The following Terms and Conditions of Sale apply to the use of this Website and describe the legal responsibilities between DRDA Art and the Customer. By placing an order on our online store, you confirm that you have read, understood and accepted these Terms and Conditions of Sale, which have been duly expressed in accordance with current legislation.
1. Identification of the parties
In accordance with article 10 of Law 34/2002, of July 11, Services of the Information Society and Electronic Commerce, DRDA Art offers the following information as the owner contracting party of the Website:
- DISSENY RUBIO, S.L. whose identifying data is found in section 1. Identification data of the Legal Notice.
- The Customer is identified through the data provided in the order form, being responsible for the veracity, updating and accuracy of it. The Client declares to be over 18 years of age, have the legal capacity to enter contracts, and act on his/her own behalf as a natural person or on behalf of a legal person. In the second case, the Customer expressly declares sufficient power to such representation. DRDA Art may cancel Customer accounts or not fulfil order requests when the data provided is inaccurate, false or incomplete.
2. Product coverage
The products and services offered are distributed in selected countries where shipping is available. Please see our Shipping Policy for a list of the covered countries and further information.
3. Information and data
DRDA Art reserves the right to modify the contents, products or services marketed from the Website, as well as the commercial offers presented at any time.
DRDA Art makes every effort within its means to provide the information contained on the Website truthfully and without typographical errors. In the event that at any time there is an error outside the will of DRDA Art, it shall be corrected immediately.
4. Description of products and services
The Website offers:
- Exclusive artworks and Limited Edition art pieces.
Each product can be accompanied by one of the following:
- Item name
- Product images
- Item description
- Materials
- Price (in Euros and with VAT included where applicable)
DRDA Art aims to display the colours of the products as close to reality as possible. However, the colours of the products that appear on the screen may be subject to variations depending on the settings of the screen or device. In this sense, DRDA Art cannot guarantee that the colours that appear on the screen will faithfully match reality.
Photographs and descriptions of the products for sale have no contractual value, being illustrative only.
Special offers, promotions or discounts will be valid until the date indicated or until the end of stock.
We deal exclusively with unique, limited edition artworks that truly express our inclusive vision of diversity and reflect the active, empowering and accessible role that art should play today. Every artwork is numbered, signed by the artist and accompanied by a certificate of authenticity to guarantee its genuineness.
We take care of every last detail from our Barcelona-atelier, from choosing the finest-grade, museum-quality, acid-free materials that meet longevity requirements of galleries and museums and ensure consistency of shades for over 200 years, to using the finest art techniques. All this in order to create pieces of art of unparalleled quality that can last for generations.
Corrections
Our site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our site may be incorrectly priced or have typographical errors. We will normally verify prices as part of our dispatch procedures so that, when a product’s correct price is less than the stated price, we will charge the lower (correct) amount when dispatching the product to you. If a product’s correct price is higher than the one stated on our Website, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you a dispatch confirmation, if the pricing error is obvious and could have reasonably been recognized by the Customer as an error.
5. Buying procedures
- The items you wish to purchase must be selected and added to the shopping cart by clicking on the corresponding “Add to cart” button.
- The shopping cart will contain the reference of the selected item, its name, photograph, unit price, quantity and final price (taxes included, depending on the country).
- The order sheet will request the Customer’s personal and billing details, as well as delivery details. This data will be incorporated into our database in order to process the order and facilitate the making of new purchases in DRDA Art.
- Once all of the purchase information is completed, before the order is finalised and carried through, a summary will be presented identifying the item(s) on the order and its total price (transportation and taxes included). Please note that some regions might be subject to import taxes and/or custom duties, which are not included in the final price of our products or orders and shall be paid by the Customer upon shipment arrival at the destination. The order must be confirmed by clicking on the “Buy” button, which will be enabled once the general terms and conditions of sale have been accepted.
- Once the transaction has been confirmed, the order number will be informed to the Customer via email. Failure to receive this message may be due to a momentary network issue or a typing error in the informed email address. In both cases, it is advisable to contact DRDA Art at customer@drdashop.com
- DRDA Art reserves the right to cancel any order if any anomaly was observed in placing the order or if the information provided by the buyer was not filled in correctly.
