Legal Notice, Terms of Service
I. LEGAL NOTICE
In compliance with the duty of information provided in Law 34/2002 of Services of the Information Society and Electronic Commerce (LSSI-CE) of July 11, the following general information about this website is provided below:
The ownership of this website, www.artiastic.com, (hereinafter Website) is held by:
- Carlos Pozo Blasco, with NIF:46960695P, and whose contact details are:
- Address: Avda Meridiana 278 3º 1ª B, 08027, Barcelona, Spain.
- Contact email: artiastic@proton.me
II. TERMS OF SERVICE
GENERAL
Carlos Pozo Blasco manages this website. Throughout the site, the terms "we", "us", "our" and "our" refer to Carlos Pozo Blasco. Carlos Pozo Blasco offers this website, including all information, tools and services offered on this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting the site and/or purchasing something, you interact with our "Service" and acknowledge as binding the following terms and conditions (hereinafter referred to as "Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including but not limited to users who are browsers, suppliers, customers, merchants and/or content contributors.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to these Terms of Service. If you do not agree to all of the terms and conditions of this agreement, you may not access the site or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
New features or tools added to the current store will also be subject to the Terms of Service. You can review the most recent version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted by Shopify Inc. Shopify Inc provides us with the online e-commerce platform that allows us to sell our products to you.
SECTION 1: ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are of the age of majority in your state or province of residence, or that you are of the age of majority in your state or province of residence and that you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, by using the Service, violate the laws of your jurisdiction (including, without limitation, copyright laws).
You will not transmit any computer worms or viruses or any code of a destructive nature.
Failure to comply with or breach of any of the Terms will result in immediate termination of your Services.
SECTION 2: GENERAL TERMS AND CONDITIONS
We reserve the right to refuse service to anyone, for any reason, at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to accommodate and comply with technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service or access to the Service or any contact on the website through which the Service is provided, without our express written permission.
The headings used in this agreement are for convenience only and shall not limit or affect these Terms.
SECTION 3: ACCURACY AND MODIFICATIONS TO SERVICE AND PRICES
Prices of our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time. You agree that it is your responsibility to monitor changes to our site.
We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION 4: PRODUCTS (CONDITIONS OF SALE)
The following is the regulation of the contractual relationship between the owner of the store, hereinafter the seller, and the customer who makes a purchase through the shop, hereinafter the buyer.
The seller is a natural person who is engaged in the creation and sale of original illustrations and/or drawings in digital format (jpeg,png,pdf or similar), but also printed and printed and framed.
The seller is identified with the following data:
Carlos Pozo Blasco, 46960695P, Avenida meridiana 278 3º 1ª B, 08027, Barcelona, Spain.
The buyer is the natural or legal person who purchases one or more products offered by the seller through the online store. The buyer declares to be of legal age and to have legal capacity to contract in his country of residence.
The language of the contract (sale) will be the language used in the purchase process, in this case in Spanish or English.
By making a purchase in the online store, the buyer expressly accepts these Terms of Service, the privacy policy and the cookies policy of the website.
SECTION 4.1 DESCRIPTION OF THE PRODUCTS
The products or services offered in the online store are drawings and illustrations created by the owner of the store (Carlos Pozo Blasco) using digital techniques through the computer, by using digital drawing programs such as Photoshop or Gimp.
The online store artiastic offers buyers several formats for the acquisition of the illustrations and drawings:
- Digital downloads of image files, which the buyer will be able to download immediately upon payment. Products are not shipped in physical format, but are downloaded directly from the website or from a link provided by the seller. In this case, Artiastic does not sell physical products, do not expect to receive a physical product at your address. As a general rule, the products purchased are delivered in one or more compressed files in ZIP format, accessible from the download links provided by the seller. The buyer must ensure that he has the tools to open this type of file. You can get the zip file decompression tool easily from your usual web browser.
- Illustrations and drawings in print only format or printed and framed with plexiglass protector. This kind of products are formats that the buyer will receive physically at the shipping address provided, as long as this option is available in the product page of the online store.
You can get more precise information of each product in the product description on the product page of the online store
The images of the products that the buyer sees in the online store are protected with watermarks (grid and name "ARTIASTIC"). Digital image files purchased with the purchase are free of such watermarks..
We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that the display of any color on your computer monitor will be accurate.
All product descriptions or product prices are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where such product is prohibited.
We do not warrant that the quality of any product you have purchased or obtained will meet your personal expectations.
SECTION 4.2 PRICES
The prices of the products are final prices including taxes (if applicable). If you reside in a country with a currency other than the Euro, the prices shown will be in your local currency, and will include, where applicable, the currency exchange rate in effect at the time of purchase.
