PURCHASE CONDITIONS
1. PURPOSE AND SCOPE
The purpose of these General Terms and Conditions is to govern the relationship between the PLANETA COMPANY (hereinafter, THE COMPANY) and you (hereinafter, the Customer) with respect to all transactions made through the company website www.artikabooks.es
(hereinafter, the Website), a web domain owned by THE COMPANY, a legally constituted entity, with registered office at Avda. Diagonal 662-664, 08034, Barcelona, Spain, holding TIN A-08186249, and registered with the Mercantile Registry of Barcelona, Volume 1.406, Book 851, Folio 229, Sheet 10.795 Section 2th.
If you have any questions, you may call us at +34 93 492 8000 or send an email to customerservice@artikabooks.com.
The online purchase of products and/or the contracting of services (hereinafter referred to indistinctly as a “purchase order”) offered by THE COMPANY through this Website shall be subject to the provisions of these General Contract Terms and Conditions.
2. ACCEPTANCE AND PROOF OF ACCEPTANCE
Product purchases and/or the contracting of services must be done by clicking on and actuating the PAY button that appears at the bottom of the purchase order, and signals your full acceptance of each and every one of the General Terms and Conditions as they are displayed on THE COMPANY Website prior to the product purchase or service order, without this implying acceptance of any changes to the text and wording of the Conditions that may occur thereafter.
From the moment of such acceptance, the user acquires the status of COMPANY Customer, as described in these General Conditions. Any product or service subsequently offered by THE COMPANY must be subject to a new purchase order under the prevailing Terms and Conditions at that time.
If you, the Customer, wish to read the General Terms and Conditions more carefully, you may print them out on paper or save this document in electronic format for later reading.
Once these General Terms and Conditions have been expressly accepted, THE COMPANY will send the Customer a receipt for the purchase order by email during the 24 hours following the purchase at the latest, in which all contractual terms will appear.
THE COMPANY hereby informs you that it keeps a record of the electronic documents through which purchase orders enter force. You may view these documents at any time by requesting them from our Customer Service Department.
PRICES, PAYMENT METHOD, SHIPPING AND CANCELLATION
3.1 Prices
The prices applicable to any given product and/or service are those displayed on the Website on the date of the order, including, where applicable, all VAT (Value Added Tax).
Promotional and sale offers shall be duly designated and identified as such, clearly indicating the earlier price and the offer price.
THE COMPANY reserves the right to make the changes it deems appropriate at any time and without prior notice, freely able to update product and service terms and listings daily depending on market conditions.
The product price does not include shipping costs. These expenses are borne by the Customer and shall be added to the total amount of the items ordered. The cost of the contracted shipping service shall be determined by the conditions and means applicable to that shipping option. The Customer shall be notified in advance regarding shipping costs, which shall also be shown as a separate line item prior to finalizing the purchase order.
THE COMPANY shall bear no costs relating to taxes and customs duties of the recipient country for shipments made to countries outside the European Union.
3.2 Form of Payment
Purchases may be paid using any of the methods listed below:
- PayPal.
- Bank Card (Visa, MasterCard or American Express): Available for all countries.
- Bank Transfer.
To simplify purchase transactions, the COMPANY makes a quick and straightforward payment method available to Customers through an express purchase option, providing you consent to its use. TheCustomer who opts to use this service authorizes THE COMPANY to store their credit/debit card data so that the latter may directly process future purchases. The user credit/debit card information provided may be modified by the Customer at any time. At the time of registering the card to be used, one euro will be debited to the associated bank account to verify that the account is operational. This euro charge will then be reimbursed.
3.3 Delivery and Shipping
Purchase orders for items in stock are shipped to the delivery address indicated by the Customer, within a maximum period of 5 days for deliveries within the Iberian Peninsula, and 15 days for those shipped abroad. If the item is not in stock, THE COMPANY shall duly notify the Customer as soon as possible.
In any event, should the Customer not receive the order within the maximum legal period of 30 days from the time of purchase, they may contact THE COMPANY by calling 934928000 or contacting the following email address
: customerservice@artikabooks.com
3.4 Cancelations
The Customer shall have a period of fourteen calendar days to cancel a purchase order from the date of order receipt, or from the time of finalizing the purchase order in the case of services or that of the provision of digital content that is not provided on a physical medium.
THE COMPANY guarantees the Customer the option of canceling their order at any time and at no cost, provided that such cancellation is made before the order has been made available to the carrier for shipment. Otherwise, you must wait to receive your order before you can exercise the right to cancel it.
The right of cancellation shall not apply in the following instances, as well as in the other exceptions provided for under article 103 of Law 3/2014:
- In the case of the provision of services, once the service has been fully delivered by THE COMPANY, whenever such service was initially delivered with the prior express consent of the Customer and included a Customer statement of awareness that, once the service had been completely delivered by THE COMPANY, the Customer will have lost their right to cancel the order.
- Customer orders made to order according to Customer specifications or orders which have been clearly customized.
- Sealed sound recordings, sealed videos or sealed computer programs that have been unsealed by the Customer after delivery.
- Daily press, periodicals or magazines, with the exception of subscription contracts for the delivery of such publications.
- Any digital content (e.g.; e-books, movies, and the like) that is not provided on a physical medium which the Customer has started downloading. In this case, the act of initiating the download shall terminate and void the Customer’s right of cancellation.
To exercise the right of cancellation, you must notify THE COMPANY, located at Post Office Box, No. 221 – Barcelona, Spain, telephone +34 93 492 8000 and email customerservice@artikabooks.com
regarding your decision to cancel the purchase order by making an unambiguous statement (for example, by means of a letter sent by mail or email).
If you wish, you may use the Cancellation Form which can be downloaded here https://www.aepd.es/reglamento/derechos/index.html, although its use is not mandatory.
In either case, THE COMPANY shall notify you promptly, acknowledging receipt of the cancellation and providing a hard copy thereof.
If you cancel a purchase order, we will refund all payments received from you, including shipping costs, without undue delay and, in any case, no later than fourteen (14) calendar days from the date on which we are informed of your decision to cancel the purchase order/service contract. We will then proceed to make reimbursement using the same payment method you used for the initial transaction, unless you have expressly provided otherwise; in any case, you will not incur any expenses as a result of the reimbursement.
In any case, in the event that the Customer has expressly selected a shipping option other than the least expensive ordinary shipping method, THE COMPANY shall not reimburse the additional costs arising therefrom.
A returned order must be delivered together with the shipping waybill and, if applicable, the invoice issued by THE COMPANY, THE COMPANY bearing the return shipping costs. Customers may return any item they have purchased from THE COMPANY as long as the products retain their original packaging, manuals and accessories, and/or any promotional gifts originally included. The Customer shall only be responsible for any deterioration in the value of the goods resulting from handling them in a manner that differs from that necessary to establish their nature, characteristics or operation.
If a product other than the one requested by the Customer were to be delivered owing to COMPANY error, the correct product shall be delivered, and the initial item picked up with no additional charge to the Customer.
If a product reaches the Customer broken, damaged or in poor condition, THE COMPANY shall be responsible for picking it up at their shipping address and replacing it with another one in good condition at no additional charge.
LANGUAGE
The language used for the contract between THE COMPANY and the Customer shall be officially stated in Spanish, or in the official language of the Autonomous Community where THE COMPANY has its registered office.
WARRANTIES AND COMPANY LIABILITIES
The products are covered by a two-year legal guarantee against breaches of conformity under the provisions of the General Law for the Defense of Consumers and Users (Law 3/2014, of March 27, which modifies the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of November 16). Under this Law, the consumer has the right to file a complaint against the seller and, in some cases, against the manufacturer in the event of any lack of conformity that pertains at the time of delivery of the item in the terms and conditions established therein.
If such lack of product conformity becomes manifest during the first six months, it shall be understood that the failure already existed when the product was delivered, unless otherwise proven or whenever this assumption is incompatible with the nature of the product or of product conformity.
If the lack of conformity becomes manifest after those first six months, it shall be up to the Customer to prove that the defect is original and therefore is covered by legal warranty.
The Customer has the obligation to report potential defects and nonconformity within 2 (two) months of its detection.
In case of defect or lack of conformity, we shall proceed to restore product conformity through its repair/replacement at our expense or by means of a reduction in its price, as established by prevailing norms and legislation.
Warranty assistance requires prior submission of the purchase invoice.
As a Customer, you have Customer and After-Sales Service at your disposal. For any clarification, incident or claim, or any required or due notification, you must contact Customer Service in writing and addressed to the Customer Service Department of THE COMPANY, located atPost Office Box, No. 221 – Barcelona, Spain, by email to customerservice@artikabooks.com, or by calling +34 93 492 8000.
THE COMPANY guarantees the quality of the service contracted through the https://artikabooks.com/website.
All rights that the laws in force recognize for consumers and users are guaranteed.
Failure to comply with any of these General Conditions may result in the return of the products and/or the cancellation of the services acquired by the Customer.
CUSTOMER DUTIES AND RESPONSIBILITIES
The Customer undertakes to make lawful use of the Services, without contravening prevailing norms and legislation, nor injuring the rights and interests of third parties.
The Customer guarantees the veracity and accuracy of the data provided when filling out contracting and ordering forms, avoiding causing harm to THE COMPANY as a result of their incorrectness.
Failure to comply with any of these Conditions may result in the withdrawal or cancellation of the Services by THE COMPANY without prior notice to the Customer and without giving rise to any right to compensation.
AFTER SALES SERVICE
Regarding any question, incident, complaint or claim following the acquisition of products or services, THE COMPANY makes Customer Service available to the Customer on the telephone line and at the customerservice@artika.es email address.
Customer complaints shall be handled in the shortest possible time and, in any case, within a maximum period of one month. The Customer may have proof of and track their complaints through use of the identifying key provided by THE COMPANY, together with written proof of purchase on paper or on any other type of hard copy.
INDUSTRIAL AND INTELECTUAL PROPERTY
The intellectual and industrial property rights over the works, brands, logos, and any other item subject to protection contained on the COMPANY Website correspond exclusively to THE COMPANY (or to authorized third parties), to whom the exclusive exercise of their exploitation rights in any form pertains and, especially, with an enunciative and non-limiting nature, the rights of reproduction, copying, distribution, transformation, commercialization, and public communication. The unauthorized reproduction, distribution, commercialization or transformation of such works, brands, logos, and the like constitutes an infringement of the intellectual and industrial property rights of THE COMPANY or the owner thereof and may result in the exercise of whatever judicial or extrajudicial actions that may correspond to them in the defense of their rights.
By accepting these General Contract Terms and Conditions, the Customer undertakes to respect the Industrial and Intellectual Property rights owned by THE COMPANY and/or third parties.
JURISDICTION AND APPLICABLE LAW
In the event that any conflict or discrepancy arises in the interpretation or application of these contractual conditions, the Courts and Tribunals that, where applicable, will handle the matter, shall be those provided by the prevailing legal norms and regulations in matters of competent jurisdiction, which, in the case of final consumers, corresponds to the place of fulfillment of the obligation or the domicile of the buyer.
The foregoing is without prejudice to the Customer’s capacity to seek redress from the Consumer Arbitration Board in their legal jurisdiction.
In the case of sales made by a private company, both parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Barcelona (Spain).