GENERAL CONDITIONS AND TERMS OF USE OF THE WEBSITE

 

I. PURPOSE AND SCOPE

The present regulations governing the procurement of products and services offered and advertising to your Customers by Mestre-Ubach SL, trading company that operates through the Internet from their Website (http://www.francescmestreart.com ) offering its clients the acquisition of works of all kinds of artwork as illustrations, prints, paintings, lithographs, sculptures, etc. .. The present General Conditions and Terms of Use of the Website also govern the rights and obligations of the parties arising from sales transactions concluded between them.

The use of the Website http://www.francescmestreart.comby the users entails the acceptance of all the conditions contained in this General Conditions and Terms of Use of the Website. For the purposes only of the present General Conditions and Terms of Use of the Website, the term "User" includes any Internet user who accesses the Website http://www.francescmestreart.com, either directly, either from any other website.

The services offered by Mestre-Ubach S. L. on this website shall be governed by the General Conditions and Terms of Use of the Website contained in this contract. S. L. Mestre-Ubach reserves the right to change, wholly or partially, these general conditions continue to apply the new agreed upon from the moment of its publication in the Webpage. Access to and/or use of such services and contents entails the full and unconditional acceptance of the General Conditions and Terms of Use of the Website in the version published by Mestre-Ubach S.L. at the time such access and/or use takes place. Therefore, Users shall read this General Conditions and Terms of Use governing the use of the Website carefully each time they intend to use the same since it could undergo changes without prior warning.  In any case, these changes have no retroactive effect on the works or previously contracted services and Users.

These General Conditions and Terms of Use of the Website are binding on both parties and are integral and inseparable part of the sales contract which effectively operates at the time of signing the order at the request of the client, through contracting mechanisms will be specified later, all in accordance with the provisions of art. 1255 of the Civil Code which enshrines the principle of autonomy and agreements between the contracting parties.

To ensure in full the rights of consumers and Users of Mestre-Ubach SL, the General Conditions and Terms of Use of the Website are established in accordance with the provisions of Spanish law, in particular the Law 7/98 of 13 April General Conditions of Contract, Law 7/96 of 15 January the Retail Trade, Civil Code, Directive 2000/31 EC of the European Parliament and of the Council of June 8, Act 34/2002 of July 11, services of the company Information and Electronic Commerce, Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other applicable laws and regulations.

 

II.-ID and name of the bidding company

Mestre-Ubach SL, established in Barcelona Enric Granados, 28, 08008 Barcelona city, registered in the Commercial Register of Barcelona, Volume 24510 companies section, Folio 190, Page B 75110, entry 9 provided CIF No. B-B08967788, serves electronic sales online at their Website http://www.francescmestreart.com
His contact address is the e-mail: info@mestreart.com
Your telephone number is 34 +934510466
The address for claims indicated as correspond to the registered office of the company.

 

III.-Conditions of service provision and accountability.

Clarity and transparency of information:


Mestre-Ubach pursuant SLEN in art. 10 of Law 34/2002 of July 11, through its Website and these General Conditionsand Terms of Use of the Website, enables access by electronic means of a permanent, easy, direct access to comprehensive information on its name (data tax, registration, address and communications), as well as customer data, exclusive access to it, held by the company.

Also, according to the above-named Royal Legislative Decree 1/2007, offers customers both pre-contractual information (see General Conditions and Terms of Use of the Website as well as additional information on the various sections of the website) as confirmation of the information required by law.

 

IV.-Terms of access the user / client

The user of the Website www.francescmestreart.com entitled to free access to public information contained in it.
The public information contained in the Mestre-Ubach SL’s. Website regarding both Mestre-UbachS. L..and works of artists are protected by intellectual property law, so it is not granted to copy, transfer, assignment, sale or use by the customer / users for advertising purposes outside the virtual publication that do not have the express consent of Mestre-Ubach SL, in the terms provided in section XI Rights Intellectual Property.

