Terms of service
INTRODUCTION
This document (as well as the rest of the documents related to it) establishes the conditions of use and purchase of products, the limitations of liability and the obligations (hereinafter, Terms of Service) that govern this website, published under the domain name www.soniaalinsart.com, and that the user assumes and agrees to respect. If the user has any questions related to the Terms of Service or the Privacy Policy, they can contact SONIA ALINS by means of the contact channels established below, in any of the languages in which the conditions are available on this website.
The aforementioned Terms of Service are limited to the activity carried out by SONIA ALINS on this Website, which is the sale of goods and, more specifically, the sale of artistic products.
You must carefully read these Terms of Service, Legal Notice and Privacy Policy before accessing, browsing and/or using this website.
By using this website and/or requesting the purchase of a product by means of it, the user agrees to be bound by the aforementioned Terms of Service and by the Privacy Policy. In case the user does not agree with all the Terms of Service and with the Privacy Policy referred to here, they should not use this website.
These Terms of Service are subject to modification. In any case, it is the responsibility of the user to consult them each time they access, navigate or use this website, being applicable those that are in force at any time when they request any of the products offered. In case of doubts about the Terms of Service, the user can always contact SONIA ALINS by means of any of the ways provided below in this document.
GENERAL INFORMATION
In compliance with the duty of information stipulated in article 10 of the Law 34/2002 of 11 July, on Information Society Services and Electronic Commerce, it is hereby stated that the ownership of this website, www.soniaalinsart.com, is held by:
Corporate name: SONIA ALINS MIGUEL
Registered office: Avenida Joana Raspall, 14 - 25002 - Lleida (Spain)
Tax identification number: 43732298Y
Email address: info@soniaalinsart.com
THE USER AND THE USE OF THIS WEBSITE
The access, navigation and use of this website confer the condition of user, for which reason, from the beginning of the corresponding navigation within this website, all the Terms of Service established in this document, as well as the subsequent modifications that may be applied, are accepted. All this without prejudice to the application of the corresponding legal regulations applicable in each case.
The user assumes responsibility for the correct use of this website and for placing orders by means of it. This responsibility commits the user to:
- Use this website only to make legally valid inquiries or purchases.
- Do not make any type of false or fraudulent purchase. In the event that the purchase can be classified as such, SONIA ALINS will be authorised to cancel it and inform the relevant authorities.
- Provide contact information (email address, postal address and/or other contact information) which is truthful, accurate and lawful. If the user does not provide all the necessary information, unfortunately, it will be impossible to process their order. In the same way, the user consents that SONIA ALINS can make use of said information to contact the user if necessary (see the Privacy Policy).
In any case, when placing an order using this website, the user declares that they are over 18 years of age and have full legal capacity to conclude contracts by means of this website.
The website is legally established in Spain. For this reason, SONIA ALINS is not responsible for the website complying, totally or partially, with the laws of other countries.
The user, at their choice, may formalise with SONIA ALINS the contract of sale of the desired products and/or services in any of the languages in which these Terms of Service are described on this website.
If the user does not agree with the clauses and conditions of use set forth herein, they will refrain from using this website.
Viruses, piracy and other computer attacks
The user must not make improper use of this website with the intentional introduction of viruses, Trojans, worms, logic bombs or any other program or material that is technologically harmful. The user will not try to have unauthorised access to this website, to the server on which said page is hosted or to any server, computer or database related to this website. The user agrees not to attack this website with a denial of service attack or a distributed denial of service attack. Failure to comply with this clause could lead to the commission of offenses typified by the applicable regulations. SONIA ALINS will report any breach of said regulations to the competent authorities and will cooperate with them to discover the identity of the attacker. Likewise, in case of breach of this clause, the user will immediately cease to be authorised to use this website. SONIA ALINS will not be responsible for any damage or loss resulting from a denial of service attack, virus or any other technologically harmful program or material that may affect the user's computer, computer equipment, data or materials as a consequence of the use of this website or the download of content from it or to which it redirects.
PURCHASING PROCESS
Service availability
The articles offered on this website are available for shipment worldwide, although SONIA ALINS reserves the right to exclude the countries that she deems appropriate.
How to order
To buy on this website, the user must follow the online purchase procedure proposed at www.soniaalinsart.com, during which the products can be selected and added to the cart, basket or final purchase space to, finally, make a valid purchase.
The user will have at his disposal, before the moment of the purchase, the characteristics of the product (such as name, price or product details), as well as the particular conditions of sale that concern the product in question. In this way, the user will have to take into account the information provided on this website before starting the purchase procedure, acknowledging that the completion of the purchase order materialises the full and complete acceptance of the particular sales terms applicable to each case.
