Identification data of the Owner
These general terms and conditions of sale regulate all aspects of every sale transaction offered, provided or made in the online shop located on the website https://artesaniafuerteventura.es/ , the owner of which is Asociación de Artesanos Creativos en Fuerteventura (hereinafter the Owner), with N.I.F. (tax code) G76368356 and with its registered address at Disem. de Goma, 12, 35638, Antigua, Las Palmas, Fuerteventura (Canary Islands, Spain), registered with the Directorate General for Employment.
These terms and conditions may be amended by the Owner at any time. The User will be informed of the existence of any new version of them containing substantial changes.
Applicability of the general terms and conditions
These terms and conditions apply to all offers, activities, agreements and deliveries of products made by or on behalf of the Owner. Deviation from these terms and conditions is only possible if the parties have so agreed explicitly in writing.
These terms and conditions will regulate the use of the website which the Owner makes available to its users and customers. Purchases on the website can be made from Spain, including every part of the country. The products that the Owner sells via its website are primarily craft products made by its members.
These general terms and conditions have been formulated in accordance with the provisions of Law 34/2002, on Information Society Services and Electronic Commerce, Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Law for the Protection of Consumers and Users, and other supplementary laws, application of all of which is obligatory.
Users are recommended to consult these terms and conditions from time to time, especially when they are about to make actual use of the online shop located on the website. Nevertheless, the Owner undertakes to keep them constantly updated, to publish the latest version and to make them accessible and printable at any time.
Conditions of access and purchase
Access to the portal https://artesanoscreativosftv.com/ is free and confers the status of User on those who undertake it, regardless of subsequent use of the services offered.
Products may only be purchased on the website by users over the age of eighteen (18) years, who must follow the steps and instructions that will accompany the whole purchasing process, including, but not limited to, the following:
(i) Completing the registration form, or the identification form for users who have registered previously;
(ii) Viewing the order summary, delivery conditions, and delivery costs, if applicable, on screen;
(iii) Accepting the purchase conditions, which involves reading, understanding and irrevocably accepting each and every one of these general terms and conditions, as well as the particular conditions, if applicable;
(iv) Immediately receiving a summary and confirmation by email at the email address used when registering, as soon as possible and always within twenty-four hours.
Purchasing products for subsequent distribution or resale is not permitted, whether in public shops or by private transactions. If the Owner should consent to it at any time, it will authorize the necessary permits, and verifiably notify the authorized agent of such approval.
All orders will be considered offers to purchase subject to these terms and conditions. The Owner reserves the right to accept these offers if the requirements laid down in them are not complied with.
Once an order has been placed, the system automatically generates a confirmation of its receipt. However, this confirmation does not imply automatic acceptance of the order, since the Owner reserves the right to seek additional information on the identity and address in order to ensure both that the order has been sent correctly and that there is no fraud associated with the transaction.
Orders can be placed 365 days a year, at any time, except when the service is suspended due to maintenance or other commercial circumstances and/or force majeure.
Any order is subject to availability of the product. If it is not possible to deliver an order owing to supply problems or because sufficient stock is not available, the User will have the option of waiting until the product is available or cancelling the order.
Delivery will be considered to have taken place when the User or a third party indicated by the latter acquires physical possession of the products.
The delivery period for the order will vary depending on the delivery method selected and will be indicated on the website once confirmation of the order is obtained; in any case, it will not exceed 30 days from the date of confirmation of the order. If the date of delivery cannot be fulfilled, we will inform the User, who will be offered the option of continuing with the purchase, setting a new date of delivery, or cancelling the order, obtaining a full refund of the price paid.
If the addressee is absent at the time of delivery, a notice will be left so that the item can be collected at the place and within the time limits indicated. Once the time limit has expired without the item being collected, it will be returned to the Owner.
Price and payment
It is understood that the price of each product is the price that appears on the website at the time when each order is placed. The User must pay the price shown, including applicable taxes, together with the delivery charge, which will be added to the final price to be paid.
Prices may be changed by the Owner at any time and without notice, without affecting orders that have already been confirmed. However, the Owner will not be obliged to fulfil orders, even if they are confirmed, when the price is incorrect, especially when the error is obvious and easily recognizable.
The accepted forms of payment are:
– Credit/debit card
– Bank transfer
Right of withdrawal
The User has the right to withdraw from the contact entered into via https://artesanoscreativosftv.com/ within a period of 14 calendar days without needing to give a reason.
The withdrawal period will expire 14 calendar days from the date when the User or a third party indicated by the latter, other than the carrier, has acquired physical possession of the goods.
To exercise the right of withdrawal, the User must notify the owner of his or her decision to withdraw from the contract by sending an unequivocal statement (for example, a letter sent by post, fax or email) or using the form provided for this purpose. The User may use the model withdrawal form included at the end of these terms and conditions, though use of this form is not obligatory.
To meet the deadline for withdrawal, it is sufficient for the communication regarding the exercise of this right by the User to be sent before the corresponding period expires.
