PURCHASE CONDITIONS OF THE «arvivid.com» WEBSITE
These purchase conditions (the “Purchase Conditions”) establish the terms and conditions that govern the relationship between ARVIVID S.L. (“ARVIVID”), a Spanish entity domiciled at Vía Dos Castillas 33, Edif. 4, 1st floor, 28224 Pozuelo de Alarcón, with Fiscal Identification Number: B67763193, and the users (the “Users”) who purchase art prints, photographic prints, limited edition prints or original artworks (the “Creations”) of independent artists (the “Collaborators”), framed, or not, according to their preferences (the “Products”), distributed by ARVIVID on the website www.arvivid.com(the “Website”).
You will always find the latest version of these Purchase Conditions on the Website, being available in English and Spanish, as well as in those other languages that are available on the Website at all times.
2. PRODUCTS, PRICE AND PAYMENT METHODS
Through the Website, ARVIVID offers Users the possibility of acquiring the Products. The Products consist of printed and framed physical reproductions of the Creations and original Creations in the ARVIVID catalog. Users can select the corresponding Creation, as well as the characteristics of its printing and framing according to their preferences, within those offered by ARVIVID on the Website.
The final purchase price of the Products displayed on the Website at check-out, once the User has selected the Creation with its corresponding print variant, will include the shipping costs of the Products, VAT and other applicable taxes (the “Price”). Additional charges may apply to the shipping of original Creations. ARVIVID will contact the User directly with information about their purchase of the original Product.
The Products available on the Website can be purchased through any of the following payment methods: Visa, MasterCard, American Express, China UnionPay, Paypal, Apple Pay and Google Pay.
3. USER ACCOUNT
To make a purchase customers have an option to check out as a guest or register as a customer.
Users can register as a customer by creating a User account. To do this, they must complete the form provided for this purpose on the Website (providing, among other possible data, name and surname, contact telephone number, email address and full shipping address), and determine a personal username and password. Users may log into their User account using their account ID and password.
Only one User account is allowed for each User. Users are responsible for the veracity, accuracy and authenticity of the data provided. ARVIVID reserves the right to delete any User account that contains false, incorrect, or inauthentic personal data.
Users are obliged to keep the information contained in their User account updated, as well as to keep their access codes (account id and password) secret at all times, without communicating or providing them to third parties. ARVIVID will not be liable for damages caused by third parties who have access to the User account, regardless of whether they have authorization from the owner.
4. PURCHASE PROCESS
To purchase Products on the Website, Users must follow the steps below:
- a) Select one / several Creation (s) available from the online catalog.
- b) Choose the framing and printing mediums for each selected Creation.
- c) Choose a guest check out or register as a client in the terms indicated in clause 3 above. In the event that the User already has a User account, they will simply have to log in with their personal Account ID and password.
- d) Select a payment method with which to make the purchase and provide the requested data.
- e) Expressly accept these Purchase Conditions.
- f) Press the “Buy” button.
- g) Finally, the User will be redirected to the platform of the corresponding financial entity, and must follow the payment instructions that it provides.
Once the described purchase process is completed, the User will receive an email confirming the purchase at the email address provided for this purpose. It will indicate the number and characteristics of the order, and the estimated date and delivery address.
With the completion of the purchase process and the corresponding acceptance of these Purchase Conditions, the User declares and guarantees to ARVIVID that they have the necessary legal capacity to act, contract and acquire the Products through the Website, which will correctly complete all the data that is requested during the purchase process and that the data that you will enter is true, up-to-date and does not correspond to any third party.
In the case of contracts made by minors, ARVIVID will not be responsible for the validity of the consent granted to the contract or the need for their legal representatives to validate this contract. Likewise, it is not the responsibility of ARVIVID to verify the veracity or accuracy of the data provided by the Users. Therefore, ARVIVID will not assume any responsibility for those who fail to comply with the obligations to provide their authentic, real, truthful and lawful information, being these parties themselves the ones solely responsible for the false or inaccurate data for any purposes, and data that entered during the hiring process, as well as damages of any kind caused to ARVIVID, the Collaborators or third parties arising from this circumstance.
5. CONDITIONS AND SHIPPING COSTS
During the processing of the order, an estimated delivery date will be shown to the Users, which will depend on the postal address and the availability of the Product, and the shipping costs applicable to the postal address. Deliveries are made from Monday to Friday, from 9 a.m. to 9 p.m. The applicable shipping rates will depend on the destination and the estimated delivery time is as follows for each indicated territory:
- Europe (European Union and European Free Trade Agreement countries – Iceland, Liechtenstein, Norway and Switzerland), the UK and the USA: 5-9 business days.
- The rest of the world: 7-20 business days.
The delivery period is calculated from the completion of the purchase. In any case, the indicated delivery time is an estimate and may depend on circumstances beyond our control and not attributable to ARVIVID.
Delivery costs will be calculated according to total cart value and shipping address as follows:
- ARVIVID is offering free shipping for orders over 150€ to the European Union, European Free Trade Agreement (Iceland, Liechtenstein, Norway and Switzerland), the UK and USA in 2022. Conditions are subject to further change.
|Cart Value||Shipping Cost|
0 - 150 €
- Rest of the world. Buyers are responsible for the aplicable import tariff if any.
|Cart Value||Shipping Cost|
0 - 150 €
150 - 500 €
500 - 1000 €
1000 - 1600 €
ARVIVID holds the right of correcting, altering or modifying these costs at any time.
