Terms and conditions of purchase
1. Information about the Works
1.1. Qué pintamos en el Mundo offers a service for buying and selling original works of art through our website, accessible at www.quepintamosenelmundo.com (the “site” or the “web”). The descriptions of the “original works of art”, (from now on, “the works”) offered on the Website are made based on the information and documentation provided by the suppliers and collaborators of Qué pintamos en el Mundo. The photographs, graphic or iconographic representations and videos relating to the Works, as well as trade names, trademarks or distinctive signs of any kind contained on the Website are intended to provide as much information as possible to the Client.
1.2. In the event that, due to circumstances of force majeure or due to an incident attributable to Qué pintamos en el Mundo, the Work is not available after the purchase has been made, Qué pintamos en el Mundo will inform the Client by email of the total or, where appropriate, partial cancellation of the order. In the case of total cancellation, the total amount of the order will be refunded and in the event of partial cancellation, only the price of the Works or Services not available will be refunded. .
1.3. The user understands and agrees that Qué Pintamos en el Mundo makes commercially reasonable efforts to display the colors of original works of art, digital works and printed works with the greatest precision through the Website. However, since the color may vary depending on the device, monitors or operating system that the user uses, the color of the displayed work may vary from the original color. Therefore, Qué pintamos en el Mundo is not responsible for the accuracy of the colors of the original, digital or printed works of art that appear on the Website and disclaims all liability in this regard..
1.4. The Client, prior to the purchase of the Work, must accept the particular conditions (including, without limitation, compliance with any established terms and conditions, rates and reservations). The provisions contained in these Conditions of Use and Sale may be modified according to the corresponding particular conditions of sale of the Work. In the case of conflict or contradiction, the particular conditions of sale will prevail over these Conditions. Consequently, the Client must read carefully, in addition to the Conditions, the particular conditions of sale, which will be understood to be accepted when the Client proceeds to purchase the Work.
2. Precios de las Obras
2.1. The prices of the Works offered through the Website do not include VAT. Neither do the prices include the shipping costs of the Works. These are detailed in the payment process and must be accepted by the Customer at the time of the order request.
In purchases made to or from the Canary Islands, VAT will be automatically deducted from the Works at the time of purchase.
2.2. The information on the price comparisons and the discounts applied to the Works that appear on the Website in the purchase process are calculated using the information provided by the suppliers of Qué pintamos en el Mundo, where appropriate, using the prices established by Qué pintamos en el Mundo at the points of sale.
2.3. Qué pintamos en el Mundo reserves the right to modify its prices at any time. The Works will be invoiced at the price in effect at the time the order is registered.
3. Purchase of Works and formalization of orders
3.1. The purchase of Works by the Client through the Website is carried out following the procedure established in the “Order Form” section.
3.2. Qué pintamos en el Mundo will send an email to the Client’s email, within twenty-four (24) hours after the Client receives the formalization of the order, confirming the purchase made. The ordering of Works and, therefore, the contract will be understood to be formalized and perfected at the moment of receipt by Qué Pintamos en el Mundo of the payment of the price.
4. Payment of the Works
4.1. The payment of the price and the shipping costs of the Works acquired through the Website is made at the time in which Qué pintamos en el Mundo sends an email acknowledging receipt and confirmation of the purchase to the Client’s email.
4.2. The proof of purchase corresponding to the order of Works will be available and can be viewed in the section “My account (or username): My purchases”. From this section the Customer can also download the order invoice from this section. The Client must make the payment by credit or debit card Visa, Mastercard, American Express, Visa Electron and / or other similar cards..
4.3. The Client must notify Qué pintamos en el Mundo, through the Contact section, of any improper or fraudulent charge on the card used for purchases on the Website, in the shortest time possible, in order that Qué pintamos en el mundo can take the steps it deems appropriate.
4.4. Qué pintamos en el Mundo has the highest commercially available security measures in the sector. Likewise, the payment process works on a secure server using the SSL (Secure Socket Layer) protocol. The secure server establishes a connection so that the information is transmitted encrypted using 2048-bit algorithms, which ensure that it is only intelligible for the Client’s computer and that of the Website. In this way, by using the SSL protocol guarantees::
a. that the Client is communicating their data to the server center of Qué pintamos en el Mundo and not to any other.
b. that between the Client and the server center of Qué pintamos en el Mundo the data is transmitted encrypted, avoiding its possible reading or manipulation by third parties..
Likewise, Qué pintamos en el Mundo states that it does not have access to or stores sensitive data regarding the means of payment used by the Client.
Only the corresponding payment processing entity has access to this data for the management of payments and collections. Once the purchase process is completed, an electronic document is generated in which the contract is formalized and that the Customer can print and which is filed in the “My Account: Orders” section.
