Terms of service
1. Identification and contact details.
The sale of all products displayed on the www.silviaandthespyglass.com Website (hereinafter referred to as "the Website") is subject to the general conditions set out below.
The use of the online purchase on this website constitutes acceptance of these general conditions of purchase, including all additional terms and conditions, where appropiate, and the policies referred to herein and/or that are available through hyperlinks.
However, if you have any questions about this general conditions, please contact our customer service by email at: firstname.lastname@example.org
Please, send us your comments, suggestions, as well as any inquiries or complaints through the contact route indicated above.
The user declares that he/she is of legal age or emancipated and that he/she has the necessary legal capacity to act and contract on this website in accordance with the conditions detailed below, which he declares to understand and accept. Therefore, SILVIA & THE SPYGLASS disclaims any liability for non-compliance with this requirement.
These terms constitute the entire agreement between you and us in connection with the subject matter thereof, and supersede any prior agreements, agreements or promises between you and SILVIA & THE SPYGLASS orally or in writing.
We reserve the right to amend these General Conditions of Purchase at any time, in order to adapt them to the legal and economic circumstances at the time. The modifications made will not be retroactive and once published, they will take effect from the next order that you place through the Website.
3. Description and types of products.
You can find the following products on this Website:
3.1 Paintings from Silvia & The Spyglass Gallery.
They are original hand-painted paintings made in different materials, sizes and formats, which are identified in the gallery of available products.
You can find detailed images of the pictures for sale, although we cannot guarantee that your screen will display the colors accurately.
These paintings are sold unframed. Notwithstanding the foregoing, exceptionally and where expressly stated in the product description, some pieces may be put up for sale under the built-in framework, in which case the conditions of sale and transport will differ from other products.
Conditions applicable to the shipment and transport of framed paintings can be found in paragraph 8 of these Conditions of Purchase.
3.2 Customized paintings.
Are original hand-painted paintings custom made in different materials, sizes and formats. The theme and content of the customized paintings can be selected by the user, and in this case, the artist Silvia Sánchez will create an original work according to the indications received from the user.
Conditions applicable to the order and acquisition of custom tables can be found in section 7.2 of these Conditions of Purchase.
It is important to consider the above differentiation because the types of products indicated above have different conditions of sale, order, shipping and return that will be described in these conditions and will be specified throughout the purchase process.
4. Product shipments and deliveries
The purchase of the products offered on this Website is valid in national and international territory.
Natural persons residing outside the national territory may also benefit from the online purchase service of this Website or, if they choose that option, they can also pick up the painting in store at the SILVIA & THE SPYGLASS establishment located at the following address: Calle Hernani, 9 Donostia-San Sebastián CP:20004.
5. Prices and taxes
All prices shown on this Website are indicated in Euros and include shipment costs and indirect taxes.
In accordance with current legislation, SILVIA & THE SPYGLASS is obliged to charge IVA at the legally applicable rate in national territory and cases thus stipulated by law.
Once the purchase form has been completed and before processing the payment, a final summary will be presented identifying the paintings purchased and their final price (taxes and transportation included).
6. Recording and truthfulness of the information
To make a purchase on this Website it is not necessary to be registered.
The personal data provided during the purchase process will be processed by SILVIA & THE SPYGLASSS to manage the orders placed, as well as to send you information about similar products, campaigns or discounts if applicable.
All information provided by users must be truthful. For this purpose, the user guarantees the authenticity of the data communicated through the forms for the purchase of the products, customized paintings request form, and/or contact form. It will be the user's responsibility to keep all data updated. In any case, the user will be solely responsible for the false or inaccurate statements entered in such forms and for the damages caused to the provider or third parties.
7. Purchasing process and payment methods.
The user will be informed during the purchase process, and will be able to display on the screen before formalizing the order the particular conditions of sale applicable to his order (products purchased, quantity, detail, delivery dates, ... etc.) and should accept it without reservation. The purchase order and its confirmation by the user materialize the full and complete acceptance of the particular conditions of sale applicable to each order.
7.1 Gallery Paintings Purchasing Process:
To make any purchase of the paintings published in the "Gallery" section of the Website, users must follow these steps:
- Access to the "Gallery" section located in the navigation menu.
