1. GENERAL INFORMATION

The ownership of this website, ForgingArtBcn.com/shop, (hereinafter Website) is held by: David Claramunt Pou, provided with NIF: 44022233A, and whose contact details are:

Address: Ramon y Cajal Street 31 2nd 4th 08440 Cardedeu (Barcelona)
Contact phone: +34 651 563 077
Contact email: info@forgingartbcn.com

This document (as well as any other document mentioned here) regulates the conditions governing the use of this Website (ForgingArtBcn.com/shop) and the purchase or purchase of products and / or services in the same (hereinafter, Conditions).

For the purposes of these Conditions it is understood that the activity that ForgingArtBcn.com/shop carries out through the Website includes:

Sale and distribution of handicraft products.

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 policy of Privacy and data protection of ForgingArtBcn.com/shop. By using this Website or when making and / or requesting the acquisition of a product and / or service through it, the User consents to be bound by these Conditions and by all the aforementioned, so, if you do not agree with all of this, you should not use this Website.

Likewise, it is informed that these Conditions could be modified. The User is responsible for consulting them each time he accesses, browses and / or uses the Website since those that are in force at the time the purchase of products and / or services are requested will be applicable.

2. THE USER

The access, navigation and use of the Website, confers the condition of user (hereinafter referred to, indistinctly, individually as a User or jointly as Users), so they are accepted, since the navigation on the Site begins Web, all the Conditions established here, as well as its subsequent modifications, without prejudice to the application of the corresponding legal regulations of obligatory compliance according to the case.

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

- Make use of this Website only to make inquiries and purchases or purchases legally valid.

- Do not make any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it could be canceled and the relevant authorities informed.

- Provide truthful and lawful contact information, for example, email address, postal address and / or other information (see Legal Notice and General Conditions of Use). The User declares to be over 18 years of age and have the legal capacity to enter into contracts through this Website.

3. PURCHASE OR ACQUISITION PROCESS

Users can buy on the Website by the established means and ways. They must follow the online purchase and / or acquisition procedure of ForgingArtBcn.com/shop, during which several products and / or services can be selected and added to the cart, basket or final purchase space and finally click on "Confirm purchase ".

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

Next, the User will receive an email confirming that ForgingArtBcn.com/shop has received their order or request to purchase and / or provide the service, that is, the order confirmation. And, where appropriate, you will also be informed by email when your purchase is being sent.

Once the purchase procedure has been completed, the User consents that the Website generates an electronic invoice that will be sent to the User through email. Likewise, the User may, if he so wishes, obtain a copy of his paper invoice, requesting it from ForgingArtBcn.com/shop using the contact spaces on the Website or through the contact information provided above.

The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale that concern the product and / or service in question and that are shown next to the presentation or, where appropriate, image of it on its website, indicating, by way of example, but not exhaustive, and attending to each case: name, price, components, weight, quantity, color, product details, or characteristics, how they will be carried end and / or cost of benefits; and recognizes that the realization of the purchase or acquisition order materializes the full and complete acceptance of the particular conditions of sale applicable to each case.

Unless If expressly stated otherwise, ForgingArtBcn.com/shop is not the manufacturer of the products sold or that could be marketed on the Website. While ForgingArtBcn.com/shop makes great efforts to ensure that the information shown on the Website is correct.

The communications, purchase orders and payments that intervene during the transactions made on the Website could be archived and kept in the computerized records of ForgingArtBcn.com/shop in order to constitute a means of proof of the transactions, in in any case, respecting the reasonable conditions of security and the laws and regulations in force that apply in this regard, and particularly in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, concerning the protection of natural persons with regard to the processing of personal data and the free movement of this data (GDPR) and the rights that users attend in accordance with the privacy policy of this Website.

4. AVAILABILITY

All purchase orders received by ForgingArtBcn.com/shop through the Website are subject to the availability of the products and / or that no circumstance or force majeure (clause nine of these Conditions) affects the supply of the same and / or the provision of services. If there are difficulties regarding the supply of products or there are no products in stock, ForgingArtBcn.com/shop undertakes to contact the User and reimburse any amount that could have been paid as an amount. This will be equally applicable in cases where the provision of a service would become unworkable.