Once the user has selected all the items they want to buy, these will have been added to their cart and the next step will be to process the order and make the payment. During this process, the user must follow the steps of the purchase process, filling in, completing and checking the information that is requested at each step. The user will have the possibility, during the entire purchase process before making the payment, to modify the purchase data.
After this, the user will receive an email, the order confirmation, confirming that SONIA ALINS has received their purchase or order request. In the same way, the user will be informed, via another email, when their purchase is being sent: the shipping confirmation. In addition, this information may be made available to the user by means of their personal connection space to the website.
After the completion of the purchase process, an electronic invoice will be generated, and this will be sent to the user by email and/or by means of their personal connection space to the website. At any time, the user can indicate their willingness to receive a copy of their paper invoice, requesting it from SONIA ALINS via the contact form on this website or via the email address info@soniaalinsart.com. In that case, SONIA ALINS will proceed to issue and send the user the invoice in said format.
SONIA ALINS may file and keep in her computerised records the communications, purchase orders and payments that intervene during the transactions carried out on this website, in order to establish a means of proof of transactions, respecting the reasonable conditions of security, laws and current regulations that apply to it (in particular the GDPR and LISSEC).
Availability of the products
All purchase orders received by SONIA ALINS via this website are subject to the availability of the products and/or that no circumstance or force majeure (see the Refund Policy on this website) affects the supply of said products and/or the provision of the service. If there are difficulties regarding the supply of products, the provision of a service becomes unfeasible or if there are no products in stock, SONIA ALINS commits to contacting the user and refunding any amount that might have been paid.
Payment method and prices
The prices shown on the website are the final ones, including, where appropriate, taxes, unless by legal requirement (especially in relation to VAT) it is indicated differently. Similarly, shipping costs will be added to the total amount and may vary depending on the territory in which the order delivery address is located.
With the payment of the shipping fee required by this website at the time of purchase completion, the shipping costs are covered, but not the customs management (SAD), nor the taxes that the import requires in each case, for all those shipments that require customs management and import tax payments, of which the recipient must respond at the time of delivery.
Prices may be subject to variations, but (except as stated above) possible changes will not affect orders for which we have already sent you an order confirmation.
The user may use any payment method of those enabled on the website: credit card, virtual card, PayPal.
Each of the enabled payment methods will be subject to specific checks and authorisations by the issuing entity. If said entity does not authorise payment, SONIA ALINS will not be responsible for any delay or failure to deliver and may not formalise any contract with the user.
The charge in the selected payment method will be made at the time the confirmation of the requested order is sent to the user.
Delivery
The physical deliveries of the products will be made in the territorial area for which the shipping service has been enabled on our website, which, with possible exceptions, will be worldwide.
SONIA ALINS performs delivery services, both nationally and internationally, by means of courier companies.
Unless unforeseen or extraordinary circumstances occur or, where appropriate, circumstances arising from the personalisation of the products, the order consisting of the related products in each shipping confirmation selected by the user will be delivered within a period of 7 to 10 working days for all destinations from the day the user receives the purchase confirmation, although the service can be provided within 28 days after the order confirmation.
If for any reason attributable to SONIA ALINS, the delivery date could not be met, the user will be informed of this circumstance and he may choose to proceed with the purchase by establishing a new delivery date or cancel the order with a full refund of the price paid.
The user will take into account that, in any case, home deliveries will be made exclusively on business days, being excluded on Saturdays, Sundays and public holidays.
For the purposes of these Terms of Service, it will be understood that the delivery has occurred or that the order has been delivered at the moment in which the user or a third party indicated by him acquires the material possession of the products, which will be proven by means of the signature of the receipt of the order at the agreed delivery address.
Impossibility of delivery
If it is impossible to deliver your order due to the absence of the user, we will try to find a safe place to leave it. If it is not possible to find a safe place, your order will be returned to the warehouse. However, the carrier will leave a notice explaining to the user where their order is located and how to get it delivered again.
If the user is not going to be at the place of delivery in the agreed time slot, he must contact SONIA ALINS to arrange delivery on another day. In the event that 15 days after their order is available for delivery, the order has not been delivered for a reason not attributable to SONIA ALINS, it will be understood that the user wishes to withdraw from the contract and it will be considered terminated.
As a consequence of the termination of the contract, SONIA ALINS will return all payments received from the user, including delivery costs, without any undue delay and, in any case, within a maximum period of 14 days from the date on which the contract is considered terminated. However, the user must take into account that the transport derived from the termination may have an additional cost, so SONIA ALINS will be authorised to pass it on to the user.
Transmisión del riesgo y la propiedad
From the moment of delivery, the risks that may arise from the products will be borne by the user. The user will acquire ownership of the products when SONIA ALINS receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery (according to the definition contained in the previous clause called "Delivery"), if it were to take place at a later time than the full receipt of the amount paid by SONIA ALINS.