In the event of withdrawal, the Owner will reimburse all the payments received from the User, including delivery charges (with the exception of the additional costs resulting from the User choosing a mode of delivery other than the least expensive ordinary form of delivery offered) without undue delay and in any event within 14 calendar days at the latest from the date when the User informs the Owner of their decision to withdraw from the contract. The Owner will then make this reimbursement using the same form of payment employed by the User for the initial transaction, unless the latter has expressly stipulated otherwise; in any case, the User will not incur any expense as a result of the reimbursement.
The Owner may withhold reimbursement until it has received the goods or until the User has presented proof of return, whichever occurs first.
The User must return the goods or deliver them directly to the Owner, without undue delay and in any event within 14 calendar days from the date when they inform us of their decision to withdraw from the contract.
The deadline will be considered to have been met if the User returns the goods before this period has ended. The User must bear the direct cost of returning the goods.
The User will be solely responsible for any reduction in value of the goods resulting from handling other than that necessary to establish the nature, characteristics and operation of the goods.
It is specified in this document that any products that are unsealed after delivery or that may be returned for sanitary reasons or health protection purposes will not be eligible for withdrawal (including, but not limited to, any beauty care products if their top or seal is removed).
The right of withdrawal will not be applicable to contracts in respect of:
• Supplying goods that are made to the consumer and user’s specifications or clearly personalized.
• Supplying sealed goods that are not suitable for return for reasons of health protection or hygiene and that have been unsealed after delivery.
The Owner has a customer service department to enable the User to manage their claims and queries or to request guarantees and exercise the right of withdrawal.
The User can direct their complaints, claims or requests for information to the customer service department, using any of the following channels for this purpose:
All queries and especially complaints and suggestions will be dealt with as quickly as possible and in no case will the time limits established by current legislation be exceeded.
In addition, the User will have a record of them by being given a written receipt, on paper or any other permanent medium.
Personal data protection
The Owner is the data controller of the User’s personal data and informs the User that these data will be processed in accordance with the provisions of Organic Law 3/2018, of 5 December, on Personal Data Protection and Guarantee of Digital Rights and Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and therefore provides the User with the following information on processing:
Purpose of processing:
To maintain a commercial relationship, begun at the request of the data subject as user.
The personal data collected on this site is as follows:
- Opening the account: email address and name when the user’s account is created.
- Login: when connecting to the website, the user registers, in particular, their surname, forename, access data, use data, location, and payment data where applicable.
- Purchasing in the online shop: requires delivery address data.
- Profile: using the services provided on the website allows the user to enter a profile, which may include an address and a telephone number.
- Payment: in the course of making payment for the products and services offered on the website, financial data associated with the user’s bank account or credit card is recorded.
- Communication: when the website is used to communicate with other members, data associated with the user’s communications is temporarily stored.
- Cookies: cookies are used when the website is visited. The user can disable cookies through their browser configuration.
Use of personal data
The purpose of the personal data collected from users is to make the website’s services available to them, improve those services and maintain a secure environment.
More specifically, the uses are as follows:
• access to and use of the website by the user;
• managing the operation of the website and optimizing it;
• organizing the conditions of use of payment services;
• verifying, identifying and authenticating the data sent by the user;
• implementing user assistance;
• personalizing services by showing advertisements based on the user’s browsing history, according to their preferences;
• preventing and detecting fraud, managing malware (malicious software) and security incidents;
• managing possible disputes with users;
• sending commercial and advertising information, according to the user’s preferences.
Transfer of personal data
Personal data may be shared with third parties in the following cases:
• when the user uses payment services, the website is in contact with third-party banking and financial institutions with which it has entered into contracts, in order to implement these services;
• when a purchase is made, delivery address data needs to be indicated;
• when the user publishes information open to public access in the free comment areas of the website;
• when the user authorizes a third-party website to access their data;
• when the website uses service providers to provide the user with support, advertising and payment services, these service providers have limited access to the user’s data, in the context of providing these services, and are contractually obliged to use that data in accordance with the provisions of applicable personal data protection legislation and regulations;
• if required by law, the website may transmit data to present claims against the website and to comply with administrative and judicial procedures.
Security and confidentiality
The website implements organizational, technical, software and physical digital security measures to protect personal data from alteration, destruction and unauthorized access. However, it should be noted that the internet is not a completely secure environment and that the website cannot guarantee the security of transmission or storage of information on the internet.
Implementation of users’ rights
According to the legislation and regulations applicable to personal data, users have the following rights, which they can exercise by sending their request to the following address: Diseminado Goma 12, 35628 Antigua, Las Palmas, or to the email address email@example.com
Rights of the data subject
The User has rights of access, rectification, portability and erasure of their data and restriction of or objection to its processing.
The User also has the right to present a claim to the control authority (agpd.es) if they consider that the processing does not comply with current legislation or regulations.
Language of the contract
These general terms of sale are written in Spanish. If they are translated into one or more foreign languages, the text in Spanish will prevail in the event of litigation.
These general terms and conditions are governed by Spanish law. The parties submit, at their discretion, to the courts of the jurisdiction where the user is resident for the resolution of any disputes, waiving any other forum.