Terms and conditions

1. LEGAL OWNER OF THIS WEBSITE

In compliance with the duty of disclosure detailed in section 10 of Law 34/2002, of 11 July, on Information Society Services and E-Commerce, it is hereby stated that www.milartienda.com is a personal website managed by MILA CORTADI ECHAVE, who has national ID number (DNI) 15975414M and whose registered address is Calle Tejo, 7, Monachil (Barrio), 18193, Granada, Spain. Users may contact MILART by calling (+34) 637 523 650 or by emailing milartienda@gmail.com.

2. GENERAL TERMS AND CONDITIONS OF USE

Using or accessing the www.milartienda.com website implies full knowledge and acceptance of the Terms and Conditions of Sale and our Privacy Policy, detailed in the Legal Notice, which can be accessed from the website’s footer. Therefore, the user is responsible for closely reading both texts. Any users or visitors who use the website’s contents in a manner that does not comply with law, these Terms and Conditions of Use, or our Privacy Policy, will be liable to MILART and third parties. By accepting the Terms and Conditions of Sale and our Privacy Policy, the user is contractually or pre-contractually bound to MILART and he/she undertakes to respect all provisions established in both texts.

3. ARTWORKS FOR SALE

MILART aims to offer users a selection of modern artworks by famed national and international artists. MILART’S inventory of artworks includes diverse techniques, such as painting, giclée prints, sculpture, drawing, comics, digital art, handcrafts (metal, jewellery, ceramics, etc.), video, construction, and more. MILART provides a detailed, thorough description of all of its artworks, however, users may contact the store to find out further information related to technical characteristics or other information that they require. The photographs of artworks that are shown on the website have been taken in a bid to ensure they are as faithful as possible to the originals, however, colours may vary slightly, often due to the monitors used by users. The authenticity of all artworks is guaranteed and each artwork will be accompanied by an authenticity certificate issued by MILART, duly serialised, numbered and signed by the artist.

4. PURCHASE PROCESS

In the QUALITY-HELP: “HOW CAN I MAKE A PURCHASE?” section of the menu you will find a detailed explanation of each step involved in the purchase process. However, the user may contact the store to receive further information or to ask any questions. This text contractually binds MILAR and the user, and is accessible before and after making a purchase.

The prices of all artworks are shown in euros.

Shipping of all artworks is subject to payment of delivery costs. The user may find out these costs by using the delivery cost calculator located below the detailed description of each artwork, or during the first step of the purchase process (order summary). All shipments are made using DHL, however, MILART eserves the right to use other companies for any delivery.

MILART is not liable for any management fees or taxes that may be generated at customs in countries that do not pertain to the European Union, as well as the Canaries, Ceuta and Melilla.

The payment methods accepted are bank card (VISA AND MASTERCARD), bank transfer and PayPal. Payment by card will be processed using the 3D secure system through which the user must confirm on his/her bank’s website, as an additional security measure, that he/she is the holder of the card. If the user opts for bank transfer as the payment method, he/she has five working days to make the transfer to the account indicated by MILART when the user places an order. Failure to do so will result in the order being cancelled.

The purchase will not be considered formalised until payment is made. All deliveries are made within a maximum of 15 working days after payment is received, unless another delivery time frame is indicated in the item’s description. MILART reserves the right to make a delivery outside the indicated time frame due to reasons inherent or external to the company, but in the event of delay the user will be informed and he/she will be within his/her rights to cancel the sale and receive a refund, either via PayPal or by bank transfer, provided that the shipment has not yet been sent.

MILART is not liable for the time it may take for a payment made via bank transfer, both nationally and internationally, to be received.

The delivery time frames shown in the “HOW DO I MAKE A PURCHASE?” section of the menu and the HOME PAGE (lower section) are approximate and for informational purposes only. They correspond to the time that passes between the order being sent and the order being received. Once the order has been received, the buyer has seven (7) days to return it if it is not to his/her liking. In this case, the buyer must send the item to the address we provide and he/she is responsible for paying delivery costs. Once the item has been received and its condition has been checked, the corresponding amount will be refunded, excluding delivery costs for the first shipment. MILART reserves the right not to accept a return if the artwork is not found to be in the same condition as the condition in which it was delivered to the buyer (the DHL carrier will be required to open the package and take a photo corresponding to the artwork’s arrival when it is delivered to the buyer). The user also has the right to request an exchange for another or other artworks within this time frame, adjusting the price, if different, by paying or receiving a refund for the difference.

