1.- Legal Framework
In compliance with current legislation, the entity JM CROSSROAD SL which operates through the Internet from this website WWW.MARIPRETE-FINEART.COM details below the general conditions of contracting the products and / or services offered through the same and from which the rights and obligations of the parties are generated.
2.- Identification
These General Conditions of Contract (hereinafter "Conditions") are intended to regulate the relationship between JM CROSSROAD SL (hereinafter the "Provider") and customers (hereinafter the "User"), relating to all transactions made through the website of the online shop.
2.1.- Provider Company
- COMPANY NAME: JM CROSSROAD SL
- TRADE NAME: Mari Prete FineArt
- CIF: B44766699
- ADDRESS: CALLE BERNABÉ TIERNO No 1 EDIFICIO LINDAMAR LOCAL 3
- TOWN: FUENGIROLA
- PROVINCE: MÁLAGA
- POSTAL CODE: 29640
- TELEPHONE: (+34) 951745444
- E-MAIL: admin@mariprete-fineart.com
And on the other hand:
2.2.- The User
The user or client is understood to be the internet user who acquires this status by registering on the website, using a form and who is assigned a username and password, for which he/she has full responsibility for use and custody, being responsible for the veracity of the personal data provided to the provider, as we will see in the section on User Registration.
3. - Acceptance
By accepting these Conditions, the User declares:
1. That he/she is a person with the capacity to contract in accordance with current legislation. 2. That he/she has read and accepts the present Conditions.
4. - Availability
The User will always and in any case, prior to the start of the product contracting procedure, have access to the conditions, which may be stored and/or reproduced on a durable medium.
5. - Validity or Duration
The period of validity or duration of these Conditions and particular conditions of contracting will be the time that they remain published on the aforementioned website and will be applicable from the moment the User makes use of the website and/or proceeds with the contracting of any products.
6. - Modifications
The Provider reserves the right to unilaterally modify these Conditions, without this affecting the goods or promotions that were purchased prior to the modification by the User.
The User undertakes to read the contracting conditions carefully each time he/she proceeds to contract a product, given that they may have been subject to modification since the last time he/she accessed them.
7. - Nullity
If any clause included in these Conditions is declared totally or partially null and void or ineffective, such nullity shall only affect that provision or that part of it which is null and void or ineffective, and the Conditions shall remain in force in all other respects.
8. - Object of the contract
The purpose of this contract is to regulate the contractual relationship of purchase and sale that arises between the provider and the user at the moment the user accepts the purchase during the online contracting process by means of the mechanisms described below.
The contractual relationship of purchase and sale entails the delivery, in exchange for a specific price and publicly displayed through the website, of one or more specific products.
Each of these products may be subject to specific regulation by means of the particular contracting conditions of each one of them, of which more detail will be given in the section on guarantee, returns, withdrawal, or in the technical data sheet of the product itself, due to the different formats in which the products are marketed, their packaging or their very nature.
9.- User Registration
The User may register on the website by clicking on the "My Account" button, then clicking on "Create New Account". To do so, he/she will enter the personal data required as obligatory, which will be: name and surname, e-mail address, country and password. Optionally, you can select "I Would Like To Receive Updates And Offers" with a tick. You will then receive a welcome e-mail.
10. - Geographical Scope
This website operates and sells on international territory.
11. - Product Information
The Provider pays great attention to the information concerning the characteristics of the products by means of technical descriptions and photographs illustrating the products.
12. - Taxes, currency and shipping costs
In accordance with the regulations in force, any purchase made through the Website shall be subject to Value Added Tax (VAT).
The products offered include Value Added Tax (VAT) and in any case will be expressed in Euro currency (€). These prices, unless expressly stated otherwise, do not include shipping costs or any other additional services and annexes to the product purchased.
13. - Language in which the contract is carried out
The contracting procedure and the pre-contractual information are in English and this language will be used to carry out the contract.