The seller reserves the right to change prices at any time, but products will be invoiced at the price in effect at the time of purchase.
Prices do not include any possible additional costs that may be incurred by the use of certain means of payment or currency conversion, which shall be borne by the Buyer.
SECTION 4.3 FORMS OF PAYMENT
You can consult the payment methods supported in the footer of the artiastic store.
The buyer will be able to choose between the following payment methods to make his purchase:
- Credit or debit card: VISA, MASTERCARD, MAESTRO, BANCONTACT, IDEAL, AMERICAN EXPRESS cards are accepted. The buyer must provide his card details through the secure payment gateway "SHOPIFY PAYMENTS", which will process the payment immediately. The seller will not have access to the buyer's bank details.
SECTION 4.4 PURCHASE PROCESS OF THE PRODUCTS
SECTION 4.4.1 PRODUCTS IN DIGITAL FORMAT
Once payment has been made, the buyer will receive a confirmation email with the link(s) to download the products purchased. The buyer will be able to access the links from his user account on the website, if he has one, or from the email received.
The buyer will have a period of 30 days to download the products from the time of purchase. After this period, the seller does not guarantee the availability of the download links.
The link(s) provided with your downloads will be active for a total of 3 independent downloads. Once the third download has been completed, the link will be invalidated for the buyer and the buyer will not be able to download the purchased files again.
The buyer is responsible for having the necessary devices, programs and connections to download and view the products correctly. The Seller is not responsible for any technical problems that may prevent or hinder the downloading or use of the products.
SECTION 4.4.2 PHYSICAL FORMAT PRODUCTS
Artiastic uses Print On Demand (POD) services to provide the physical formats to its customers.
Once the customer's payment has been made and validated in the online store, artiastic will initiate the processing of the order internally to quickly obtain the physical product purchased by the customer and notify the customer. The customer will receive information on the status and tracking of the shipment, as well as the estimated delivery date, by email, on the purchase made.
SECTION 4.5 RIGHT OF WITHDRAWAL, RETURNS AND REFUNDS
In accordance with current regulations (Article 103 of Royal Legislative Decree 1/2007 of 16 November, approving the revised text of the General Law for the Protection of Consumers and Users and other complementary laws in Spain) and (EU Directive 2019/2161 in the EU), the buyer has the right to withdraw from the purchase contract within 14 calendar days from the date of receipt of the physical product or digital product purchase, without having to justify their decision or assume any cost, except those provided by law.
SECTION 4.5.1 RIGHT OF WITHDRAWAL FOR PRODUCTS IN DIGITAL FORMAT
However, the right of withdrawal shall not apply to contracts for the supply of digital content that is not provided on a tangible medium when performance has begun with the prior express consent of the consumer and user with the knowledge on his part that he consequently loses his right of withdrawal.
In other words, the buyer may not exercise the right of withdrawal once he has accessed the link or links to download the products, since it is deemed to have begun the execution of the contract and has expressly consented to the loss of his right of withdrawal.
If the buyer has not accessed the link or links to download the products and wishes to exercise his right of withdrawal, he must inform the seller by an unequivocal statement, for example by e-mail to the address artiastic@proton.me.
The seller will proceed to reimburse the amount of the purchase to the buyer by the same means of payment used by the latter, unless the buyer has expressed otherwise. The Seller may withhold reimbursement until it has received proof that the Buyer has not accessed the link(s) to download the Products.
SECTION 4.5.2 RIGHT OF WITHDRAWAL FOR PHYSICAL PRODUCTS
How to Exercise the Right of Withdrawal
To exercise the right of withdrawal, you must notify us of your decision to withdraw from the contract through an unequivocal statement. You can do this by email to artiastic@proton.me, or by sending a letter to Avenida Meridiana 278 3º 1ª B, 08027, Barcelona, Spain.
You can use the model withdrawal form provided below, although its use is not mandatory. [LINK TO WITHDRAWAL FORM].
Consequences of Withdrawal
In case of withdrawal, we will reimburse to you all payments received, including delivery costs (with the exception of additional costs resulting from the choice of a mode of delivery other than the least expensive mode of ordinary delivery that we offer), without undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will carry out such refund using the same means of payment used for the initial transaction, unless you have expressly provided otherwise; in any event, you will not incur any costs as a result of the refund.
Return of the Product
You must return or deliver the goods directly to us at the address [Avenida Meridiana 278 3º 1ª B, 08027, Barcelona, Spain], without undue delay and, in any event, no later than 14 calendar days from the date on which you communicate your decision to withdraw from the contract. The deadline shall be deemed to have been met if you return the goods before the end of this period. You shall bear the direct cost of returning the goods.
