GENERAL CONDITIONS OF SALE

pulpas.studio

1. GENERAL INFORMATION

The ownership of this website pulpas.studio, (hereinafter Website) is held by: Juan José Sánchez Martínez, with NIF: 48501188F, and whose contact details are:

  • Address: Calle Madre de Dios n.5 Entresuelo, Murcia 30004
  • Contact telephone number: 968 21 75 19
  • Contact email: info@pulpas.studio

This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Website (pulpas.studio) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions).

For the purposes of these Conditions, the activity that Pulpas carries out through the Website is understood to include:

  • Marketing of works of art and design

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 cookie policy, and the privacy and data protection policy of Pulpas. By using this Website or by making and/or requesting the acquisition of a product and/or service through it, the User agrees to be bound by these Conditions and by all of the above, so if you do not agree with all of this, you should not use this Website.

Likewise, you are informed that these Conditions may be modified. The User is responsible for consulting them each time he/she accesses, browses and/or uses the Website, since those that are in force at the time when the acquisition of products and/or services is requested will apply.

For any questions that the User may have in relation to the Conditions, he/she may contact the owner using the contact information provided above or, where appropriate, using the contact form.

2. THE USER

Access, browsing and use of the Website confers the status of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), so that all the Conditions established herein are accepted from the moment navigation on the Website begins, as well as any subsequent modifications, without prejudice to the application of the corresponding legal regulations of obligatory compliance as the case may be.

The User assumes responsibility for the correct use of the Website. This responsibility will extend to:

  • Use this Website only to make legally valid enquiries and purchases or acquisitions.
  • Do not make any false or fraudulent purchases. If it could reasonably be considered that a purchase of this nature has been made, it could be cancelled and the relevant authorities would be informed.
  • Provide truthful and legal contact information, for example, email address, postal address and/or other data (see Legal Notice and General Conditions of Use).

The User declares to be over 18 years of age and to have the legal capacity to enter into contracts through this Website.

The Website is primarily aimed at Users residing in Spain. Pulpas does not guarantee that the Website complies with the laws of other countries, either in whole or in part. Pulpas declines all liability that may arise from such access, nor does it guarantee shipments or provision of services outside of Spain.

The User may, at his or her discretion, formalize with Pulpas the contract of sale of the desired products and/or services in any of the languages ​​in which these Conditions are available on this Website.

3. PURCHASE OR ACQUISITION PROCESS

Duly registered Users may purchase on the Website by the established means and forms. Users must follow the online purchasing and/or acquisition procedure of pulpas.studio, during which various products and/or services may be selected and added to the cart, basket or final purchase space and, finally, click on: “FINALIZE PURCHASE”

Likewise, the User must fill out and/or check the information requested at each step, although, during the purchasing process, before making the payment, the purchase data may be modified.

The User will then receive an email confirming that Pulpas has received their order or request for purchase and/or provision of the service, that is, the order confirmation. And, if applicable, they will also be informed by email when their purchase is being sent. If applicable, this information may also be sent to the User. They may be made available to the User through his/her personal connection space on the Website.

Once the purchase procedure has been completed, the User agrees that the Website will generate an electronic invoice that will be sent to the User by email and, where appropriate, through his/her personal connection space on the Website. Likewise, the User may, if he/she so wishes, obtain a copy of his/her invoice in paper form, by requesting it from Pulpas 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 specific conditions of sale that concern the product and/or service in question and that are shown next to the presentation or, where applicable, image of it on its page of the Website, indicating, by way of example, but not exhaustive, and depending on each case: name, price, components, weight, quantity, colour, details of the products, or characteristics, the way in which they will be carried out and/or the cost of the services; and acknowledges that placing the purchase order or acquisition materialises the full and complete acceptance of the specific conditions of sale applicable to each case.

4. AVAILABILITY

All purchase orders received by Pulpas through the Website are subject to the availability of the products and/or that no circumstance or cause of force majeure (clause nine of these Conditions) affects the supply of the same and/or the provision of the services. If difficulties arise in the supply of products or if there are no products in stock, Pulpas undertakes to contact the User and refund any amount that may have been paid as an amount. This will also apply in cases where the provision of a service becomes unfeasible.

5. PRICES AND PAYMENT

The prices displayed on the Website are final, in Euros (€) and include taxes, unless due to legal requirement, especially in relation to VAT, a different matter is indicated and applied.

Shipping costs are included in the final prices of the products as shown on the Website. Thus, Pulpas performs delivery and/or shipping services through: According to availability.

Under no circumstances will the Website 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.

Accepted payment methods will be: Bank transfer

Pulpas uses all means to guarantee the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure SSL (Secure Socket Layer) payment system.

In any case, by clicking on “FINALIZE PURCHASE” the User confirms that the payment method used is his/her own.

Purchase or acquisition orders in which the User selects bank transfer as the payment method will be reserved for 5 calendar days from the confirmation of the order in order to allow sufficient time for the bank transfer to be taken into account by the payment system used by Pulpas for the Website. When the system receives the transfer, the order will be prepared and managed for shipping.

Using this payment method, the User must ensure that he/she correctly enters the exact amount of the purchase order, as well as the account number and the reference of the transfer. In the event of an error, Pulpas will not be able to validate the order, which will be cancelled.

6. DELIVERY

In cases where physical delivery of the contracted goods is required, deliveries will be made within the following territory: Spain (Peninsula and Balearic Islands)

Except in cases where there are unforeseen or extraordinary circumstances or, where appropriate, arising from the personalization 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 the order confirmation.

