Conditions and terms of us

TERMS AND CONDITIONS

PURCHASE AND USE CONDITIONS

INTRODUCTION

This document (as well as the rest of the documents related to it) establishes the conditions of use and purchase of products, the limitations of liability and the obligations (hereinafter, Terms of Service) that govern this website, published under the domain name www.agnesrodon.com, and that the user assumes and agrees to respect. If the user has any questions related to the Terms of Service or the Privacy Policy, they can contact AGNÈS RODON by means of the contact channels established below, in any of the languages in which the conditions are available on this website.

The aforementioned Terms of Service are limited to the activity carried out by AGNÈS RODON on this Website, which is the sale of goods and, more specifically, the sale of artistic products.

You must carefully read these Terms of Service, Legal Notice and Privacy Policybefore accessing, browsing and/or using this website.

By using this website and/or requesting the purchase of a product by means of it, the user agrees to be bound by the aforementioned Terms of Service and by the Privacy Policy. In case the user does not agree with all the Terms of Service and with the Privacy Policy referred to here, they should not use this website.

These Terms of Service are subject to modification. In any case, it is the responsibility of the user to consult them each time they access, navigate or use this website, being applicable those that are in force at any time when they request any of the products offered. In case of doubts about the Terms of Service, the user can always contact AGNÈS RODON by means of any of the ways provided below in this document.

GENERAL INFORMATION

In compliance with the duty of information stipulated in article 10 of the Law 34/2002 of 11 July, on Information Society Services and Electronic Commerce, it is hereby stated that the ownership of this website, www.agnesrodon.com, is held by:

Corporate name: AGNÈS RODON GALCERAN

Registered office: Calle Sagunt, 146 - 08912 - Badalona (Spain)

Tax identification number: 46521730 K

Email address: agnesrodon@gmail.com

THE USER AND THE USE OF THIS WEBSITE

The access, navigation and use of this website confer the condition of user, for which reason, from the beginning of the corresponding navigation within this website, all the Terms of Service established in this document, as well as the subsequent modifications that may be applied, are accepted. All this without prejudice to the application of the corresponding legal regulations applicable in each case.

The user assumes responsibility for the correct use of this website and for placing orders by means of it. This responsibility commits the user to:

Use this website only to make legally valid inquiries or purchases.
Do not make any type of false or fraudulent purchase. In the event that the purchase can be classified as such, AGNÈS RODON will be authorised to cancel it and inform the relevant authorities.
Provide contact information (email address, postal address and/or other contact information) which is truthful, accurate and lawful. If the user does not provide all the necessary information, unfortunately, it will be impossible to process their order. In the same way, the user consents that AGNÈS RODON can make use of said information to contact the user if necessary (see the Privacy Policy).

In any case, when placing an order using this website, the user declares that they are over 18 years of age and have full legal capacity to conclude contracts by means of this website.

The website is legally established in Spain. For this reason, AGNÈS RODON is not responsible for the website complying, totally or partially, with the laws of other countries.

The user, at their choice, may formalise with AGNÈS RODON the contract of sale of the desired products and/or services in any of the languages in which these Terms of Service are described on this website.

If the user does not agree with the clauses and conditions of use set forth herein, they will refrain from using this website.

Viruses, piracy and other computer attacks

The user must not make improper use of this website with the intentional introduction of viruses, Trojans, worms, logic bombs or any other program or material that is technologically harmful. The user will not try to have unauthorised access to this website, to the server on which said page is hosted or to any server, computer or database related to this website. The user agrees not to attack this website with a denial of service attack or a distributed denial of service attack. Failure to comply with this clause could lead to the commission of offenses typified by the applicable regulations. AGÈNS RODON will report any breach of said regulations to the competent authorities and will cooperate with them to discover the identity of the attacker. Likewise, in case of breach of this clause, the user will immediately cease to be authorised to use this website. AGNÈS RODON will not be responsible for any damage or loss resulting from a denial of service attack, virus or any other technologically harmful program or material that may affect the user's computer, computer equipment, data or materials as a consequence of the use of this website or the download of content from it or to which it redirects.

PURCHASING PROCESS

Service availability

The articles offered on this website are available for shipment worldwide, although AGNÈS RODON reserves the right to exclude the countries that she deems appropriate.

How to order

To buy on this website, the user must follow the online purchase procedure proposed at www.agnesrodon.com, during which the products can be selected and added to the cart, basket or final purchase space to, finally, make a valid purchase.

The user will have at his disposal, before the moment of the purchase, the characteristics of the product (such as name, price or product details), as well as the particular conditions of sale that concern the product in question. In this way, the user will have to take into account the information provided on this website before starting the purchase procedure, acknowledging that the completion of the purchase order materialises the full and complete acceptance of the particular sales terms applicable to each case.

Once the user has selected all the items they want to buy, these will have been added to their cart and the next step will be to process the order and make the payment. During this process, the user must follow the steps of the purchase process, filling in, completing and checking the information that is requested at each step. The user will have the possibility, during the entire purchase process before making the payment, to modify the purchase data.

After this, the user will receive an email, the order confirmation, confirming that AGNES RODON has received their purchase or order request. In the same way, the user will be informed, via another email, when their purchase is being sent: the shipping confirmation. In addition, this information may be made available to the user by means of their personal connection space to the website.

After the completion of the purchase process, an electronic invoice will be generated, and this will be sent to the user by email and/or by means of their personal connection space to the website. At any time, the user can indicate their willingness to receive a copy of their paper invoice, requesting it from AGNÈS RODON via the contact form on this website or via the email address agnesrodon@gmail.com. In that case, AGNÈS RODON will proceed to issue and send the user the invoice in said format.

