General conditions of sale
www.bolivaroldprints.com
1. General information
Ownership of this website www.bolivaroldprints.com, (hereinafter the Website) is held by: Timothee Huot de Saint Albin, with NIF: Y8286535V, and whose contact details are:
Address: Bolivar Old Prints, Rosselló 214 08008 Barcelona
Contact telephone: 604381304
Contact email: info@bolivaroldprints.com
This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Website (www.bolivaroldprints.com) and the purchase or acquisition of products and/or services therein (hereinafter, the Conditions).
For the purposes of these Conditions, it is understood that the activity that Bolivar Old Prints Anticuario carries out through the Website comprises:
The commercialisation of original antique maps, antique books and antique prints, and other antique pieces.
In addition to reading these Conditions, before accessing, navigating and/or using this web page, the User must have read the Legal Notice and the General Terms of Use, including the cookies policy, and the privacy and data protection policy of Bolivar Old Prints Anticuario. By using this Website or by making and/or requesting the acquisition of a product and/or service through it, the User consents to being bound by these Conditions and by all of the foregoing, so that if they do not agree with all of it, they should not use this Website.
Likewise, it is reported that these Conditions could be modified. The User is responsible for consulting them each time they access, navigate and/or use the Website, since those in force at the time the acquisition of products and/or services is requested shall be applicable.
For all the questions that the User may have in relation to the Conditions, they may contact the owner using the contact details provided above or, where applicable, using the contact form.
Important notice
If the customer does not request transport insurance by email before shipment, the products shipped by Bolivar Old Prints through couriers such as UPS or DHL will NOT be insured, both on the outbound journey and (in the event of return) on the return journey. The customer shall be responsible for any damage or loss during transport. If insurance is required, Bolivar Old Prints will provide a quotation before shipment.
2. The User
Access to, navigation through and use of the Website confers the status of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), whereby all the Conditions established herein, as well as their subsequent modifications, are accepted from the moment navigation of the Website begins, without prejudice to the application of the corresponding legal regulations that are mandatory according to each case.
The User assumes responsibility for correct use of the Website. This responsibility shall extend to:
– Making use of this Website solely to make legally valid enquiries and purchases or acquisitions. – Providing truthful and lawful contact details, for example, email address, postal address and/or other data (see Legal Notice and General Terms of Use).
The User declares that they are over 18 years of age and have the legal capacity to enter into contracts through this Website.
The User may, at their choice, formalise with Bolivar Old Prints Anticuario the contract for the sale and purchase of the desired products and/or services in any of the languages in which these Conditions are available on this Website.
3. Purchase or acquisition process
Users may purchase on the Website by the means and in the manner established. They must follow the online purchase and/or acquisition procedure of www.bolivaroldprints.com, during which various products and/or services may be selected and added to the cart, basket or final purchase space and, finally, click on: “Pay”.
Likewise, the User must complete and/or check the information requested at each step, although, during the purchase process, before making payment, the purchase details may be modified.
Next, the User will receive an email confirming that Bolivar Old Prints Anticuario has received their order or request for purchase and/or provision of the service, that is, the confirmation of the order. And, where applicable, they will also be informed, by email, when their purchase is being shipped.
Once the purchase procedure has concluded, the User consents to the Website generating an electronic invoice that will be sent to the User by email. Likewise, the User may, if they so wish, obtain a copy of their invoice on paper, by requesting it from Bolivar Old Prints Anticuario using the contact spaces of the Website or through the contact details provided above.
The User acknowledges that they are aware, at the time of purchase, of certain particular conditions of sale that concern the product and/or service in question and that are shown alongside the presentation or, where applicable, image thereof on its page of the Website, indicating, by way of example, but not limited to, and according to each case: title, date, price, size, cartographer or author, number of pages, colours, details of the products, or characteristics, manner in which they will be carried out and/or cost of the services; and acknowledges that the placing of the purchase or acquisition order materialises the full and complete acceptance of the particular conditions of sale applicable to each case.
