Purchasing conditions

1. INTRODUCTION

This document (together with any other documents herein mentioned) establishes the conditions whereby the use of the website www. Cidadedacultura.org is governed pursuant to the purchase of products herein offered.

Please read these Conditions carefully before using the website. When you place an order through our website, you consent to be bound by these Conditions; therefore, if you do not agree to all the Conditions, you must not use this website. These Conditions may be modified, therefore, it is your responsibility to read them periodically, as the Conditions that are in force at the time the website is being used or at the time the Contract is entered shall be the applicable ones.

2. OUR DATA

This website is operate by the Fundación “Cidade da Cultura de Galicia” with registered address at: Edificio Administrativo de C.I.N.C. planta 3ª, Monte Gaiás s/n, 15706 Santiago de Compostela (A Coruña - Spain). CIF G-15721640.

3. YOUR PERSONAL DATA

Any information and/or personal data provided to us by you shall be treated in accordance with the provisions under the Privacy Policy. Whenever you make use of this website you are not only consenting to the treatment of the aforesaid information and data, but you are declaring that all the information and/or data that you have provided us with are truthful and correspond to reality.

4. USE OF OUR WEBSITE

Whenever you make use of our website and/or place an order through the same you undertake to:

  • Use it solely in for the purpose of performing queries or legally valid orders and therefore not to place any false or fraudulent order. In case it it considered that such a false or fraudulent order has been placed we shall be authorized to cancel it and report the case to the relevant authority.
  • Provide us with your e-mail address, postal address and/or any other contact data in an exact and truthful manner. Likewise, you consent that we may use such information to contact you if necessary. If you do not provide us with all the information we need, we may not be able to process your order and its delivery.
  • Whenever placing an order through this website, you are declaring to be 18 years of age or older and to possess legal capacity to enter into a contract.

 

5. SERVICE AVAILABILITY

The articles offered through this website are available to be delivered to any destination inside Spain or abroad.

6. PROCEDURE FOR CONTRACT

The information contained in these Conditions, as well as the details contained in this website, do not constitute a sales offer but an invitation to enter into a contract. Up until the moment your order has been expressly accepted by us, there will be no contract between you and us regarding any product. If your offer is not accepted and any charges have been previously made to an account of yours, the amount thereof shall be fully refunded to you.

In order to place an order, you must follow the online purchasing procedure and click on "Authorize payment". Upon payment, you will receive an e-mail with the receipt or “Confirmation of Order". This does not mean that your order has been accepted, as it constitutes an offer made by you to us in order to purchase one or more products. Every order is subject to our acceptance, of which you will be notified by the “Confirmation of Delivery” through an e-mail in which we will inform you that your product is being delivered. The contract between you and us for the purchase of a product shall therefore become formalized only when we send you the aforesaid Confirmation of Delivery. Only such products as specified under the Confirmation of Delivery shall be the object of the Contract. Therefore, we shall not be obliged to supply you any product that may have been the object of an order until we confirm its delivery by a Confirmation of Delivery.

7. PRODUCT AVAILABILITY

Any order for products shall be subject to the availability of such products. We reserve the right to provide you with information about any replacement products of an equal or greater quality and value that you may order in the event that we were to run out of stock or if any difficulty were to arise regarding the supply of the originally ordered product/s. If you do not wish to order any such replacement product/s, we shall reimburse you the amount/s that you may have paid.

8. ORDER DENIED

We reserve the right to withdraw any product from this website at any time and to remove or modify any material or content therein. Although reasonable efforts will be made at all times in order to process every order, there may be exceptional circumstances that may oblige us to reject processing an order after having sent the Confirmation of Order, whereby we reserve the right to do so at any time, at our sole discretion.

We have no liability towards you or any third party for the fact of removing any product from this website, regardless of whether such a product has been sold or not; for removing or modifying any material or content on the website, nor for refusing to process an order once we have sent you the Confirmation of Order.