AGNÈS RODON may file and keep in her computerised records the communications, purchase orders and payments that intervene during the transactions carried out on this website, in order to establish a means of proof of transactions, respecting the reasonable conditions of security, laws and current regulations that apply to it (in particular the GDPR and LISSEC).

Availability of the products

All purchase orders received by AGNÈS RODON via this website are subject to the availability of the products and/or that no circumstance or force majeure (see the Refund Policy on this website) affects the supply of said products and/or the provision of the service. If there are difficulties regarding the supply of products, the provision of a service becomes unfeasible or if there are no products in stock, AGNÈS RODON commits to contacting the user and refunding any amount that might have been paid.

Payment method and prices

The prices shown on the website are the final ones, including, where appropriate, taxes, unless by legal requirement (especially in relation to VAT) it is indicated differently. Similarly, shipping costs will be added to the total amount and may vary depending on the territory in which the order delivery address is located.

With the payment of the shipping fee required by this website at the time of purchase completion, the shipping costs are covered, but not the customs management (SAD), nor the taxes that the import requires in each case, for all those shipments that require customs management and import tax payments, of which the recipient must respond at the time of delivery.

Prices may be subject to variations, but (except as stated above) possible changes will not affect orders for which we have already sent you an order confirmation.

The user may use any payment method of those enabled on the website: credit card, virtual card, PayPal.

Each of the enabled payment methods will be subject to specific checks and authorisations by the issuing entity. If said entity does not authorise payment, AGNÈS RODON will not be responsible for any delay or failure to deliver and may not formalise any contract with the user.

The charge in the selected payment method will be made at the time the confirmation of the requested order is sent to the user.

Delivery

The physical deliveries of the products will be made in the territorial area for which the shipping service has been enabled on our website, which, with possible exceptions, will be worldwide.

AGNÈS RODON performs delivery services, both nationally and internationally, by means of courier companies.

Unless unforeseen or extraordinary circumstances occur or, where appropriate, circumstances arising from the personalisation of the products, the order consisting of the related products in each shipping confirmation selected by the user will be delivered within a period of 7 to 10 working days for all destinations from the day the user receives the purchase confirmation, although the service can be provided within 28 days after the order confirmation.

If for any reason attributable to AGNÈS RODON, the delivery date could not be met, the user will be informed of this circumstance and he may choose to proceed with the purchase by establishing a new delivery date or cancel the order with a full refund of the price paid.

The user will take into account that, in any case, home deliveries will be made exclusively on business days, being excluded on Saturdays, Sundays and public holidays.

For the purposes of these Terms of Service, it will be understood that the delivery has occurred or that the order has been delivered at the moment in which the user or a third party indicated by him acquires the material possession of the products, which will be proven by means of the signature of the receipt of the order at the agreed delivery address.

Impossibility of delivery

If it is impossible to deliver your order due to the absence of the user, we will try to find a safe place to leave it. If it is not possible to find a safe place, your order will be returned to the warehouse. However, the carrier will leave a notice explaining to the user where their order is located and how to get it delivered again.

If the user is not going to be at the place of delivery in the agreed time slot, he must contact AGNÈS RODON to arrange delivery on another day. In the event that 15 days after their order is available for delivery, the order has not been delivered for a reason not attributable to AGNÈS RODON, it will be understood that the user wishes to withdraw from the contract and it will be considered terminated.

As a consequence of the termination of the contract, AGNÈS RODON will return all payments received from the user, including delivery costs, without any undue delay and, in any case, within a maximum period of 14 days from the date on which the contract is considered terminated. However, the user must take into account that the transport derived from the termination may have an additional cost, so AGNÈS RODON will be authorised to pass it on to the user.

Transmisión del riesgo y la propiedad

From the moment of delivery, the risks that may arise from the products will be borne by the user. The user will acquire ownership of the products when AGNÈS RODON receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery (according to the definition contained in the previous clause called "Delivery"), if it were to take place at a later time than the full receipt of the amount paid by AGNÈS RODON.

Technical means to correct errors

The user is made aware that if they detect that an error has occurred when entering the data necessary to process their purchase request on this website, they may modify them by contacting AGNÈS RODON via the contact spaces enabled on this website and/or using the contact information provided at the beginning of this document, under the heading “General Information”. Likewise, this information could also be corrected by the user using their personal connection space to the website.

In any case, the user, before clicking on “finalise purchase”, has access to the space, cart, or basket where their purchase requests are written down and can make modifications. Similarly, the user is referred to consult the Legal Notice and Privacy Policy of this website to obtain more information on how to exercise their right of rectification as established in the 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 (from now on, GDPR), as well as Organic Law 3/2018, of 5 of December, on Personal Data Protection and Guarantee of Digital Rights.

In the event that the user detects that an error has occurred when entering their personal data during your registration as a user of this website, they can modify these data in the "My Account" section or in the "User Profile" section.

In any case, the user can correct errors related to the personal data provided during the purchase process, as well as exercise the right of rectification contemplated in the Privacy Policy, via the email agnesrodon@gmail.com or the contact form of this website.

This website displays confirmation windows in various sections of the purchase process that do not allow you to proceed with the order if the data in these sections have not been provided correctly.

Likewise, this website offers the details of all the items that the user has added to their basket during the purchase process, so that, before making the payment, they can modify the details of their order.