6. Price and payment methods
All prices indicated on this Website are in Euros.
The Customer will always know the price and characteristics of the items offered prior to their acquisition, and these will be detailed and determined on this Website. Prices in Euros include VAT if applicable.
Prices include shipping costs for orders placed through our Website to the countries in our delivery coverage: United Kingdom, Austria, Germany, Belgium, Finland, France, Greece, Ireland, Italy, Monaco, the Netherlands, Spain and Sweden. In the case of Spain, Ceuta, Melilla, Balearic Islands and Canary Islands are excluded. You can read more about them in the shipping information section.
We offer the following payment methods:
- Credit or debit card: the payment is immediate through the bank’s payment gateway. We do not store credit card data.
- PayPal: the payment is immediate and is made through the PayPal platform, under the agreed conditions that the user has.
DRDA Art informs users that the data that Customers provide through the payment platform is not stored under any circumstances and is only held while the payment is processed. To ensure the best security for the Customers of the Website, DRDA Art reserves the right to request identification documents and the payment method used by the Customer to deliver the purchased products.
Ownership of the Products will only be passed to the Customer when we receive full payment of all sums due with respect to the Products, including shipping costs when applicable.
7. Import taxes and customs duties
Please note that some regions may be subject to import taxes and/or customs duties which are the responsibility of the customer. These charges are not included in the final price of our products and must be paid by the customer at destination in the regions where they are required. We have no control over these charges and therefore cannot predict their amount. Please contact your local customs office for more information.
Please also note that the Customer must comply with all applicable laws and regulations of the country for which the products are intended. We will not be liable for any breach by the Customer of such laws.
8. Essential procedures for Customer
Upon delivery
- Before accepting the package from the carrier, it is necessary that the Customer verifies that the box is not damaged.
- If the package appears to be damaged, the Customer should follow the instructions in the “Damage” section on our Shipping page.
- If it is not damaged, the Customer must sign for it. A signature is required for any goods delivered, at which point responsibility for the purchased goods passes on to the Customer. This signature will serve as the receipt that the Customer has correctly received the product.
Handling your artwork
Due to the exclusive and delicate nature of our artworks, pieces must be handled with great care to preserve their quality and lifespan. Please handle in accordance with the following care instructions.
Important: Gloves must be worn at all times when handling artworks to prevent fingerprints, nail marks, damage from moisture and oils from the skin.
- Open the box and you will find a tube containing the artwork and a bag containing a pair of special white cotton art-handling gloves.
- Put on the gloves before handling the artwork.
- Remove the tube containing the artwork and carefully remove the artwork from the tube.
- Inside you will find the certificate of authenticity. The certificate can be stored safely on the back of the artwork when you frame it, or you can keep it in a separate envelope.
- Unroll the artwork and weigh it down flat with books or a little weight to help it regain its shape before framing it.
- If you are not framing your artwork immediately, keep it in the original packaging.
- Keep the artwork away from direct sunlight, humidity and heat to ensure that it remains in perfect condition.
9. Product availability
All orders for products are subject to their availability and, in this sense, if there are difficulties in their supply, or if there are no items in stock, we reserve the right to provide you with information about other possible artworks that you may find interesting as a substitution. If you do not wish to place an order for these substitute products, we will refund any amount you may have paid.
10. Events beyond our control
We will not be liable for any breach or delay in fulfilling any of our obligations under a Contract when the cause of which is due to events beyond our reasonable control (“Force Majeure Cause”).
“Causes of Force Majeure” shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control and shall include in particular (but not limited to) the following:
- Strikes, lockouts or other claims.
- Civil commotion, revolt, invasion, terrorist attack or threat, war (whether declared or not) or threat or preparations for war.
- Fire, explosion, storm, flood, earthquake, sinking, epidemic or any other natural disaster.
- Impossibility to use trains, ships, aircraft, motor transport or other means of transport, public or private.
- Impossibility to use public or private telecommunications systems.
- Acts, decrees, legislation, regulations, or restrictions of other governments.
- Strike, failures, or accidents of maritime or river transport, postal or any other type of transport.