9. DELIVERY

Without prejudice to what is provided for under Clause 7 above with respect to product availability and except whenever any extraordinary circumstances may occur, we shall endeavor to deliver the order consisting of the product/s specified in each Confirmation of Delivery on or before the delivery date stated in the relevant Confirmation of Delivery or else, if no delivery date were to be specified, within a time frame of 15 calendar days starting on the date of the Confirmation of Delivery. Notwithstanding the above, there may be delays caused by any one of the following reasons:

  • customized products.
  • specialized items.
  • unforeseen circumstances.
  • area of delivery.

If for any reason the commitment to deliver on a given date could not be met, we will notify you such circumstance, and give you the option either to go ahead with the purchase by setting a new delivery date or to cancel the order and be refunded the total amount paid. Please bear in mind that in any case no deliveries are made on Saturdays nor Sundays.

To the purposes of these Conditions, it shall be understood that the delivery has been effected or that the order has been delivered at the time when the Postal Service notifies its arrival by the relevant Notice deposited in the destination mailbox. It shall be your own responsibility to collect the order at the Post Office of Reference stated in the Notice. The Postal Service issues a second, reminder notice in case you have not wished or been able to collect the order.

You shall acquire the property of the products as soon as we receive full payment for any amount due relevant thereto, including shipping costs, and/or once having received the certification of collection, duly signed, from the Postal Service. Any liability for the product/s thereafter shall be entirely yours.

10. DELIVERY NOT POSSIBLE

The Postal Service will leave in your mailbox a notice of delivery of the shipment at your Post Office of Reference. The customer is responsible for collecting it. If the delivery is not collected, the Postal Service will issue a new, reminder notice. If you do not expect to be present at the stated delivery location on the date of delivery, please contact us in order to set another delivery date. In any case, in order to collect your delivery, you will have 15 calendar days starting from the date on which according to the procedure established in these Conditions you are informed that your delivery is available. Once such term has lapsed, if you have not collected your order, we will understand that you wish to withdraw from the Contract and we shall consider it to be terminated. As a consequence of terminating the Contract, we will refund you the price paid for the product, from which we will discount the delivery cost corresponding to its return, as soon as possible and in any case within a maximum time frame of 30 calendar days starting from the date on which in accordance with the provisions under this clause we consider the Contract to have been terminated.

11. PRICE AND PAYMENT TERMS

The price for each product shall be the one that is stipulated at each time on our website, except in the case of manifest error. If we were to discover any error in the price of a product that you have ordered, we will notify you as soon as possible and we will give you the option either to reconfirm your order at the correct price or to cancel it. If for any reason we are unable to contact you, the order shall be considered to be canceled and you will be refunded the full amount that you have paid.

We shall not be obliged to supply any product at a lower price that is not the correct one (even in the case we may have sent a Confirmation of Delivery) if the error in the price is obvious and unequivocal and could have been reasonably recognized by you as an incorrect price.

The prices stated on this website include VAT, but do not include shipment costs, such shipment costs will be added to the total amount due as explained in our Guide to Delivery Costs. Such costs may change at any time, though except for what is provided for above, any potential changes shall not affect orders for which we have sent a Confirmation of Delivery.

Once you have made your purchase, all the items that you wish to purchase shall be added to your shopping basket and the next step will be to process the order and effect payment. The steps are:

  • Click on "Shopping cart".
  • Click on "Process Order".
  • Fill in or check the contact information, the details of your order, the address you wish the order to be sent to and the address to which the invoice should be sent.
  • Insert the data of your card.
  • Click on "Authorize Payment"

You may pay using Visa, Mastercard, American Express, Affinity Card and PayPal. In order to minimize the risk of unauthorized access, the data from your card will be encoded. Once we receive your order, we shall apply a pre-authorization hold on your card to ensure that there are sufficient funds to complete the transaction. By clicking on "Authorize Payment” you are confirming that you are the owner of the payment card or the legitimate holder of the gift card or refund card, whichever the case. Credit cards shall be subject to verification and authorization by the issuing entity of the same; if the relevant entity were not to authorize payment, we shall not be liable for any delay or failure to deliver and we may not enter into a Contract with you.