If the user detects an error in their order after the completion of the payment process, they must immediately contact AGNES RODON to correct the error, via the email address agnesrodon@gmail.com or the contact form on this website.

Value Added Tax and billing

In accordance with the provisions of article 68 of Law 37/1992 of 28 December, on Value Added Tax (VAT), the delivery of purchase orders will be understood as located in the territory of application of Spanish VAT if the delivery address is in Spanish territory (except the Canary Islands, Ceuta and Melilla) and in any territory of the European Union.

The applicable VAT rate will be the one legally in force at the time depending on the specific article in question.

In orders to the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and tariffs in accordance with current regulations in each of these territories.

The user expressly authorises AGNÈS RODON to issue the invoice in electronic format, although they may indicate at any time their willingness to receive a paper invoice, in which case, the invoice will be issued and sent in said format.

WRITTEN COMMUNICATIONS AND NOTIFICATIONS

The applicable regulations require that part of the information or communications that are sent to the user be in writing. By using this website, the user accepts that most of said communications with AGNÈS RODON are electronic (either via email or by means of notices published on this website).

For contractual purposes, the user agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that AGNÈS RODON sends them electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognised by law to the user. Thus, unless otherwise stated, AGNÈS RODON may contact and/or notify the user in their email or the postal address provided when placing an order.

Notifications

The notifications that the user sends to AGNÈS RODON must be sent via the email address agnesrodon@gmail.com or the contact form on this website.

It will be understood that the notifications have been received and have been correctly made at the same time in which the user is notified.

RENUNCIATION

No renunciation of AGNÈS RODON to a specific right or legal action, or the lack of requirement by AGNÈS RODON of the strict compliance by the user with any of their obligations, will mean neither a renunciation to other rights or actions derived from a contract or from the Terms of Service, nor will it exonerate the user from the fulfillment of their obligations.

No renunciation by AGNÈS RODON to any of these Terms of Service or to the rights or actions derived from a contract will take effect unless it is expressly established that it is a resignation and it is formalised and communicated to the user in writing in accordance with the provisions of the previous Notifications section.

PARTIAL NULLITY

If any of these Terms of Service or any provision of a contract were declared null and void by a final resolution issued by the competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.

FULL AGREEMENT

These Terms of Service and any document to which express reference is made therein constitute the entire agreement existing between the user and AGNÈS RODON in relation to the object of trade and replace any other pact, agreement or previous promise agreed verbally or in writing between both parties.

The user and AGNÈS RODON acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations entered into by the two parties before said contract, except as stated expressly mentioned in the present Terms of Service document.

Neither the user nor AGNÈS RODON will take any action against any uncertain statement made by the other party, verbal or written, prior to the date of a contract (unless such uncertain statement had been made fraudulently) and the only action that the other party will have will be for breach of contract in accordance with the provisions of these Terms of Service.

DATA PROTECTION

The information or personal data that the user provides to AGNÈS RODON in the course of a transaction on this website will be treated in accordance with the provisions of the Privacy Policy. By accessing, browsing and/or using this website, the user consents to the processing of said information and data and declares that all the information or data provided is true.

APPLICABLE LEGISLATION AND JURISDICTION

The use of this website and the contracts for the purchase of products by means of it will be governed by the Spanish law.

Any controversy that arises or is related to the access, navigation and/or use of this website or with said contracts will be submitted to the non-exclusive jurisdiction of the Spanish courts. If the user is contracting as a consumer, nothing in this clause will affect their rights recognised by current legislation.

COMPLAINTS AND CLAIMS

The user can send to AGNÈS RODON their complaints, claims or any other comment that they wish to make using the means of contact already mentioned previously (via the email agnesrodon@gmail.com or by means of the contact form on this website).

Furthermore, AGNÈS RODON offers the user the link from which to download the official claim form:

http://consum.gencat.cat/web/.content/99_EMPRESES/requisits_obligatoris/obligacions/doc_59629304_1.pdf.

The aforementioned form can also be requested from AGNÈS RODON at any time, using the contact information provided at the beginning of this document, under the heading General Information.

Likewise, if a controversy arises from the conclusion of this purchase contract between AGNÈS RODON and the user, the user, as a consumer, may request an out-of-court settlement of disputes, in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 21 May 2013, on Online Dispute Resolution for Consumer Disputes. This method can be accessed on the website: http://ec.europa.eu/consumers/odr/.

INDUSTRIAL AND INTELLECTUAL PROPERTY

The user acknowledges and consents that all the industrial and intellectual property rights over the products that are marketed on this website, as well as the rest of the materials or contents that are incorporated as part of this website, correspond at all times to AGNÈS RODON, all copyright being reserved by international intellectual property laws and treaties. Its copy, reproduction or diffusion, total or partial, by any means, is expressly prohibited.

Any use not previously authorised by AGNÈS RODON will be considered a serious breach of her intellectual or industrial property rights and will give rise to the legally established responsibilities.

The user may use said material only in the manner expressly authorised by AGNÈS RODON. This will not prevent the use of this website to the extent necessary to copy the information on orders or contact information.

The user agrees not to remove, delete, alter, manipulate or in any way modify:

- Those notes, legends, indications or symbols that AGNÈS RODON incorporates into her properties regarding intellectual or industrial property (such as, copyright, ©, ® and ™, etc.).

- The technical protection or identification devices that the property may contain (such as, for example, watermarks, fingerprints, etc.).

The user is not authorised to copy, distribute (including emails and the Internet), transmit, communicate, modify, alter, transform, transfer or, in any other way, carry out activities that involve the commercial use of the elements subject to copyright, either partially or totally, without stating the express consent, given in writing, of AGNÈS RODON as the legitimate owner of the use rights.

