Terms & Conditions
Conditions
1. INTRODUCTION
This document (together with the documents mentioned therein) establishes the terms and conditions governing the use of this website and the purchase of products on it (hereinafter, the "Conditions").
Please read the Conditions carefully before using this website. By using this website or placing an order through it, you agree to be bound by these Conditions, so if you do not agree with all the Conditions, you should not use this website.
These Conditions may be modified. It is your responsibility to read them periodically, as the current conditions at the time of use of the website or conclusion of the Contract (as defined below) will be applicable to you.
2. OUR INFORMATION
This website is operated under the name TWENTY NINE ART, a Spanish company with registered office at Arroyo de los Ángeles 87, 29011 Málaga with VAT number 09077625P.
3. YOUR DATA AND YOUR VISITS TO THIS WEBSITE
The information or personal data you provide about yourself will be treated in accordance with the provisions of the Privacy Statement. By using this website, you consent to the processing of such information and data, and declare that all the information or data you provide is true and corresponds to reality.
4. USE OF OUR WEBSITE
By using this website and placing orders through it, you agree to:
a. Use this website only to make legally valid inquiries or orders.
b. Not place any speculative, false, or fraudulent orders. If it could reasonably be considered that such an order has been placed, we are entitled to cancel it and inform the relevant authorities.
c. Provide us with accurate and correct email address, postal address, and/or other contact information. You also consent that we may use this information to contact you if necessary (see our Privacy Policy).
If you do not provide us with all the necessary information, we will not be able to process your order.
By placing an order through this website, you declare that you are over 18 years of age and have legal capacity to enter into binding contracts.
5. SERVICE AVAILABILITY
The items offered through this website are only available in Spain
6. CONTRACT CONCLUSION
The information contained in these Conditions and the details on this website do not constitute a sales offer, but an invitation to do business. There will be no contract between you and us in relation to any product until your order has been expressly accepted by us. If your offer is not accepted and a charge has already been made to your account, the amount will be fully refunded.
To place an order, you must follow the online purchasing procedure explained in the buying guide. After this, you will receive an email acknowledging receipt of your order (the "Order Confirmation"). Please note that this does not mean your order has been accepted, as it constitutes an offer that you make to us to purchase one or more products. All orders are subject to our acceptance, of which you will be informed through an email confirming that the order is being shipped (the "Shipping Confirmation"). The contract for the purchase of a product between us (the "Contract") will only be formalized when we send you the "Shipping Confirmation".
Only those products related in the Shipping Confirmation will be subject to the Contract. We are not obliged to supply any other product that may have been ordered until we confirm its shipment in a Shipping Confirmation.
PRODUCT AVAILABILITY
All product orders are subject to availability. In this sense, if there are difficulties in the supply of products or if items are out of stock, we will refund any amount paid.
REFUSAL TO PROCESS AN ORDER
We reserve the right to withdraw any product from this website at any time and to remove or modify any material or content from it. Although we will do our best to always process all orders, there may be exceptional circumstances that require us to reject the processing of an order after sending the Order Confirmation, so we reserve the right to do so at any time, at our sole discretion. We will not be liable to you or any third party for withdrawing any product from this website, regardless of whether the product has been sold or not, for removing or modifying any material or content from the website, or for refusing to process an order once we have sent the Order Confirmation.
DELIVERY
Without prejudice to what is established in the previous Clause 7 regarding product availability and unless extraordinary circumstances arise, we will try to send the order of the product/s related in the Shipping Confirmation before the delivery date indicated in our Shipping Cost Guide or, if no delivery date is specified, within 15 days from the date of the Shipping Confirmation. However, delays may occur for any of the following reasons:
- product customization,
- specialized items,
- unforeseen circumstances, or
- delivery area.
If for any reason we cannot meet the delivery date, we will inform you of this situation and give you the option to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. Please note, in any case, that we do not make deliveries on Saturdays or Sundays.
For the purposes of these conditions, it will be understood that the delivery has taken place or that the order has been delivered at the moment of signing the receipt of it at the agreed delivery address.
10. IMPOSSIBILITY OF DELIVERY
If after two attempts it is impossible for us to deliver your order, we will contact you to arrange a new pick-up date/time. In any case, the transport agency will leave a notice to contact them and how to pick it up. If you will not be available at the delivery location at the agreed time, please contact us to arrange delivery on another day.
If 20 days have passed since your order is available for delivery, and it has not been delivered due to reasons not attributable to us, we will understand that you wish to withdraw from the contract and consider it resolved. As a result of the resolution of the contract, we will refund the price paid for such products as soon as possible and, in any case, within a maximum period of 30 days from the date we consider the contract resolved. In these cases, we will be authorized to pass on the transport costs resulting from the resolution of the contract.
11. TRANSFER OF RISK AND OWNERSHIP OF PRODUCTS
The risks of the products will be your responsibility from the moment of their delivery. You will acquire ownership of the products when we receive full payment of all amounts due in relation to them, including shipping costs, or at the time of delivery (as defined in the previous Clause 9) if this occurs at a later time.
12. PRICE AND PAYMENT
The price of the products will be the one stipulated at all times on our website, except in the case of a manifest error. Although we try to ensure that all prices listed on the website are correct, errors may occur. If we discover an error in the price of the products you have ordered, we will inform you as soon as possible and give you the option to confirm your order at the correct price or cancel it. If we are unable to contact you, the order will be considered canceled and any payments made will be fully refunded.
We will not be obligated to provide any product at the incorrect lower price (even if we have sent you the Shipping Confirmation) if the price error is obvious and unmistakable and could have been reasonably recognized by you as incorrect.