12. VALUE ADDED TAX

In conformity to the provisions in article 68 of the Law 37/1992, of December 28th, on Value Added Tax, the delivery of items shall be understood to take place within the territory where Spanish VAT is applicable if the delivery address lies within Spain, with the exception of the Canary Islands, Ceuta and Melilla. The VAT rate shall be the one in force and applicable at each time according to the relevant specific item purchased.

Orders to be delivered to the Canary Islands, Ceuta and Melilla shall be VAT-exempt according to the provisions in article 21 of the Law 37/1992, without prejudice to the application of any taxes or tariffs that may correspond in conformity to the legislation in force applicable in each one of such territories.

13. POLICY FOR EXCHANGES AND RETURNS

There are several procedures in order to make exchanges or to return items, with the characteristics and conditions described as follows:

1. Exchange: an exchange is considered to be the replacement of an item for another.

2. Return: there are two types of returns:

  • Returns due to faults or defects in the item.
  • Returns due to a personal decision of the customer, that shall be designated as returns due to withdrawal.

For any procedure to request an exchange or return it is indispensable to be in possession of the document specified as follows:

1.- At the physical shop, the sales ticket must be presented.

2.- Through the online shop, the document attached to the delivery must be duly completed (document for return and withdrawal).

  • Returns at the physical shop. In this case, you must go to our shop at the Museo Centro Gaiás of the City of Culture and provide together with the item the sales ticket or the document for return and withdrawal duly completed.
  • Returns through the On-Line Shop. You must contact us through our website via e-mail in order to inform us of your decision and follow the instructions contained under the section “EXCHANGES AND RETURNS” at this website. You shall be liable for the cost of returning the item/s in any case with the exception of such cases mentioned in section 13.b of these Conditions. Please bear in mind that if you decide to return the item/s by COD (collect on delivery) we shall be authorized to charge you for any expenses that we may incur. Once we have examined the item/s we will notify you whether your are entitled or not to a refund for the amount paid. Refund shall be effected as soon as possible, and in any case, within a time frame of 30 calendar days from the date the order is received and always through the same means of payment that you have used when making your purchase. If you have any queries, you may contact us using our contact form.

a. LEGAL RIGHT TO WITHDRAW FROM PURCHASE

Under the applicable legislation, if you are entering a contract as a consumer, you may withdraw from the Contract (except when the object thereof is any one of the items for which the right to withdrawal is excluded as provided for under Clause 13.b hereunder) at any time within 7 working days from the date of delivery of your order. In such a case, you shall be refunded the price paid for the product/s but you shall be charged for the direct expenses involved in returning the same.

You may confirm your right to withdrawal in any manner accepted by the Law, and in any case such right to withdrawal shall be considered to have been fully exercised by having previously contacted us via e-mail notifying us your decision by sending the corresponding withdrawal document in order to start the procedure to return the product/s purchased.

In case of return, you shall be refunded the price paid for the returned product/s and you shall be liable for the direct cost of such return (except if the reason for return complies with the conditions provided for in Clause 13.c hereunder).

b. COMMON PROVISIONS

You shall not be entitled to withdraw from the Contract after having been supplied with any of the following products:

  • Personalized items.
  • Items without their original packaging.
  • Hair wear.

Your right to withdraw from the Contract shall be exclusively applicable to such products that are returned in the same conditions in which you received them. You must include the original packaging as well as all the instructions and other documents of the product/s. No refund shall be made if a product has been used beyond simply opening the package nor if it has suffered any damage, therefore, you must be extremely careful with any products while they are in your possession.

RETURN OF FAULTY PRODUCTS

In case you consider that any product does not upon delivery meet the provisions under the Contract, you must contact us immediately via our contact form stating the data for the product as well as a description of the fault, and we shall instruct you on how to proceed.

