1. Identification of the owner and general information

These Terms and Conditions regulate the access and use of the website www.arcatart.com (hereinafter, the Website or Arcatart) with registered office at 2609 Collins Ave, Miami Beach, Florida, Zip 33140.

Arcatart offers this website subject to these Terms and Conditions. By visiting the website or using the services or applications on the website, the user accepts these Terms and Conditions.

User registration will not be required to access the website, nor will it be necessary to contract any of the services offered by Arcatart. Yes, the user will be required to accept these conditions before making the payment.

Through the website, Arcatart offers Users unique handcrafted pieces from different countries.

These Arcatart Terms and Conditions described below define the rights and obligations of Arcatart and the Users within the framework of the Website. These are the only Terms and Conditions applicable to the use of the website (without prejudice to the fact that for certain services there may be particular conditions) and to the contracting of orders through the website and they replace any other conditions, unless prior agreement and in writing between Arcatart and the User.
 

2. User Data

In order to acquire the products offered through the Website, it will not be necessary for the User to register through the available registration form, however, if you wish to save your address data and payment information, you can do so by registering an account on our site. Web.

The User will be responsible for maintaining the confidentiality of the data and information provided and for restricting access to their computer and their access codes to avoid possible unauthorized uses.

In the event that the User has reason to believe that their data has been made known to a third party, or if they have been used in an unauthorized manner, or are likely to be, they must notify Arcatart of this situation immediately via email.

The User must verify that their data is correct and complete and inform Arcatart when there is any variation and / or modification in the information provided in the purchase process.

 

3. Orders and conditions of sale

The services and products offered through the Website are intended for the purchase by Users of handcrafted pieces under the Arcatart platform.

In order to contract an Arcatart order, the User must be over 18 years of age.

To place orders through the Website, the User must provide a series of data prior to contracting, through the purchase form, and which will be necessary to manage their purchase order.

 

4. Price, payment method and discount codes

Once the details of the purchase form have been completed, the User must proceed to pay the order through the means of payment specified on the Website.

After the payment is made, the User will receive an order confirmation e-mail, which will include a summary of the items purchased, the requested shipping method and the destination address.

If at the time of payment there is an incident that prevents payment, the User will receive an automatic payment error message and their order will not be processed until the payment process is successfully completed.

The prices of the services are expressed in Euros (€), including management and shipping costs, the amount of which will be indicated at the time of final confirmation of each order.

All the prices shown are final prices, the Value Added Tax (VAT) being expressly included, without prejudice to the fact that the user will have detailed information on the price of the product at all times. Special taxes corresponding to the Client's country of residence are not included.

Arcatart may periodically offer discount codes to its Users. Said discounts may only be applied in accordance with the instructions specified by Arcatart with respect to each code, and in any case Users may only use a single code per order.

The use of discount codes will not be compatible with certain promotional actions and collections.

 

5. Information about Arcatart's products and services

The data included on the website in each description of the products and services, in their photographs, graphic or iconographic representations or videos, as well as trade names, trademarks or distinctive signs of any kind, have a merely informative function. Therefore, Arcatart declines any responsibility for the appearance of errors in said information, although it undertakes to take all measures within its power to correct the aforementioned errors or omissions as soon as possible after having been informed of them.

 

6. Return of defective product and right of withdrawal

6.1. Returns for manufacturing defects

The consumer and user may return to Arcatart, any product that is defective or that does not conform to the description made during a period of thirty (30) days from the date on which the product was received. Taking into account the nature of the products purchased, the consumer and user will have a period of thirty (30) days from when they became aware of the lack of conformity of the product to notify Arcatart through the CONTACT channel enabled for this purpose or through info@arcatart.com, indicating the defective product or products, attaching photographs and other evidence that demonstrate the defects or lack of conformity of the products, as well as a detailed list of the defects appreciated, the purchase order and any other additional documentation that allows to identify the purchase made by the consumer and user.

Once Arcatart has received the communication from the consumer and user and has analyzed the incident, it will inform the user as soon as possible whether or not to return the product, objectively attending to the nature of the product or the nature of the alleged lack of conformity or defect. In the event that the return proceeds, Arcatart will indicate to the consumer and user how to return the product.