Access and use will always and in any case be for strictly personal and non-commercial purposes.

AGNÈS RODON reserves all the rights that correspond to her, including but not limited to, all the intellectual and industrial property rights that she holds over all the elements of her property.

AGNÈS RODON does not grant the user any other license or authorisation of use on any of the elements of her property other than that expressly detailed in this clause. AGNÈS RODON reserves the right to terminate or modify, at any time and for any reason, the licenses granted under these Terms of Service.

Notwithstanding this, AGNÈS RODON may take legal action against any use by the user that: - is not in accordance with the terms and conditions specified here; - infringes or violates the intellectual and industrial property rights or other analogous ones of AGNÈS RODON or of any other legitimate third-party owner; - or violates any applicable regulations.

RIGHT TO MODIFY THESE TERMS OF SERVICE

AGNÈS RODON reserves the right to modify the Terms of Service. In the same way, the substantial changes made in them will be reported. The modifications introduced will not be retroactive and, save possible exceptions depending on the specific case, they will be applicable after one day from the date of their publication in the corresponding notice. It is recommended not to use this website if the user does not agree with the modifications introduced in it.

QUALITY OF THE WEBSITE

Given the dynamic and changing environment of the information and services provided by means of this website, AGNÈS RODON makes its best effort but does not guarantee the complete truthfulness, accuracy, reliability, usefulness and/or timeliness of the contents.

The information contained in this website is only informative, advisory, informative and advertising. In no case does it offer or has the character of a binding or contractual commitment.

AGNÈS RODON excludes all liability for the decisions that the user may make based on this information, as well as for possible typographical errors that the documents and graphics on this website may contain. The information is subject to possible periodic changes without prior notice of its content due to expansion, improvement, correction or updating of the contents.

CONTENT AVAILABILITY

The provision of the service of this website and the content has, in principle, an indefinite duration. AGNÈS RODON, however, is authorised to terminate or suspend the provision of the service of this website and/or of any of the contents at any time. When it is reasonably possible, AGNÈS RODON will previously warn of the termination or suspension of this website.

JURISDICTION

For all questions that arise about the interpretation, application and compliance of these Terms of Service, as well as the claims that may arise from its use, all the parties involved submit to the Judges and Courts of Lleida, expressly renouncing any other jurisdiction that could correspond to them.

PRIVACY POLICY

AGNÈS RODON is aware of the importance of data protection, as well as user privacy, and for this reason, a data processing policy has been implemented, aiming at providing maximum security in the use and collection of data, guaranteeing compliance of the current regulations on the matter and configuring said policy as one of her basic pillars in the lines of action.

Person responsible for the treatment of the data of the users

The person responsible for the treatment of the data of the users of www.agnesrodon.com is:

AGNÈS RODON GALCERAN

Tax identification number: 46521730 K

Address: Calle Sagunt 146, 08912– Badalona (Spain)

Email address: agnesrodon@gmail.com.

Compliance with applicable regulations

This privacy policy complies with the guidelines of current Spanish and European regulations on the protection of personal data on the internet. Specifically, it respects and complies with the following regulations:

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 (from now on, GDPR).

Royal Decree 1720/2007 of 21 December, which approves the Regulation implementing Organic Law 15/1999 of 13 December, on the Protection of Personal Data. (from now on, RDOLDP).

Law 34/2002 of 11 July, on Information Society Services and Electronic Commerce (from now on, LISSEC), so that the user will be asked to consent to the processing of their email for commercial purposes in each moment.

Registration and purpose of the personal data collected and consent to their processing

In accordance with the provisions of article 5 of the General Data Protection Regulation -Regulation (EU) 2016/679-, the user is informed that the personal data collected by AGNÈS RODON through the forms on this website, as well as those data derived from its browsing, will be treated responsibly, based on their consent and with the sole purpose of being able to facilitate, streamline and fulfil the commitments established between AGNÈS RODON and the user, or the maintenance of the relationship established in the forms that the user fills in (such as newsletters or other communications that AGNÈS RODON considers as being interesting for users of the website), or to attend to a request or enquiry of the user.

The categories of data that are treated on this website are only identifying data. In no case, special categories of personal data are processed within the meaning of article 9 of the GDPR.

Only the owner will have access to their data, and under no circumstances will this data be ceded, shared, transferred, or sold to third parties, nor is the international transfer of data planned. In any case, at the time the personal data is obtained, the user will be informed about the recipients or categories of recipients of the personal data.

In addition, personal data will be kept only for the period of time established by current legislation.

The acceptance of the privacy policy, through the established double opt-in procedure, will be understood for all intents and purposes as the provision of express and unequivocal consent –under the European Regulation 679/2016 GDPR– of the user to the processing of personal data in the terms set forth in this document, as well as the international transfer of data that occurs, exclusively due to the physical location of the facilities of service providers and data processors.

In the event that the user provides their data through an email, it will be part of a file the purpose of which will be to manage the request or comment made by the user, with the rest of the points indicated in the previous paragraph being applicable.

Personal data of minors

Respecting the provisions of articles 8 of the GDPR and 13 of the RDOLDP, only those over 14 years of age may grant their consent for the processing of their personal data in a lawful manner by AGNÈS RODON. If it is a minor under 14 years of age, the consent of the parents or guardians will be necessary for the processing, and this will only be considered lawful to the extent that they have authorised it.