Technical means to correct errors
The user is made aware that if they detect that an error has occurred when entering the data necessary to process their purchase request on this website, they may modify them by contacting SONIA ALINS via the contact spaces enabled on this website and/or using the contact information provided at the beginning of this document, under the heading “General Information”. Likewise, this information could also be corrected by the user using their personal connection space to the website.
In any case, the user, before clicking on “finalise purchase”, has access to the space, cart, or basket where their purchase requests are written down and can make modifications. Similarly, the user is referred to consult the Legal Notice and Privacy Policy of this website to obtain more information on how to exercise their right of rectification as established in 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 (from now on, GDPR), as well as Organic Law 3/2018, of 5 of December, on Personal Data Protection and Guarantee of Digital Rights.
In the event that the user detects that an error has occurred when entering their personal data during your registration as a user of this website, they can modify these data in the "My Account" section or in the "User Profile" section.
In any case, the user can correct errors related to the personal data provided during the purchase process, as well as exercise the right of rectification contemplated in the Privacy Policy, via the email info@soniaalinsart.com or the contact form of this website.
This website displays confirmation windows in various sections of the purchase process that do not allow you to proceed with the order if the data in these sections have not been provided correctly.
Likewise, this website offers the details of all the items that the user has added to their basket during the purchase process, so that, before making the payment, they can modify the details of their order.
If the user detects an error in their order after the completion of the payment process, they must immediately contact SONIA ALINS to correct the error, via the email address info@soniaalinsart.com or the contact form on this website.
Value Added Tax and billing
In accordance with the provisions of article 68 of Law 37/1992 of 28 December, on Value Added Tax (VAT), the delivery of purchase orders will be understood as located in the territory of application of Spanish VAT if the delivery address is in Spanish territory (except the Canary Islands, Ceuta and Melilla) and in any territory of the European Union.
The applicable VAT rate will be the one legally in force at the time depending on the specific article in question.
In orders to the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and tariffs in accordance with current regulations in each of these territories.
The user expressly authorises SONIA ALINS to issue the invoice in electronic format, although they may indicate at any time their willingness to receive a paper invoice, in which case, the invoice will be issued and sent in said format.
WRITTEN COMMUNICATIONS AND NOTIFICATIONS
The applicable regulations require that part of the information or communications that are sent to the user be in writing. By using this website, the user accepts that most of said communications with SONIA ALINS are electronic (either via email or by means of notices published on this website).
For contractual purposes, the user agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that SONIA ALINS sends them electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognised by law to the user. Thus, unless otherwise stated, SONIA ALINS may contact and/or notify the user in their email or the postal address provided when placing an order.
Notifications
The notifications that the user sends to SONIA ALINS must be sent via the email address info@soniaalinsart.com or the contact form on this website.
It will be understood that the notifications have been received and have been correctly made at the same time in which the user is notified.
RENUNCIATION
No renunciation of SONIA ALINS to a specific right or legal action, or the lack of requirement by SONIA ALINS of the strict compliance by the user with any of their obligations, will mean neither a renunciation to other rights or actions derived from a contract or from the Terms of Service, nor will it exonerate the user from the fulfillment of their obligations.
No renunciation by SONIA ALINS to any of these Terms of Service or to the rights or actions derived from a contract will take effect unless it is expressly established that it is a resignation and it is formalised and communicated to the user in writing in accordance with the provisions of the previous Notifications section.
PARTIAL NULLITY
If any of these Terms of Service or any provision of a contract were declared null and void by a final resolution issued by the competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.
FULL AGREEMENT
These Terms of Service and any document to which express reference is made therein constitute the entire agreement existing between the user and SONIA ALINS in relation to the object of trade and replace any other pact, agreement or previous promise agreed verbally or in writing between both parties.
The user and SONIA ALINS acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations entered into by the two parties before said contract, except as stated expressly mentioned in the present Terms of Service document.
Neither the user nor SONIA ALINS will take any action against any uncertain statement made by the other party, verbal or written, prior to the date of a contract (unless such uncertain statement had been made fraudulently) and the only action that the other party will have will be for breach of contract in accordance with the provisions of these Terms of Service.
DATA PROTECTION
The information or personal data that the user provides to SONIA ALINS in the course of a transaction on this website will be treated in accordance with the provisions of the Privacy Policy (https://soniaalinsart.com/policies/privacy-policy). By accessing, browsing and/or using this website, the user consents to the processing of said information and data and declares that all the information or data provided is true.