The prices on this website include VAT but exclude shipping costs, which will be added to the total amount due as stated in our Shipping Costs Guide.
Prices may change at any time, but, unless otherwise stated, any changes will not affect orders for which we have already sent a Shipping Confirmation.
Once you have made your purchases, all the items you want to buy will have been added to "YOUR CART" and the next step will be to process the order and make the payment. To do so:
1. Click on the "YOUR CART" button at the top of the page.
2. Click on the "CHECKOUT" button.
3. If you have an account "SIGN IN", if not then proceed to check the payment information, contact information, your order details, the address where you want the order to be shipped to, and the address where the invoice should be sent.
4. If you need to change any of this information, click on "MY ACCOUNT".
5. Click on "CONTINUE WITH PAYMENT".
You can make the payment with Visa, Visa Electron, Mastercard, Maestro, and American Express cards. To minimize the risk of unauthorized access, your credit card data will be encrypted. Once we receive your order, we will pre-authorize your credit card to ensure that there are enough funds to complete the transaction.
By clicking on "AUTHORIZE PAYMENT" you are confirming that the credit card is yours.
Credit cards will be subject to checks and authorizations by the issuing entity, but if said entity does not authorize the payment, we will not be responsible for any delays or non-delivery and we will not be able to formalize any Contract with you.
13. INTELLECTUAL PROPERTY
You acknowledge and consent that all copyright, trademarks, and other intellectual and industrial property rights on the materials or contents provided as part of the Web Page belong to us at all times. You may only use such material in the manner that we expressly authorize you. This will not prevent you from using this Web Page to the extent necessary to copy the information about your order or Contact data.
14. LINKS FROM OUR WEBSITE
In the event that our website contains links to other websites and materials from third parties, these links are provided solely for informational purposes, without us having any control over the content of such websites or materials. Therefore, we do not accept any responsibility for any damage or loss arising from their use.
15. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The Contract is binding on you and us, as well as our respective successors, assignees, and heirs.
You may not transfer, assign, encumber or otherwise transfer a Contract or any of the rights or obligations arising from it in your favor or for you without having obtained our prior written consent.
We may transfer, assign, encumber, subcontract, or otherwise transfer a Contract or any of the rights or obligations arising from it in our favor or for us, at any time during the term of the Contract. To avoid any doubt, such transfers, assignments, encumbrances, or other transfers will not affect your rights as a consumer recognized by law or nullify, reduce, or limit in any other way the warranties, both express and implied, that we may have granted you.
16. EVENTS BEYOND OUR CONTROL
We will not be liable for any non-compliance or delay in the fulfillment of any obligations we assume under a Contract, the cause of which is events that are beyond our reasonable control (Force Majeure).
Force Majeure Events will include any act, event, failure to exercise, omission, or accident that is beyond our reasonable control and will include in particular (without limitation) the following:
a. Strikes, lockouts or other industrial action.
b. Civil unrest, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not) or threat or preparation for war.
c. Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.
d. Inability to use trains, boats, airplanes, motor transportation or other means of transportation, public or private.
e. Inability to use public or private telecommunications systems.
f. Acts, decrees, legislation, regulations or restrictions of any government or public authority.
g. Strikes, failures or accidents in maritime or river transport, postal or any other type of transport.
It will be understood that our obligations arising from the Contracts will be suspended during the period in which the Force Majeure Event continues, and we will have an extension in the deadline to fulfill these obligations for a period of time equal to the duration of the Force Majeure Event. We will make every reasonable effort to end the Force Majeure Event or to find a solution that allows us to fulfill our obligations under the Contract despite the Force Majeure Event.
17. WAIVER
Our failure to require strict compliance by you of any of the obligations assumed by you under a Contract or these Conditions or our failure to exercise the rights or actions that may correspond to us under said Contract or the Conditions, will not constitute waiver or limitation in relation to said rights or actions nor will it exempt you from complying with such obligations. No waiver by us of a specific right or action will constitute a waiver of other rights or actions derived from the Contract or the Conditions. No waiver by us of any of these Conditions or the rights or actions derived from the Contract will take effect unless it is expressly stated to be a waiver and formalized and communicated to you in writing in accordance with the provisions of the previous Notifications section.
18. PARTIAL INVALIDITY
If any of these Conditions or any provision of a Contract is declared null and void by a competent authority, the remaining terms and conditions will remain in force, unaffected by such declaration of nullity.
19. COMPLETE AGREEMENT
These Conditions and any document expressly referred to in them constitute the entire agreement between you and us regarding their subject matter and supersede any other prior pact, agreement, or promise agreed between you and us verbally or in writing.
You and we acknowledge having consented to the celebration of the Contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations conducted by both before said Contract, except what is expressly mentioned in these Conditions.
Neither you nor we will have a claim against any uncertain statement made by the other party, verbal or written, prior to the date of the Contract (unless such uncertain statement was made fraudulently) and the only action the other party will have is for breach of contract in accordance with the provisions of these Conditions.
20. OUR RIGHT TO MODIFY THESE CONDITIONS
We have the right to revise and modify these Conditions at any time.
You will be subject to the policies and Conditions in force at the time you use this Website or place each order, unless by law or decision of government agencies we must make retroactive changes to said policies, Conditions or Privacy Policy, in which case, any changes will also affect orders you have previously made.
21. COMMENTS AND SUGGESTIONS. COMPLAINT FORMS
Your comments and suggestions will be welcome. We ask you to send us such comments and suggestions through our email tw9design@gmail.com.
In addition, we have official complaint forms available to consumers and users. You can request them by calling the phone number 654 413 310 or through our email tw9design@gmail.com.