Retention periods of personal data

Personal data will be retained until the user requests their deletion.

When the personal data are obtained, the user will be informed about the period during which the personal data will be kept or, when this is not possible, the criteria used to determine this term.

Exercise of data protection rights

The user can exercise the rights of access, rectification, cancellation, opposition, limitation and portability (ARCO rights) over the processing of their personal data, addressing a written communication to the registered office of AGNÈS RODON (Calle Sagunt, 146, 08912, Badalona, Spain) or to the email address agnesrodon@gmail.com. The user can also exercise the protection of their rights before the control authority, which in Spain is the Spanish Agency for Data Protection (www.agpd.es). In every case, the user will have to include a photocopy of their ID or another document that confirms their identity, with which to sign the communication in which they exercise the appropriate right.

Security measures

AGNÈS RODON informs the user of the implementation of the necessary security measures to guarantee the security of the personal data that the interested parties may facilitate as a result of accessing the different sections of www.agnesrodon.com, all in accordance with the provisions of Article 9 of the LOPD and Title VIII of the RDOLDP.

Likewise, AGNÈS RODON has established supervision, control and evaluation measures to reinforce the confidentiality and integrity of the information obtained to ensure respect for the privacy of the user's data.

Hyperlinks from this website

In the event that this website contains links to other websites and materials of third parties, these links are provided for informational purposes only, without AGNÈS RODON having any control over the content of said websites or materials. Please, before providing any personal information to these non-AGNÈS RODON websites, please note that AGNÈS RODON does not guarantee, nor is she responsible for the legality, reliability, usefulness, veracity and updating of the content of such websites or their privacy practices, which may differ from those specified here. Therefore, AGNÈS RODON accepts no responsibility for any damage or loss arising from its use.

Likewise, those who intend to establish hyperlinks between their website and www.agnesrodon.com must observe and comply with the following conditions:

Prior authorisation will not be necessary when the hyperlink only allows access to the home page, but it cannot be reproduced in any way. Any other form of hyperlink will require the express and unequivocal written authorisation of AGNÈS RODON.
No frames will be created with the web pages or on the web pages of AGNÈS RODON.
No false, inaccurate, or offensive statements or indications will be made about AGNÈS RODON, its employees or collaborators, or the people related to the website for any reason, or the users of this page, or the contents provided.
It will not be declared or implied that AGNÈS RODON has authorised the hyperlink or that she has supervised or accepted responsibility in any way for the contents offered or made available on the web page where the hyperlink is established.
The web page in which the hyperlink is established may only contain what is strictly necessary to identify the destination of the hyperlink.
The web page in which the hyperlink is established will not contain illicit information or content, contrary to morality and generally accepted good customs and public order, nor will it contain content contrary to rights of any third party.

Principles applicable to the processing of personal data

The processing of the user's personal data will be subject to the following principles set forth in article 5 of the GDPR:

Principle of legality, loyalty and transparency: the user's consent will be required at all times after completely transparent information on the purposes for which the personal data is collected.

Principle of limitation of purpose: personal data will be collected for specific, explicit and legitimate purposes.

Principle of minimisation of data: the personal data collected will only be those strictly necessary in relation to the purposes for which these are processed.

Principle of accuracy: personal data must be exact and always updated.

Principle of limitation of the period of conservation: personal data will only be kept in such a way that the identification of the user is allowed for the time necessary for the purposes of its treatment.

Principle of integrity and confidentiality: personal data will be treated in a way that guarantees its security and confidentiality.

Proactive liability principle: the data controller will be responsible for ensuring that the above principles are met.

Legal basis for the processing of personal data

The legal basis for the processing of personal data is consent. AGNÈS RODON commits to obtain the express and verifiable consent of the user for the processing of their personal data for one or more specific purposes.

The user will have the right to withdraw their consent at any time. It will be as easy to withdraw such consent as it will be to give it. As a general rule, the withdrawal of consent will not condition the use of the website.

On the occasions when the user must or can provide their data through forms to make inquiries, request information or for reasons related to the content of the website, they will be informed in case the completion of any of them is mandatory because they are essential for the correct development of the operation carried out.

User’s data and their visits to this website

The information or personal data that the user provides to this website will be treated in accordance with the provisions of the data protection policies.

By using this website, the user consents to the processing of said information and data and declares that all the information or data they provide this website with are true and correspond to reality.

COOKIES POLICY

Access to www.agnesrodon.com may involve the use of cookies. Cookies are small amounts of information that are stored in the browser used by each user -in the different devices that can be used to navigate- so that the server remembers certain information that will subsequently be read only by the server that implemented it.

Cookies allow a website, among other things, to store and retrieve information about the browsing habits of a user or his team (such as the date and time of visits to the website, the pages viewed, the time that has been on the website and the pages visited just before and after) and, depending on the information that these contain and the way the equipment is used, they can be used to recognise the user. The user's browser memorises cookies on the hard disk only during the current session, occupying a minimum memory space and without harming the computer. Cookies do not contain any kind of specific personal information, and most of them are deleted from the hard drive at the end of the browser session. Therefore, no cookie can extract information from the user's hard drive or steal personal information, no cookie allows connection to the user's phone number or any other means of personal contact. The only way for a user's private information to be part of the cookie file is that the user personally gives that information to the server.

In conclusion, cookies facilitate and improve the browsing experience and, in no way, harm the navigation device.

Cookies, in so far as they allow the identification of a person, are considered personal data. Therefore, the privacy policy previously described in this link will also be applied to cookies. Thus, for their use on this website, each user will need to communicate their consent, based on an authentic choice, through an affirmative and positive response, and always before the initial, removable and documented processing.