The User also acknowledges that they are aware that many of the pieces offered for sale through the website www.bolivaroldprints.com are uncommon and, therefore, difficult to describe with an absolute degree of certainty. In particular, the attribution of authorship of a piece or its date of publication shall be made, in case of doubt, in accordance with the usual customs of the market. The User acknowledges that they are aware that all the dates indicated in the descriptions of the pieces offered for sale shall be understood as the probable date of printing. The mention of the term “circa” (and its abbreviation “c.”) indicates that Bolivar Old Prints has not been able to determine the probable date of publication and that the date mentioned is only an approximation. As regards the dimensions of the pieces, they shall be understood by default as the dimensions of the full sheets, not of the image area alone. Bolivar Old Prints Anticuario certifies that the description of each piece offered for sale has been made in good faith, in accordance with the ethical rules of the ILAB / LILA (International League of Antiquarian Booksellers).
The communications, purchase orders and payments that take place during the transactions carried out on the Website may be archived and kept in the computerised records of Bolivar Old Prints Anticuario in order to constitute a means of proof of the transactions, in any case, respecting the reasonable security conditions and the laws and regulations in force that are applicable in this respect, and particularly in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the guarantee of digital rights, and with the rights that assist Users in accordance with the privacy policy of this Website.
4. Availability
All purchase orders received by Bolivar Old Prints Anticuario through the Website are subject to the availability of the products and/or to no circumstance or cause of force majeure (clause nine of these Conditions) affecting the supply thereof and/or the provision of the services. Should difficulties arise as regards the supply of products or should no products remain in stock, Bolivar Old Prints Anticuario undertakes to contact the User and refund any amount that may have been paid as the price. This shall be equally applicable in cases where the provision of a service becomes unfeasible.
5. Prices and payment
The prices displayed on the Website are the final ones, in Euros (€) and include taxes, unless, by legal requirement, especially as regards VAT, a different matter is indicated and applied.
Shipping costs are not included in the price of the products: they are calculated and shown separately during the checkout process, depending on the destination and the shipping method selected by the User. As a guide, the shipping costs and estimated delivery times are: Spain, €8 (4 to 7 business days); rest of Europe, €12 (4 to 9 business days); rest of the world, €20 (5 to 15 business days). The User may also choose free collection at the Bolivar Old Prints Anticuario shop. Delivery and/or shipping services are provided through couriers such as UPS or DHL.
In no case shall the Website add additional costs to the price of a product or a service automatically, but only those that the User has selected and chosen voluntarily and freely.
Prices may change at any time, but any changes shall not affect the orders or purchases with respect to which the User has already received an order confirmation.
The accepted means of payment shall be: Credit or debit card and Bizum, both processed securely through the Redsys payment gateway, and Bank transfer.
Bolivar Old Prints Anticuario uses all means to guarantee the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure SSL (Secure Socket Layer) payment system.
Credit cards shall be subject to checks and authorisations by the issuing banking entity; if said entity does not authorise the payment, Bolivar Old Prints Anticuario shall not be responsible for any delay or failure to deliver and shall not be able to formalise any contract with the User.
Once Bolivar Old Prints Anticuario receives the purchase order from the User through the Website, a pre-authorisation will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the moment the shipping confirmation and/or confirmation of the service provided is sent to the User in the manner and, where applicable, place established.
In any case, by clicking on “Pay” the User confirms that the payment method used is theirs.
Purchase or acquisition orders in which the User selects bank transfer as the means of payment shall be reserved for 5 calendar days from the confirmation of the order in order to allow sufficient time for the bank transfer to be taken into account by the payment system used by Bolivar Old Prints Anticuario for the Website. When the system receives the transfer, the order will be prepared and managed for shipping.
By means of this payment method, the User must ensure that they correctly enter the exact amount of the purchase order, as well as the account number and the reference of the transfer. In the event of error, Bolivar Old Prints Anticuario shall not be able to validate the order, which shall be cancelled.
6. Delivery
In cases where it is appropriate to carry out the physical delivery of the contracted good, deliveries shall be made within the scope of the following territory: Worldwide.
Except in those cases in which there are unforeseen or extraordinary circumstances or, where applicable, those derived from the personalisation of the products, the purchase order consisting of the products listed in each purchase confirmation shall be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of confirmation of the order.
If for any reason attributable to it, Bolivar Old Prints Anticuario is unable to comply with the delivery date, it will contact the User to inform them of this circumstance, and the User may choose to proceed with the purchase by establishing a new delivery date or else cancel the order with the full refund of the price paid. In any case, home deliveries are made on working days.
If it proves impossible to make the delivery of the order due to the absence of the User, the order may be returned to the warehouse. Nevertheless, the carrier would leave a notice explaining where the order is and how to have it delivered again.