5. PERSONAL DATA

Users may make purchases by registering with a username and password or without being registered. In any case, MILART undertakes to process all personal data with utmost confidentiality, in compliance with the provisions of the Personal Data Protection Act 15/1999 and Law 34/2002 on Information Society Services and E-Commerce. More information about our Privacy Policy can be found in the “Legal Notice” section in the website’s footer.

The user hereby declares that all data he/she provides are truthful and correct, and he/she undertakes to keep them updated, making any amendments by using the control panel (registered users only) or contacting MILART. The user will update his/her data to ensure they are truthful at all times and he/she will be solely liable for any disputes or lawsuits that may arise due to their falsification.

6. SECURITY

MILART undertakes to permanently maintain both the technical and organisational security measures necessary to protect personal data and prevent their loss, alteration and unauthorised use. It also undertakes to protect all data entered by the user with the aim of making a payment. However, the user must understand that security measures on the Internet are not unassailable. With regard to the operational functioning of the website, MILART is exempt from any liability that may arise from interferences, interruptions, computing viruses, breakdowns or disconnections whose causes are external to MILART.

MILART collaborates with the corresponding authorities in relation to possible illegal or harmful actions developed by third parties in bad faith (section 11 LSSI) and/or cause damage to the website.

7. INTELLECTUAL AND INDUSTRIAL PROPERTY

All of the contents displayed on the website are the property of MILART and are protected by national and international intellectual and industrial property laws. Therefore, using, reproducing, modifying or adapting the graphic elements or design, photographs, layouts, images, buttons, icons or texts without the express authorisation of MILART is strictly prohibited.

All trademarks (both logos and names) are duly registered with the Spanish Patents and Trademarks Office as the property of MILART.

Unauthorised use of these contents will be subject to the jurisdiction of the courts of Granada (Spain).

8. LINKS POLICY

MILART reserves the right to include in its contents links to other websites that may be of interest to the user. MILART conforms to section 17 of Law 34/2002, of 11 July, on Information Society Services and E-Commerce and it is not liable for the damage that may derived from the use, access, opinions, information and communications that exist on or are offered by websites that are not managed by MILART and which may be accessible from the website. However, although the legality of the contents offered by third parties cannot be guaranteed, MILART strives to refrain from including links to websites that do not comply with current LOPD and LSSI regulations.

With regard to external links, MILART is not liable for the damage that may result from the use, modification, functioning or implementation of external links that direct the user to a website.

9. MINORS

MILART’S website is not designed for users who are minors. Therefore, it will not consciously process or request personal data from this type of user.

10. INFORMATION SUPPLIED BY THE WEBSITE 

MILART hereby informs users that it strives to ensure all information contained on the website is truthful and free from typographical errors. Any errors of this nature that may occur will always be beyond the control of MILART and it will immediately proceed to correct said errors. If a typographical error were to occur with any of the prices shown and a user has taken the decision to make a purchase, conditioned by said error, we will inform him/her of the error and the customer will have the right to cancel his/her order. In this same circumstance, MILART reserves the right to cancel the sale and proceed to refund the amount paid. MILART reviews all details and information offered on an ongoing basis so as to proceed to correct possible errors.

11. CONTRACTUAL RELATIONSHIP BETWEEN MILART AND THE USER

All purchases are subject to current Spanish legislation, and European legislation for remote sales. Any lawsuits that may arise from the contractual relationship between the parties will be subject to the jurisdiction of the courts of Granada (Spain)

12. MODIFICATION OF THE TERMS AND CONDITIONS OF SALE

The Terms and Conditions of Sale detailed in this document may be modified at any time without prior notice. These modifications will not be retroactive. The user undertakes to read the Terms and Conditions of Use before making a purchase. If any modifications were to be made in the future, the date they are updated will be indicated.