If for any reason attributable to Pulpas, it is unable to meet the delivery date, it will contact the User to inform them of the this circumstance and the User may choose to continue 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 were impossible to deliver the order due to the User’s absence, the order could be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to have it delivered again.

If the User is not going to be at the delivery location during the agreed time slot, he or she must contact Pulpas to arrange delivery on another day.

If 30 days have passed since the order was available for delivery and it has not been delivered for reasons not attributable to Pulpas, Pulpas will understand that the User wishes to withdraw from the contract and it will be considered terminated. As a consequence of the termination of the contract, all payments received from the User will be returned, except for the additional costs resulting from the User’s own choice of a delivery method other than 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, delivery will be deemed to have taken place or that the order has been delivered at the time when the User or a third party indicated by the User acquires physical possession of the products, which will be accredited by the signature of receipt of the order at the agreed delivery address.

Any risks that may arise from the products will be the responsibility of the User from the moment of delivery. The User acquires ownership of the products when Pulpas receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a time after the full receipt of the amount to be paid by Pulpas.

In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or provision will be deemed to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory, except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at any given time depending on the specific item in question.

7. TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that if he/she detects that an error has occurred when entering the data necessary to process his/her purchase request on the Website, he/she may modify the data by contacting Pulpas through the contact spaces enabled on the Website, and, where appropriate, through those enabled to contact customer service, and/or using the contact information provided in the first clause (General information). Likewise, this information may also be corrected by the User through his/her personal connection space on the Website.

In any case, the User, before clicking on “FINALIZE PURCHASE”, has access to the space, cart, or basket where his/her purchase requests are recorded and may make modifications.

Likewise, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to obtain more information on how to exercise their right to rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD) and in Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights.

8. RETURNS

Right of Withdrawal

The User, as a consumer and user, makes a purchase on the Website and, therefore, has the right to withdraw from said purchase within a period of 14 calendar days without the need for justification.

This withdrawal period will expire 14 calendar days after the day that the User or a third party authorized by the User, other than the carrier, acquired material possession of the goods purchased on the Pulpas Website or, in the event that the goods that make up your order are delivered separately, within 14 calendar days of the day that the User or a third party authorized by the User acquired material possession of the last of these goods.

To exercise this right of withdrawal, the User must notify Pulpas of his decision through the contact spaces enabled on the Website.

The User must clearly and unequivocally express his intention to withdraw from the purchase contract. You can use the withdrawal form template that Pulpas makes available to you as an annex to these Conditions, although its use is not mandatory.

In the event of withdrawal, Pulpas will reimburse the User for all payments received, including shipping costs (except for additional costs arising from a shipping method other than the least expensive one offered by the Website) without undue delay, and no later than 14 calendar days from the date on which Pulpas is informed of the decision to withdraw.

Pulpas will reimburse the User using the same payment method used for the initial transaction. However, it may withhold the refund until it has received the returned products or until the User presents proof of the return, whichever occurs first.

Return of defective products or shipping error

In cases where the User considers that, at the time of delivery, the product does not comply with the terms of the purchase contract, he or she must contact Pulpas immediately and detail the discrepancy.

Pulpas will inform the User how to proceed with the return. Once the products have been returned, they will be examined and, if applicable, a refund or replacement will be made, informing the User within a reasonable period of time.

Defective products will be fully refunded, including delivery costs and costs associated with the return. The refund will be made by the same payment method originally used.

9. DISCLAIMER

Unless otherwise provided by law, Pulpas shall not be liable for:

  • Losses that were not attributable to a breach on its part.
  • Business losses such as loss of profits, revenue, contracts or loss of goodwill.
  • Indirect losses that were not reasonably foreseeable at the time of entering into the sales contract.

Pulpas shall also not be liable for technical failures, lack of availability of the Website, or for misuse of the products by the User.

In general, Pulpas shall not be liable in the event of force majeure, including but not limited to strikes, natural disasters, transportation problems or government restrictions.

10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

The User agrees that communications with Pulpas will be mostly electronic, either by email or by means of notices on the Website.

Any notification that the User wishes to make to Pulpas must be sent to the contact information indicated in these Conditions. Pulpas, unless otherwise indicated, will contact the User by email or through the postal address provided.

11. WAIVER

Pulpas’ failure to require compliance with any of the User’s obligations will not constitute a waiver of its rights or actions.

No waiver by Pulpas of a right will take effect unless it is formalized in writing and communicated to the User.

12. NULLITY

If any of these Conditions were declared null by a competent authority, the remaining clauses will remain in force.

13. COMPLETE AGREEMENT

These Conditions constitute the entire agreement between the User and Pulpas, and replace any other previous agreement related to the object of sale.

14. DATA PROTECTION

The personal data provided by the User will be treated in accordance with the Privacy Policy of the Website. By using the Website, the User consents to the processing of said information and guarantees that the data provided is true.

15. APPLICABLE LEGISLATION AND JURISDICTION

These Conditions are governed by Spanish law. Any dispute will be submitted to the Spanish courts, unless the applicable law provides otherwise.

16. COMPLAINTS AND CLAIMS

The User may direct complaints or claims to Pulpas through the contact details provided. Pulpas has official complaint forms available for consumers and users that can be requested at any time.

In the event of a dispute, the User may resort to the platform of EU online dispute resolution: https://ec.europa.eu/consumers/odr/.