María Teresa Mira Ibáñez in compliance with the provisions of article 10 of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce], with the following data:
- Company name : María Teresa Mira Ibáñez
- NIF : 22698414J
- Registered office : Torre Arias, 4, 28022, Madrid
- Contact : info@mayesamira.com
The company María Teresa Mira Ibáñez is the owner of the domain www.mayesamira.com and the Internet pages that are accessed through said domain and are hosted on it.
This website cannot guarantee its permanent availability, nor the absence of viruses or other harmful elements that could cause damage to computer systems. Likewise, it is not responsible for direct or indirect damages and losses derived from the use or access to said site.
Intellectual and industrial property
María Teresa Mira Ibáñez by herself or as an assignee, is the owner of all the intellectual and industrial property rights of the Website www.mayesamira.com , as well as the elements contained therein (by way of example and not exhaustive, images, sound, audio, video, software or texts, trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). They will, therefore, be works protected as intellectual property by the Spanish legal system, both Spanish and Community regulations in this field being applicable, as well as international treaties relating to the matter and signed by Spain.
All rights reserved. By virtue of the provisions of the Intellectual Property Law, the reproduction, distribution and public communication, including the method of making them available, of all or part of the contents of this website, for commercial purposes, are expressly prohibited. in any support and by any technical means, without the authorization of the artist María Teresa Mira Ibáñez.
The User undertakes to respect the intellectual and industrial property rights of María Teresa Mira Ibáñez. You can view the elements of the Website or even print, copy and store them on your computer's hard drive or on any other physical medium, provided it is exclusively for your personal use. The User, however, may not delete, alter, or manipulate any protection device or security system that was installed on the Website.
In the event that the User or third party considers that any of the Contents of the Website constitutes a violation of the rights of protection of intellectual property, they must immediately notify María Teresa Mira Ibáñez through the contact information info@mayesamira.com .
Legal actions, applicable law and jurisdiction
María Teresa Mira Ibáñez reserves the right to present civil or criminal actions that it deems necessary for the improper use of the Website and Contents, or for breach of these Conditions.
The relationship between the User and María Teresa Mira Ibáñez will be governed by current regulations and applicable in Spanish territory. Should any controversy arise in relation to the interpretation and/or application of these Conditions, the parties will submit their conflicts to the ordinary jurisdiction, submitting to the corresponding judges and courts according to law.
Terms of sale:
General conditions of sale
General information
The ownership of this website https://www.mayesamira.com , (hereinafter Website) is held by: Maria Teresa Mira Ibáñez, with NIF: 22698414J, and whose contact information is:
Address: Torre Arias 4, 28022, Madrid, Spain.
Contact telephone: +34 624425969
Contact email info@mayesamira.com
This document (as well as other documents mentioned here) regulates the conditions governing the use of this Website ( https://www.mayesamira.com ) and the purchase or acquisition of products and/or services on the itself (hereinafter, Conditions).
For the purposes of these Conditions, it is understood that the activity that María Teresa Mira Ibáñez develops through the Website includes: Exhibitions and sale of paintings and original works by the author.
In addition to reading these Conditions, before accessing, browsing and/or using this web page, the User must have read the Legal Notice and the General Conditions of Use, including the cookie policy, and the privacy and data protection of María Teresa Mira Ibáñez. By using this Website or by making and/or requesting the purchase of a product and/or service through it, the User agrees to be bound by these Conditions and by all of the above, so if you do not agree with all you should not use this Website.
Likewise, it is reported that these Conditions could be modified. The User is responsible for consulting them each time they access, browse and/or use the Website, since those in force at the time the purchase of products and/or services are requested will be applicable.
For all questions that the User may have in relation to the Conditions, they can contact the owner using the contact information provided above or, where appropriate, using the contact form.
The user
The access, navigation and use of the Website, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), for which reason, from the moment the navigation on the Website begins, all the Conditions established here, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be.
The User assumes his responsibility for the correct use of the Website. This responsibility will extend to:
Make use of this Website only to make legally valid inquiries and purchases or acquisitions.
Do not make any false or fraudulent purchase. If a purchase of this nature could reasonably be considered to have been made, it could be annulled and the relevant authorities reported.