However, Arcatart will not, in any case, charge the products that are returned without having proceeded by the consumer and user in accordance with the process detailed above.

Each product to be returned must be unused or, if the defect is appreciated after normal and daily use, in the best possible condition, and must be returned together with all its labels, packaging and -where appropriate- documentation and original accessory elements that came with it. If the consumer and user do not proceed in this way, Arcatart will have to objectively assess the incident, determining whether the product is defective, taking into account its nature and the nature of the alleged lack of conformity or defect.

Arcatart informs the consumer and user that, taking into account the characteristics of the products, generally their repair cannot be carried out because it would be disproportionate. In the event that due to the characteristics of the specific product and the defect, it is possible to repair it, the consumer and user will be expressly informed of this circumstance, giving them the possibility to choose between replacement or repair.

In line with the foregoing, the consumer and user may substitute the defective product for another with similar characteristics, as they are unique pieces, and the replacement of the product does not involve any type of expense. If it is not possible to replace the defective product with another with similar characteristics, you will be offered the possibility of choosing a new similar model.

The delivery of the product with similar characteristics or the new model that the consumer and user chooses, as appropriate, will be made within five (15) business days from the date on which Arcatart will confirm to the consumer and user the replacement of the defective product. or the shipment of the new model.

In the event that the repair of the product could not be carried out and that the replacement of the product was not in accordance with the contract, the consumer and user may choose to terminate the contract.

Arcatart informs consumers and users that the term for the return of the amounts paid will depend on the payment method that the consumer and user would have used when purchasing the product. This information will be provided to the user once the refund request has been made through our channels indicated above.

6.2. Right of withdrawal.

The consumer and user will have the right to withdraw from the order placed remotely without stating a reason, for a period of fourteen (14) calendar days from the correct receipt of the product. The consumer and user will be able to send the entire order or, if they prefer, they can send any of the products that make up the total order and, all of this, without any penalty and without the need to indicate the reasons.

The consumer and user must bear the direct cost of the return to Arcatart, whether he returns the order in full or if he decides to return only some of the products of the order.

To formalize the return, you must contact Arcatart in the contact box located in the footer or through info@arcatart.com. Once this request is received, Arcatart will indicate the way to send the order and address.

Arcatart is not responsible for the courier company that the consumer and user hires for the return of the order. In this sense, Arcatart recommends that the consumer and user require the courier company to provide proof of delivery once the courier has deposited the product at the Arcatart offices, so that the consumer and user is aware that the product has been delivered successfully.

The costs of returning the order (such as shipping costs through courier companies) will be borne directly by the consumer and user.

The product must be in perfect condition and with all its labels, packaging and -where appropriate-, documentation and original accessory elements that came with it. If the consumer and user does not proceed in this way or if the product has suffered any damage, the consumer and user accepts that the product may suffer a depreciation or that Arcatart may reject the exercise of the right of withdrawal by the consumer and Username.

Once Arcatart verifies that the order is in optimal conditions, Arcatart will proceed to return all of the amounts paid by the consumer and user.

If the consumer and user decide to return the order in full, Arcatart will return to the consumer and user all the amounts that they have paid (including the shipping costs related to the delivery of Arcatart to the consumer and user).

If the consumer and user only wishes to return one or some of the products that were part of the order, Arcatart will not be able to return the shipping costs that the consumer and user have paid for the entire order.

Arcatart informs consumers and users that the term for the return of the amounts paid will depend on the payment method used by the consumer and user when purchasing the product.

In the case of promotions applicable to the acquisition of independent items that include the addition of an additional product, being by way of example, but not limited to, promotions 2x1, 3x1 or any other that involves the delivery of an extra product for free or reduced price, if the consumer and user decides to apply their right of withdrawal on their purchase, this right will have effects on the set of products provided as part of the promotion.

 

7. Product Exchange Policy

Arcatart does not support the exchange between a product purchased by the consumer and user for another product that is offered on the Website.

In the event that the consumer and user want to make the change in a product, they must exercise their right of withdrawal on it in accordance with the provisions of clause 6.2 and later buy the new product they want.