5. PRICES AND PAYMENT

The prices displayed on the Website are the final ones, in Euros, US Dollars and British Pounds (EUR, USD, GBP) and include taxes, unless, by legal requirement, especially regarding VAT, it is indicated and apply a different question.

Shipping costs are included in the final purchase prices as shown on the Website. Thus, ForgingArtBcn.com/shop performs delivery and / or shipping services through: Correos, Correos Express, UPS, Seur, TNT and DHL.

In no case will the Website add additional costs to the price of a product or service automatically, but only those that the User has voluntarily and freely selected and chosen.

Prices may change at any time, but possible changes will not affect orders or purchases with respect to which the User has already received an order confirmation.

Accepted payment methods will be: Credit or debit card, PayPal, Bank transfer, and Cash on delivery *.

* Only valid for national shipments at home or office with the state-owned company of Correos España.

ForgingArtBcn.com/shop 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 payment system SSL (Secure Socket Layer).

Credit cards will be subject to checks and authorizations by the issuing bank, if said entity does not authorize payment, ForgingArtBcn.com/shop will not be responsible for any delay or non-delivery and may not formalize any contract with the User.

Once ForgingArtBcn.com/shop receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the moment when the User is sent the confirmation of shipment and / or confirmation of the service that is provided in the form and, where appropriate, established place.

If the payment method is Paypal, the charge will be made at the time that ForgingArtBcn.com/shop sends a confirmation of the purchase order or purchase of products and / or services to the User. In any case, by clicking on "Confirm purchase" the User confirms that the payment method used is his own.

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

Through this payment method, the User must ensure that he correctly enters the exact amount of the purchase order, as well as the account number and the transfer reference. In case of error, Forgin gArtBcn.com/shop will not be able to validate the order, which will be canceled.

For payment on delivery, the User must select "Cash on Delivery" from the payment methods on the Website and continue until Confirm purchase to pass the purchase order. From that moment, ForgingArtBcn.com/shop reserves the right to contact the User in order to validate the purchase order with him. After this, the order will be prepared and made available for the management of your shipment.

Payment will be made at the time of delivery of the order to the carrier of the carrier. Payment will be made only in cash. The User agrees to deliver to the carrier the exact amount of the order, the latter cannot provide change.

For the return of the amount on orders paid for cash on delivery, ForgingArtBcn.com/shop reserves the right of 14 calendar days after the return is requested through the Website and the package has been returned to the carrier. When making the return, the User must indicate their bank details to receive the transfer corresponding to the requested refund of the amount to the returned order. The reimbursement of the amount of the orders paid for by the cash on delivery will be made only by transfer.

ForgingArtBcn.com/shop reserves the right to suspend payment by cash on delivery to those Users who have not fulfilled the necessary requirements in past orders.

6. DELIVERY

Except for those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, derived from the personalization of the products, the purchase order consisting of the products related in each purchase confirmation will be delivered within the period indicated in the Website according to the shipping method selected by the User.

If for any reason, which is attributable to you, ForgingArtBcn.com/shop could not meet the delivery date, you will contact the User to inform him of this circumstance and, he may choose to proceed with the purchase by establishing a new date of delivery or cancel the order with the full refund of the price paid. In any case, home deliveries are made on weekdays.

If it is impossible to deliver the order due to the absence of the User, the order could be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to make it be delivered again.

If the User is not going to be at the place of delivery in the agreed time slot, he must contact ForgingArtBcn.com/shop to arrange delivery another day.

In the event that 30 days have elapsed since your order is available for delivery, and has not been delivered for cause not attributable to ForgingArtBcn.com/shop, ForgingArtBcn.com/shop will understand that the User wishes to withdraw from the contract and This will be considered resolved. As a result of the termination of the contract, all payments received from the User will be returned, except for the additional expenses resulting from the User's own choice of a delivery method different from the less expensive modality of ordinary delivery offered by the Website , without any undue delay and, in any case, within a maximum period of 14 calendar days from the date the contract is considered terminated.