- Select the desired item and add to the "shopping cart".
- To complete the order, you must choose the option "finish order" and provide the following required data:
- Contact Details
- Address Shipping
- Shipping Method
- Shipping Data
- Payment Method
- If the user wants to "continue shopping", the item will be registered in the “shopping cart” and the user can continue browsing through the website. The moment you wish, you can complete the purchase by clicking on the “shopping cart” icon at the right top.
- After making the payment, the user will receive a confirmation e-mail with the invoice and the purchase details.
7.2 Customized Paintings Purchasing Process:
- To order a custom painting, the user must submit the corresponding form indicating the details of the order he/she wants to make.
- SILVIA & THE SPYGLASS will proceed to contact the user by telephone to establish the object and details of the order, as well as the conditions and expectations related to it.
- Once the above points have been finalized, SILVIA & THE SPYGLASS will send an e-mail summarizing the terms agreed by telephone, detailing the order and its conditions.
- Then, to formalize the order, the user must make a transfer of 50% of the agreed budget to the account number provided by SILVIA & THE SPYGLASS.
- If user finally decides to cancel the order placed before the expected delivery date, SILVIA & THE SPYGLASS will retain the amount received to place the order with the purpose of meeting the expenses generated by the execution of the work entrusted, and also reserves the right to include the paintings subject to the cancellation in its sales catalogue.
- Once the work is completed, the user must make the payment of the remaining 50%, so SILVIA & THE SPYGLASS can proceed to shipping the painting to the delivery address previously provided by the user.
- Once the work is completed and the receipt of the product by the user is confirmed, the return of the painting will not be accepted.
7.3 Order confirmation
We will confirm your order's acceptance by email to the address provided during the purchase process. SILVIA & THE SPYGLASS reserves the right not to confirm an order for any specific reason such as the receipt or completion of the order, or a foreseeable problem regarding delivery. In any case, the user will be informed of these circumstances.
If a Gallery painting is not in stock at the time of placing the order, we will let you know so you can cancel your order or select another painting from the Gallery.
7.4 Payment methods
The requested paintings will be delivered after payment by one of the following payment methods:
- Visa, MasterCard or American Express. Once the purchase process is completed, a new page will open to enter the card details (card number, expiration date and security code). When the payment process is completed through the customer's bank, SILVIA & THE SPYGLASS will proceed to send the painting.
- Bank transfer to the IBAN number indicated on the website. Once the purchase process is completed the customer must make the transfer corresponding to the resulting amount and send a proof of payment to the e-mail address email@example.com. At that moment, the selected painting will be formally reserved. Once SILVIA & THE SPYGLASS has received the transfer to the destination bank account, it will proceed to send the painting.
To collaborate in the prevention of fraud over the Internet, SILVIA & THE SPYGLASS reserves the right to verify the personal data provided by the customer and take the measures it deems appropriate (including the cancellation of the order) so that the purchased goods are delivered in accordance with the data contained in the order.
8. Delivery and Shipping Costs.
SILVIA & THE SPYGLASS includes both domestic and international shipping costs, within the price of its products.
The delivery time of the purchased products will be the one indicated in each case at the end of the order.
In any case, users may choose to pick up the painting at the store located at Calle Hernani, no. 9; 20004 -Donostia-San Sebastián or request the shipment of the product.
In case of framed paintings, users must pick up the product at the store abovementioned or request the shipment of the product, considering that, in this case, the delivery address may not exceed a distance of 250 kilometers from the store.
In cases where the user has opted for the method of delivery at the store, customers must proceed to the collect of such framed paintings within a maximum period of 15 days from the date on which we inform him/she that the order is available at the store. After this period, if the user does not proceed to collect the product, SILVIA & THE SPYGLASS reserves the right to decide whether to return the money and proceeds to include the paintings again in the sales catalog.
If after such period the order has not been delivered for reasons not attributable to SILVIA & THE SPYGLASS, we will understand that you wish to withdraw from the contract, and we will refund the payment made by you in connection with such order.
9. Returns of Defective Products and Legal Guarantee
In cases where you detect at the time of delivery, that the painting is damaged or has flaws, you must contact us immediately and within a maximum period of 24 hours, through our e-mail address firstname.lastname@example.org where we will indicate how to proceed.
