TERMS OF USE

This text, along with those indicated in it, determines the terms and conditions of the use of our website kartma-shop.org and the General Terms and Conditions of Sale of our products. Before using this website, you must read these Terms of Use, our Cookie Policy and our Privacy Policy, and if you do not agree with what is set forth in them you should not use this website, given that using it implies your consent to be bound by them, in the same way that you must accept the General Terms and Conditions of Sale in order to place an order through this website.

If you have questions about any of the aspects contained in these Terms and Conditions or the Privacy and Cookies Policies do not hesitate to contact us. You can do so by sending us an email at contact@philarthropic.org.

Identification

Kartma is the sales platform used by Philarthropic to sell works online through the website kartma-shop.org. Kartma is a registered trademark owned by Filartropia, S.L. (hereinafter referred to as Philarthropic), a company with CIF (Spanish Corporate Tax No.) B-67173807 and with its registered address at Via Augusta, 35, 7º piso, despacho 22, Barcelona (08006), registered in the Mercantile Register of Barcelona, Volume 46316, Sheet 94, Page 516355, and email contact contact@philarthropic.org.

General terms and conditions of use of the website

As a user of the website you undertake:

  1. To make use of the website only to make enquiries or legally valid orders.

  2. When making an order through this website, you declare you are 18 years of age or over and have the legal capacity to enter into an agreement and be bound by, and therefore also accept, the terms and conditions of the agreement.

  3. That your contact and personal details (email, identifying information, postal address, etc.) that you supply are real and accurate, so as to provide all the necessary information required to process your request or order. Your request for information, enquiry or order implies that you are consenting that we can make use of your data in order to be able to contact you if necessary (see the Privacy Policy).

  4. Not to make any false or fraudulent orders, nor violate the agreements set forth in this agreement.

  5. Not to allow any other person to use your personal data to enter into an agreement on your behalf.

Terms and conditions of sale

1. Order

You can place an order via the following methods:

  • Via the Internet, in accordance with the online purchasing procedure. To complete the order, the payment must be accepted, and you will then receive an e-mail acknowledging receipt of your order.

  • Via e-mail to contact@philarthropic.org

To place the order, you must provide all the personal data that is requested in order to process it.

You can correct or change your personal details by sending an e-mail to contact@philarthropic.org, or in writing to the company’s address. (See the Privacy Policy).

Placing an order implies the acceptance of the description of the work, the prices and the General Terms and Conditions of Sale, as well as any other specifications contained in the description sheet of the work of art or on the order itself.

The order of some of the works of art is subject to availability. If there are difficulties in supplying the selected product, we will refund any amount that may have been paid.

By placing your order, you can specify whether you wish to receive the work already framed or mounted, if applicable, choosing the frame or mount from the range offered for each work of art, or in some cases it can be delivered unframed or unmounted and be carried out at the location requested by the client. If the order does not specify a particular type of frame or mount, the work will be delivered as is.

To process the order and proceed to its dispatch, the price must be paid in full, as well as any additional costs.

The website displays reproductions of the artworks for sale, whose particular characteristics may result in the displayed image not being entirely consistent with the real image; the colors shown on the website may not be exactly the same as the artwork delivered, the image may appear slightly distorted, or the measurements may not coincide exactly to the millimeters given.

 

2. Delivery

Delivery of your order will be made within the period detailed on the description sheet of the product, except in the case of extraordinary or unforeseen circumstances, or if any customization of the work is necessary, which may delay its delivery. If the delivery period is not specified, this will be a maximum of 60 days from the date of the order confirmation, except in the case of extraordinary circumstances or difficulties of delivery in the destination country that would justify its delay.

Deliveries will take place at the address provided by the customer at the time the order is placed. Orders will not be delivered to post office box addresses.

The delivery shall be deemed to have taken place with the signing of the receipt of the order at the agreed delivery address.

Deliveries will be carried out by the following means:

  • National or international courier

  • Our own transport

 

3. Prices and payment

Website prices exclude VAT, delivery costs, and where applicable, framing and mounting costs, which are the additional costs that appear on the web page where you place your order. Similarly, customs expenses at the destination country or non-VAT taxes are also excluded from the price.

Purchases which are subject to VAT made by taxpayers who reside in countries belonging to the European Community other than Spain and who hold an EU tax number are exempt from paying VAT, which must be certified in order for the exemption to be applied.

Purchases made by natural or legal persons who reside outside the European Community, as well as those made by customers of the Canary Islands, Ceuta or Melilla, shall be exempt from VAT.

Before proceeding to the payment of your order, the various costs or taxes that are applicable to the order will be specified.