4.5. For its part, Qué pintamos en el Mundo, ensuring the safety of its Clients and the transactions they carry out through the Qué pintamos en el Mundo Website, informs its Clients that it has implemented a program to detect possible fraudulent operations, so Qué pintamos en el Mundo reserves the right to request additional information, confirmations and/or documents from Customers, even after having made one or more purchases through the Website, by means of a direct telephone call or email to the number or account provided by the Client himself, in order to confirm that the Client has actually made and authorized said purchase(s) and/or that the delivery or return of the same had been made correctly and thereby to definitively authorize the respective transaction (s), within which, but not limited to, What we paint in the world can formulate by telephone various checks on the identity of the Customer, or request: (a) a written confirmation and authorization signed by the Customer responsible for the respective purchase(s); and (b) a copy of the valid official identification and photograph of the Client to confirm their identity. What we paint in the world is obliged to protect said information and documents with the highest security measures at its disposal, in terms of the provisions of the Personal Data Protection Law in force.
In the event that the Client does not respond favorably or does not deliver the documentation and information requested to Qué pintamos en el Mundo within 48 hours from the call or the sending of the email, the transaction(s) detailed in said communication and the respective order(s) may be canceled automatically, without the need for further notice, or responsibility for Qué pintamos en el Mundo for the safety of the Client, and Qué pintamos en el Mundo will proceed with the automatic reimbursement of the amount(s) paid by the Client regarding said purchase(s).
Said procedure is for the safety of the Clients of Qué pintamos en el Mundo and therefore, the Client, by accepting these Conditions, agrees to submit to the procedure of detection of possible fraudulent operations referred to above, without responsibility for Qué pintamos en el Mundo and the in the same way, it authorizes Qué pintamos en el Mundo so that, once the Client provides the aforementioned additional information and documents, these may be used for future transactions that the Client carries out. .
5. Cancellation and extension of orders
5.1. Clients may cancel or extend the orders accepted and confirmed by Qué pintamos en el Mundo as long as the particular conditions of the work in question allow it. This information will be provided to the Client in the information on each work. Cancellations or order extensions will not be accepted if the order is “in preparation”. If the Client wishes to cancel an order in these cases, he must proceed to return it, as indicated below..
5.2. In the case of buying works by different artists, all orders can only be jointly canceled if all works allow it. The cost of expanding an order will be specified for each particular case.
5.3. To cancel or extend the order, the Client must follow the procedure established in the section “My account: Orders”. Requests for cancellation or extension of orders via email will not be accepted.
5.4. Qué pintamos en el Mundo reserves the right to cancel orders in the cases and in accordance with the terms and conditions indicated in the “Payment of Works” section of these Conditions.
6. Delivery of the Work
6.1. Place of delivery
Qué pintamos en el Mundo undertakes to deliver the Product in perfect condition to the address indicated by the Customer. In order to optimize the delivery process, the address indicated by the Customer must be an address where delivery can be made within normal business hours.
If at the time of delivery of the Product at the indicated address, the Customer is absent, the carrier will leave a notice indicating how to proceed to arrange a new delivery. If, after ten (10) calendar days from the date of the notice, the Client has not contacted the carrier to arrange a new delivery date, the Works will be returned to Qué pintamos en el Mundo and the Client will be responsible for of the shipping and return costs, as well as the possible associated management costs.
Qué pintamos en el Mundo will not be responsible for errors or damages caused in the delivery when the delivery address entered by the Client does not match the place of delivery desired by the Client.
Qué pintamos en el Mundo will be able to make the delivery of the same order of Works in several deliveries of different dates.
At the time of delivery of the order, the Customer must show their identification document to the carrier, sign the delivery note and request a copy of it from the carrier.
6.2. Delivery terms
Qué pintamos en el Mundo will inform the Client, before the end of the purchase process, of the delivery period.
Qué pintamos en el Mundo does not deliver Works on Saturdays, Sundays, or national, regional and local holidays.
Qué pintamos en el Mundo will inform the Client, by sending an email to their email, of the date of departure from the artist’s workshop of the corresponding Work(s) and the contact information of the transport company that is going to make the delivery.
Delivery is considered completed from the moment in which the Work has been made available to the Client at the place of delivery indicated by the Client.
The risk of the Works (among others, loss, impairment or theft) will pass to the Client from the moment the order for the Works has been made available to the Client in accordance with the provisions of these Conditions..
7. Return of Works
7.1. Right of withdrawal
The Client will have a maximum period of fourteen (14) calendar days from the delivery of the Work to withdraw, totally or partially, from the purchase of the Work, in accordance with the applicable legislation. Once the period of fourteen (14) calendar days has expired, Qué pintamos en el Mundo will not accept refunds for the withdrawal of purchases of Works.