Users undertake to use the contents and services in a diligent, legal, correct and lawful manner and, without limitation, shall refrain from: (a) using the contents and services in a manner that produces or may produce effects contrary to law, morality and generally accepted good practices or public order; (b) transferring or disclosing information, data, contents, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any material that is obscene, offensive, vulgar or which encourages conduct that is criminal, slanderous, defamatory, libellous, violent and, in general, contrary to law, morality and generally accepted good practices or public order; (c) reproducing, copying or distributing the contents and permitting the public to access the same through any means of communication to the public or transform or modify such contents, unless authorisation has been obtained from the owner of the relevant rights or such action is legally permitted; (d) breaching intellectual or industrial property rights held by Mestre-Ubach S.L. or third parties; (e) using the services and contents in a way that might entail damage or overload for the operating of the Website, (f) carrying out fraudulent transactions or actions which might facilitate any kind of illicitor fraudulent conduct and (g) using the contents and services and, in particular, any kind of information obtained through the Website for any type of advertising purposes, especially sending publicity, communications for the purpose of direct sale or any other kind of commercial purpose, unsolicited messages individualized or addressed to more than one person and selling or in any way disclosing such information without the recipient’s and Mestre-Ubach S.L.’s authorisation.

Users shall be liable for all types of damage that Mestre-Ubach S.L. might suffer, directly or indirectly, as a result of non-compliance with any of the obligations under this General Conditions and Terms of Use of the Website or the law in relation to the use of the Website.

 

User registration:

Services are found in certain areas of the Website which ask the User to identify himself. This permits the User to access certain parts of the Website which would otherwise be restricted owing to privacy and security reasons.

Users shall only be able to access the contents through the means or procedures made available to this effect in the Website or which are habitually used on the Internet for such purpose, provided this does not entail the breach of intellectual or industrial property rights or entail damage of any kind for the Website and/or the information or services offered.

Therefore, theUser prior to the execution of the purchase of any of the works offered by Mestre-Ubach SL. must register his details and circumstances necessary to formalize the contract of sale (name or company name, DNI / NIF, address, email address, phone / fax), and a password, which will permit the personal identification of the User,will be provided by Mestre-Ubach S.L.

Be aware that any personal data provided by the Users when using the Website shall be treated in accordance with our Privacy Policy, as contained in the relevant section of the Website.

Users shall be required to read and accept the terms of such Privacy Policy before providing their personal data to Mestre-Ubach S.L.

The passwords assigned will be personal and non-transferable. The assignment to third parties even on a temporary basis is not permitted. In this respect, the Users undertake to make diligent use of the password assigned to access the Website and/or the Services available through the same and keep it secret. In the event that the Users become aware of or suspect the loss, theft or use of their password by third parties, they shall inform Mestre-Ubach S.L. of this circumstance as quickly as possible.

Each User shall be liable for the expenses and damages caused as a result of the use of the services by any third party that uses his password to this effect as a result of non-diligent use or loss of the same by the User.

 

 

V.-Disclaimer of warranties and liability

Mestre-Ubach S.L. reserves the right to interrupt the access to the Website and the supply of any or all of the contents available through the same at any time and without prior notice, due to technical, security or maintenance reasons, power cuts or any other justified cause.

 

As a result, Mestre-Ubach S.L. does not guarantee the reliability, availability or continuity of the Website or the contents and, therefore, the use of the same by the Users shall be at their own risk. At no time shall the User hold Mestre-Ubach S.L. responsible for interruptions to or non-availability of the services.

 

Mestre-Ubach S.L. shall not be liable for any interruption, delay, error, malfunction of the service or, in general, any other inconvenience owing to reasons beyond the control of Mestre-Ubach S.L., and/or due to the Users acting negligently or fraudulently and/or due to Force Majeure. For the purpose of these general terms and conditions, Force Majeure shall be deemed to include all those events beyond the control of Mestre-Ubach S.L., such as: error on the part of third parties, operators or service companies, Government acts, non-access to third party networks, acts or omissions by public authorities, events resulting from natural disasters, power cuts, etc. and attacks by hackers, crackers and other third parties to the security or integrity of the IT system. In any event, irrespective of the cause, Mestre-Ubach S.L. shall accept no liability for any direct or indirect damages, consequential damages and/or loss of profits.