Provide truthful and lawful contact information, for example, email address, postal address and/or other information (see Legal Notice and General Conditions of Use).
The User declares to be over 18 years of age and have the legal capacity to enter into contracts through this Website.
The User may formalize, at his choice, with María Teresa Mira Ibáñez the contract of sale of the desired products and/or services in any of the languages in which these Conditions are available on this Website.
Purchase or acquisition process
Duly registered Users can buy on the Website by the established means and forms. They must follow the online purchase and/or acquisition procedure of https://www.mayesamira.com , during which several products and/or services can be selected and added to the cart, basket or final purchase space and, finally, make click on: "Send order".
Likewise, the User must fill in and/or verify the information that is requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.
Next, the User will receive an email confirming that María Teresa Mira Ibáñez has received their order or request to purchase and/or provide the service, that is, the order confirmation. And, where appropriate, you will also be informed by email when your purchase is being shipped. Where appropriate, this information could also be made available to the User through their personal connection space to the Website.
Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice that will be sent to the User via email and, where appropriate, through their personal connection space to the Website. Likewise, the User can, if he wishes, obtain a copy of his invoice on paper, by requesting it from María Teresa Mira Ibáñez using the contact spaces on the Website or through the contact information provided above.
The User acknowledges that he is aware, at the time of purchase, of certain particular conditions of sale that concern the product and/or service in question and that are shown next to the presentation or, where appropriate, its image on its page. of the Website, indicating, by way of example, but not exhaustive, and attending to each case: name, price, components, weight, quantity, color, details of the products, or characteristics, way in which they will be carried out and/or o cost of services; and acknowledges that the completion of the purchase or acquisition order materializes the full and complete acceptance of the particular conditions of sale applicable to each case.
The communications, purchase orders and payments that intervene during the transactions carried out on the Website could be filed and kept in the computerized records of María Teresa Mira Ibáñez in order to constitute a means of proof of the transactions, in any case, respecting the reasonable security conditions and the laws and regulations in force that are applicable in this regard, and particularly in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, and the rights that assist Users in accordance with the privacy policy of this Website.
Availability
All purchase orders received by María Teresa Mira Ibáñez through the Website are subject to the availability of the products and/or to the fact that no circumstance or cause of force majeure (clause nine of these Conditions) affects their supply and/ or to the provision of services. If there are difficulties regarding the supply of products or there are no products left in stock, María Teresa Mira Ibáñez undertakes to contact the User and refund any amount that may have been paid as an amount. This will be equally applicable in cases in which the provision of a service becomes unrealizable.
Prices and payment
The prices displayed on the Website are the final ones, in Euros (€) and include taxes, unless by legal requirement, especially in relation to VAT, a different matter is indicated and applied.
Shipping costs are included in the final prices of the products as shown on the Website, always from orders over €100. Thus, María Teresa Mira Ibáñez performs delivery and/or shipping services through courier companies such as: Correos, SEUR, Mondial Relay...
In no case will the Website add additional costs to the price of a product or a service automatically, but only those that the User has voluntarily and freely selected and chosen.
Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.
The accepted means of payment will be those that appear on the payment platform
Daniel Formigo Art Gallery uses all means to guarantee the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).
In any case, by clicking on "Send order" the User confirms that the payment method used is his.
Delivery
In the cases in which it is appropriate to make the physical delivery of the contracted good, the deliveries will be made in the following territory: Everyone. Except for those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, derived from the personalization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of order confirmation.
If for any reason, attributable to her, María Teresa Mira Ibáñez could not meet the delivery date, she will contact the User to inform them of this circumstance and they may choose to go ahead with the purchase by establishing a new delivery date or canceling the order with a full refund of the price paid. In any case, home deliveries are made on working days.
If it is impossible to deliver the order due to the User's absence, the order may be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to get it delivered again.
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 in which the User or a third party indicated by the User acquires material possession of the products, which will be accredited by the signature of the receipt of the order at the agreed delivery address.
The risks that may arise from the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when María Teresa Mira Ibáñez receives full payment of all amounts owed in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery.
In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or provision will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at all times depending on the specific item in question.