 

8. Use of the Website

The use of the Website for fraudulent purposes, or related to criminal offenses or illicit activities of any kind is not allowed.

It is also prohibited to send, use or reuse illegal, offensive, abusive, indecent, defamatory, obscene or threatening material of any kind, or that involves a violation of intellectual property rights, trademarks, confidentiality, privacy or any other right, that is otherwise injurious or objectionable to third parties, or whose content contains computer viruses, political propaganda, advertising content, chain mail, mass mailing or any other type of "spam" and, in general, any type of annoyance or inconvenience unnecessary.

The User agrees to make a lawful, diligent, honest and correct use of whatever information or content has access either through the Website or third-party websites that are accessed through the links on the Website, and all this under the principles of good faith and with respect at all times to the current legislation and these Terms and Conditions.

Likewise, the User acquires the commitment not to cause maliciously or intentionally damages that may undermine, alter the Website itself, and not to introduce or spread computer viruses that may produce unauthorized alterations to the contents or systems that make up the Website.

Arcatart reserves the right to deny access to the Website or even cancel orders to Users who misuse the contents and / or breach any of the conditions that appear in this document.

 

9. Intellectual or Industrial Property

The intellectual property rights of the www.arcatart.com page, its source code, design, navigation structures and the different elements contained therein are owned by Arcatart, who has the exclusive exercise of the rights to exploit them in any form and especially, the rights of reproduction, distribution, public communication and transformation, in accordance with applicable North American and European legislation.

Arcatart informs that it does not grant any express or implicit license or authorization whatsoever on intellectual and / or industrial property rights or on any other right or property related, directly or indirectly, to the contents included in the Website. The total or partial reproduction of the contents of the Website, not even through a hyperlink, without the express written consent of Arcatart is totally prohibited. The unauthorized use of these contents will give rise to the legally established responsibilities.

 

10. Hyperlinks

The hyperlinks contained in the website may lead to third party websites. Arcatart does not assume any responsibility for the content, information or services that may appear on said sites, which will be understood to be offered exclusively for informational purposes by Arcatart, and that in no case imply any relationship, acceptance or endorsement between Arcatart and the people or entities owners of such content or owners of the sites where they are.

 

11. Partial nullity

In the event that any Clause of these Terms and Conditions is declared void, the other Clauses will remain in force and will be interpreted taking into account the spirit of these Terms and Conditions.

 

12. Modifications

The information that appears on this Website is current on the date of its last update. Arcatart reserves the right to unilaterally modify these Terms and Conditions, as well as its privacy policy and any other information. The entry into force of the modifications of the Terms and Conditions will occur from the moment of their publication on this Website.

 

13. Personalization of campaigns

The User is the subject of a random campaign, so the shipping terms applicable to each order may vary randomly. The User's personal data will not be taken into account as a variable when determining the particular conditions of each order.

 

14. Notifications

All communications between Arcatart and the User regarding the contracting of orders through the Website will be made in writing and in accordance with the communication procedures established in these Terms and Conditions for each particular case.

 

15. Language

Arcatart can translate these Terms and Conditions, its Privacy Policy, or any other operating standard, policy or procedure that may be published on the Website. The Spanish version will be the one that prevails in case of conflict.

  

16. Ethical policy on suppliers

As a reputable and trustworthy company, committed to the goal of providing high-quality products to its customers, Arcatart recognizes its obligation to ensure that suppliers act ethically. We expect our suppliers to regularly provide an environment that protects the health and safety of employees, as well as their basic human rights. All providers must comply with their national employment laws and regulations, in particular with regard to the following:

Minimum age to work
Freely chosen employment
Health and security
Freedom of association and right to collective bargaining
Absence of discrimination
Absence of harsh or inhuman treatment
Working hours
Wages
Labor conditions

Arcatart will never knowingly source supplies from countries that violate the above principles. We also expect our suppliers to translate these principles into dealing with their own suppliers.

17. Applicable law and jurisdiction

These Terms and Conditions are subject to US law. The parties, in accordance with Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, submit to the Courts and Tribunals of the User's place of residence.