All paintings purchased through this Website must be returned in their original packaging to the address of SILVIA & THE SPYGLASS at Calle Hernani, 9 Donostia-San Sebastián CP:20004, during business hours.
We will proceed to carefully examine the returned painting and notify you by e-mail if the refund proceeds, or repair it. In such a case, SILVIA & THE SPYGLASS will bear the costs of returning and subsequent forwarding the repaired paintings.
10. Right of Withdrawal.
In the case of paintings from SILVIA & THE SPYGLASS Gallery you have the right to withdraw from the contract within 14 calendar days without justification.
The withdrawal period shall expire 14 calendar days from the day on which you or a third party indicated by you, other than the carrier, acquired material possession of the paintings purchased.
To exercise the right of withdrawal, you must send a communication to SILVIA & THESPYGLASS at the email@example.com indicating your decision to withdraw from the contract through an unequivocal statement.
To do this, you can use the withdrawal form model available in this link, although its use is not mandatory.
In case of withdrawal on your part, we will refund all payments received from you without undue delay, and in any case within 14 days from the date you inform us of your decision to withdraw from this contract.
Notwithstanding the foregoing, we may withhold the refund until we have received the painting purchased or until you have provided evidence of the return of the painting.
You must return to us the painting purchased within its original packaging, within a maximum period of 14 calendar days from the date on which you inform us of your decision to withdraw the contract, in our store at Calle Hernani, 9 Donostia-San Sebastián CP:20004, during business hours, or through a shipment by courier service. In this second case, you must bear the direct cost of shipping for returning the painting or paintings purchased.
In the case of customized paintings, you will not have the right to withdraw from the contract, and only returns will be accepted in case of defective frames in accordance with the contents of paragraph 9 above.
11. Force majeure
SILVIA & THE SPYGLASS declines all liability for breaches or delays in fulfilling any of the obligations assumed when it is due to events beyond our reasonable control ("cause of force majeure").
Causes of force majeure shall include any act, event, lack of exercise, omission or accident beyond our reasonable control, and among others, the following:
a) Strikes, lockouts, or other claims.
b) Civil commotion, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or preparations for war.
c) Fire, explosion, storm, flood, earthquake, sinking, epidemic or any other natural disaster.
d) Imposibilidad de uso de trenes, barcos, aviones, transportes de motor u otros medios de transporte, públicos o privados.
e) Impossibility to use public or private telecommunications systems.
f) Acts, decrees, legislation, regulations or restrictions of any government or public authority.
Obligations shall be deemed to be suspended for the period in which the cause of force majeure continues, and we shall have an extension within the period to fulfil those obligations for a period of time equal to that of the cause of force majeure. We will put all reasonable means to end the cause of force majeure or to find a solution that allows us to fulfill our obligations despite the cause of force majeure.
12. Out of court dispute resolution
If you as a consumer believe that your rights have been unfulfilled, you can direct your complaints through the e-mail firstname.lastname@example.org in order to request an out-of-court settlement of disputes.
In relation to this matter, if the acquisition between you and us has been made online through our Website, in accordance with Article 14.1 of Regulation (EU) 524/2013, we inform you that the European Commission provides an online dispute resolution platform, which is available at the following link: http://ec.europa.eu/consumers/odr/.
13. Applicable Law and Jurisdiction
The use of our website and the contracts for the purchase of products through this website will be governed by Spanish law.
Any dispute arising out of or relating to the use of the website or such contracts shall be subject to the non-exclusive jurisdiction of the Spanish Courts and Tribunals.
If you have contracted as a consumer, nothing in this clause will affect the rights granted to you by applicable law.
MODEL OF WITHDRAWAL FORM
(you should only complete and submit this form if you wish to withdraw from the contract)
To the attention of SILVIA & THESPYGLASS with address at Calle Calle Hernani, 9 Donostia-San Sebastián CP:20004 and email email@example.com.
- I hereby confirm that I withdraw from my contract to sell the following product: ____________________
- Order on... / received on _________________
- Consumer and user name: ___________________
- Consumer and user address: ____________________
- Signature of the consumer and user ______________
- Date: ___________________