If the User is not going to be at the place of delivery within the agreed time slot, they must contact Bolivar Old Prints Anticuario to arrange delivery on another day.
In the event that 30 days elapse from when your order is available for delivery, and it has not been delivered for a reason not attributable to Bolivar Old Prints Anticuario, Bolivar Old Prints Anticuario shall understand that the User wishes to withdraw from the contract and it shall be considered terminated. As a consequence of the termination of the contract, all payments received from the User shall be returned to them, with the exception of the additional costs resulting from the User’s own choice of a delivery method different from the least expensive method of ordinary delivery offered by the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is considered terminated.
Nevertheless, the User must bear in mind that the transport derived from the termination may have an additional cost that may be passed on to them.
For the purposes of these Conditions, it shall be understood that delivery has taken place or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires material possession of the products, which shall be evidenced by the signature of the receipt of the order at the agreed delivery address.
The risks that may derive from the products shall be borne by the User from the moment of their delivery. The User acquires ownership of the products when Bolivar Old Prints Anticuario receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or else at the moment of delivery, if this takes place at a moment after the complete receipt of the amount subject to payment by Bolivar Old Prints Anticuario.
In accordance with the provisions of Law 37/1992, of 28 December, on Value Added Tax (VAT), purchase orders for delivery and/or provision shall be understood as located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate shall be that legally in force at each moment depending on the specific item in question.
7. Technical means to correct errors
The User is hereby informed that in the event that they detect that an error has occurred when entering data necessary to process their purchase request on the Website, they may modify them by contacting Bolivar Old Prints Anticuario through the contact spaces enabled on the Website, and, where applicable, through those enabled to contact the customer service department, and/or using the contact details provided in the first clause (General information). Likewise, this information could also be corrected by the User through their personal connection space on the Website.
In any case, the User, before clicking on “Pay”, has access to the space, cart, or basket where their purchase requests are recorded and may make modifications.
In the same way, the User is referred to consult the Legal Notice and General Terms of Use and, specifically, the Privacy Policy to gather more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and in Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the guarantee of digital rights.
8. Returns
In cases where the User acquires products on or through the Website of the owner, they are entitled to a series of rights, as listed and described below:
Right of Withdrawal
The User, as a consumer and user, makes a purchase on the Website and, therefore, is entitled to withdraw from said purchase within a period of 14 calendar days without the need for justification.
This withdrawal period shall expire 14 calendar days from the day that the User or a third party authorised by them, other than the carrier, acquired material possession of the goods acquired on the Website of Bolivar Old Prints Anticuario or, in the event that the goods that make up their order are delivered separately, 14 calendar days from the day that the User or a third party authorised by them, other than the carrier, acquired material possession of the last of those goods that made up a single purchase order, or in the case of a services contract, 14 calendar days from the day of the conclusion of the contract.
To exercise this right of withdrawal, the User must notify their decision to Bolivar Old Prints Anticuario. They may do so, where applicable, through the contact spaces enabled on the Website.
The User, regardless of the means they choose to communicate their decision, must clearly and unequivocally express that it is their intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that Bolivar Old Prints Anticuario makes available to them as an annex to these Conditions; however, its use is not mandatory.
To comply with the withdrawal period, it is sufficient for the communication that unequivocally expresses the decision to withdraw to be sent before the corresponding period expires.
In the event of withdrawal, Bolivar Old Prints Anticuario shall refund to the User all payments received, including shipping costs (with the exception of the additional costs chosen by the User for a shipping method different from the least expensive method offered on the Website) without any undue delay and, in any case, no later than 14 calendar days from the date on which Bolivar Old Prints Anticuario is informed of the decision to withdraw by the User.
Bolivar Old Prints Anticuario shall refund the User using the same payment method that the latter used to make the initial purchase transaction. This refund shall not generate any additional cost to the User. Nevertheless, Bolivar Old Prints Anticuario could withhold said refund until it has received the products or items of the purchase, or until the User presents proof of the return thereof, whichever condition is fulfilled first.
The User may return or send the products to Bolivar Old Prints Anticuario at: Bolivar Old Prints, Rosselló 214 08008 Barcelona
And they must do so without any undue delay and, in any case, no later than within a period of 14 calendar days from the date on which Bolivar Old Prints Anticuario was informed of the decision to withdraw.
The User acknowledges being aware that they must bear the direct cost of returning (transport, delivery) the goods, if any is incurred. In addition, they shall be responsible for the diminished value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.