However, the User must keep in mind that the transport derived from the resolution may have an additional cost that may be passed on to him.

For the purposes of these Conditions, it will be understood that the delivery has occurred or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires the material possession of the products, which will be credited by signing the receipt of the order at the agreed delivery address.

The risks that may arise from the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when ForgingArtBcn.com/shop 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 it has place at a time after the full receipt of the amount subject to payment by ForgingArtBcn.com/shop.

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

In orders destined for the Canary Islands, deliveries will be exempt s VAT by application of the provisions of Law 37/1992, and Directive 2006/112, without prejudice to the application of the corresponding taxes and tariffs in accordance with the regulations in force in each of these territories. The User must take into account that in these territories there could be situations in which taxes and customs duties are applied and accrued at destination, in accordance with current regulations, and that these could run on their part.

For orders destined for the European Union, deliveries will apply Spanish VAT except those customers with intra-community VAT.

In orders outside the European Union, deliveries will be exempt from VAT, notwithstanding the application of the corresponding taxes and tariffs in accordance with the regulations in force in each of these territories. The User must take into account that in these territories there could be situations in which taxes and customs duties are applied and accrued at destination, in accordance with current regulations, and that these could run on their part.

7. TECHNICAL MEANS TO CORRECT ERRORS

It is made known to the User that in case he detects that an error has occurred when entering data necessary to process his purchase request on the Website, he may modify them by contacting ForgingArtBcn.com/shop a 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) .

In any case, the User, before clicking on "Confirm purchase", has access to the space, cart, or basket where their purchase requests are recorded and can make modifications.

In the same way, the User is referred to consult the Legal Notice and General Conditions of Use and, in particular, the Privacy Policy to obtain more information on how to exercise his right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and the free movement of these data (GDPR).

8. RETURNS

In the cases in which the User acquired products on or through the owner's Website, a series of rights assist him, as listed and described below:

Right of Withdrawal The User, as a consumer and user, makes a purchase on the Website and, therefore, assists him of the right to withdraw from said purchase within a period of 14 calendar days without justification. < / p>

This withdrawal period will expire after 14 calendar days of the day that the User or a third party authorized by him, other than the carrier, acquired the material possession of the goods acquired on the ForgingArtBcn.com/shop Website or in case 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 him, other than the carrier, acquired the material possession of the last of those goods that made up the same purchase order , or in the case of a service contract, 14 calendar days from the day of the conclusion of the contract.

To exercise this right of withdrawal, the User must notify ForgingArtBcn.com/shop of his decision. You may do so, where appropriate, through the contact spaces enabled on the Website or through:

Ramón y Cajal Street 31, 2nd 4th 08440 Cardedeu (Barcelona)

Phone At. Client: +34 651 563 077

Email: info@forgingartbcn.com

You can use this withdrawal form .

The User, regardless of the means he chooses to communicate his decision, must express clearly and unequivocally that it is his intention to withdraw from the purchase contract.

To meet the withdrawal period, it is sufficient that the communication that unequivocally expresses the decision to withdraw is sent before the corresponding deadline expires.

In case of withdrawal, ForgingArtBcn.com/shop will reimburse the User for all payments received, including shipping costs (with the exception of the additional costs chosen by the User for a shipping method other than the least expensive mode offered on the Website) without undue delay and, in any case, no later than 14 calendar days from the date on which ForgingArtBcn.com/shop is informed of the decision to withdraw by the User.

ForgingArtBcn.com/shop will reimburse the User using the same payment method that he used to make the initial purchase transaction to. This refund will not generate any additional cost to the User. However, ForgingArtBcn.com/shop may withhold such refund until it has received the products or items of the purchase.

The User can return or send the products to ForgingArtBcn.com/shop at:

Calle Ramón y Cajal 31, 2nd 4th 08440 Cardedeu (Barcelona) And you must do so without undue delay and, in any case, no later than within 14 calendar days from the date of ForgingArtBcn.com/ shop was informed of the withdrawal decision.

