1. General conditionsThe terms set out in this document are the conditions that will govern the purchase/sale relationship between the online shop of La Museoteca, S.L., with address at Calle de la Reja, 2, Madrid, 27802, and Fiscal Identification Number: B86074200 (hereinafter the "Seller") and the Buyer.
The Seller explicitly refuses to be governed by other conditions relating to the orders made by the Buyer that do not conform to the conditions set out in this document. The acceptance of these conditions by the Buyer shall be regulated by:
(a) The acceptance of these conditions online when making a purchase by clicking on the button assigned for this purpose, which contains the text "I have read and accept the conditions of sale" If the Buyer does not click on this button, he/she will not be able to continue with the purchase.
(b) Alternatively, the signing by the Buyer of a copy of this document that has been sent to him/her.
(c) Alternatively, and implicitly with the reception by the Buyer of the goods he/she has ordered.
No changes may be made to these conditions without the express written consent of both parties.
2. Products offered for sale and prices(a) The product is offered for sale in perfect conditions of use, just as it is offered to the Seller by its original producer, unless due to the particular artistic or handicraft nature of the product or any other characteristic expressly indicated in the information provided about the product there are reasons that prevent this.
(b) The price of the product is indicated in the fact sheet on the product, and under no circumstances includes shipping or packaging costs. The shipping costs charged for each order include packaging costs.
(c) Prices include Spanish sales taxes, but do not include other local taxes or costs arising from the importing of the product by the Buyer into any other country. The Buyer declares that he/she is aware of this and of the specific conditions applying in the country to which the order he/she has made will be sent, and accepts the payment of said taxes and costs to the authorities or intermediaries that may demand them separately from the total amount paid on the sales transaction entered into with the Seller.
(d) The prices indicated for the products and services only include those relating to the purchase of the specific good or service on offer and under no circumstances include the rights to industrial property, intellectual property (reproduction, public broadcasting, etc...) or copyright on these or other works on which they may be based.
3. Payment ConditionsThe Seller will only consider as firm sales those sales for which payment has been made by the Buyer prior to dispatch and reception by way of one of the methods of payment offered for this purpose.
4. Shipment, conditions in the event of loss or damageFor each order the Buyer pays the total price of the goods ordered and shipping and packaging costs that include the insurance offered by the shipping company. In the event of loss or damage the Buyer may be entitled to compensation. Said compensation will be subject to the Buyer making the relevant claim to the Seller, and the Seller making a claim to the company responsible for shipping, and will only be effective in the event of a response from said company accepting responsibility for this loss or damage and once payment of compensation has actually been made by said company, in accordance with the conditions of the insurance included in their services. The Seller will inform the Buyer on request as to the conditions of the loss insurance applicable on each of the various shipping options on offer. In any case, the Buyer accepts these conditions.
5. DispatchThe Seller will do everything possible to meet the dispatch and delivery times indicated on this website for each country. Nonetheless the Buyer accepts that all these shipping times are just an approximate indication and may vary according to the specific circumstance of the size of the order, the destination, the particular circumstances of the company responsible for shipping and delivery (including negligence on the part of said company), and other reasons beyond the control of the Seller.
Custom taxes, sales taxes, VAT, etc... and other charges might be applied upon arrival to the country of destination if outside the EU.
6. ReturnsReturns of products sold, except in the cases and conditions provided under "8. Guarantees" of this document, will not be accepted.
The acceptance by Seller is subject to shipment of the products to the Seller, at the risk of Buyer, and the subsequent evaluation and compliance by Seller of the reasons that Buyer had declared for return. For this and only in the case of returns from manufacturing defects of products, the Buyer shall communicate that fact to the Seller during the six (6) months from the date of sale (or during the warranty period the manufacturer has stipulated for that product) and will only be acceptable if in addition to the conditions already described, the products returned will find clean, with no signs of wear and tear and accompanied by its packaging and / or original accessories. Shipping costs of products returned by Buyer to Seller and possible customs fees, sale or other expenses incurred shall be borne by the Buyer.