Our obligation to comply under a Contract shall be deemed to be suspended for the period in which the “Cause of Force Majeure” continues, and we will have an extension within the time limit to fulfil our obligation for the duration of such period. We will use all reasonable means to terminate the Force Majeure Cause or to find a solution by which we can fulfil our obligations under the Contract despite the Force Majeure Cause.
11. Preservation and archiving of transactions
Archiving of transactions is carried out on a reliable and durable medium on the server contracted by DRDA Art.
12. Competent jurisdiction
These conditions of purchase are subject to Spanish legislation therefore the sales transactions will be understood to be carried out at the address of DRDA Art.
The parties submit, at their discretion, the resolution of disputes and waiving any other jurisdiction, to the courts and tribunals of the user’s domicile.
Our liability
Subject to ‘Negligence etc.’, if we fail to comply with these terms and conditions, we shall only be liable to the Customer for the purchase price of the Products.
Subject to ‘Negligence etc.’, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
- loss of income or revenue;
- loss of business;
- loss of profits;
- loss of anticipated savings;
- loss of data; or
- waste of management or office time.
However, this clause will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded by categories (1) to (6) inclusive of this clause.
Negligence etc.
Nothing in this agreement excludes or limits our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the obligations implied by law
- defective products under the General Law for the Protection of Consumers and Users
- any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
13. Language
This contract is concluded in Spanish. DRDA Art may translate these terms, as well as the privacy policy, or any other operational rule, policy or procedure that may be published on the Website. However, the Spanish language version will prevail in the event of a conflict.
14. Comments and suggestions
Your comments and suggestions will be well received. Please send us any comments and suggestions via email at customer@drdashop.com.
Written communications: When using our site, you accept that communication with us will be electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Waiver
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. A waiver by us of any default will not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with ‘Written communications’ above.
Entire agreement
We intend to rely upon these terms and conditions, as well as any document expressly referred to in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
Changes to this agreement
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
You will be subject to the policies, terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us of the contrary within 7 working days of receiving the Products).
Severability
In the event that any term of this agreement is held to be unenforceable or invalid by judicial decree or decision, the remainder of this agreement shall remain valid and enforceable.
Misuse of our site
DRDA Art reserves the right to suspend or terminate any member’s account or open orders which are, or in our absolute discretion appear to be, in breach of any of the provisions of this agreement.
15. Alternative conflict resolution
In accordance with Regulation 524/2013 of the European Parliament and of the Council of 21 May 2013, a dispute resolution platform for online purchasing has been operational since 15 February 2016.
The objective of this platform is to facilitate an interactive Website and offer a unique point of attention to those consumers and merchants who want to resolve, out of court, disputes arising from online transactions in e-commerce. You can access the platform using the following link.
LEGAL NOTICE
1. Identification data
This Website is owned by DISSENY RUBIO, S.L. (hereinafter “DRDA Art” ) with CIF: B62697610 with address in Barcelona (08021) Calle Muntaner no 269 3º-1ª. Registered on the Commercial Register of Barcelona, Volume 34298, Folio 0126, Sheet 242080, Inscription 1a.
You can contact us via email at customer@drdashop.com.
2. Introduction
This legal notice regulates the use of the Website service www.drdaart.com.
The access to the Website indicated above, as well as the use of the services and content offered, is attributed to the person who performs them, under the condition of the user. By browsing this Website, you (hereinafter, User) agree to these Terms and Conditions and Legal Notice, committing to your compliance.
DRDA Art reserves the right to make without prior notice the modifications, suspensions, cancellations or restrictions, which it deems appropriate on the Website, being able to change the design, presentation or configuration of the Website, as well as the contents and services offered, the content of the legal notice and other conditions of use.
3. Object
This legal notice is intended to describe the legal conditions applicable to the access and use, by the User, of the information contained on the Website, as well as to comply with the obligations established in Law 34/2002, On Information Society Services and Electronic Commerce (LSSI-CE).
The User is informed, and accepts, that access to the Website does not imply, by itself, the beginning of a commercial or other relationship with DRDA Art. To contract services or products offered on the Website (including free services and promotions) you must use the channels enabled for this purpose, where acceptance of new legal, purchase or privacy conditions may be required.