The User acknowledges that he must bear the direct cost of return (transport, delivery) of the goods, if any were incurred. In addition, it will be responsible for the decrease in the value of the products resulting from manipulation other than that necessary to establish the nature, characteristics and operation of the goods.

The User acknowledges knowing that there are exceptions to the right of withdrawal, as set forth in article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws. In an enunciative way, and not exhaustive, this would be the case of: customized products; products that can deteriorate or expire quickly; Music or video CDs / DVDs without their packaging, as factory sealed; products that are sealed for health or health reasons and have been unsealed after delivery.

In this same sense, the provision of a service that the User could contract on this Website is governed, since this same Law establishes that the Right of withdrawal to the Users will not assist when the provision of the service has been fully executed, or When you have begun, with the express consent of the consumer and user and with the recognition on your part that you are aware that, once the contract has been fully executed by ForgingArtBcn.com/shop, you will have lost your right of withdrawal. < / p>

In any case, no refund will be made if the product has been used beyond the mere opening of the product, of products that are not in the same conditions in which they were delivered or that have suffered any damage after delivery .

Also, products must be returned using or including all of their original packaging, instructions and other documents that accompany them.

Return of defective products or shipping error

These are all those cases in which the User considers that, at the time of delivery, the product does not conform to the stipulated in the contract or purchase order, and that, therefore, should contact with ForgingArtBcn.com/shop immediately and let you know the existing disagreement (defect / error) by the same means or using the contact information provided in the previous section (Right of Withdrawal).

The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period of time, if the reimbursement proceeds or, where appropriate, the replacement thereof.

The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming that the refund or replacement of the non-compliant item is appropriate .

The amount paid for those products that are returned due to a defect, when it really exists, will be fully reimbursed, including delivery costs and costs that the User may have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.

In any case, you will always be entitled to the rights recognized in the legislation in force at all times for the User, as a consumer and user.

Guarantees

In the case of defective product, ForgingArtBcn.com/shop will proceed to its replacement, repair, price reduction or termination of the contract, procedures that will be free for the consumer and user.

ForgingArtBcn.com/shop responds to any breaches of conformity that appear within two years of delivery.

The consumer and user must inform ForgingArtBcn.com/shop of the lack of conformity within two months of becoming aware of it.

9. EXEMPTION FROM LIABILITY

Unless otherwise provided by law, ForgingArtBcn.com/shop will not accept any responsibility for the following losses, regardless of their origin:

- any losses that were not attributable to any breach by you;

- business losses (including loss of income, income s, contracts, planned savings, data, loss of goodwill or unnecessary expenses incurred); or any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of the products between both parties was formalized.

Similarly, ForgingArtBcn.com/shop also limits its liability in the following cases:

- ForgingArtBcn.com/shop applies all measures concerning providing a faithful display of the product on the Website, however, it is not responsible for the minimum differences or inaccuracies that may exist due to lack of screen resolution, or browser problems used or others of this nature.

- ForgingArtBcn.com/shop will act with the utmost diligence in order to make available to the company responsible for transporting the product subject to the purchase order. However, it is not liable for damages arising from a malfunction of transport, especially for causes such as strikes, road retentions, and in general any other characteristic of the sector, resulting in delays, losses or theft of the product.

- Technical failures that due to fortuitous or other causes prevent the normal operation of the service through the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents having the service. ForgingArtBcn.com/shop puts all the means at its disposal in order to carry out the process of purchase, payment and shipping / delivery of the products, however, it is exempt from liability for causes that are not attributable to it, fortuitous case or force majeure.

- ForgingArtBcn.com/shop will not be responsible for the misuse and / or wear of the products that have been used by the User. At the same time, ForgingArtBcn.com/shop will not be responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product.