The User acknowledges being aware that there are exceptions to the right of withdrawal, as set out in Article 103 of Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws. By way of example, and not limited to, this would be the case of: personalised products; products that may deteriorate or expire rapidly; music or video CDs/DVDs without their wrapping, as sealed at the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery; the supply of digital content without a physical medium.
In this same sense, the provision of a service that the User may contract on this Website is governed accordingly, since this same Law establishes that the Right of withdrawal shall not assist Users when the provision of the service has been completely performed, or when it has begun, with the express consent of the consumer and user and with the acknowledgement on their part that they are aware that, once the contract has been completely performed by Bolivar Old Prints Anticuario, they will have lost their right of withdrawal.
In any case, no refund shall be made if the product has been used beyond the mere opening thereof, of products that are not in the same conditions in which they were delivered or that have suffered any damage after delivery.
Likewise, the products must be returned using or including all their original wrappings, the instructions and other documents that may accompany them, in addition to a copy of the purchase invoice.
Return of defective products or error in the shipment
This concerns all those cases in which the User considers that, at the moment of delivery, the product does not conform to what is stipulated in the contract or purchase order, and that, therefore, they must contact Bolivar Old Prints Anticuario immediately and make known to it the existing non-conformity (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).
The User will then be informed about how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period, whether a refund or, where applicable, the replacement thereof is appropriate.
The refund or the replacement of the product shall be carried out as soon as possible and, in any case, within the 14 days following the date on which we send you an email confirming that the refund or replacement of the non-conforming item is appropriate.
The amount paid for those products that are returned due to a defect, when one actually exists, shall be refunded in full, including the delivery costs and the costs that the User may have incurred to make the return. The refund shall be made by the same means of payment that the User used to pay for the purchase.
In any case, the rights recognised in the legislation in force at each moment for the User, as a consumer and user, shall always apply.
Warranties
The User, as a consumer and user, enjoys warranties on the products that they may acquire through this Website, on the terms legally established for each type of product, Bolivar Old Prints Anticuario being liable, therefore, for the lack of conformity thereof that manifests itself within a period of three years from the delivery of the product.
In this sense, it is understood that the products conform to the contract provided that: they match the description made by Bolivar Old Prints Anticuario and possess the qualities presented therein; they are fit for the uses to which products of the same type are ordinarily intended; and they present the quality and performance habitual of a product of the same type and that are fundamentally to be expected of it. When this is not the case with respect to the products delivered to the User, they must proceed as indicated in the section Return of defective products or error in the shipment. Nevertheless, some of the products marketed on the Website could present non-homogeneous characteristics provided that these derive from the type of material with which they have been made, and that will therefore form part of the individual appearance of the product, and will not be a defect.
On the other hand, it could be the case that the User acquires on the Website a product of a brand or manufactured by a third party. In this case, and the User considering it to be a defective product, they also have the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise their legal warranty right directly against them during the three years following the delivery of said products. To do so, the User must have kept all the information in relation to the warranty of the products.
9. Exoneration from liability
Unless otherwise provided by law, Bolivar Old Prints Anticuario shall not accept any liability for the following losses, regardless of their origin:
– any losses that are not attributable to any breach on its part; – losses or damages during courier transport, unless the customer has requested in writing, by email, transport insurance, before shipment; – business losses (including loss of profit, of income, of contracts, of anticipated savings, of data, loss of goodwill or unnecessary expenses incurred); or – any other indirect loss that was not reasonably foreseeable by both parties at the moment in which the contract for the sale and purchase of the products between both parties was formalised.