Technical means to correct errors
The User is informed that in the event that he detects that an error has occurred when entering the necessary data to process his purchase request on the Website, he may modify them by contacting María Teresa Mira Ibáñez through the spaces contact numbers enabled on the Website, and, where appropriate, through those authorized to contact customer service, and/or using the contact details provided in the first clause (General Information). Likewise, this information could also be corrected by the User through his personal connection space to the Website.
In any case, the User, before clicking on "Send order", has access to the space, cart, or basket where their purchase requests are recorded and can make changes.
Similarly, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to obtain more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD) and in Organic Law 3/2018, of December 5, Protection of Personal Data and guarantee of digital rights.
Returns
In the cases in which the User acquires products through the owner's Website: www.mayesamira.com , they are assisted by a series of rights, as listed and described below:
Right of Withdrawal
The User, as a consumer and user, makes a purchase on the Website and, therefore, has the right to withdraw from said purchase within a period of 14 calendar days without the need for justification.
This withdrawal period will expire 14 calendar days from the day that the User or a third party authorized by the User, other than the carrier, acquired material possession of the goods purchased on the María Teresa Mira Ibáñez Website or in the event that the goods that that make up your order are delivered separately, within 14 calendar days of the day that the User or a third party authorized by him, other than the carrier, acquired material possession of the last of those goods that made up the same purchase order, or in the case in the case of a service contract, 14 calendar days from the day the contract was entered into.
To exercise this right of withdrawal, the User must notify his decision to María Teresa Mira Ibáñez. You can do so, where appropriate, through the contact spaces enabled on the Website.
The User, regardless of the means he chooses to communicate his decision, must express clearly and unequivocally that it is his intention to withdraw from the purchase contract.
To comply with the withdrawal period, it is enough that the communication that unequivocally expresses the decision to withdraw is sent before the corresponding period expires.
In the event of withdrawal, María Teresa Mira Ibáñez will reimburse the User for all payments received, except shipping costs, without undue delay and, in any case, no later than 14 calendar days from the date on which María Teresa Mira Ibáñez is informed of the decision to withdraw by the User.
María Teresa Mira Ibáñez will reimburse the User using the same payment method that the User used to carry out the initial purchase transaction. This refund will not generate any additional cost to the User. However, María Teresa Mira Ibáñez could withhold said refund until the products or items of the purchase have been received, or until the User presents proof of their return, depending on which condition is met first.
The User can return or send the products to María Teresa Mira Ibáñez at: Torre Arias 4, 28022 Madrid, Spain.
And you must do so without undue delay and, in any case, no later than 14 calendar days from the date on which María Teresa Mira Ibáñez was informed of the withdrawal decision.
The User acknowledges knowing that he must assume the direct cost of return (transportation, delivery) of the goods, if any were incurred. In addition, it will be responsible for the decrease in value of the products resulting from handling other than that necessary to establish the nature, characteristics and operation of the goods.
The User acknowledges knowing that there are exceptions to the right of withdrawal, as stated in article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalized products; products that can deteriorate or expire quickly; Music or video CDs/DVDs without their packaging, as sealed at the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.
In this same sense, the provision of a service that the User could contract on this Website is governed, since this same Law establishes that the Right of withdrawal will not apply to Users when the provision of the service has been fully executed, or when it has begun. , with the express consent of the consumer and user and with the recognition on their part that they are aware that, once the contract has been fully executed by María Teresa Mira Ibáñez, they will have lost their right of withdrawal.
In any case, no refund will be made if the product has been used beyond its mere opening, of products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.
Likewise, the products must be returned using or including all their original packaging, the instructions and other documents that accompany them, in addition to a copy of the purchase invoice.
Return of defective products or shipping error
These are all those cases in which the User considers that, at the time of delivery, the product does not comply with the provisions of the contract or purchase order, and that, therefore, they should contact María Teresa Mira Ibáñez immediately and let him know of the existing disagreement (defect/error) by the same means or using the contact information provided in the previous section.
The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period, if the refund or, where appropriate, the replacement of the same is appropriate. .
The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming that the refund or replacement of the nonconforming item is appropriate.
The amount paid for those products that are returned due to a defect, when it really exists, will be fully refunded, including delivery costs and the costs that the User could have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.