First-party cookies and third-party cookies

First-party cookies are those that are sent to the user's computer or device and managed exclusively by AGNÈS RODON for the best functioning of www.agnesrodon.com. The information collected will be used to improve the quality of this website, its content and the user experience. These cookies allow each user to be recognised as a recurring visitor to this website in order to offer content that meets their preferences.

The cookies used and managed by external entities, the so-called third-party cookies, provide services to improve this website and the user experience when browsing it. The main objectives for which third-party cookies are used are to obtain access statistics and analyse browsing information, that is, how each user interacts with the website.

The information obtained refers, for example, to the number of pages visited, the language, the place to which the IP address from which the user accesses, the number of users accessing, the frequency and recurrence of visits, the visit time, the browser they use, the operator or type of device from which the visit is made. This information is used to improve this website, and to detect new needs to offer all its users an optimal quality content and/or service. In any case, the information is collected anonymously and trend reports are prepared from the website without identifying individual users.

The information obtained refers, for example, to the number of pages visited, the language, the geolocation of the user through the IP address used in their connection, the number of users who access, the frequency and recurrence of visits, the visit time, the browser they use, the operator or type of device from which the visit is made. All this information is collected anonymously, without identifying individual users, and helps to offer more appropriate content and services to each user. In any case, the information is collected anonymously and trend reports are prepared from the website without identifying individual users.

Google Analytics

This website uses Google Analytics.

This website uses Google Analytics to track and statistically analyse the users who access this website. These cookies do not identify the user or save their private data, but only collect information, anonymously, from the navigation that users do (for example, the type of browser used, the language settings, the operating system, the screen resolution, the number of times a user visits a website, the dates of the user's first and last visit, the duration of the visits, the page from which the user accessed the web, the search engine the user used to reach the web or the link they clicked on, the place in the world from which the user accessed the website, etc.) making said information available to AGNÈS RODON for statistical monitoring.

The configuration of these cookies is predetermined by the service offered by Google, so the user is suggested to consult the privacy page of Google Analytics, https://support.google.com/analytics/answer/6004245?hl=en, to obtain more information about the cookies you use and how to disable them (bearing in mind that AGNÈS RODON is not responsible for the content or veracity of third-party websites).

Social media cookies

This website allows access to various social networks through the plug-ins that incorporated in it. For this reason, social network cookies can be stored in the user's browser. The owners of these social networks have their own data protection and cookie policies, being in each case responsible for their own files and their own privacy practices.

To find out about these cookies and how personal data is processed, the user must directly address the owners of these social networks. For information purposes, I indicate below links where you can consult these privacy and/or cookie policies:

Facebook: https://www.facebook.com/policies/cookies/

Twitter: https://twitter.com/privacy

Instagram: https://help.instagram.com/1896641480634370?ref=ig

Disable, reject and delete cookies

The user can, at any time, disable, reject and delete the cookies -totally or partially- installed on their device through their browser settings. The procedure for rejecting and deleting cookies may differ from one internet browser to another, so the user should turn to the instructions provided by the internet browser that they are using.

Although the rejection of cookies -total or partial- does not prevent the continued use of this website, the truth is that it may imply a limitation in the use of some of its features.

Updating of the cookie policy

The cookies policy of this website may be subject to updates or modifications, so it is recommended that the users review this policy each time they access www.agnesrodon.com in order to be adequately informed about how and why cookies are used.

ACCEPTANCE AND CHANGES IN THIS PRIVACY POLICY

It is necessary that the user has read and agrees with the conditions on the protection of personal data contained in this privacy and cookies policy, as well as that they accept the processing of their personal data so that the data controller can proceed to said processing in the indicated form, term and purpose.

This privacy and cookies policy was updated to adapt to 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).

MODIFICATION OF THE LEGAL NOTICE

AGNÈS RODOn reserves the right to carry out, at any time and without the need for prior notice, modifications and updates to the information contained on this website, its configuration and design and this legal notice, as well as any other particular conditions, always in order to improve the performance of the website. Therefore, the user must read the legal notice on each and every occasion they access the website.

LEGAL NOTICE

In compliance with the duty of information stipulated in article 10 of the Act 34/2002 of 11 July on Information Society Services and Electronic Commerce, it is hereby stated that the ownership of this website, www.agnesrodon.com, is held by:

Corporate name: AGNÈS RODON GALCERAN

Registered office: Calle Sagunt, 146, 08912 Badalona (Spain)

Tax identification number: 46521730 K

Email address: agnesrodon@gmail.com

SHIPPING POLICY

NTRODUCTION

The following are the terms and conditions that constitute the Shipping Policy of this website.

HANDLING TIME

All orders are normally processed within 2-3 business days. Orders are not shipped or delivered on weekends or public holidays.

All orders are delivered wrapped with tissue paper and protected inside a cardboard tube for receipt in perfect condition.

SHIPPING

The shipment will be carried out safely and with quality through a courier company that offers worldwide coverage.

SHIPPING RATES

Shipping rates will vary depending on the country where the buyer resides and will be notified to the user before completing the payment process. So:

Shipping of orders to Spain Peninsula is free

Standard shipping rate Baleares, Canarias, Ceuta, Melilla and Portugal: 6€

Standard shipping rate Europe 01: 12€

Standard shipping rate Europe 02: 25€

Standard shipping rate UK, USA and Canada: 20€

Standard shipping rate Africa, America, Asia, Australia: 35€

DELIVERY ESTIMATE (SHIPPING TIME)

The delivery of products will be effective within a period of 7 to 10 business days for all destinations from the day the purchase confirmation is received, although the service can be provided within 28 days after the online purchase.