 

Mestre-Ubach S.L. disclaims its liability for any kind of damage that might result from the lack of veracity, accuracy, exhaustive nature and/or updating of the contents transferred, diffused, make available or received, obtained or which have been access through the Website, or the contents loaned or offered by third parties or entities.

 

Mestre-Ubach S.L., insofar as this is possible, shall try to update and rectify the information hosted in the Website that does not comply with the minimum guarantee of veracity. However, it shall be held harmless from such information not being updated or rectified and from the contents and information dumped in the same.

 

Mestre-Ubach S.L. shall not be held responsible for the content of the information collected on the Website or the opinions, comments, remarks or any other statement contained in the same which are not issued directly by Mestre-Ubach S.L.

 

Mestre-Ubach S.L. disclaims liability for any kind of damage that might result from the presence of viruses or other harmful elements in the IT systems or the documents and systems stored on the same.

 

Mestre-Ubach S.L. shall not be held responsible for the contents, whatever they may be, that the Users submit to Mestre-Ubach S.L. through the Website, the electronic mail service or any other means.

 

As a result, any liability arising from the contents submitted by the Users shall be attributed to the same.

Mestre-Ubach S.L. shall not be held responsible for the use made by the Users of the contents and any other material contained in the Website, which might entail a breach of any type of rule, national or international, intellectual or industrial property rights or any other third party right. Likewise, Mestre-Ubach S.L. shall not be held responsible for any possible security errors that might be produced as a result of using browsers that have not been updated, or the consequences that might derive from the malfunctioning of the browser, whether due to incorrect configuration, the presence of a computer virus or any other cause not attributable to Mestre-Ubach S.L.

 

VI.-Links to third parties (outbound links)

The Website access service might include technical linking mechanisms, directories and even search tools which permit the Users to access other Internet websites (hereinafter, "Linked Sites"). In such cases, Mestre-Ubach S.L. acts as service supplier and shall only be liable for the contents and services supplied on the Linked Sites insofar as it is effectively aware of the illicitness or that third party goods and rights might be harmed and has not disabled the link with due diligence.

In the event that the Users consider that there is a Linked Site with illicit or inappropriate contents, they may report this to Mestre-Ubach S.L. by writing to the contact address indicated in section one of this Legal Notice indicating: (a) the name of the reporting party, address, telephone number and e-mail address; (b) description of the events that reveal the illicit or inappropriate nature of the Linked Site; and (c) an express statement that the information contained in the communication is accurate. In no event shall this notification entail the obligation to remove the relevant link, or entail actual knowledge of the activities and/or contents indicated by the notifying party.

In no event shall the existence of Linked Sites entail the presumption of agreements with the persons responsible for the same or owners of the same, or the recommendation, promotion or identification of Mestre-Ubach S.L. with the statements, contents or services provided.

Mestre-Ubach S.L. shall not be held responsible for damages caused by the illicitness, quality, out datedness, unavailability, error and uselessness of the contents and /or services of the Linked Sites or any other damage that is not directly attributable to Mestre-Ubach S.L., with the exception of the terms of the present General Conditions and Terms of Use of the Website. If the Users decide to visit and/or use any of the Linked Sites, they shall do so at their own risk and shall take the relevant protection measures against viruses or other harmful elements.

 

VII.- Links to the Website (inbound links)

Third parties are not authorised to introduce links from their own websites to the Website without the express consent of Mestre-Ubach S.L.

In the event that a third party is authorised to use the link www.francescmestreart.com, such use shall be made in compliance with the limits and for purposes contained in the relevant authorisation. In such case, Mestre-Ubach S.L. shall be able to request, at any time and without having to give reasons for the request, that any link to the Website is removed, after which the person responsible for the website offering the link shall remove the link immediately.

 

VIII.-Intellectual and Industrial Property Rights

The entire contents of the Website, which shall be deemed to include, without limitation, texts, photographs, graphics, images, icons, technology, software, links, domain names, brands and other audio visual or sound contents, as well as their graphic design and source codes (the “Contents”), shall belong exclusively to Mestre-Ubach S.L. or third parties, whose rights, where appropriate, are recognised by Mestre-Ubach S.L., and shall be protected by intellectual and industrial property rights under national and international legislation.