The seizure by third parties, destruction or deterioration of the products purchased by Buyer after sending them by Seller for reasons beyond his responsibilities will be subject to the conditions corresponding to the chosen method of shipping insurance and Seller in any case may be considered part responsible for that circumstance.
7. CancellationsAll sales are final and may not be cancelled once payment by credit card has been made.
If the Buyer wishes to cancel an order after this stage, and should the Seller accept this cancellation, the Seller will charge the Buyer a cancellation charge of 5% of the total for the order and any shipment, customs, packaging and similar costs that may have been caused by this cancellation.
8. Guarantee(a) With the exception of the particular conditions set out in this document, the Seller guarantees that the products on offer are:
1. Free of defects of form, impairment or manufacturing defects during the period stipulated by the manufacturer of the product as a guarantee, or failing this for 6 (six) months after sale.(b) This guarantee is the only guarantee offered by the Seller and the Seller will not accept claims for any other guarantee in relation to the products sold. This guarantee is non-transferable and applies only to the products subject to the purchase-sale transaction between the Seller and the Buyer.
2. In a suitable condition to provide the use for which they were designed during the period stipulated by the manufacturer of the product as a guarantee period or failing this for 6 (six) months after sale.
(c) These conditions will only apply when the Buyer notifies the Seller as to any defects that he/she may have found in the product within six months of the date of dispatch of the products. The Seller will authorize the return of the product so as to examine it. If after said examination, the Seller finds that the defects are not due to the use of the product, that the product has been returned in the conditions described above, that it has not been repaired or modified in any way, been involved in an accident or been used incorrectly, and if finally in the opinion of the Seller, the defect was produced by causes prior to the dispatch of the product to the Seller, then the Seller will make a refund, replacement or refund in the form of a credit note.
(d) All products that the Buyer considers as defective must be returned to the Seller only after first receiving authorization to this effect from the Seller and always with the shipping, customs and other similar costs being paid by the Buyer, who will accept the risk of loss or mislaying of the goods being returned during the dispatch.
(e) If after examination of the goods, the Seller finds that there is not sufficient cause for making a refund, replacement or refund in the form of a credit note, the product will be made available to the Buyer in the offices of the Seller who, after the Buyer has paid the relevant shipping and packaging costs, may send it back to him/her. In addition to this, if given the particular circumstances the examination or return process were to produce any cost for the Seller, the Seller will be able to claim payment of this cost from the Buyer before sending the goods that were examined back to him/her.
(f) Confiscation by third parties, destruction or impairment of the products purchased by the Buyer that occurs subsequent to the dispatch thereof by the Seller for reasons beyond its control will be subject to the insurance conditions applicable for the particular dispatch method selected, and under no circumstances may the Seller be considered responsible for this situation.
9. Subrogation rightsThe Seller may designate third parties for the total or partial subrogation of the rights and duties set out in these conditions providing that these conditions are not altered as a result.
10. ErrorsAny typing or spelling mistakes in this document will not affect the validity thereof.
11. Applicable LawsThis agreement is subject to the laws of the Kingdom of Spain and to the Courts of Madrid (Spain). By virtue hereof the Buyer accepts this jurisdiction as the only competent jurisdiction for litigation or claims arising from the present document.
12. Limitation of responsibility(a) The Seller will not be subject to any claims for loss, delays or damage to the products caused by force majeure or by causes beyond the effective control of the Seller including but not limited to delays caused by the shipping company, strikes, fire, terrorist attacks, wars or earthquakes.
(b) The liability of the Seller for breach or in relation to this document will be limited to the repair or replacement of the products that have been shown to be defective, or in the event of repair or replacement being impossible, or by decision of the Seller, the refund of the purchase price of said products. In no case may the Seller be held liable for the purchase of a replacement product or for repair costs incurred by the Buyer. In the same way the Seller will not be liable for other harm or damage caused to the Buyer or to third parties, including but not limited to loss of earnings among other things.
13. Substitutions and modificationsThe Seller may substitute or change the characteristics of the products on offer providing that these changes do not affect the product characteristics described in the fact sheet for each product or their original function and performance.