In any case, the rights recognized in the legislation in force at all times for the User, as a consumer and user, will always apply.
Guarantee
The User, as a consumer and user, enjoys guarantees on the products that they can acquire through this Website, in the legally established terms for each type of product, with María Teresa Mira Ibáñez responding, therefore, for the lack of conformity of the same that is manifested within a period of two years from the delivery of the product.
In this sense, it is understood that the products are in accordance with the contract provided that: they conform to the description made by María Teresa Mira Ibáñez and possess the qualities presented therein; are suitable for the uses to which products of the same type are ordinarily used; and present the usual quality and benefits of a product of the same type and that are fundamentally expected of it. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the Return of defective products or shipping error section. However, some of the products that are marketed on the Website could present non-homogeneous characteristics as long as they derive from the type of material with which they have been manufactured, and therefore will form part of the individual appearance of the product, and they will not be a defect.
Disclaimer
Unless otherwise provided by law, María Teresa Mira Ibáñez will not accept any responsibility for the following losses, regardless of their origin:
Any losses that were not attributable to any breach on your part;
business losses (including lost profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products between both parties was formalized.
Likewise, María Teresa Mira Ibáñez also limits her responsibility in terms of the following cases:
María Teresa Mira Ibáñez applies all the measures related to providing a faithful visualization of the product on the Website, however, it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or browser problems that may occur. use or others of this nature.
María Teresa Mira Ibáñez will act with the utmost diligence in order to make available to the company in charge of transporting the product that is the object of the purchase order. However, it is not responsible for damages arising from a malfunction of the transport, especially due to causes such as strikes, highway retentions, and in general any other typical of the sector, which derive in delays, losses or theft of the product.
Technical failures that, due to fortuitous or other causes, prevent the normal operation of the service through the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents the availability of the service. María Teresa Mira Ibáñez puts all the means at her disposal in order to carry out the process of purchase, payment and shipment/delivery of the products, however she exempts herself from responsibility for causes that are not attributable to her, acts of God or force majeure .
María Teresa Mira Ibáñez will not be responsible for the misuse and/or wear of the products that have been used by the User. At the same time, María Teresa Mira Ibáñez will not be responsible for an erroneous return made by the User. It is the User's responsibility to return the correct product.
In general, María Teresa Mira Ibáñez will not be responsible for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond its reasonable control, that is, that are due to force major, and this may include, by way of example but not exhaustive:
Strikes, lockouts or other industrial action.
Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not), or threat or preparations for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.
Inability to use public or private telecommunication systems.
Acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and María Teresa Mira Ibáñez will have an extension in the term to fulfill them for a period of time equal to the duration of the cause of force majeure. María Teresa Mira Ibáñez will use all reasonable means to find a solution that allows her to comply with her obligations despite the force majeure event.
Written Communications and Notices
By using this Website, the User accepts that most of the communications with María Teresa Mira Ibáñez are electronic (email or notices published on the Website).
For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that María Teresa Mira Ibáñez sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.
Nullity
If any of these Conditions were declared null and void by a firm resolution issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.
Data Protection
The information or data of a personal nature that the User provides to María Teresa Mira Ibáñez in the course of a transaction on the Website, will be treated in accordance with the provisions of the Privacy Policy or data protection (contained, where appropriate). , in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of said information and data and declares that all the information or data provided is true.
Applicable law and jurisdiction
The access, navigation and/or use of this Website and the contracts for the purchase of products through it will be governed by Spanish legislation.
Any controversy, problem or disagreement that arises or is related to the access, navigation and/or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between María Teresa Mira Ibáñez and the User, will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.
Complaints and claims
The User can send María Teresa Mira Ibáñez their complaints, claims or any other comment they wish to make through the contact information provided at the beginning of these Conditions (General Information).
Likewise, if a dispute arises from the conclusion of this purchase contract between María Teresa Mira Ibáñez and the User, the User as a consumer may request an out-of-court dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council, of May 21, 2013, on the resolution of online disputes in consumer matters and by which Regulation (EC) 2006/2004 and Directive 2009/22/EC are modified. You can access this method through the following website: http://ec.europa.eu/consumers/odr/ .