Likewise, Bolivar Old Prints Anticuario also limits its liability as regards the following cases:
– Bolivar Old Prints Anticuario applies all measures concerning the provision of a faithful display of the product on the Website; however, it is not responsible for the minimal differences or inaccuracies that may exist due to lack of screen resolution, or problems with the browser used or others of this kind. – Bolivar Old Prints Anticuario shall act with the utmost diligence in order to make the product subject to the purchase order available to the company in charge of transport. However, it is not responsible for harm arising from a malfunction of the transport, especially due to causes such as strikes, road blockages, and in general any others typical of the sector, that result in delays, losses or thefts of the product. – Technical failures that, for fortuitous or other reasons, prevent the normal functioning of the service through the internet. Lack of availability of the Website for reasons of maintenance or others, that prevents the service from being available. Bolivar Old Prints Anticuario puts all the means at its disposal in order to carry out the process of purchase, payment and shipping/delivery of the products; nevertheless, it is exempt from liability for causes that are not attributable to it, fortuitous event or force majeure. – Bolivar Old Prints Anticuario shall not be responsible for the misuse and/or wear and tear of the products that have been used by the User. At the same time, Bolivar Old Prints Anticuario shall also not be responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product. – In general, Bolivar Old Prints Anticuario shall not be responsible for any breach or delay in the fulfilment of any of the obligations assumed, when the same is due to events that are outside its reasonable control, that is, that are due to a cause of force majeure, and this may include, by way of example but not limited to: – Strikes, lockouts or other industrial action. – Civil unrest, riot, invasion, terrorist threat or attack, war (declared or not) or threat or preparations for war. – Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster. – Impossibility of using trains, ships, aircraft, motor transport or other means of transport, public or private. – Impossibility of using public or private telecommunications systems. – Acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this way, the obligations shall be suspended during the period in which the cause of force majeure continues, and Bolivar Old Prints Anticuario shall have an extension of the period to fulfil them for a period of time equal to that which the cause of force majeure lasts. Bolivar Old Prints Anticuario shall put all reasonable means to find a solution that allows it to fulfil its obligations despite the cause of force majeure.
10. Written communications and notifications
By using this Website, the User accepts that most of the communications with Bolivar Old Prints Anticuario are electronic (email or notices posted on the Website).
For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that Bolivar Old Prints Anticuario sends electronically comply with the legal requirements of being in writing. This condition shall not affect the rights recognised by law to the User.
The User may send notifications and/or communicate with Bolivar Old Prints Anticuario through the contact details provided in these Conditions and, where applicable, through the contact spaces of the Website.
Likewise, unless otherwise stipulated, Bolivar Old Prints Anticuario may contact and/or notify the User at their email or at the postal address provided.
11. Waiver
No waiver by Bolivar Old Prints Anticuario of a specific legal right or action or the failure by Bolivar Old Prints Anticuario to require strict compliance by the User with any of their obligations shall entail either a waiver of other rights or actions derived from a contract or from the Conditions, nor shall it exonerate the User from compliance with their obligations.
No waiver by Bolivar Old Prints Anticuario of any of these Conditions or of the rights or actions derived from a contract shall take effect, unless it is expressly established that it is a waiver and is formalised and communicated to the User in writing.
12. Invalidity
If any of these Conditions are declared null and void by a final resolution issued by a competent authority, the remaining clauses shall remain in force, without being affected by said declaration of invalidity.
13. Entire agreement
These Conditions and any document expressly referred to herein constitute the entire agreement existing between the User and Bolivar Old Prints Anticuario in relation to the subject matter of the sale and purchase and supersede any other prior pact, agreement or promise agreed verbally or in writing by the same parties.
The User and Bolivar Old Prints Anticuario acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for that which is expressly mentioned in these Conditions.
14. Data protection
The information or personal data that the User provides to Bolivar Old Prints Anticuario in the course of a transaction on the Website shall be processed in accordance with the provisions of the Privacy or Data Protection Policy (contained, where applicable, in the Legal Notice and General Terms of Use). By accessing, navigating and/or using the Website the User consents to the processing of said information and data and declares that all the information or data they provide are truthful.
15. Applicable legislation and jurisdiction
Access to, navigation through and/or use of this Website and the contracts for the purchase of products through it shall be governed by Spanish legislation.
Any dispute, problem or disagreement that arises or is related to the access, navigation and/or use of the Website, or to the interpretation and execution of these Conditions, or to the sales contracts between Bolivar Old Prints Anticuario and the User, shall be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
16. Complaints and claims
The User may make their complaints, claims or any other comment they wish to make reach Bolivar Old Prints Anticuario through the contact details provided at the beginning of these Conditions (General Information).
In addition, Bolivar Old Prints Anticuario has official complaint forms available to consumers and users, which they may request from Bolivar Old Prints Anticuario at any time, using the contact details provided at the beginning of these Conditions (General Information).
Likewise, if a dispute arises from the conclusion of this purchase contract between Bolivar Old Prints Anticuario and the User, the User as a consumer may request an out-of-court settlement of disputes, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council, of 21 May 2013, on online dispute resolution for consumer disputes and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You may access this method through the following website: https://ec.europa.eu/consumers/odr/.
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