Please note that every order will be shipped as fast as possible. In any case, If you require your order by a certain date please leave a note at the cart (“Add Order Note”) or contact AGNES RODON via agnesrodon@gmail.com and everything possible will be done to meet your requirements.

The shipping cost will be calculated in the purchase process. The user will be informed, before making the payment, of the rate that corresponds to them according to the postal address of delivery of the order that they have indicated.

CUSTOMS DUTIES AND TAXES

AGNÈS RODON is not responsible for any customs and taxes applied to your order. All fees imposed during or after shipping are the responsibility of the customer (tariffs, taxes, etc.).

PAYMENT METHODS

This website accepts payments with the following methods: credit card, debit card.

SHIPMENT CONFIRMATION AND ORDER TRACKING

The user will receive an email confirming their purchase (shipment confirmation). Once their order is being shipped they will receive an email again, this time informing them that their order has already been delivered to the courier service (shipment confirmation) and also providing them with the order tracking number.

This tracking number will be active within 24 hours.

QUERIES AND CHANGES IN ORDER SHIPMENT

If the order is not received within the stipulated period, or the user wants to make any query or change regarding the shipment of their order, they can communicate it via the email address agnesrodon@gmail.com or using the contact form on this web page.

In any of the cases, the user must indicate the order number.

RECEIPT OF THE ORDER. DAMAGES

The user must examine the package thoroughly and verify that it is in perfect condition in the presence of the carrier before signing the delivery note. In case of evidence of any damage to the packaging, the user must not accept the product or sign the receipt document. If, on the contrary, the user signs without reviewing the order, they will lose the right to claim.

AGNÈS ÈRODON is not liable for any products damaged or lost during shipping. If the user received their order damaged, they will have to contact the shipment carrier to file a claim.

Please save all packaging materials and damaged goods before filing a claim.

REFUND POLICY

A. Prints and limited editions

If, for any reason, the user is dissatisfied with the product received, or the order does not conform to what is stipulated in the contract, they can request a refund within 14 days of their purchase. To do this, the user will need to access the Refund Policy on this web page, which provides detailed information about options and procedures for returning the order.

Claims received within 15 days of receipt of the shipment will not be accepted.

B. Original artworks

AGNÈS RODON does not accept changes or refunds in acquisitions of original artworks.

The refund of the amount will only be applied if the original artwork purchased arrives damaged and the claim is made within 24 hours of receiving the shipment. Claims made after 24 hours of receiving the order will not be accepted.

If a client receives a damaged work, they should immediately contact AGNÈS RODON through the contact form or the e-mail address agnesrodon@gmail.com, indicating details of their order and including photographs of the damage. In the event that Agnès Rodon confirms that the original artwork is damaged, the client must repackage it, always in the same protection and packaging conditions used by Agnès Rodon in the original shipment, including in it both the certificate of authenticity and the delivery note corresponding to the artwork acquired.

AGNÈS RODON reserves the right to make refunds of the amount of her original artworks upon previous delivery of the original work by the client.

REFUND POLICY

In the cases in which the user purchases products on this Website, they have a series of rights, which are listed and described below:

A. Right of withdrawal (except for adquisitions of original art pieces). Legal right to cancel a purchase

The user, as consumer and user of this Website, has the right to withdraw from said purchase within 14 calendar days without the need for justification. The withdrawal period will expire 14 calendar days from the day the user or a third party authorised by the user, other than the carrier, acquired material possession of the goods purchased on this Website or in the event that the goods that make up an order are delivered separately, within 14 calendar days of the day the user or a third party authorised by the user, other than the carrier, acquired the material possession of the last of the goods that made up the same purchase order.

To exercise the right of withdrawal, the user must notify AGNÈS RODON, in the form of a clear and unequivocal statement, their decision to withdraw from the contract, through the contact spaces enabled on this website (basically by writing an email or a letter sent by post). To this end, AGNÈS RODON provides the user with a withdrawal form model that they will find at the end of this document.

To meet the withdrawal period, it is sufficient that the communication from the user that unequivocally expresses the decision to withdraw is sent before the corresponding period expires.

Returns of original artworks

AGNÈS RODON does not accept changes or refunds in acquisitions of original artworks.

If a client receives a damaged work, they should immediately contact AGNÈS RODON through the contact form or the e-mail address agnesrodon@gmail.com, indicating details of their order and including photographs of the damage. In the event that AGNÈS RODON confirms that the original artwork is damaged, the client must repackage it, always in the same protection and packaging conditions used by AGNÈS RODON in the original shipment, including in it both the certificate of authenticity and the delivery note corresponding to the artwork acquired.

AGNÈS RODONS reserves the right to make refunds of the amount of her original artworks upon previous delivery of the original work by the client.

Consequences of withdrawal

In case of withdrawal, AGNÈS RODON will return all payments received to the user, including shipping costs (with the exception of additional costs resulting from a possible choice by them of a delivery method other than the least expensive delivery method offered on this Website) without any undue delay and, in any case, no later than a period of 14 calendar days from the date on which AGNÈS RODON has been informed of the user’s decision to withdraw.

AGNÈS RODON will proceed to make said refund to the user using the same means of payment used by them for the initial purchase transaction. This refund will not imply any additional cost for the user. However, AGNÈS RODON may withhold said refund until the products or items of the purchase have been received, or until the user presents proof of their return, depending on which condition is met first.

