TERMS AND CONDITIONS OF SALE

The following Terms and Conditions of Sale apply to the use of this website and describe the legal responsibilities between DRDA Shop  (also 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

Pursuant to article 10 of Law 34/2002, of July 11, Services of the Information Society and Electronic Commerce, DRDA Shop (also 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 this. 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 this second case, the Customer expressly declares sufficient power to such representation. DRDA Shop may not fulfill order requests or cancel customer accounts when the data provided is inaccurate, false or incomplete.

2. Product coverage

The products and services offered are distributed all over the world.

3. Information and data

DRDA Shop 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 Shop 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 was an error outside the will of DRDA Shop, it would be immediately corrected.

4. Description of products and services

The website offers:

  • Art Prints
  • Design products
  • Training (Online Courses, eBooks or Templates)

Each product can be accompanied by one of the following data:

  • Item name
  • Product images
  • Item description
  • Materials
  • Price (in Euros and with VAT included where applicable)

DRDA Shop has tried to display the colors of the products as close to reality as possible. However, the colors of the products that appear on the screen may be subject to variations depending on the type of the computer monitor. In this sense, DRDA Shop cannot guarantee that the colors that appear on your monitor will fit faithfully to 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 in limited-edition pieces that truly speak our passion-first and inclusive ethos and reflect our modern vision of today’s art. Every print is numbered, signed by the artist and accompanied by a certificate of authenticity to verify it is genuine.

We take care over every last detail from our Barcelona-atelier, from choosing the finest-grade, museum-quality acid-free papers that meet longevity requirements of galleries and museums and ensure consistency of shades for over 200 years, to printing with the highest-quality and cutting-edge 12-color printing technology to deliver you an artwork with unrivalled quality that can speak 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, where a product’s correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on our site, 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 unmistakable and could have reasonably been recognized by you as an error.

5. Buying procedure

  1. The items you wish to purchase must be selected and added to the shopping cart by clicking on the corresponding “Add to cart” button.
  2. The shopping cart will contain the reference of the selected item, its name, photograph, unit price, quantity, and price (taxes included, depending on the country).
  3. 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 Shop.
  4. Once the purchase order has been completed, and before the shipment of the order, a summary will be presented identifying the item(s) purchased and its total price (transportation and taxes included). Any Customs and Tax expenses for orders that are the responsibility of the customer and shipping data are not included. 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.
  5. Once the transaction has been confirmed, the order number will be communicated to the customer by email. Failure to receive this message may be due to a transient network communications issue or a typing error in the communicated email address. In both cases, it is advisable to contact DRDA Shop at customer@drdashop.com
  6. DRDA Shop 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 do not include shipping costs. Shipping costs will be added to the total cost of the order, depending on the item and the delivery location. They are calculated automatically in our e-store and 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 Shop informs users that the data that Customers provide through the Payment platform is not stored under any circumstances and is only stored while the payment is processed. To ensure the best security for the Customers of the website, DRDA Shop reserves the right to request identification documents and the payment method used by the Customer to deliver the purchased products. These proofs of identity can be requested by DRDA Shop.

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.

7. Import Duty

Please note that customs duties and taxes for foreign orders are the responsibility of the buyer to pay.

If you order Products from our site for delivery outside of Spain, they may be subject to import duties and taxes that are charged when the delivery arrives at the specified destination. You will be responsible for the payment of such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for more information before placing your order.

Please also note that you 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 you of such laws.

8. Essential Procedures for Customer

Procedure for accepting the package

  1. Before accepting the package from the carrier, it is necessary that the Customer verifies that the box is not damaged.
  2. If the package appears to be damaged, the Customer should follow the instructions in the “Damaged Packages” section.
  3. If it is not damaged, the Customer must sign for it.

Procedure for handling your artwork

Due to the exclusive and delicate nature of our artworks, works must by handled with great care to preserve their quality and lifespan. Please handle in accordance with the following care instructions:

Important: Gloves must always be worn to handle works to prevent fingerprints, nail marks and damage from moisture and oils from the skin. 

  1. Open the box and extract the tube containing your print and the white cotton art-handling gloves affixed to the inside of the lid.
  2. Carefully detach the envelope containing the certificate of authenticity from the outside of the tube. The certificate can be stored safely on the reverse of your print when framing or kept separately.
  3. Put on the gloves and remove the work from the tube with care.
  4. Unroll the print and weigh it down flat with books or a weight before framing.
  5. If you are not framing your print immediately, store in the original packaging.
  6. Keep your print away from direct sunlight, humidity and heat to ensure it remains in pristine 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 substitute products of equal or higher quality and value that you may order. 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, 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 (without limitation) 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 fulfill 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 fulfill 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 Shop.

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 Shop.

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 you 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:

  1. loss of income or revenue;
  2. loss of business;
  3. loss of profits;
  4. loss of anticipated savings;
  5. loss of data; or
  6. 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 Shop 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 above, 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 through our contact form or by e-mail.

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 ‘Notices’ above.

Entire agreement

We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorized 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 and 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 to the contrary within 7 working days of receipt by you of 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 Shop reserves the right to suspend or terminate any member’s account or open orders which are, or appear to us in our absolute discretion, 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 Shop” or “DRDA Art”) with CIF: B62697610 with address in Barcelona (08007) Calle Valencia no 229 1º-1ª. Registered on the Commercial Register of Barcelona, Volume 34298, Folio  0126, Sheet  242080, Inscription 1a.

You can contact us via email 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 our services and content, which they are offered, attribute to the person who performs them, 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 Shop 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, and 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 Shop. 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 Shop performs periodic reviews of the content and information published on the Website. However, these may not be exhaustive or continually updated, so DRDA Shop assumes no responsibility for the lack of accuracy or up-to-date information, data or content published on the Website. DRDA Shop 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 Shop 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 Shop’s profiles on social networks.

DRDA Shop 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 Shop.

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 Shop or have the required authorization or license with respect to the holders of their exploitation rights. All trade names, trademarks or distinctive signs, logos, symbols, mixed, figurative or nominative marks appearing on this Website belong to DRDA Shop 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 license is expressly establish, DRDA Shop does not grant any license 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, total or partial, of the content of the Website or any of its elements, directly or indirectly by telematic networks or similar media, for a commercial purpose addressed to the public or for a use beyond those mentioned, even quoting the source, provided that the express written authorization of DRDA Shop and, where applicable, the third parties collaborates is not available. 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 Shop, using the technique called “framing” or similar technique, unless you have the express written consent of DRDA Shop.
  • The insertion of an image disseminated on the Website in a page or database, not belonging to DRDA Shop, by means of the technique called “in line linking” or similar technique, if they do not have the express authorization of DRDA Shop.
  • The extraction and use of elements of the website causing any damage to DRDA Shop, 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 Shop must expressly authorize 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 Shop to exercise any actions recognized by law for the defense of its legitimate interests.

6. Temporary information files

For the proper functioning and display of the Website, DRDA Shop 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 Shop is not responsible for the content of these sites by not guaranteeing 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 Defense 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 Shop does not declare otherwise.

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