GENERAL TERMS AND CONDITIONS OF USE AND SALE
If you have questions about any of the aspects contained in these Terms and Conditions or the Privacy and Cookies Policies do not hesitate to contact us through one of our preferred contact methods:
Contact form: www.thefgcollective.com/contact
You may purchase works of art online in thefgcollective.com sold by the FGCollective.
General terms and conditions of use of the website
As a user of the website you undertake:
- To make use of the website only to make inquiries or legally valid orders.
- When making an order through this website, you declare you are 18 years of age or over and have the legal capacity to enter into an agreement and be bound by, and therefore also accept, the terms and conditions of the agreement.
- Not to make any false or fraudulent orders, nor violate the agreements set forth in this agreement.
- Not to allow any other person to use your personal data to enter into an agreement on your behalf.
Terms and conditions of sale
You can place an order via the following methods:
Via the Internet, in accordance with the online purchasing procedure. To complete the order, the payment must be accepted, and you will then receive an e-mail acknowledging receipt of your order.
Via e-mail to firstname.lastname@example.org
To place the order, you must provide all the personal data that is requested in order to process it.
Placing an order implies the acceptance of the description of the work, the prices and the General Terms and Conditions of Sale, as well as any other specifications contained in the description sheet of the work of art or on the order itself.
The order of some of the works of art is subject to availability. If there are difficulties in supplying the selected product, we will refund any amount that may have been paid.
By placing your order, you can specify whether you wish to receive the work already framed or mounted, if applicable, choosing the frame or mount from the range offered for each work of art, or in some cases it can be delivered unframed or unmounted and be carried out at the location requested by the client. If the order does not specify a particular type of frame or mount, the work will be delivered as is.
To process the order and proceed to its dispatch, the price must be paid in full, as well as any additional costs.
The website displays reproductions of the artworks for sale, whose particular characteristics may result in the displayed image not being entirely consistent with the real image; the colors shown on the website may not be exactly the same as the artwork delivered, the image may appear slightly distorted, or the measurements may not coincide exactly to the millimeters given.
Delivery of your order will be made within the period detailed on the description sheet of the product, except in the case of extraordinary or unforeseen circumstances, or if any customization of the work is necessary, which may delay its delivery. If the delivery period is not specified, this will be a maximum of 60 days from the date of the order confirmation, except in the case of extraordinary circumstances or difficulties of delivery in the destination country that would justify its delay.
Deliveries will take place at the address provided by the customer at the time the order is placed. Orders will not be delivered to post office box addresses.
The delivery shall be deemed to have taken place with the signing of the receipt of the order at the agreed delivery address.
3. Prices and payment
Website prices exclude VAT, delivery costs, and where applicable, framing and mounting costs, which are the additional costs that appear on the web page where you place your order. Similarly, customs expenses at the destination country or non-VAT taxes are also excluded from the price.
Purchases which are subject to VAT made by taxpayers who reside in countries belonging to the European Community other than Spain and who hold an EU tax number are exempt from paying VAT, which must be certified in order for the exemption to be applied.
Purchases made by natural or legal persons who reside outside the European Community, as well as those made by customers of the Canary Islands, Ceuta or Melilla, shall be exempt from VAT.
Before proceeding to the payment of your order, the various costs or taxes that are applicable to the order will be specified.
You can make the payment via the following methods:
- Through the STRIPE payment platform. This is a secure payment method which allows you to pay without having to enter your bank details on the website of the vendor; they only have to be entered onto the STRIPE platform. The data is encrypted and is in a secure environment. If you have a STRIPE account, you can use it to make a payment online quickly and safely. If you do not have one, when you come to make the payment you will be redirected to a STRIPE webpage where you will be able to enter your banking data and decide whether to create an account or not.
To be able to process the order must you accept the payment being made. All orders must be paid in euros, including taxes and additional expenses.
4. Returns policy
Right of withdrawal
A customer who is purchasing a product as a consumer and user is entitled to withdraw from the agreement within a period of 14 calendar days from the receipt of the product (by you or by a third party you have indicated other than the carrier), without the need for justification.
To exercise the right of withdrawal you must notify us of your decision to withdraw from the agreement, by sending an e-mail to email@example.com.
You can use the withdrawal form you will find at the end of this page, or by making a clear statement communicating your wishes in another format. To comply with the withdrawal period, the correspondence relating to exercising the right of withdrawal must be sent before the said period expires.
Consequences of withdrawal
In the event of withdrawal, we will refund you all payments received, including the delivery costs, except for any additional costs which have been incurred by choosing a different form of delivery to those offered to you when you placed the order. The refund will be performed using the same method of payment used to make the purchase, unless this is impossible, in which case it will be made by bank transfer or cheque, without undue delay and in any case within a maximum period of 14 days from the date on which you communicate your decision to withdraw.
There will be no charges resulting from the refund. However, we may withhold the refund until we have received the goods, or until you have provided proof of the return of the goods, depending on which condition is met first.
The customer shall bear the costs of returning the product, except if is done through the following methods offered by the FGCollective:
Send an email to firstname.lastname@example.org requesting the return of the work after which, the FGCollective will manage the logistics of returning the said work, arranging the collection of goods from the customer.