You can make the payment via the following methods:

  • Through the STRIPE payment platform. This is a secure payment method which allows you to pay without having to enter your bank details on the website of the vendor; they only have to be entered onto the STRIPE platform. The data is encrypted and is in a secure environment. If you have a STRIPE account, you can use it to make a payment online quickly and safely. If you do not have one, when you come to make the payment you will be redirected to a STRIPE webpage where you will be able to enter your banking data and decide whether to create an account or not.

  • Bank Transfer

To be able to process the order must you accept the payment being made. All orders must be paid in euros, including taxes and additional expenses.

 

4. Returns policy

Right of withdrawal

A customer who is purchasing a product as a consumer and user is entitled to withdraw from the agreement within a period of 14 calendar days from the receipt of the product (by you or by a third party you have indicated other than the carrier), without the need for justification.

To exercise the right of withdrawal you must notify us of your decision to withdraw from the agreement, by sending an e-mail to contact@philarthropic.org, or in writing to Philarthropic (Filartropia, S.L.), to the address at Via Augusta 35, 7º piso, despacho 22, Barcelona (08006).

 

Consequences of withdrawal

In the event of withdrawal, we will refund you all payments received, including the delivery costs, except for any additional costs which have been incurred by choosing a different form of delivery to those offered to you when you placed the order. The refund will be performed using the same method of payment used to make the purchase, unless this is impossible, in which case it will be made by bank transfer or cheque, without undue delay and in any case within a maximum period of 14 days from the date on which you communicate your decision to withdraw.

There will be no charges resulting from the refund. However, we may withhold the refund until we have received the goods, or until you have provided proof of the return of the goods, depending on which condition is met first.

The customer shall bear the costs of returning the product, except if is done through the following methods offered by Philarthropic:

  • Send an email to contact@philarthropic.org requesting the return of the work after which, Philarthropic will manage the logistics of returning the said work, arranging the collection of goods from the customer.

The customer must return the goods without any undue delay to Via Augusta 35, 7º piso, despacho 22, Barcelona, 08006, and, in any event, no later than within 14 calendar days of the date on which they communicate their decision to withdraw from the agreement. The terms of this agreement shall be considered met if the goods are returned before said period has expired.

You shall be liable for any reduction in the value of the goods resulting from handling of the goods beyond what is necessary to uphold their nature, characteristics and proper functioning, if applicable.

 

Common provisions

The customer does not have the right to withdraw from the agreement in the following cases:

  • Works carried out according to the buyer's specifications;

  • Customized works;

Your right to withdraw from the agreement shall apply exclusively to those works which are returned under the same conditions in which the customer received them. A refund will not be given if the product has been used beyond merely opening the package for goods which are not in the same condition as they were at the time of delivery or which have suffered any damage; therefore, you must be careful with the product(s) while they are in your possession.

Please return the article using or including all its original packaging, instructions and other documents that may accompany it.

After examining the article, we will inform you whether you are entitled to a refund of the amount previously paid. The reimbursement of transport costs will only be made when your right of withdrawal is exercised within the legally established time period and all the articles that make up the order in question are returned. The refund shall be paid as soon as possible and, in any case, within a period of 14 days from the date in which you communicated your intention to withdraw.

Please note that, once the order has been delivered, in the event of exercising your right of withdrawal, where it is you who organizes the transport of the goods (except in the case when the service has been offered by us), we shall not be held liable for any risk of returning the package with regards to causes that are not attributable to Philarthropic. In any case, the rights and actions recognized by law remain in force.

 

Return of defective products

In cases in which you consider that, at the time of delivery, the product does not meet the terms set forth in the agreement, you must contact us immediately, through one of our methods of communication, providing us with the details of the product and the damage suffered; we will then inform you how to proceed.

Philarthropic will manage the logistics of returning the work, arranging the collection of goods from the customer.

We will proceed to carefully examine the returned product and will inform you by email within a reasonable period if the goods will be refunded or replaced (if applicable). The refund or replacement of the article shall be carried out as soon as possible and, in any case, within 14 days following the date in which we send you an email confirming the refund or replacement of the non-compliant article. 

The amounts paid for products that are returned due to imperfections or defects, where such a defect is found to really exist, will be refunded in full, including delivery expenses incurred to deliver the item to you and the costs that you would have incurred to return it to us. The refund will be performed using the same method of payment used to make the purchase, unless you request a different method of refunding the amount or using the same method is impossible (in which case it will be made by bank transfer or cheque).

This is notwithstanding the rights recognized by the legislation in force.

 

5. Warranties

If you enter into the agreement as the customer and user, you are entitled to a legal warranty for the products. In case of non-compliance, for a defect or imperfection in the work sent, the customer may choose between demanding a replacement, having the product repaired or a refund for the price and delivery costs.

