up the package.
– Pictures and videos showing the products and verifying their perfect condition.
– Bank account number to send back the amount of money. If the payment was done by card, the amount will be returned to that same account. If it was done by PayPal, it will be returned to your personal account.
3. The product should be packed in excellent manners, with the original packing or new one, in any case, including the riginal documentation included in the first package. Images and videos of the final package should be send together with the rest of documentation to the same email address hola@lamareshop.com
4. When the package is back to LAMARE ART and after verifying its perfect condition, we will proceed with the refund deducting the shipping costs. For countries outside the European Union, the amount will also exclude VAT and customs fees. This process can take up to 30 business days.
5. If the returned products arrive in bad conditions, LAMARE reserves the right of refusing the refund.
User rights
As a user, you have the right to withdraw from this contract within a period of 14 calendar days without the need for justification. The withdrawal period will expire 14 calendar days from the day that you or a third party on your behalf, other than the carrier, acquired material possession of the requested product.
To exercise the right of withdrawal, you must notify to LAMARE ART, address at Carrer La Guàrdia, 16, 17320 Tossa de Mar, Girona, or by e-mail to the email address hola@lamareshop.com, your decision to withdraw from the contract through of an unequivocal statement. You can use the model form of withdrawal that appears annexed at the end of this document.
To meet the withdrawal period, it is enough that the communication regarding the exercise by your part of this right is sent before the corresponding period expires.
Consequences of Withdrawal:
In the event of withdrawal on your part, LAMARE ART will refund the payment for the product using the same method of payment that was used to make the purchase, without undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will process the refund using the same means of payment used by you, or by a third party on your behalf, for the initial transaction, unless you have expressly agreed otherwise.
You will be responsible for bearing the costs of returning the product to LAMARE ART due to withdrawal from the contract.
The consumer/user will be responsible for any decrease in the value of the goods resulting from handling other than that necessary to determine their nature and characteristics.
Both return shipping costs and customs fees for international shipments, as well as local taxes, will be your responsibility. If the return costs exceed the value of the goods to be returned, the remaining balance will be charged in the same manner as the original payment.
Contract Termination Procedure
The following are grounds for the termination of this contract:
a) Mutual agreement between the parties.
b) A complaint made by one of the parties.
c) Supervening legal or material impossibility of fulfilling the purpose of the agreement.
d) Failure to comply with the obligations set forth in this document.
e) General grounds established by current legislation.
Both parties may mutually agree to terminate the supply contract for the contracted products if it becomes impossible to execute for any reason.
No compensatory indemnity will be required if the termination was mutually agreed upon or if the contract’s ineffectiveness was caused by force majeure not attributable to either contracting party.
Jurisdiction
As a buyer of products from www.lamareshop.com, you expressly waive your own jurisdiction, and in the event of a dispute, resolution will be submitted to the Courts of Barcelona.
ANNEX – Withdrawal Form
Send an email to hola@lamareshop.com indicating the following information:
I hereby inform you () that I withdraw from my/our () contract of sale for the following good(s)/service(s):
• Ordered on/received on (*)
• Name of the consumer(s) and user(s)
• Address of the consumer(s) and user(s)
• Account data.
• Reason for the return.