Privacy policy

The present stipulations regulate the contracting of products and services offered and the advertising directed to its clients/users by penart.es, which operates through the Internet from its web page (www.penart.es) and offers its clients the works of Rubén Álvarez Diéguez, originals or reproductions: Gicleé – Fine Art printing plates. The present General Conditions also regulate the rights and obligations of the parties derived from the sales operations agreed between them.
The clauses listed below form the framework agreement that all users who access the page www.penart.es are obliged to know and accept. For the sole purpose of these general conditions, the expression “user” includes any Internet user who accesses the www.penart.es website, either directly or from any other Internet site.
These General Conditions are binding on both parties and form an integral and inseparable part of the sales contract whose effectiveness operates at the time of signing the order at the request of the client, through the contracting mechanisms that will be specified later, all in accordance with the provisions of Article 1.255 of the Civil Code which includes the principle of autonomy of will and agreements between the contracting parties. For all purposes it will be understood that the user accepts the conditions and rules of use listed here if he or she presses the “Accept” button at the bottom of this document.
To guarantee in its integrity the rights of the consumers and users of www.penart.es, the present General Conditions are established in accordance with the Spanish law, and in particular with the Law 7/98 of 13 April of General Conditions of the Contracting, Law 7/96 of 15 January of Arrangement of the Retail Trade, Civil Code, Directive 2000/31 EC of the European Parliament and of the Council of 8 June, Law 34/2002 of 11 July on services of the information society and electronic commerce, Law 3/2014 of 27 March, which modifies the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007 of 16 November (hereinafter LGDCU) and other applicable laws and their implementing regulations.
The user of the www.penart.es website will have the right to free access to the public information collected on the website. It reserves the right to restrict access to information, promotions and special offers to its registered customers.
Any user who accesses the Rubén Álvarez Diéguez website has the right to register as a client, and may therefore take advantage of special offers aimed at registered clients if they comply with the specific conditions of the offer specified for each product.
The public information contained in the website www.penart.es, as well as to the images of Rubén Álvarez Diéguez works, as well as to the brands, products, logos,… are protected by the legal dispositions on intellectual and industrial property, for which reason the copy, transmission, cession, alienation or use by the client/user alien to the advertising purpose of its virtual publication is not authorized without the express consent of Rubén Álvarez, of the manufacturer of the product or of the owner of brands and logos, in the terms foreseen in section XI on Industrial and Intellectual Property Rights.
The customer/user, prior to the formalization of the purchase of any of the products offered by www.penart.es, must register their data and personal circumstances necessary for the formalization of the sales contract (name and surname or company name, DNI/NIF, address, e-mail address, telephone/fax number).
The user will only be able to contract and place orders if he or she is of legal age. Otherwise, the responsibility for placing orders by minors will be borne by the parents or legal guardians of the minor.
To place orders on the website, each customer will provide, on a voluntary basis and under their responsibility, their personal data.
All personal data provided by customers in a fraudulent or false may be considered a crime of falsehood of business documents.
Rubén Álvarez Diéguez, reserves at all times and unilaterally the right to modify the price of products and services offered through its website. In order to guarantee the client the certainty and security of the price of his products, this will be the one in force in the advertising coinciding with the moment of formalizing the order.
In the electronic purchase process, the following steps will be followed according to the options menu on the website.
Information about the product offered to the customer:
Information on the final price or retail price of the product to be purchased, containing in the same order the final cost for the customer and including VAT, shipping costs and insurance of goods and handling arising from transport. The final cost, therefore, will be communicated to the customer in the electronic purchase process before he formalizes his acceptance by choosing the option “order acceptance” from the options menu.
The cost of shipping can be consulted on the website.
Acceptance of the order:
At the moment of formalization of the order, once the option of the menu of acceptance of the order is used it is understood given the consent of the client for the validity and effectiveness of the contract of sale that forces the parts.
Invoice:
Rubén Álvarez Diéguez, will issue an electronic invoice that will be sent to the client’s e-mail address. In case you wish to receive a paper invoice, please notify it to ruben@penart.es
Users may not modify sales invoices after the invoice has been issued, in compliance with current regulations (Royal Decree 1496/2003 on Invoicing Regulations, modified by Royal Decree 87/2005). The invoice will be issued in the name of the individual or company placing the order, so the customer must ensure that the order is placed in the correct name. No later changes will be possible.
For reasons of personal data protection, duplicate invoices will only be issued to the person who holds the contract. Duplicates will not be issued to third parties. Duplicate invoices will not be sent by fax or e-mail but only to the address designated by the contract holder. Once the guarantee period has expired, no more duplicate invoices may be issued.
Delivery time of the purchased product:
A maximum period of approximately ten days is established, for orders with national destination, for the effective delivery of the product from the moment in which the date of delivery of the same one was fixed on having formalized the order in the orders of payment against refund. For orders for advance payment without proof of payment within the period of delivery of the product set to formalize the order, the period of ten days will begin to count from the time it becomes known that such payment has been made. For the orders with international delivery, they will have to consult the approximate times of delivery, as well as the tariffs, that appear for each destiny in the page Web.