14-Steps in the Procurement/Purchasing Process
14.1.- Registration
In order to start the process of contracting products on www.mariprete-fineart.com, it is first necessary to register as a user, by clicking on the button that appears on the main page of the website called "My Account", then clicking on "Create New Account" and filling in the mandatory data requested on the page that will appear below.
Once successfully registered, the user will be able to log in with his/her username and password to the control panel of his/her profile in order to manage all those functions that the provider of the site has made available, such as adding and modifying the billing and delivery address, changing the account settings, managing the subscription to the newsletter, creating lists of favorites, sharing favorite lists with other people, uploading a photo of his/her own room and uploading artwork virtually, viewing orders, editing the shopping basket, viewing the most viewed items and writing messages to the sales department.
14.2.- Checkout process
The purchase process can be done in two ways:
On the one hand, from the shopping basket, the user can pay directly via Paypal, Google Pay or Apple Pay. These three buttons can also be selected at the checkout to skip the classic method.
Moreover, it is possible to shop as a guest and as a registered customer. Registered customers can also shop as a guest. Enter the billing and delivery address or mark that both are the same. Select the delivery method (in-store collection or home delivery). Select the payment method. Link the order (the payment process starts with the selected payment method).
Provisions to be taken into account in the purchase process.
15. - Product availability
Our shop indicates when a product is not in stock or available for purchase. In case of error, the customer will be contacted and will receive a refund.
16. - Types of products
The website offers artistic photography in limited and open editions, which can be personalized with different frames and finishes. Cleaning and maintenance products for the works of art, calendars, books, acrylic blocks with photos and other design products based on the motifs of the works of art for interior design and fashion are also available. On the other hand, renting of works of art is also possible.
17. - Maximum order amount
There is no maximum order value.
18.- How to extend or cancel my order
To extend an order you can do so as long as you have not completed the purchase, and you can do so by clicking on the "Continue shopping" button in the shopping basket. You can also do this at the checkout, under "Edit basket".
Cancellation and the right of withdrawal are excluded, as the works created are made individually according to the customer's specifications and are tailored to the customer's personal needs. In the case of non-individualized products, the statutory right of withdrawal applies. Works of art are generally considered individualized products. For products for which the right of withdrawal applies please use our form which you can download here. (CANCELLATION FORM)
19. - Delivery costs, delivery methods and delivery time
Throughout Europe, standard shipping costs are free of charge for orders with a purchase value of 50 euros or more. Below this amount, a fixed price applies, which you can consult us about.
Outside Europe, different fixed prices apply per country depending on the size and value of the artwork.
20. - Delivery time
The delivery time in the European Union is approximately 7-12 days. In the rest of the countries, depending on each one of them, it will be up to 16 days approximately.
21.- Invoice
Where can I consult my invoice? The invoice can be consulted and downloaded from the user's control panel. It will also be sent by e-mail.
22.- Value added tax
In accordance with current legislation, any purchase made through the website will be subject to Value Added Tax (VAT).
23.- Methods or methods of payment
In general, the User may choose the method of payment:
A) By credit/debit card, for which he/she shall provide, among others:
(i) name and surname;
(ii) card number;
(iii) CVV/CVC;
(iv) card expiry date;
B) Paypal
C) Paypal in 3 installments
D) Google Pay
E) Apple Pay (if available)
F) Sofort
G) Sepa Direct Debit
H) iDeal (if available)
I) GiroPay (if available)
J) EPS (if available)
K) Bancontact (if available)
CASH ON DELIVERY IS NOT SUPPORTED.
Your card details will not be stored in our database, as they will be filled in on the secure website of your chosen bank or payment provider.
24. - General Provisions on the Payment Process
- The payment order given by the User necessarily implies adherence to these General Conditions as well as the particular conditions of the order.
- For any payment method chosen by the User, all payments shall be subject to the terms and conditions applicable to the User by the financial institutions involved or by the secure payment platforms (e.g. Visa, Mastercard, etc.).