- In general, ForgingArtBcn.com/shop will not be liable for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond its reasonable control, that is, that due to force majeure, and this may include, by way of example, but not exhaustive: Strikes, lockouts or other claims. Civil commotion, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or war preparations. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster. Impossibility of using trains, ships, airplanes, motor transport or other means of transport, public or private. Inability to use public or private telecommunication systems. Acts, decrees, legislation, regulations or restrictions of any government or public authority. In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and ForgingArtBcn.com/shop will have an extension in the period to fulfill them for a period of time equal to the duration of the cause of force majeure. ForgingArtBcn.com/shop will use all reasonable means to find a solution that allows it to fulfill its obligations despite the force majeure.

10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User accepts that most communications with ForgingArtBcn.com/shop are electronic (email or notices published on the Website).

For contractual purposes, the User agrees to use this electronic means of communication and recognizes that any contract, notification, information and other communications sent by ForgingArtBcn.com/shop electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.

The User can send notifications and / or communicate with ForgingArtBcn.com/shop through the contact details provided in these Conditions and, where appropriate, through the contact spaces of the Website.

Similarly, unless otherwise stipulated, ForgingArtBcn.com/shop may contact and / or notify the User by email or at the postal address provided.

11. DISCLAIMER

No waiver of ForgingArtBcn.com/shop to a specific right or legal action or lack of requirement by ForgingArtBcn.com/shop of strict compliance by the User of any of its obligations will imply, nor a waiver of other rights or actions derived from a contract or the Conditions, nor will it exonerate the User from fulfilling its obligations.

No waiver of ForgingArtBcn.com/shop to any of these Conditions or to the rights or actions derived from a contract will result in In effect, unless expressly stated that it is a waiver and formalized and communicated to the User in writing.

12. NULLITY

If any of these Conditions were declared null and void by a final resolution issued by the competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.

13. COMPLETE AGREEMENT

These Conditions and any document referred to expressly in these constitute the entire agreement existing between the User and ForgingArtBcn.com/shop in relation to the object of sale and replace any other agreement, agreement or previous promise agreed verbally or in writing by the same parties.

The User and ForgingArtBcn.com/shop acknowledge having consented to the conclusion of a contract without relying on any declaration or promise made by the other party, except as expressly mentioned in these Conditions.

14. DATA PROTECTION

The information or personal data that the User provides to ForgingArtBcn.com/shop in the course of a transaction on the Website, will be treated in accordance with the provisions of the Privacy Policy or data protection (contained , where appropriate, in the Legal Notice and General Conditions of Use). By accessing, browsing and / or using the Website, the User consents to the processing of said information and data and declares that all the information or data provided is true.

15. APPLICABLE LEGISLATION AND JURISDICTION

The access, navigation and / or use of this Website and the contracts for the purchase of products through it will be governed by Spanish law.

Any controversy, problem or disagreement that arises or is related to the access, navigation and / or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between ForgingArtBcn.com/shop and the User.

These General Conditions are governed by Spanish law. The parties submit, at their option, for the resolution of conflicts and waiving any other jurisdiction, to the courts and tribunals of the user's domicile. Also, as an entity attached to Confianza Online and in the terms of its Code of Ethics , in case of disputes related to online contracting and advertising, data protection and protection of minors, the user may go to the extrajudicial resolution system of Online Trust controversies.

16. COMPLAINTS AND CLAIMS

The User may send ForgingArtBcn.com/shop their complaints, claims or any other comments that they wish to make through the contact information provided at the beginning of these Conditions (General Information).

In addition, ForgingArtBcn.com/shop has official complaint forms available to consumers and users, and they can request them from ForgingArtBcn.com/shop at any time, using the contact information provided at the beginning of These Conditions (General Information).

Also, if a purchase agreement between ForgingArtBcn.com/shop and the User emanates a dispute, the User as a consumer may request an out-of-court dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council, of May 21, 2013, on the resolution of online litigation in matters of consumption and amending Regulation (EC) 2006/2004 and Directive 2009/22 / EC. You can access this method through the following website: http: // ec. europa.eu/consumers/odr/ .

Last modified: November 16, 2019