The delivery time of the goods will depend on where the location is.
In the event of delay in delivery on the approximate time of receipt of the product set to formalize the order, and provided that this delay is attributable, the customer, upon written complaint (letter, fax or e-mail), may withdraw unilaterally from the order, restoring the amounts paid in case of prepayment, in accordance with the provisions of the LGDCU.
The order will be delivered to the address designated at the time of recruitment by the client. The subsequent modification of the place of delivery requested by the customer will only be possible before the order leaves our warehouse and will generate additional costs on the sale price that will be at the expense of the buyer. The modification of the delivery address once the order has been delivered to the carrier will not be possible unless the customer bears the costs and it is expressly agreed between the parties. The goods will be delivered to the customer (or to a third party designated by him) through a transport company, along with a delivery note in which the data identifying the customer (or the third party designated by him), the order and the number of packages that make up the shipment will be recorded.
The goods are at all times covered by insurance against risks of transport, loss and handling during transport.
Make sure that the package received is in good condition on the outside. If not, please note this fact on the carrier’s delivery note, refuse the shipment and notify  in writing within 24 hours. In cases of product deterioration or lack of conformity due to transport (which are not evident at the time of delivery or are not visible on the outside), you must notify www.penart.es, within seven calendar days of receipt via e-mail.
Any goods that could not be delivered within 10 working days of departure for reasons not attributable to the seller shall be returned to the seller, and any amounts paid for the product shall be refunded in the case of orders placed in the prepaid mode, except for shipping costs (returns).
Delivery of large products:
Products of large size or weight should be contacted by the customer at www.penart.es
-Product guarantee
The guarantee of the products sold by www.penart.es, is provided and established by virtue of the regulations contained in the legislation in force, in particular, in the aforementioned LGDCU, a legal framework that aims to provide the consumer with different options to demand remedial action when the purchased good does not conform to the contract, giving him the option to demand the repair or replacement of the good, unless one of these is impossible or disproportionate. Where repair or replacement is not possible or is disproportionate, the consumer may demand a reduction in the price or termination of the contract.
In the event of non-conformity of the product, a period of two years from the time of delivery is recognized to allow the buyer to enforce his rights, however, only within 6 months of delivery it will be presumed that the non-conformity already existed at the time of delivery, and it will be up to the buyer to prove, within the remaining 18 months (i.e., from the seventh month to the end of the two years) that the good was non-conforming, all in accordance with the LGDCU.
Under the LGDCU, the seller is obliged to deliver to the consumer a good that conforms to the sales contract in the terms established therein, under which
“The seller is obliged to deliver to the consumer and user products that are in conformity with the contract, being liable to him for any lack of conformity that exists at the time of delivery of the product”.
The guarantee is addressed only to the holder (contractual party) that appears on the invoice and only the holder can demand it.
-Rights of www.penart.es
To keep, modify or suspend its website without prior notice.
Modify the price of the offers.
Reject orders due to lack of stock or non-payment by the customer.
Reject access to computer tools to customers in case of failure to comply with these conditions.
Receive the amount of customer purchases accepted the transaction.
Reserve the domain and retain full ownership of the item until full payment by the customer.
To reserve the right to conduct raffles for goods or services on its website.
Proceed to correct or amend human or computer errors.
The information received through the website will be treated with the utmost confidentiality. The current provisions on data protection shall be observed at all times, in particular, Organic Law 15/1999, of December 13, on the Protection of Personal Data, and shall adopt the necessary measures to avoid the alteration, loss, treatment and unauthorized access of such data and to ensure that its employees observe such provisions, as well as the duty of secrecy regarding the data subject to protection and other confidentiality obligations in force. Likewise, it undertakes not to use the personal data of the users of the page for purposes other than the purpose of contracting the services it provides.
In accordance with the legislation in force, www.penart.es, collects personal data from its customers and includes them in a file of which it is the owner and whose treatment is exclusively for the purpose of managing the orders requested from the Company and responding to any queries that users may have. The user must provide the personal data and circumstances necessary to register as a client of the Company and formalize sales contracts (name and surname or business name, ID number, address, email address, phone number / fax). The registration of these data is compulsory; the lack of completion of these data by the user or the supply of incorrect data will make it impossible to correctly manage the orders placed. The user can omit or stop communicating any personal data or circumstances that are not absolutely necessary for registration as a customer or formalization of the purchase.
Likewise, the customer expressly consents that www.penart.es, communicates such data to companies or banks for the management of transport and collection of the order. www.penart.es, may also carry out other communications of data provided by law.
The data collected, may be treated and stored in Spain. Similarly, it may carry out international transfers of data to non-member countries of the E.U., for which the customer expressly gives his consent, all in accordance with the provisions of the law.
www.penart.es, undertakes to respect and facilitate the exercise of the rights recognized by law and, in particular, the rights of access to data, rectification, cancellation of data and opposition, if appropriate.