APPLICABLE LEGISLATION AND JURISDICTION
The use of this website and the contracts for the purchase of products by means of it will be governed by the Spanish law.
Any controversy that arises or is related to the access, navigation and/or use of this website or with said contracts will be submitted to the non-exclusive jurisdiction of the Spanish courts. If the user is contracting as a consumer, nothing in this clause will affect their rights recognised by current legislation.
COMPLAINTS AND CLAIMS
The user can send to SONIA ALINS their complaints, claims or any other comment that they wish to make using the means of contact already mentioned previously (via the email info@soniaalinsart.com or by means of the contact form on this website).
Furthermore, SONIA ALINS offers the user the link from which to download the official claim form:
The aforementioned form can also be requested from SONIA ALINS at any time, using the contact information provided at the beginning of this document, under the heading General Information.
Likewise, if a controversy arises from the conclusion of this purchase contract between SONIA ALINS and the user, the user, as a consumer, may request an out-of-court settlement of disputes, in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 21 May 2013, on Online Dispute Resolution for Consumer Disputes. This method can be accessed on the website: http://ec.europa.eu/consumers/odr/.
INDUSTRIAL AND INTELLECTUAL PROPERTY
The user acknowledges and consents that all the industrial and intellectual property rights over the products that are marketed on this website, as well as the rest of the materials or contents that are incorporated as part of this website, correspond at all times to SONIA ALINS, all copyright being reserved by international intellectual property laws and treaties. Its copy, reproduction or diffusion, total or partial, by any means, is expressly prohibited.
Copyright © SONIA ALINS.
Any use not previously authorised by SONIA ALINS will be considered a serious breach of her intellectual or industrial property rights and will give rise to the legally established responsibilities.
The user may use said material only in the manner expressly authorised by SONIA ALINS. This will not prevent the use of this website to the extent necessary to copy the information on orders or contact information.
The user agrees not to remove, delete, alter, manipulate or in any way modify:
- Those notes, legends, indications or symbols that SONIA ALINS incorporates into her properties regarding intellectual or industrial property (such as, copyright, ©, ® and ™, etc.).
- The technical protection or identification devices that the property may contain (such as, for example, watermarks, fingerprints, etc.).
The user is not authorised to copy, distribute (including emails and the Internet), transmit, communicate, modify, alter, transform, transfer or, in any other way, carry out activities that involve the commercial use of the elements subject to copyright, either partially or totally, without stating the express consent, given in writing, of SONIA ALINS as the legitimate owner of the use rights.
Access and use will always and in any case be for strictly personal and non-commercial purposes.
SONIA ALINS reserves all the rights that correspond to her, including but not limited to, all the intellectual and industrial property rights that she holds over all the elements of her property.
SONIA ALINS does not grant the user any other license or authorisation of use on any of the elements of her property other than that expressly detailed in this clause. SONIA ALINS reserves the right to terminate or modify, at any time and for any reason, the licenses granted under these Terms of Service.
Notwithstanding this, SONIA ALINS may take legal action against any use by the user that: - is not in accordance with the terms and conditions specified here; - infringes or violates the intellectual and industrial property rights or other analogous ones of SONIA ALINS or of any other legitimate third-party owner; - or violates any applicable regulations.
RIGHT TO MODIFY THESE TERMS OF SERVICE
SONIA ALINS reserves the right to modify the Terms of Service. In the same way, the substantial changes made in them will be reported. The modifications introduced will not be retroactive and, save possible exceptions depending on the specific case, they will be applicable after one day from the date of their publication in the corresponding notice. It is recommended not to use this website if the user does not agree with the modifications introduced in it.
QUALITY OF THE WEBSITE
Given the dynamic and changing environment of the information and services provided by means of this website, SONIA ALINS makes its best effort but does not guarantee the complete truthfulness, accuracy, reliability, usefulness and/or timeliness of the contents.
The information contained in this website is only informative, advisory, informative and advertising. In no case does it offer or has the character of a binding or contractual commitment.
SONIA ALINS excludes all liability for the decisions that the user may make based on this information, as well as for possible typographical errors that the documents and graphics on this website may contain. The information is subject to possible periodic changes without prior notice of its content due to expansion, improvement, correction or updating of the contents.
CONTENT AVAILABILITY
The provision of the service of this website and the content has, in principle, an indefinite duration. SONIA ALINS, however, is authorised to terminate or suspend the provision of the service of this website and/or of any of the contents at any time. When it is reasonably possible, SONIA ALINS will previously warn of the termination or suspension of this website.
JURISDICTION
For all questions that arise about the interpretation, application and compliance of these Terms of Service, as well as the claims that may arise from its use, all the parties involved submit to the Judges and Courts of Lleida, expressly renouncing any other jurisdiction that could correspond to them.