The Client will not have the right to withdraw in the cases established in the applicable regulations and, especially, with an enunciative and non-limiting nature, in the following cases:
(i) Works made according to the Customer’s specifications or clearly personified;
(ii) Digital work, sound or video recordings, computer programs, works unsealed by the Client, as well as computer files, supplied electronically, capable of being downloaded or reproduced immediately for permanent use;
(iv) Publicaciones periódicas y revistas.
The Work must be in the same state in which it was delivered and must keep the instructions, documentation, accessories and, as far as possible, its original packaging and labeling. The return to What we paint in the World must be done using the same box or envelope used in the delivery or, failing that, in a similar format that guarantees the return of the Works in perfect condition. The Works return delivery note must be included in the package.
Once the Customer has completed the return procedure established in the “My Account” section, Qué pintamos en el Mundo will schedule the collection of the Works and will inform the Customer by email of the date and time when such collection will take place.
Notwithstanding the above procedure, the Customer may also exercise their right of withdrawal by using the withdrawal form found in the section “Help: How can I return a product?”
Qué Pintamos en el Mundo will not be responsible for the costs and direct expenses incurred by the Client for those returns of Works in the exercise of the right of withdrawal, therefore the Client will assume the shipping costs for return.
7.2. Refund of the price of the Works to the Client
In the event of exercising the right of withdrawal, the Client will be entitled to a refund of the price of the returned Works, in addition to the ordinary shipping costs (the difference in express shipping costs is not included), provided that the returned Works are in the same condition in which they were delivered, have not been used (except for what is necessary to verify their adequacy with that expected), washed, damaged, unsealed in the case of sound or video recordings, discs, computer programs, altered, copied or lost before reaching the premises of Qué pintamos en el Mundo or the requirements established in these Conditions have not been met. Return shipping costs will not be reimbursed.
Qué pintamos en el Mundo will check the adequacy of the returned Work, reserving the right to not make the refund if it detects that the acquired Work and the returned one do not coincide or that the return has not been made in accordance with these Conditions.
Partial returns of an order will result in refunds of the price and partial shipping costs. Shipping costs will be returned in proportion to the value of the returned product. Qué pintamos en el Mundo will manage the order for the return of the price and shipping costs through the same payment system used by the Client for the acquisition of the Works, within a period of forty-eight (48) hours from the confirmation of arrival at the artist’s workshop of the returned order and, in any case, within a period not exceeding 14 calendar days after the Client communicated his withdrawal. The application of the refund of the price and shipping costs on the Customer’s account or card will depend on the card and the issuing entity. The terms of application of the refund of the price will be up to seven (7) calendar days for debit cards and up to thirty (30) calendar days for credit cards.
7.3. Return of defective Works
The Client will be entitled to reimbursement of the price, shipping costs and transport costs for the return of defective Works or the Works delivered if they do not correspond to the order placed by the Client, in accordance with applicable legislation. and these Conditions.
In these cases, the return to Qué pintamos en el Mundo of Works may be made in the manner established in section 7.1. or by contacting the Customer Service department in the “Help” section. In the event of the return of defective Works, or those that do not correspond to the order placed by the Client, Qué pintamos en el Mundo will be responsible for the transport costs of returning the Works, as long as the return is made from within the Territory.
8. Partial nullity
In the event that any Clause of these Conditions is declared void, the other Clauses will remain in force and will be interpreted taking into account the will of the parties and the purpose of said Conditions. The non-exercise by Qué pintamos en el Mundo of any right derived from these Conditions shall not be construed as a waiver of said right, unless expressly waived in writing by Qué pintamos en el Mundo prescription of the action that in each case corresponds.
9. Communications between Qué pintamos en el Mundo and the Client
All communications between Qué pintamos en el Mundo and the Client regarding these Conditions or the acquisition of the Works through the Website, will be made in writing through the “Help” section, and in accordance with the established communication procedures in these Conditions of Use and Sale for each particular case, through the Help section. In addition to the “Help” section, Qué pintamos en el Mundo also makes available to the Client the contact email firstname.lastname@example.org.
The Client may also send physical communications to Qué pintamos en el Mundo as long as these are sent to the address of Qué pintamos en el Mundo indicated in the LEGAL NOTICE and are made in writing and through a system that allows, on the part of Qué pintamos en el Mundo, the content and reception of the corresponding communication to be accredited.
10. Integrity of the Conditions of Sale
These Conditions of Sale and the contract that documents the acquisition by the Client of the Works or Services constitute the express and sole will of Qué pintamos en el Mundo and the Client in relation to its object, and invalidates and replaces any other agreements or contracts , verbally or in writing, reached by the parties previously. Any modification of these Conditions of Sale or of the contract that documents the acquisition of the Works or Services must be made in writing and by mutual agreement between Qué pintamos en el Mundo and the Client.