4. Updating and accuracy of content
DRDA Art performs periodic reviews of the content and information published on the Website. However, these may not be exhaustive or continually updated, so DRDA Art assumes no responsibility for the lack of accuracy or up-to-date information, data or content published on the Website. DRDA Art also cannot control how the User uses the published information and therefore, will not be responsible for any damages, whether direct or indirect, that may arise from the use of such information.
DRDA Art is not responsible for the opinions and responses issued by third parties, whether through posts, social media posts, responses to public inquiries or comments on blogs, published both on the Website and any other Website linked to it, as well as on DRDA Art’s profiles on social networks.
DRDA Art performs exhaustive maintenance of the Website, so that access to the services and content is always available. However, the User agrees that there may be interruptions, scheduled to improve the performance of the page or similar, or for accidental reasons outside the control of DRDA Art.
5. Intellectual and industrial property
All elements of the Website, such as its programming, source code, texts, designs, presentation, assembly, logos, images, and any other element eligible for the protection of intellectual or industrial property rights, are the exclusive property of DRDA Art or have the required authorization or licence with respect to the holders of their usage rights. All trade names, trademarks or distinctive signs, logos, symbols, mixed, figurative or nominative marks appearing on this Website belong to DRDA Art or have, by prior authorization, the right to use them and are protected by current legislation in this regard.
Except for content in which another applicable licence is expressly established, DRDA Art does not grant any licence of use or authorization of its industrial and intellectual property rights or any other property or right related to the Website, unless expressly agreed by third parties. Users may reproduce the contents of the Website for the sole purpose of storing, backing up or printing them on paper for private use.
Apart from the above, any reproduction, distribution, transformation, presentation, whether total or partial of the content of the Website or any of its elements, whether directly or indirectly; by telematic networks or similar or analogous media; for commercial purposes addressed to the public or for any use beyond those mentioned; even when the source is mentioned, is forbidden without the express written authorisation of DRDA and, where applicable, of the third party collaborators. The following are particularly prohibited:
- The presentation of a page of the Website in a framework of another Website that does not belong to DRDA Art, using the technique called “framing” or similar technique, unless you have the express written consent of DRDA Art.
- The insertion of an image disseminated on the Website in a page or database, not belonging to DRDA Art, by means of the technique called “in line linking” or similar technique, if they do not have the express authorization of DRDA Art.
- The extraction and use of elements of the Website causing any damage to DRDA Art, in accordance with the provisions of Royal Legislative Decree 1/1996, of April 12, which approves the Consolidated Text of the Law on Intellectual Property and Law 5/1998, of March 6, on incorporation into Spanish law of Directive 96/9/EC on the Legal Protection of Databases.
DRDA Art must expressly authorise the establishment of hypertext links (hyperlinks) on another Website addressed to the homepage of this Website or to any other internal page of this Website, provided that the corresponding pages appear in a complete window and under the electronic addresses of the same.
Failure to comply with the above will empower DRDA Art to exercise any actions recognized by law for the defence of its legitimate interests.
6. Temporary information files
For the proper functioning and display of the Website, DRDA Art uses temporary information files that the server sends to the user’s computer. You can learn more about this in our “Cookies Policy”.
7. Links
The external links you may find on the Website lead to other Websites owned by third parties. DRDA Art is not responsible for the content of these sites and therefore does not guarantee their veracity or updating. The presence of these links on our Website is for informational purposes only and in no case implies suggestion, invitation, or recommendation of them.
8. Applicable law
These conditions are governed by Spanish law. For the resolution of any dispute or matter regarding the Website or these legal conditions will be resolved before the Courts and Tribunals of Barcelona. In the event that the User has the status of Consumer or User in accordance with the definitions of the Consolidated Text of the General Law for the Defence of Consumers and Users, the resolution of such possible disputes will be made before the Courts and Tribunals of the User’s domicile. If any of the clauses of this legal notice are declared null or void, in whole or in part, it will not entail the invalidity of the rest, while maintaining its validity if DRDA Art does not declare otherwise.