6. INTELLECTUAL AND INDUSTRIAL PROPERTY
The intellectual and industrial property rights, or rights of any other type, over the Creations are the exclusive property of ARVIVID and / or its licensors (including Collaborators) or licensees.
Consequently, the use, reproduction, transmission, transformation, dissemination, disclosure, publication, distribution, public communication (including making the Creations available to the public on the Internet) or exploitation in any way of the Creations or any of its elements, in whole or in part. Notwithstanding the foregoing, Users are exclusively authorized to make images of the Products they have acquired available to the public on social networks, free of charge, for non-commercial purposes, and for the sole purpose of publicizing the acquisition of the Products and the underlying Creations, the Website and / or ARVIVID, and provided that they include in the publication the hashtag #arvividart and / or tag @arvivid.art or otherwise mention ARVIVID/ARVIVID.com in the publication in question. This authorization does not enable Users to make images of Products purchased on the Website or of Creations on third-party websites, applications or other platforms other than social networks available to the public, nor to make images of Products or Creations in social networks for commercial purposes.
Users acknowledge and accept that the acquisition of Products does not imply the transmission of any intellectual or industrial property rights, such as copyrights, related rights and other sui generis rights, trademarks, trade names, designs and other rights, over the Creations. and its elements.
The Users will be the only responsible party to ARVIVID, to the Collaborators and to third parties for any infringement of intellectual, industrial, or similar property rights carried out in relation to the Creations, in whole or in part.
7. REFUND AND RETURN POLICY
Users, when they have the legal status of consumer under the terms established in current legislation and purchase Products in that condition, will have the right to return Product purchases without the need for justification and request a refund. The period that Users will have to withdraw from the purchase will be fourteen (14) calendar days from the date of receipt of the Product purchased by the User. In the event that the User has purchased more than one (1) Product on the Website in the same order, the period will be counted from the receipt of the last of the Products.
To exercise their right of withdrawal, Users must notify ARVIVID within 14 days from the purchase their decision to return the Product(s) through an express and unequivocal statement. This decision may be communicated by the Users, without being exhaustive, through a communication sent by email.
Users may submit their decision to return the Product(s) through the following ARVIVID contact point:
Recipient: ARVIVID S.L.
It will be understood that a User has correctly exercised the right to return the Productand receive a refund if a notification of return is sent to ARVIVID by the above mentioned means before the expiration of the term provided at the beginning of this clause.
In the event that a User correctly requests the return and refund of the Product:
a) ARVIVID will provide a return shipping label. To protect the Product, the User is required to return the Product in the original packaging by attaching the return shipping label to it.
ARVIVID will reimburse the User the amount of the Purchase Price (excluding delivery costs) without any undue delay and, in any case, within fourteen (14) calendar days from the date on which ARVIVID receives the Product return. ARVIVID will make this refund to the User using the same means of payment used by the User to pay the Purchase Price unless the User has expressly provided otherwise.
b) The rights conferred by the purchase of the Product will expire for all purposes.
In the event of exercising this right due to faulty products, the Customer shall provide ARVIVID with good-quality photographs showing the damaged parts. ARVIVID will later coordinate the return of the damaged goods with the customer, at ARVIVID’s expense.
8. DATA PROTECTION
9. COOKIES AND SIMILAR TECHNOLOGIES
Users can find more information in the Cookies Policy.
For the purposes of these Purchase Conditions and for any communication required between Users and ARVIVID, Users may send an email to firstname.lastname@example.org.
11. MODIFICATIONS TO THE PURCHASE CONDITIONS
ARVIVID reserves the right to modify or update the Purchase Conditions at any time, although these eventual modifications will not affect the purchases of Products that Users have already made. The version of the Purchase Conditions applicable in each case will be the one in force at the time of purchase.
12. INDEPENDENCE AND INTEGRATION OF CLAUSES
The illegality, invalidity, or ineffectiveness of any of the clauses of the Purchase Conditions will not affect the effectiveness of the rest, provided that the rights and obligations of the parties derived from the Purchase Conditions are not essentially affected. Essential is understood to be any situation that seriously injures the interests of any of the parties, or that the Purchase Conditions fall on the object itself. Said clauses must be replaced or integrated with others that, being in accordance with the law, respond to the purpose of the substituted ones. The parties waive any claim for damages that may be requested by this circumstance.
13. APPLICABLE LAW, JURISDICTION AND ALTERNATIVE DISPUTE RESOLUTION
The Purchase Conditions are governed by common Spanish legislation. If the User is a consumer, the Purchase Conditions will also be subject to any applicable local legislation.
Any controversy related to the Purchase Conditions will be submitted to the competent courts of the city of Barcelona (Spain), and in the case of a User acting as a consumer, to the court of the domicile that corresponds to the User / consumer.
The User, in the event of acting as a consumer, may also submit any dispute derived from or related to these Purchase Conditions to an alternative dispute resolution procedure (“ADR”). The list of ADR platforms available from the European Commission can be consulted at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.
Notwithstanding the foregoing, ARVIVID does not undertake nor is it obliged to take part in online dispute resolution processes before the consumer arbitration body.
The Spanish language version of the Purchase Conditions shall prevail in the case of discrepancy or inconsistency between the English version (translation) and the Spanish version (Original), each of which shall be deemed authentic.