You shall be liable for any reduction in the value of the goods resulting from handling of the goods beyond what is necessary to uphold their nature, characteristics and proper functioning, if applicable.
The customer does not have the right to withdraw from the agreement in the following cases:
Works carried out according to the buyer’s specifications;
Your right to withdraw from the agreement shall apply exclusively to those works which are returned under the same conditions in which the customer received them. A refund will not be given if the product has been used beyond merely opening the package for goods which are not in the same condition as they were at the time of delivery or which have suffered any damage; therefore, you must be careful with the product(s) while they are in your possession.
Please return the article using or including all its original packaging, instructions and other documents that may accompany it.
After examining the article, we will inform you whether you are entitled to a refund of the amount previously paid. The reimbursement of transport costs will only be made when your right of withdrawal is exercised within the legally established time period and all the articles that make up the order in question are returned. The refund shall be paid as soon as possible and, in any case, within a period of 14 days from the date in which you communicated your intention to withdraw.
Please note that, once the order has been delivered, in the event of exercising your right of withdrawal, where it is you who organizes the transport of the goods (except in the case when the service has been offered by us), we shall not be held liable for any risk of returning the package with regards to causes that are not attributable to the FGCollective. In any case, the rights and actions recognized by law remain in force.
Return of defective products
In cases in which you consider that, at the time of delivery, the product does not meet the terms set forth in the agreement, you must contact us immediately, through one of our methods of communication, providing us with the details of the product and the damage suffered; we will then inform you how to proceed.
the FGCollective will manage the logistics of returning the work, arranging the collection of goods from the customer.
We will proceed to carefully examine the returned product and will inform you by email within a reasonable period if the goods will be refunded or replaced (if applicable). The refund or replacement of the article shall be carried out as soon as possible and, in any case, within 14 days following the date in which we send you an email confirming the refund or replacement of the non-compliant article.
The amounts paid for products that are returned due to imperfections or defects, where such a defect is found to really exist, will be refunded in full, including delivery expenses incurred to deliver the item to you and the costs that you would have incurred to return it to us. The refund will be performed using the same method of payment used to make the purchase, unless you request a different method of refunding the amount or using the same method is impossible (in which case it will be made by bank transfer or cheque).
This is notwithstanding the rights recognized by the legislation in force.
If you enter into the agreement as the customer and user, you are entitled to a legal warranty for the products. In case of non-compliance, for a defect or imperfection in the work sent, the customer may choose between demanding a replacement, having the product repaired or a refund for the price and delivery costs.
6. Processing of personal data
The personal data you provide us with via our website are incorporated into a file which the FGCollective is responsible for, in order to provide the requested information or process the service required, or where appropriate to send informative correspondence regarding our services and events. The data provided will be kept for the duration of the commercial relationship or until you request its deletion, or for as long as is necessary to comply with legal obligations. The data will not be disclosed to any third parties except in those cases involving a legal obligation to do so. You are entitled to access your personal data, rectify any inaccurate data or request its deletion when the data is no longer needed (Regulation (EU) 2016/679), by sending an e-mail to email@example.com.
7. Cookies policy
8. Intellectual property
All the works displayed and sold on the the FGCollective website are protected by intellectual property rights, with the necessary exploitation rights for their display and sale having been transferred to the FGCollective.
The customer understands that the work they acquire from the FGCollective is protected by copyright, and therefore any unauthorized use of the said work shall be considered a violation of those rights.
The customer undertakes to respect those intellectual property rights that have not been transferred by the authors of the works of art which they have acquired. Among others (and not exclusively), the customer must not use the acquired work: as part of their advertising or for commercial purposes by any means of dissemination; as an element of a web page, video game, product software, etc.; as part of advertising, promotional or marketing materials, in any format; etc.
the FGCollective is the owner of the industrial and intellectual property rights arising from the design and content of its web page, or a license to use them has been transferred to the FGCollective. The customer can only make use of the material or content of the website in the form that has been expressly authorized by the FGCollective or those who gave them the license to use such material.
Links to other websites or third-party content are provided solely for informational purposes, without the FGCollective having any control over the content of such websites or materials, therefore it shall not be held liable for any damages or loss derived from its use.
You hereby accept that written correspondence carried out by the FGCollective in compliance with the legal obligation of correspondence being carried out in writing, preferably by email, or by means of information communicated on its website. For contractual purposes, you agree to use email as a means of communication and recognize that notifications, the agreement, and other correspondence sent by this means meet the legal requirements to be made in writing. This condition will not affect your legal statutory rights.
11. Events beyond our control
We will not be held responsible for any failure or delay in the compliance with any of the obligations undertaken, when this is due to events which are beyond our reasonable control (“Force Majeure”).
The causes of Force Majeure shall include any act, event, lack of exercise, omission or accident which is beyond our reasonable control, including among others, the following:
Strikes, lockouts or other industrial action.
Civil commotion, riots, invasion, terrorist threats or attacks, war (declared or not) or threat of war or preparations for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
Inability to use trains, boats, aircraft, motor transport or any other means of public or private transportation.
Inability to use public or private telecommunications systems.
Acts, decrees, legislation, regulations or restrictions of any government or public authority.
It is understood that the obligations shall be suspended during the period that the Force Majeure occurrence continues, and we will have an extension of the time period available to comply with these obligations for a period of time equal to the duration of the Force Majeure. We will take all reasonable measures to the end of the cause of Force Majeure or to find a solution that will allow us to fulfill our obligations despite the cause of Force Majeure.
12. Full agreement
These terms and conditions constitute the full agreement between the parties. In the event that one of the clauses of these terms and conditions were to be declared null void, this will not affect the rest of the conditions.
13. Right to modify the conditions
We reserve the right to modify the Terms and Conditions. We will keep you informed of any substantial changes in them. Any modifications will not be of a retrospective nature and, except for possible exceptions depending on the particular case; they shall be applied 30 days from the date of their publication in the corresponding notification. If you disagree with the modifications, we recommend not using our website.
14. Applicable legislation and competence
The use of our website and purchase agreements of goods through this site are governed by Spanish law.
For the resolution of any dispute arising from the website or from the purchase agreements non-exclusive submission to the Spanish Courts and Tribunals is established, and of the special jurisdiction of the Courts and Tribunals of Barcelona.
If you are a customer, your recognized legal rights will not be affected by the provisions of this clause.
1. Data controller
2. Purpose of the processing and legitimation
The processing of your data is for the following purposes and on the legal grounds which legitimize it:
- The sending of informative and promotional correspondence, legitimized by virtue of your consent. On no account will your refusal to grant your consent to the processing of your data for this purpose interfere with the honoring of your contractual relationship with the FGCollective.
- The management of the contractual relationship with customers due to the fulfillment of a contractual relationship. The processing of your data as a customer is necessary for the performance of a contract of which you are a party. As the provision of personal data is a legal or contractual requirement and a stipulation necessary for the signing of the above-mentioned contract, as the interested party you are informed that you are obliged to provide the personal data and, furthermore, that the consequences of not doing so may mean that the requested service will not be provided.
- The maintenance of updated deletion lists due to a legal obligation to prevent the sending of correspondence if you so request.
- Permitting the operation of our website/applications by means of technical and functional cookies, upon the basis of a legitimate interest.
- The gathering of statistics, upon the basis of a legitimate interest.
3. Retention of the Data
The personal data you supply will be retained until the purposes for which they were collected are fulfilled or as long as the relationship is maintained, provided that you do not request their deletion. They will be retained in accordance with the time periods stipulated by law in fiscal and accounting matters, taking the last item of correspondence as the reference date and time.
The company will NOT make automated decisions, construct profiles or apply logic to your data.
During the period the processing lasts, it will not make any assignment or transfer, unless there is a legal obligation to do so.
6. Rights of the interested party
You, as the interested party, may exercise the following rights:
- Right to request access your personal data.
- Right to request their correction or deletion.
- Right to request a restriction to their processing.
- Right to oppose their processing.
- Right to the portability of the data.
- Right to withdraw the consent granted.
Any person has the right to obtain confirmation with regard to whether the company is processing data concerning them or not. Interested parties have the right to access their personal data, as well as to request the correction of inaccurate data or, when appropriate, to request their deletion when, among other reasons, the data are no longer necessary for the purposes for which they were collected.
In certain circumstances, interested parties may request a restriction to the processing of their data, in which case the company will only retain them for the exercise or defense of claims. In certain circumstances and for reasons related to their particular situation, interested parties may oppose the processing of their data. In such a case, the company will cease to process the data, except for compelling legitimate reasons or for the exercise or defense against potential claims.
If you have granted your consent for a specific purpose, you have the right to withdraw the consent granted at any time, without the above affecting the lawfulness of the processing based on the consent granted prior to its withdrawal. To do so you can either write to the FGCollective at firstname.lastname@example.org.
In the event that you feel that your rights in relation to the protection of your personal data have been violated, especially when you have not obtained satisfaction in the exercise of your rights, you can submit a claim to the competent Data Protection Supervisory Authority on its website at: www.agpd.es.
7. Data categories
The categories of data which are processed are as follows:
- Identifying data
- Identification codes and keys
- Postal and electronic addresses
- Commercial information
- Financial data
the FGCollective has implemented the policies, means and technical and organizational procedures to guarantee and protect the confidentiality, integrity and availability of the personal data of its users, preventing, as far as possible, unauthorized accesses, unlawful modifications, theft and/or loss of the processed data, in order to ensure the security thereof.
What are cookies
For more general information on cookies see the Wikipedia article on HTTP Cookies.
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The cookies we set
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Orders processing related cookies
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Forms related cookies
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For more information on Google Analytics cookies, see the official Google Analytics page.
Hopefully, that has clarified things for you and as was previously mentioned if there is something that you aren’t sure whether you need or not it’s usually safer to leave cookies enabled in case it does interact with one of the features you use on our site.
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If you are still looking for more information, you can contact us through one of the following methods:
By visiting this link: www.thefgcollective.com/contact