SECTION 4.6 INTELLECTUAL PROPERTY (LICENSE TO USE)
The images sold in this online store are original creations of the seller.
Artiastic wants to share its products with the public and allow their use under certain conditions. Therefore, we have chosen to license our products under the Creative Commons licensing system. More information at the following link: https://creativecommons.org/
The images are provided under a Creative Commons Attribution-NonCommercial 4.0 International (CC BY-NC 4.0) license. This means that you can share and adapt the images for any non-commercial purpose, as long as you credit the seller (author) and do not suggest that the seller endorses you or your use of the work. You can get more information at the following link: https://creativecommons.org/licenses/by-nc/4.0/deed.es
If you use any of our products without respecting the Creative Commons license it has, you will be violating the copyright and other rights we have as authors. This may have legal consequences, such as claims, penalties or compensation.
Therefore, we ask you to respect the conditions of the Creative Commons licenses we have chosen for our products, and to contact us if you have any doubts or questions in this regard.
SECTION 4.7 WARRANTIES, CLAIMS, REFUNDS AND RETURNS
The seller warrants that the products offered in the online store conform to the description and characteristics indicated on the website, and that they have been created with due diligence and professionalism.
The seller does not warrant that the products meet the expectations or needs of the buyer, nor that they are suitable for any use other than their intended use. Seller also does not warrant that the products are free from errors, defects or incompatibilities, nor is Seller liable for any damages or injury resulting from their use.
The buyer may request the exchange or return of a product if it has any defect or anomaly, or that prevents its correct download or display in digital products, or, provided that it is not due to a cause attributable to the buyer, such as lack of the necessary technical requirements or improper handling of the product.
To request the exchange or return of a defective product, the buyer must contact the seller within 14 calendar days from the date of purchase or receipt of the product, and provide the following information:
- Buyer's name and surname
- E-mail used in the purchase
- Order number
- Description of the product defect or anomaly
- Proof of product defect or anomaly (screenshot, download link, photos, etc.)
Artiastic will analyze the request and the proof of the defect or anomaly of the product, and will contact the buyer to let him/her know whether or not to proceed with the exchange or return of the product.
In the case of an exchange or return of the product, the seller will send the buyer a new download link of the corrected product (for digital product) or, if this is not possible, will refund the purchase price through the same means of payment used by the buyer.
The buyer may submit claims, complaints or suggestions to the seller by the following means:
- E-mail: artiastic@proton.me
- Contact form: https://artiastic.com/pages/contact
The Seller undertakes to respond to the Buyer's claims, complaints or suggestions as soon as possible and, in any case, within a maximum period of 14 calendar days from receipt thereof.
SECTION 4.8 SHIPPING POLICY ON PHYSICAL PRODUCTS
We use print on demand (hereinafter 'POD' - Print On Demand) services from specialized companies to deliver the highest quality products directly to your door.
Below, you will find all the relevant information about our shipments:
Order Processing
Processing Time: Once you place your order in the online store, POD will process and produce your product within 2 to 5 business days. This time may vary depending on demand and production capacity.
Order Confirmation: You will receive a confirmation email with the details of your order once it has been successfully placed.
2. Shipping and Delivery
Shipping Methods: We work with various courier services to ensure that your order arrives safely and in a timely manner. Shipping options and estimated delivery times will be displayed during the checkout process.
Shipping Times: Shipping time will depend on your location and the shipping method selected. In general, estimated shipping times are:
- Domestic: 3-7 business days
- International: 7-21 business days
3. Shipping Costs
Shipping Rates: Shipping rates are calculated based on the delivery address and weight of the order. They will be displayed during the checkout process before completing your purchase.
Promotions and Discounts: Occasionally, we offer free shipping promotions or discounted shipping rates. Stay tuned for our offers and subscribe to our newsletter to receive notifications.
4. Order Tracking
Tracking Number: Once your order has been shipped, you will receive an email with the tracking number and a link to track your package.
Shipment Status: You can check the status of your shipment at any time using the tracking number provided.
5. Problems with Shipment
Lost or Damaged Packages: If your package is lost or arrives damaged, please contact us immediately at artiastic@proton.me with your order details. We will work with POD and the courier service to resolve the problem as soon as possible.
Incorrect Addresses: Be sure to provide an accurate and complete shipping address. We are not responsible for undelivered shipments due to incorrect or incomplete addresses.
SECTION 5: ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed with the same customer account, the same credit card, or orders using the same billing or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you via email or the billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to have been placed by dealers, resellers or distributors.