The product/s may be returned at our physical shop or via the Postal Service using the shipment parcels and models that enable to record and trace the contents and value thereof all the way to the destination. Once we are in possession of the returned product/s we shall proceed to examine it/them in detail and we shall notify you via e-mail within a reasonable time frame whether refund is acceptable or whether the product may be replaced by another, whichever the case. Refund or replacement shall be made as soon as possible, and in any case within 30 calendar days from the date on which we send you an e-mail to confirm that the refund or replacement of the faulty product/s is acceptable. Any amounts paid for such products returned due to any fault or defect, when such fault or defect really exists, shall be fully refunded including shipment expenses incurred to return us the item. Refund shall be made using the same means of payment used to make the purchase.

14. LIABILITY AND LIABILITY WAIVER

Except for what is expressly provided for in the contrary under these Conditions, our liability with regard to any product purchased through our website shall be strictly limited to the purchase price for such product/s. Notwithstanding the above, our liability shall not be excluded nor limited in the following cases:

  • In case of death or personal injury caused by our own negligence;
  • In case of fraud or fraudulent misrepresentation;
  • In any issue in which it were illegal or illicit for us to exclude, limit or for which we were to attempt to exclude or limit our liability.

Without prejudice to what is provided for under the paragraph above and to the extent that it may be legally permitted, and save for what may be provided otherwise under these Conditions, we shall not accept any liability for the following losses, regardless of the cause thereof:

  • Loss of income or sales;
  • Loss of business;
  • Lost profit or lost contracts;
  • Loss of expected savings;
  • Loss of data; and
  • Loss of management time or business hours.

Due to the open nature of this website and the possibility that there may be errors in the storage and transmission of digital information, we do not guarantee the precision and security of the information transmitted or obtained through this website unless it is expressly established otherwise therein.

All the descriptions of products, information and material displayed on this website are provided ad corpus and without any express or implied guarantees to the same.

To the extent that this is permitted under the Law, we exclude all guarantees except for such that may not be legitimately excluded before consumers and users.

The provisions under this clause shall not affect your legal rights as a a consumer and user, nor your right to withdraw from the Contract.

15. INTELLECTUAL PROPERTY

You acknowledge and consent that any copyright, registered brand name and any other intellectual property rights over the material or content provided as a part of the website belong at all times to us or tho whomever may have granted us the license to use them. You may make use of the aforesaid material solely in the manner expressly authorized by us or by whomever may have granted us the license to use them. This will not prevent you from using this website as may be necessary to copy information pursuant to your order or contact data.

16. WRITTEN COMMUNICATIONS AND NOTICES

The applicable legislation requires that a part of the information and/or notices that we send you must be in writing. By using this website yo accept that most of such communication with us be carried out electronically. We will contact you via e-mail or we will provide you with information by posting notices on this website. For contractual purposes you consent to use this electronic means of communication and you acknowledge that any contract, notice, information and any other communication that we may send you electronically comply with the legal requirement of being made in writing. This condition shall not affect your rights as recognized by the Law.

Any notices that you send us must be made preferably using our contact form. In accordance with the provisions under Clause 18 above and unless stipulated otherwise, we may send you communications either to your e-mail address or to the postal address provided by you when placing an order.

It shall be understood that such notices have been received and duly effected the moment they are posted on our website; 24 hours after having been sent via e-mail; or three calendar days after the date of the postmark of an letter. In order to prove that the notice has been effected it will be sufficient to verify, in the case of a letter, that the address on it was correct, that it was duly stamped and that it was duly handed to the Postal Service or placed in a postbox, and in the case of an e-mail, that it was sent to the e-mail address specified by the addressee.

17. ASSIGNMENT OF RIGHTS AND DUTIES

The Contract is binding both for you and for us, as well as for our respective successors, assignees and beneficiaries.

You may not transmit, assign, place a lien on or in any other manner transfer a Contract or any one of the rights or duties deriving therefrom in your favor or for you without having obtained our prior consent in writing.

We may transmit, assign, place a lien on, subcontract or in any other manner transfer a Contract or any one of the rights or duties deriving therefrom in our favor or for us at any time during the force of the Contract. In order to avoid any doubts, the aforesaid transmissions, assignments, liens or any other transferrals shall not affect the rights recognized under the Law that in any case you may have as a consumer, nor shall they annul, reduce or limit in any manner the guarantees, both express or implied, that we may have granted you.