- Once the payment has been correctly made, the User will receive two informative and confirmation e-mails confirming the essential conditions of the operation.
25. - Returns of defective, damaged or incorrect products or exercising the right of withdrawal.
Once you have received your order, you may cancel your purchase, provided that the product is damaged at the time of delivery. There is no right of withdrawal in other cases, as these are products of the shop that are manufactured individually for the customer. If the customer opens the package later, but within 14 days, and finds damage and can prove that it was caused by the supplier, the item will be replaced.
26. - Exceptions to the right of withdrawal
The right of withdrawal does not apply to the delivery of:
- Products whose nature may be altered.
27.- Customer service: Help, Suggestions and Complaints
At any time, you can contact our Customer Service to ask for help, make suggestions or complaints by writing through our Contact form or by calling +34 951745444 from 10 am to 8 pm. Email enquiries are answered within 24 hours. Customer support is also available through your account via Messenger.
28.- Product warranty
The warranty is given by the manufacturer and is limited to 2 years, to material defects and manufacturing defects. Damage due to improper use is not covered by the warranty. A warranty claim will be investigated by us and settled with the manufacturer through us. To report a warranty claim, you can contact us through any of our contact channels. It is mandatory to present the invoice or, in the case of limited editions, the certificate of authenticity.
29. - Provider's Rights
- To maintain, modify or discontinue its website without prior notice.
- To change the price of offers.
- Refuse orders due to lack of stock or non-payment by the customer.
- Refuse access to the IT tools to customers in the event of non-compliance with these conditions.
- Receive the amount of the customer's purchases, once the transaction has been accepted.
- To reserve title and retain full ownership of the item until full payment by the customer.
- Not to reproduce, sell or dispose of the goods.
- Not to reproduce, sell or dispose of the information published by the Provider in all its contents without the express permission of the company itself.
- Proceed to correct or amend human or computer errors.
30.- Limitation of liability
All information provided by the User to the Provider and through the relevant forms must be truthful. It is the User's responsibility to keep the data supplied to the Provider duly updated. In any case, the Provider disclaims any liability for damages caused as a result of having provided false, insufficient, inaccurate or incorrect information.
Access to the Website does not imply any obligation on the part of the Provider to verify the authenticity, suitability, completeness, accuracy, adequacy and updating of the information provided by the User through the relevant forms.
The Provider shall not be liable in those cases in which it is incumbent upon the parents, guardians or legal representatives of underage or disabled Users to authorise access, provision of personal information or use of the Website or the contracting of any products or services provided through the applications or web platform. It shall be the responsibility of the aforementioned parents, guardians or legal representatives to supervise the access and use of the minor or incapacitated person to contract the products and services provided through WWW.MARIPRETE-FINEART.COM.
Access by Users to the Contents does not imply any obligation on the part of the Provider to control the absence of viruses or computer elements that may have any harmful effect on the User's computer equipment. In any case, it shall be the User's responsibility to have the necessary tools to detect such viruses or harmful computer elements. Consequently, the Provider shall not be liable for any possible damage caused to the computer equipment of Users or third parties during access to the Contents.
The Provider shall not be liable for any interruptions that may occur in the electrical or telecommunications services that prevent Users from using the services offered.
31. - Applicable Law and Jurisdiction
These conditions shall be governed by or interpreted in accordance with Spanish law in all matters not expressly established. The provider and the user agree to submit any dispute that may arise from the provision of the products or services covered by these conditions to the Courts and Tribunals of the user's domicile.
In the event that the user is domiciled outside Spain, the provider and the user expressly waive any other forum, submitting to the Courts and Tribunals of the domicile of the WEBSITE OWNER.
32.- Online Dispute Resolution Platform for consumers and traders
The European Commission has set up a platform to help consumers and traders to resolve disputes relating to purchases made on the Internet.
Address to the platform:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=ES