Mestre-Ubach S.L. does not grant any license or authorization of use of any kind on its industrial and/or intellectual property or on any other property or right related to the Website, the services or the content.

The use of any types of element protected by industrial and intellectual property rights for any purpose, especially commercial purposes, and the distribution, communication, modification, alteration, transformation or decompilation thereof shall be strictly prohibited without the express written authorisation of the owner of the element protected.

Breach of any of the above rights may constitute a breach of these provisions and an offence typified in the Spanish Criminal Code.

 

IX.-  Personal Data Protectionand Privacy Policy

Any personal data provided by the Users when using the Website shall be treated in accordance with our Privacy Policy, as contained in the relevant section of the Website.

Users shall be required to read and accept the terms of such Privacy Policy before providing their personal data to Mestre-Ubach S.L.

 

X.-Miscellaneous

Any clause or provision of the present General Conditions and Terms of Use of the Website that is found to be illegal, invalid or unenforceable shall be excluded from the same and shall be considered inapplicable to the extent of such illegality, invalidity or unenforceability and replaced with a clause or provision as similar as possible to such illegal or invalid clause. The remaining provisions shall not be affected and notwithstanding such illegal, invalid or unenforceable clause or provision, shall remain fully valid and in force.

Mestre-Ubach S.L. disclaims any warranty of any kind and therefore shall be held harmless from all liability derived from the above points, and other issues that might not be envisaged in this document.

 

XI.-Governing law and Jurisdiction

The relationship between Mestre-Ubach S.L. and the User shall be governed by current Spanish legislation and any dispute shall be submitted to the Courts and Tribunals of Barcelona (Spain).

 

GENERAL CONDITIONS OF PURCHASE AND SALE OF WORKS

 

Pricing Policy:

S. L. Mestre-Ubach. reserves at all times and unilaterally the right to modify the price of the works and services offered through its Website. To ensure the customer the certainty and security of the price of their products, it will be in effect at the time of the order.
In the e-procurement process will follow the following steps according to the options menu recorded on Mestre-Ubach SL’sWebsite.


Information on the work / s offered to the client:
Includes author, description and dimensions, photography,

 

Information on the price of the product:

Information final price or retail price of the work to acquire, containing in the same order the final cost to the customer and including tax, shipping and handling cargo insurance and transport derived. The final cost therefore will be reported to the customer in the e-procurement process before it formalized its acceptance by choosing "order acceptance" from the options menu.

 

Order Acceptance:

Once the order has been placed, and once the menu acceptance option has been used, it shall beunderstoodthat the clienthas given consent to the validity and effectiveness of the sales contract that binds the parties Mestre-Ubach SL electronically stored order, except reasonable typo, in which case the order will not be processed.
Mestre-Ubach SL, after acceptance of the order shall inform the customer of the same by sending order confirmation and also sending current general conditions of Mestre-Ubach SL. the email indicated by the customer.

 

Payment by the customer:

It sets out the following payment systems:

 

1 st.-Prepaid

By cash payment or bank transfer full amount for the bank account owned by Mestre-Ubach SL, in both forms of prepaid expressly stating the order number to which the payment relates. Orders with payment method "prepaid" unless they are paid into the account of Mestre-Ubach SL. 7 days after the order confirmation will be automatically canceled after this deadline pass. The limit set value is 3,000 EUR per order. In case of exceeding this amount the customer must communicate via e-mailwith Mestre-Ubach S. L. as specified in section II of the General Conditions and Terms of Use of the Website. It is important to remember that some banks may take 1-2 business days to give effect to the transfer, and income into account can take at least 24 hours to be reflected in our system.

 

2nd., Credit card

The credit card payment is made through the payment gateway of Banco de Sabadell, without it having any significance for the customer. (Mestre-Ubach SL will not store any of the customer's bank details).

 

3 °. Orders-Financing

For this method of payment and its features, please contact us via email info@mestreart.com or contact us via phone 34 +934510466

 

4th. Invoice:

S. L. Mestre-Ubach. physical invoice shall issue and deliver with the order at the customer designated.
S. L. Mestre-Ubach. warns that you can not change subsequent to the billing sales invoices in compliance with current regulations. (Royal Decree 1496/2003 on standards Billing, amended by Royal Decree 87/2005). The invoice will be issued in the name of the person or company doing the request so that the customer must ensure ordering the correct name. No further changes are possible.
S. L. Mestre-Ubach. warns, that for reasons of protection of personal data, only issue duplicate invoice to the person holding the contract. Duplicates will not be issued to third parties. S. L. Mestre-Ubach not duplicate bills sent by fax or email but only to the address designated by the contract holder.

 

5th. Lead the acquired:

A period of approximately 10 days for actual delivery of the work from the time in which he had set the date of delivery thereof to formalize the request within 10 days shall be counted from that Mestre-Ubach SL aware of conducting the payment for the purchased work.
The delivery of the work will depend on the city and country as well as the shipping method chosen by the customer.
The customer shall be entitled to cancel the agreement for a period of 14 calendar days without giving any reason and without incurring any costs other than those provided for in articles 107.2 and 108 of the Royal Decree 1/2007. In any case, the customer must exercise his right of withdrawal through the appropriate written notice (by letter, fax or email) to Mestre-Ubach SL If exercised the withdrawal right, the parties will proceed to return both  purchased work and price paid.

 

6th. Location and method of delivery:

The order will be delivered to the address designated in the time of recruitment by the customer. The subsequent changes in the place of delivery requested by the client will only be possible before the order leaves our gallery and generate additional costs on the sale price will be at buyer's expense. The modification of the delivery address once the carrier delivered the order will not be possible unless the customer bear the cost and thus expressly agreed between the parties. The work will be delivered to the customer by a carrier, together with the delivery note which shall include the information identifying the customer, order, and number of packages in the shipment.


The work is at all times covered by transport insurance against risk, loss during shipping and handling.

Important: The customer must make sure that the package is received in good condition externally. Otherwise, note this fact on the delivery note, reject the shipment and report it in writing to Mestre-Ubach SLEN the next 24 hours. In case of deterioration of the work or lack of compliance for reasons attributableto transportation (which are not apparent at the time of delivery or not visible externally), you must notify Mestre-Ubach SL during the seven calendar days after receipt by e-mail.

 

7th. Warranties:

For sales of original works, Mestre-Ubach SL, acts as an intermediary between the authors of the works and the customersthat purchase, and in this regard informs customers that the Authors' works will ensure the following:
- Authenticity.
- Originality.
- No infringement of third party rights.
- Do not be the country's historical heritage work.
- Do not be an asset inexportable Work or cultural interest.


For sales of reproductions, Mestre.Ubach responsibility as a seller of such works and reports that owns the reproduction rights granted by the authors, heirs or legal representatives, and, in case there copyright on the photographs of paintings by the great masters of art, has the assignment of such rights by the companies that own those rights.


The computation of the warranty shall begin on the day of delivery, under Article 114 of the Royal Decree 1/2007.
Mestre-Ubach. S. L. is not responsible for third-party meet requirements not acquired directly or through Mestre-Ubach SL. and / or that do not appear on the sales invoice.

 

8th. Customer’sRights.

Know at any time the status of processing the orders placed.
Respect the purchase agreement once accepted the order, with the timely payment of the agreed price and refrain from abusive conduct in hiring and anti-juridical
Use the information published by Mestre-Ubach SL . exclusivelystrictly within personal business relationship sought.
Not to reproduce, sell or dispose of the information published by Mestre-Ubach, SL .in all of its contents without the express permission of Francesc Mestre own gallery.

 

9th. . Mestre-Rights-Ubach S. L.


Modify the price of the works.
Reject requests for customer default.
Receive the amount of customer purchases accepted the transaction.
Reserve the domain and retain full ownership of the work until full payment by the customer.
Reserve the right to make drawings of works or services on their Website.
Use the information published by the client, exclusively strictly within personal business relationship sought.