18. EVENTS BEYOND OUR CONTROL

We shall not be liable for any non-compliance nor delay in the compliance of any one of the obligations that we may undertake under a Contract the cause of which is due to events beyond our reasonable control ("Force Majeure").

Force Majeure shall include any event, occurrence, lack of exercise, omission or accident that is beyond our reasonable control, among others, as follows:

  • Strikes, lockouts or other industrial action.
  • Civil unrest, riots, invasion, terrorist attacks or threats, war (whether declared or not) or threat of or preparation for war.
  • Fire, explosions, storms, floods, earthquakes, ground subsidence, epidemics or any other natural disaster.
  • Impossibility to make use of trains, ships, aircraft, motor vehicles or other means of transport, public or private.
  • Impossibility to make use of public or private telecommunications systems.
  • Acts, decrees, legislation, regulations or restrictions issued by any government or public authority.
  • Strikes, failures or accidents during maritime or river transportation, postal transportation or any other means of transport.

It shall be understood that our obligations pursuant to the Contract shall be suspended for the time during which the Force Majeure is ongoing, and we shall be entitled to an extension to the period to meet such obligations for the length equal to that of the duration of the Force Majeure. We shall make all reasonable efforts to end the situation of Force Majeure or to find a solution that may enable us to meet our obligations under the Contract despite the Force Majeure.

19. WAIVER

Lack of request on our behalf of the strict compliance on your behalf of any one of the obligations undertaken by you by virtue of a Contract or these Conditions or lack of exercise on our behalf of the rights or actions that may correspond to us by virtue of any such Contract or these Conditions shall not entail any waiver nor limitation whatsoever regarding such rights or actions nor shall exempt you from complying with such obligations.

Any waiver on our behalf of a specific right or action shall not entail a waiver of any other rights or actions pursuant to the Contract or the Conditions.

Any waiver on our behalf of any one of these Conditions or of any right or action pursuant to the Contract shall not become effective unless it is expressly established that it is a waiver and it becomes formalized and is notified to you in writing in conformity to what is provided for under the section of Notices above.

20. PARTIAL NULLITY

If any one of these Conditions or any provision of a Contract were to be declared null and void by a final decision of a competent authority, the remainder of terms and conditions shall remain in force without being affected by such declaration of nullity.

21. FULL AGREEMENT

These Conditions and any document expressly referred to therein constitute the full agreement existing between you and us regarding the object of the Contract and they replace any other previous deal, agreement or promise agreed to between you and us verbally or in writing.

You and we acknowledge to have consented to enter the Contract without having confided in any statement or promise made by the other party or which could have been inferred from any statement or writ in the negotiations started by both parties prior to such Contract, save for that which is expressly mentioned in these Conditions.

Neither you nor we shall have recourse to action facing any uncertain statement made by the other party, verbally or in writing, prior to the date of the Contract (except in the case that such uncertain statement were made in a fraudulent manner) and the only action the other party shall have recourse to shall be due to breach of contract in conformity to what is provided for under these conditions.

22. OUR RIGHT TO MODIFY THESE CONDITIONS

We have the right to revise and modify these Conditions at any time. You shall be subject to the policies and Conditions in force at the time when you make use of this website or place an order, except if by law or by decision of a governmental body we are obliged to make changes with a retroactive nature to such policies, Conditions or Privacy Policy, in which case any potential changes shall also affect any orders you may have placed previously.

23. APPLICABLE LEGISLATION AND JURISDICTION

The use of our website and the contracts to purchase products through the same shall be governed by the laws of Spain. Any controversy that may arise shall be submitted to the non-exclusive jurisdiction of the courts and tribunals of Spain. If you enter a contract as a consumer, nothing under this clause shall affect any rights that as a consumer you may be recognized by the legislation in force.

24. COMMENTS AND SUGGESTIONS

If you wish to make a comment or suggestion please send it to us using our contact form.

We also have official complaint forms at the disposal of consumers and users. You may request them by telephone at +34 881997570, or using our contact form.