The user can return or send the products to AGNÈS RODON at:

Agnès Rodon Galceran, Calle Sagunt, 146 , 08912 Badalona, Spain.

Likewise, the products must be returned using or including all their original packaging, including also the documents that accompany them, as well as a copy of the purchase invoice.

The user is aware that they must bear the direct cost of returning (transport, delivery) the goods if any is incurred. In addition, they will be responsible for the decrease in value of the products resulting from handling other than that necessary to maintain the nature and characteristics of the goods.

In the event that the product has been used beyond the mere opening of it, it is not in the same conditions in which it was delivered or any damage to the product has been generated, AGNÈS RODON reserves the right not to carry out the return procedure and, therefore, not to make any refund.

B. Return of defective products or shipping error

In all those cases in which the user considers that, at the time of delivery, the product does not comply with the provisions of the contract or purchase order, they must contact AGNÈS RODON immediately and notify her of the existing disagreement (defect or error) by the means already indicated or using the contact information provided in the previous section (Right of Withdrawal).

The user will then be informed on 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 time, if the refund or, where applicable, the replacement is appropriate.

The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which AGNÈS RODON sends the user an email confirming that the refund or replacement of the non-compliant item is appropriate.

The amount paid for those products that are returned due to a defect, when it really exists, will be fully refunded, including delivery costs and costs that the user could have incurred to make the return. The refund will be made by the same means of payment that the user used to pay the purchase.

In any case, the rights recognised in the current legislation shall be applied at all times for the user, as a consumer and user.

C. Guarantees

AGNÈS RODON offers the user, as a consumer and user, guarantees on the products she sells through her Website, in the terms legally established for each type of product, responding, therefore, for the lack of conformity with a product that is manifested within two years from the delivery of the product.

The products are understood to be in accordance with the contract provided that:

They conform to the description made on this Website and have the qualities presented on it.
They are suitable for the uses to which products of the same type are ordinarily destined.
They present the usual quality and benefits of a product of the same type that are reasonably expected.

When this is not the case with respect to the products delivered to the user, the user must proceed as indicated in section B. Return of defective products or shipping error. However, some of the products that are marketed on this Website could present non-homogeneous characteristics as long as they derive from the type of material with which they were manufactured, and therefore they will form part of the individual appearance of the product, and they will not be a defect.

LIABILITY AND DISCLAIMER OF LIABILITY

Except for legal provisions stating the contrary, AGNÈS RODON will not accept any responsibility for the following losses, regardless of their origin:

Any losses that were not attributable to any default on her part.
Loss of income or sales.
Loss of business, including loss of earnings, loss of income, loss of contracts, loss of anticipated savings, data loss, loss of goodwill or unnecessary expenses incurred).
Data loss.
Loss of management time or office hours.
Any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the buying and selling of products between both parties was formalised.

Due to the open nature of this Website and the possibility of errors in the storage and transmission of digital information, AGNÈS RODON does not guarantee the accuracy and security of the information transmitted or obtained through this Website unless it is established expressly the opposite on it.

Likewise, AGNÈS RODON also limits her liability in the following cases:

AGNÈS RODON applies all measures concerning providing a faithful display of the product on this Website. However, she does not take responsibility for the minimum differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser used or others of this nature.
AGNÈS RODON will act with the utmost diligence in order to make the product available to the company in charge of transportation. However, she does not take responsibility for damages resulting from transport malfunctioning, especially for causes such as strikes, roadblocks and, in general, any other specific to the sector, resulting in delays, losses or thefts of the product.
Technical failures that, due to fortuitous or other causes, prevent the normal operation of the service through the internet. Lack of availability of this Website for maintenance or other reasons, which prevents the service from being available. AGNÈS RODON puts all the means at her disposal in order to carry out the process of buying, paying and shipping/delivering the products. However, she does not take responsibility for causes not attributable to her, fortuitous event or force majeure.

AGNÈS RODON will not take responsibility for the misuse and/or wear of the products that have been used by the user. Also, AGNÈS RODON will not take responsibility for an erroneous return made by the user. It is the responsibility of the user to return the correct product.

Events beyond our control

AGNÈS RODON will not be responsible for any breach or delay in the fulfilment of any of the obligations assumed, when it is due to events that are beyond her reasonable control, that is, due to Force Majeure, such as:

Strikes, lockouts or other industrial action.
Civil commotion, revolt, invasion of any kind, terrorist attack or threat, war (declared or not) or threat or preparations for war.
Fire, explosion, storm, flood, earthquake, sinking, epidemic, or any other natural disaster.
Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.
Impossibility to use public or private telecommunication systems.
Acts, decrees, legislation, regulations or restrictions of any government or public authority.

The obligations will be suspended during the period in which the Force Majeure Event continues, and AGNÈS RODON will have an extension of the term to fulfil said obligations for a period of time equal to the duration of the Force Majeure Event. AGNÈS RODON will use all reasonable means to end the Force Majeure Event or to find a solution that allows her to fulfil her obligations despite the Force Majeure Event.

WITHDRAWAL FORM MODEL

(Users only have to fill in and send this form if they want to withdraw from the contract.)

To the attention of AGNÈS RODON, with address at Calle Sagun, 146, 08912 Badalona, Spain, and email agnesrodon@gmail.com

I hereby inform you that I withdraw from my sales contract of the following property:

Ordered on:

Received on:

Name of the consumer:

Consumer address:

Consumer signature (only if this form is submitted on paper):

Date: