TERMS AND CONDITIONS OF CONTRACT

Introduction

This contractual document shall govern the conditions of purchase and sale of products or services (hereinafter, “conditions”) through the website lustrastudios.com, owned by ILUSTRASTUDIOS S.L., hereinafter, provider, whose contact details also appear in the Legal Notice of this website.

These conditions may be modified at any time. It is the user’s responsibility to read them periodically, as those in force at the time of placing orders will be applicable.

Contracts shall not be subject to any formality except as expressly provided for in the Códigos Civil y de Comercio (Civil and Commercial Codes) and in said or other special laws.

Acceptance of this document implies that the user:

  • Has read, understands and comprehends what is stated in this section
  • Has sufficient competence to enter into contracts
  • Assumes all the obligations set out herein

These conditions shall be valid for an indefinite period of time and shall be applicable to all contracts made through the provider’s website.

The provider informs that the shop is responsible and aware of the Spanish law, and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were purchased prior to the modification.

 

Identity of the contracting parties

Of the one part, the provider of the products or services contracted by the user is ILUSTRASTUDIOS, whose information details are as follows:

Company name: ILUSTRASTUDIOS S.L.
VAT NO: B54882592
Trade name: ILUSTRASTUDIOS
Registered office: Calle Monovar, 60, nave 1, 03206, Elche (Alicante).
Phone number: (+34) 667451669
Domain name: Ilustrastudios.com
Contact e-mail: info@ilustrastudios.com

Registration: ILUSTRASTUDIOS is registered in the Mercantile Register of Alicante Volume 3887, Book 0, Folio 61, Page A-146589, Entry 1 dated 21 September 2015, published on 28 September 2015.

Of the other part, the user, registered on the website by means of a user name and password, for which he/she has full responsibility of use and custody, and is responsible for the veracity of the personal data provided to the provider.

 

Object of the contract

The purpose of this contract is to regulate the contractual purchase and sale relationship between the Provider and the User when the User accepts (ckecks) the corresponding box during the online contracting process.

The contractual purchase and sale relationship involves the delivery of a specific product or service in exchange for a specific price, which is publicly displayed on the website.

Sale and purchase procedure

The user, in order to access the products or services offered by the provider, must be of legal age and register through the website by creating a user account. Therefore, the user must freely and voluntarily provide the personal and/or company data that will be required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and the free movement of such data and Organic Law 3/2018 of 5 December (LOPDGDD) on the protection of personal data as detailed in the Legal Notice and the Privacy Policy of this website.

Specifically, the data that will be required will be the minimum data needed for the provision of the service, among which we can find:

  • FULL NAME AND/OR COMPANY NAME
  • ID NUMBER/TAX ID NUMBER
  • DELIVERY ADDRESS
  • BILLING ADDRESS
  • CONTACT EMAIL
  • TELEPHONE NUMBER
  • DEPENDING ON THE PAYMENT METHOD SELECTED:

o Paypal account

o Maestro, Mastercard, or Visa bank card number

o Account number

The user will select a user name and password, undertaking to make diligent use of them and not to make them available to third parties, as well as to notify the provider of the loss or theft of said information, as well as possible access by an unauthorised third party, so that the latter may proceed to block the third party immediately.

Once the user account has been created, we inform you that in accordance with the requirements of article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:

  1. General terms and conditions of sale
  2. Shipment of orders
  3. Cancellation of orders
  4. Right of withdrawal
  5. Complaints
  6. Force majeure
  7. Competence
  8. General information regarding the offer
  9. Price and period of validity of the offer
  10. Shipping costs
  11. Methods of payment
  12. Purchasing process
  13. Warranties and returns
  14. Codes of conduct
  15. Applicable law and jurisdiction

 

  1. GENERAL TERMS AND CONDITIONS OF SALE

Unless otherwise stipulated in writing, the placing of an order with the Provider shall constitute acceptance by the user of these legal terms and conditions. No stipulations made by the user may differ from those of the provider if they have not been expressly accepted in advance and in writing by the provider.

 

  1. SHIPMENT OF ORDERS

The Provider will not send any order or activate any service until it has verified that payment has been made by the user.

The shipping of goods takes place about three weeks after the purchase. The customer will be informed when the purchase is made.

The transport company used for national shipments is MRW, and for international shipments DHL AÉREO EXPRESS.

Failure to perform the contract at a distance.

Delivery dates or deadlines are estimated, and a short delay shall not constitute a material breach. In the event that the provider has not delivered the goods 30 days after the agreed delivery date due to unavailability of the product or service, the user must be informed and shall be entitled to cancel the order and receive a refund of the total amount paid at no cost within a maximum period of 30 days, and without any liability for damages attributable to the provider.

In the event of unjustified delay on the part of the provider in reimbursing the full amount, the user may claim an additional 25% of the amount due, without prejudice to his right to be compensated for any damages suffered in excess of this amount. It shall not be considered “unjustified delay” if it results from:

– Failure of stock of primary materials

– Delay in delivery of the primary material by the supplier

– Substantial changes to the order by the client

– Due to service collapse

– For reasons of force majeure or derived from the state of emergency, the state and evolution of the COVID-19 pandemic or any other causes that could prevent the services from functioning correctly.

The delivery time is usually within three working weeks, depending on the destination and the chosen method of payment. This term is to be met as long as the availability of the goods has been confirmed and full payment of the order has been verified.

If the user provides false, inaccurate or incomplete data, the provider shall not assume any responsibility if the delivery of the product or service does not take place.

Delivery shall be deemed to have taken place when the carrier has placed the products at the disposal of the user and the user, or the person delegated by the user, or any employee of the company, or inhabitant of the home, has signed the delivery receipt document.

It is the user’s responsibility to check the products on receipt and to state any observations and complaints that may be justified in the delivery receipt document.

 

  1. CANCELLATION OF ORDERS

When a purchase process is completed, the products cannot be modified nor the order cancelled. In order to guarantee short delivery times, orders are processed immediately, preventing any changes. As the product is 100% customised for the customer, no cancellation of the order is allowed.

However, Ilustrastudios, S.L. reserves the right to cancel an order of items in case of any false or doubtful identification information (name, e-mail address, billing address, shipping address, contact, credit card number of the user).

 

  1. RIGHT OF WITHDRAWAL

The user has the same rights and deadlines to proceed with the return and/or claim for possible defects or flaws in the product or service, both online and offline.

The user has a period of fourteen calendar days from the date of receipt of the product to return it (article 71 of Law 3/2014 of 27 March). Unless the return is made due to defects in the product, the costs relating to shipping shall be borne by the user. The product must be returned in its original packaging and in perfect condition and, in the case of the provision of a service, from the same day it is activated and/or downloaded.

The right of withdrawal shall not apply in the following cases:

  1. If the returned product is not in perfect state
  2. If the packaging of the product is not the original or is not in perfect state. The packaging must protect the product so that it is received in perfect condition, and the use of seals and adhesive tapes applied directly to it is prohibited.
  3. When the product has been used.
  4. When the item is a personalised product or specially designed for the customer, or in the causes that, for reasons of hygiene or other legally provided exceptions, are listed in article 103 of Law 3/2014, of 27 March.
  5. In the supply of items whose price depends on financial market fluctuations beyond the Provider’s control and which may occur during the withdrawal period.
  6. In the supply of items made to the user’s specifications or those that are clearly personalised.
  7. In the supply of products likely to deteriorate or expire rapidly.

All returns must be communicated to the provider, requesting a return number using the form provided for this purpose, or by e-mail to info@ilustrastudios.com, indicating the corresponding invoice or order number.

Once the user has received the return number, he/she shall send the product to the provider, indicating this number on the letter of dispatch, with transport costs to be paid by the user, to the address of ILUSTRASTUDIOS S.L., Calle Monovar, 60, nave 1, 03206, Elche (Alicante).

 

  1. COMPLAINTS

Any complaint that the user considers appropriate will be dealt with as soon as possible, and can be made at the following contact addresses:

Postal address: ILUSTRASTUDIOS S.L Calle Monovar, 60, nave 1, 03206, Elche (Alicante).

Phone number: (+34) 667451669

Mail: info@ilustrastudios.com

 

  1. FORCE MAJEURE

The parties shall not be liable for any failure due to force majeure. Compliance with the obligation shall be delayed until the case of force majeure has ceased.

 

  1. COMPETENCE

The user may not assign, transfer or transfer the rights, responsibilities and obligations contracted in the sale.

If any provision of these terms and conditions shall be deemed invalid or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected in any way and shall not be modified in any way.

The user declares that he/she has read, knows and accepts the present conditions in full.

 

  1. GENERAL INFORMATION REGARDING THE OFFER

All sales and deliveries made by the Provider shall be subject to these conditions.

No modification, alteration or agreement contrary to the commercial proposal of ILUSTRASTUDIOS S.L., or to what is stipulated herein shall have any effect, unless expressly agreed in writing signed by the provider, in which case these particular agreements shall prevail.

Due to the continuous technical development and improvement of the products, the Provider reserves the right to change its specifications with regard to the information provided in its advertising, insofar as this does not affect the value of the products offered. Such changes shall also apply in the event that, for whatever reason, the possibility of delivery of the products offered is affected.

 

  1. PRICE AND PERIOD OF VALIDITY OF THE OFFER

The prices indicated for each product include Value Added Tax (VAT) or other taxes that may be applicable in Spain. These prices, unless expressly stated otherwise, do not include the costs of shipping, handling, packaging, shipping insurance or any other additional services and annexes to the product or service purchased.

The prices applicable to each product are those published on the website and are stated in the EURO currency. The user assumes that the economic valuation of some of the products may vary in real time.

Before making your purchase, you will be able to check all the details of the quotation online: items, quantities, price, availability, shipping costs, charges, discounts, taxes and the total amount of the purchase. Prices may change daily, until the order is placed.

Once the order has been placed, prices will be maintained whether or not products are available.

Any payment made to the provider will result in the issuance of an invoice in the name of the registered user or the company name provided by the user at the time of placing the order. This invoice will be sent together with the purchased product, as well as in PDF to the email address provided by the user, or in the tab enabled for this purpose in the user profile.

For any information about the order, the user may contact the provider’s customer service telephone number (+34) 667451669 or e-mail at info@ilustrastudios.com.

 

  1. SHIPPING COSTS

Prices do not include shipping or communication costs, nor installation or download costs, nor additional services, unless otherwise expressly agreed in writing.

The shipping costs will be calculated at the time of saving the basket or quotation, as they are calculated by the weight of the products and by the delivery address according to the table below.

We currently do not ship to Russia or China via the website.

 

  1. PAYMENT METHODS

The Provider offers the following methods of payment for an order:

  1. Debit/credit card through our Virtual POS.
  2. Paypal
  3. Bank transfer.
  4. If you need to make the payment by another means of payment, you can contact the Provider either via the Provider’s customer service telephone number (+34) 667451669 or via e-mail at info@ilustrastudios.com .

 

  1. Security measures

The website uses information security techniques generally accepted in the industry, such as firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorised access to data. To achieve these purposes, the user/customer agrees that the provider obtains data for the purpose of authentication of access controls.

The Provider undertakes not to allow any transaction to be considered illegal by the credit card brands or the acquiring bank, which may have or has the potential to damage their goodwill or have a negative effect on them.

The following activities are prohibited under the card brand programmes: the sale or offer of a product or service that does not comply with all laws applicable to the purchaser, issuing bank, merchant or cardholder of the card(s).

 

  1. PURCHASE PROCESS – Basket (quote simulation)

You can add any product from our catalogue to your basket. In the basket, only the items, quantity, price and total amount will be displayed. Once the basket has been saved, taxes, charges and discounts will be calculated according to the payment and shipping details entered.

The basket does not establish any commercial agreement, it is only a section where you can simulate a quote without any commitment on any side.

From the basket you can place an order by following the steps below for its correct validation:

  1. Verification of invoicing data
  2. Verification of the shipping address
  3. Selection of the method of payment
  4. Placing the order (buy)

 

Once the order has been processed, the system instantly sends an e-mail to the provider’s management department and another one to the e-mail address provided by the user, confirming that the order has been placed.

Orders (purchase requests)

Within a maximum of 24 hours, on working days, an email will be sent to the user confirming the status of the order and the approximate dispatch and/or delivery date if the order is placed before 2pm. If the order is placed after 2 p.m., this process may take up to 48 hours.

 

  1. WARRANTIES AND RETURNS

The guarantee of the products offered will meet the following articles stated in the Real Decreto Legislativo 1/2007 (Royal Legislative Decree 1/2007), of 16 November, which approves the revised text of the Ley General para la Defensa de los Consumidores y Usuarios (General Law for the Defence of Consumers and Users) and other complementary laws, in particular but not exclusively, articles 114 to 124 of the Real Decreto Legislativo 1/2007 (Royal Legislative Decree 1/2007), of 16 November, which approves the revised text of the Ley General para la Defensa de los Consumidores y Usuarios (General Law for the Defence of Consumers and Users), provided that the user has the status of consumer or user.

The only guarantee offered by this website is the one related to the materials with which the products are made, a guarantee that derives from the manufacturer, as long as the materials have been used correctly in accordance with the preservation indications.

 

  1. DEFECTIVE PRODUCT ON DELIVERY.

In the event that the product is damaged during transport, the customer must indicate this on the carrier’s delivery note.

If, after checking the order, the customer observes differences between the material received and the delivery note, or the order is damaged, he/she should contact ILUSTRASTUDIOS as soon as possible using the contact form established for this purpose, at the address info@ilustrastudios.com or by telephone (+34) 667451669, indicating the order or invoice number and details of the defects.

It is very important that once the carrier has left, even if the box is in perfect condition on the outside, the customer checks the item and assures that it has no blows or aesthetic damage and, if possible, proceed to test the item. The transport companies are not responsible for damage caused by transport after 24 hours, once you have received the shipment.

 

  1. CODE OF CONDUCT

We inform you that Ilustrastudios does not adhere to any code of conduct, neither its own nor that of third parties. In the future, this adherence may be modified at Ilustrastudios’ own will, without express written communication to its consumers and/or users.

 

  1. APPLICABLE LAW AND JURISDICTION

The language in which the relationship with the consumer and/or user is held shall be Spanish. These conditions shall be governed by or interpreted in accordance with Spanish legislation in all matters not expressly established. The provider and the user agree to submit any dispute that may arise from the provision of the products or services covered by these conditions to the courts and tribunals of the user’s address in Spain in the event that the user is a costumer, and to the courts and tribunals of Elche in the event that the user is not a costumer.

Updated in May 2021.

 

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