You agree to provide complete and accurate current purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, so that we can complete your transactions and contact you as needed.
SECTION 6: USER COMMENTS, FEEDBACK AND OTHER COMMUNICATIONS
If, at our request, you submit certain specific communications (e.g., contest entries) or, without a request from us, submit creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail, or otherwise (hereinafter collectively referred to as 'comments'), you agree that we may, at any time, without restriction: edit, copy, publish, distribute, translate and use in any medium any comments you submit to us. We do not and will not have any obligation (1) to keep any Comments confidential; (2) to pay any compensation for any Comments; or (3) to respond to any Comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, defamatory, pornographic, obscene or objectionable, or that infringes any party's intellectual property or these Terms of Service.
You agree that your comments will not infringe any third party rights, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain defamatory, libelous, unlawful, abusive or obscene material, or contain any computer virus or other harmful software that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone else, or otherwise mislead us or any third party as to the origin of any comments. You are solely responsible for the comments you make and their accuracy. We assume no responsibility or liability for any comments posted by you or any third party.
SECTION 7: PERSONAL INFORMATION, DATA PROTECTION
The information or personal data provided by the User in the course of a transaction on the Website, will be treated in accordance with the provisions of the Privacy Policy that can be consulted on the same site. By accessing, browsing and/or using the Website, the User consents to the processing of such information and data and declares that all information or data provided is true.
SECTION 8: ERRORS, INACCURACIES AND OMISSIONS
There may be information on our site or in the Service that, from time to time, contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions, to change or update information, or to cancel orders if any information on the Service or any related web page is inaccurate at any time without notice (including after you have submitted your order).
We undertake no obligation to update, modify or clarify information on the Service or any related website, including but not limited to pricing information, except as required by law. No update specified or update date applied on the Service or any related website shall be taken to indicate that all information on the Service or any related website has been modified or updated.
SECTION 9: PROHIBITED USES
In addition to the prohibitions set forth in the Terms of Service, you are prohibited from using the Site or its content (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful act; (c) to violate any international, federal, provincial or state regulation, rule, law or local ordinance; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, libel, slander, denigrate, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) post false or misleading information; (g) upload or transmit viruses or any other harmful code that affects or may affect the functionality or operation of the Service or any related website, other websites or the Internet; (h) collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, track or mine; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, or other websites or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 10: DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not warrant, represent or guarantee that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time, we may remove the service for indefinite periods of time or cancel the service at any time without notice to you.
You expressly agree that your use of the service or inability to use the service is at your own risk. The service and all products and services delivered to you through the service (unless otherwise specified by us) are provided "as is" and "as available" for your use, without any representation, warranty or condition of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
In no event shall Carlos Pozo Blasco, suppliers or service providers be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including but not limited to; loss of profits, loss of revenue, loss of savings, loss of data, replacement costs or similar damages, whether in contract, tort (including negligence), strict liability or otherwise, arising out of your use of any of the service or any product purchased through the service, or for any other claim related in any way to your use of the service or any product, including, without limitation, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of the service or any content (or product) posted, transmitted or made available through the service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 11: INDEMNIFICATION
You agree to indemnify, defend and hold harmless Carlos Pozo Blasco and service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, incurred by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party that you make.
SECTION 12: SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severable from these Terms of Service, without such determination affecting the validity and enforceability of the remaining provisions.
SECTION 13: TERMINATION
The obligations and liabilities of the parties incurred prior to the date of termination shall survive termination of this agreement for all purposes.
These Terms of Service are effective unless terminated by either you or us. You may terminate these Terms of Service at any time when you stop using our site.
If in our sole judgment you breach, or we suspect that you have breached, any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due, up to and including the date of termination; and/or we may deny you access to our Services (or any part thereof) as a result.
SECTION 14: ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or with respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications or proposals, whether oral or written, between you and us (including, without limitation, prior versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 15: LEGAL ACTION, APPLICABLE LAW AND JURISDICTION
We reserve the right to bring such civil or criminal actions as we deem necessary for improper use of the Website and Content, or for breach of these Terms.
These Terms of Service shall be governed by and construed in accordance with current Spanish law. In case of controversy or dispute arising from the interpretation, application or enforcement thereof, the parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of the domicile of the seller.
SECTION 16: CHANGES TO THE TERMS OF SERVICE
You may review the most recent version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. Your continued use of our website or the Service or your access to any of these on an ongoing basis following the posting of any changes to these Terms of Service constitutes your acceptance of those changes.
SECTION 17: CONTACT INFORMATION
Questions about the Terms of Service should be sent to artiastic@proton.me.
Last updated: July, 10, 2024