 

6. Processing of personal data

The personal data you provide us with via our website are incorporated into a file which Filartropia, S.L. is responsible for, in order to provide the requested information or process the service required, or where appropriate to send informative correspondence regarding our services and events. The data provided will be kept for the duration of the commercial relationship or until you request its deletion, or for as long as is necessary to comply with legal obligations. The data will not be disclosed to any third parties except in those cases involving a legal obligation to do so. You are entitled to access your personal data, rectify any inaccurate data or request its deletion when the data is no longer needed (Regulation (EU) 2016/679), by writing to the company’s registered address at Via Augusta 35, 7º piso, despacho 22, Barcelona (08006), or by sending an e-mail to contact@philarthropic.org, attaching a copy of your DNI (National Identity Document).

You can view additional, detailed information on Data Protection in our Privacy Policy.

 

7. Cookies policy

As is common practice in almost all professional websites, this website uses cookies to improve your browsing experience. In our Cookies Policy section, we describe what information we collect, how we use it and explain why we sometimes need to store these cookies. You can also prevent these cookies from being stored.

 

8. Intellectual property 

All the works displayed and sold on the Kartma website, sales platform for Philarthropic, are protected by intellectual property rights, with the necessary exploitation rights for their display and sale having been transferred to Philarthropic.

The customer understands that the work they acquire from Philarthropic through Kartma is protected by copyright, and therefore any unauthorized use of the said work shall be considered a violation of those rights.

The customer undertakes to respect those intellectual property rights that have not been transferred by the authors of the works of art which they have acquired. Among others (and not exclusively), the customer must not use the acquired work: as part of their advertising or for commercial purposes by any means of dissemination; as an element of a web page, video game, product software, etc.; as part of advertising, promotional or marketing materials, in any format; etc.

Philarthropic is the owner of the industrial and intellectual property rights arising from the design and content of its web page, or a license to use them has been transferred to Philarthropic. The customer can only make use of the material or content of the website in the form that has been expressly authorized by Philarthropic or those who gave them the license to use such material.

 

9. Links

Links to other websites or third-party content are provided solely for informational purposes, without Philarthropic having any control over the content of such websites or materials, therefore it shall not be held liable for any damages or loss derived from its use.

 

10. Correspondence

You hereby accept that written correspondence carried out by Philarthropic in compliance with the legal obligation of correspondence being carried out in writing, preferably by email, or by means of information communicated on its website. For contractual purposes, you agree to use email as a means of communication and recognise that notifications, the agreement, and other correspondence sent by this means meet the legal requirements to be made in writing. This condition will not affect your legal statutory rights.

 

11. Events beyond our control

We will not be held responsible for any failure or delay in the compliance with any of the obligations undertaken, when this is due to events which are beyond our reasonable control ("Force Majeure").

The causes of Force Majeure shall include any act, event, lack of exercise, omission or accident which is beyond our reasonable control, including among others, the following:

  • Strikes, lockouts or other industrial action.

  • Civil commotion, riots, invasion, terrorist threats or attacks, war (declared or not) or threat of war or preparations for war.

  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

  • Inability to use trains, boats, aircraft, motor transport or any other means of public or private transportation.

  • Inability to use public or private telecommunications systems.

  • Acts, decrees, legislation, regulations or restrictions of any government or public authority.

It is understood that the obligations shall be suspended during the period that the Force Majeure occurrence continues, and we will have an extension of the time period available to comply with these obligations for a period of time equal to the duration of the Force Majeure. We will take all reasonable measures to the end of the cause of Force Majeure or to find a solution that will allow us to fulfill our obligations despite the cause of Force Majeure.

 

12. Full agreement

These terms and conditions constitute the full agreement between the parties. In the event that one of the clauses of these terms and conditions were to be declared null void, this will not affect the rest of the conditions.

 

13. Right to modify the conditions

We reserve the right to modify the Terms and Conditions. We will keep you informed of any substantial changes in them. Any modifications will not be of a retrospective nature and, except for possible exceptions depending on the particular case; they shall be applied 30 days from the date of their publication in the corresponding notification. If you disagree with the modifications, we recommend not using our website.

 

14. Applicable legislation and competence 

The use of our website and purchase agreements of goods through this site are governed by Spanish law.

For the resolution of any dispute arising from the website or from the purchase agreements non-exclusive submission to the Spanish Courts and Tribunals is established, and of the special jurisdiction of the Courts and Tribunals of Barcelona.

If you are a customer, your recognized legal rights will not be affected by the provisions of this clause.