1. General conditions.
The terms set out in this document are the conditions that will govern the purchase/sale relationship between the online shop of the Museo Nacional del Prado Difusión, S.A.U., with address at c/ Felipe IV, 8, Madrid, 28013, and Fiscal Identification Number: ESA84888056, under the Internet domain name www.tiendaprado.com, (domain registered in the name of this Company at the Company Registry of Madrid: Registered at the Company Registry of Madrid. Volume 23.578, Page 74, Section 8, Sheet M-42309) (hereinafter the "Seller") and the Buyer. The Seller explicitly refuses to be governed by other conditions relating to the orders made by the Buyer that do not conform to the conditions set out in this document. The acceptance of these conditions by the Buyer shall be regulated by:
(a) The acceptance of these conditions online when making a purchase by clicking on the button assigned for this purpose, which contains the text "I have read and accept the conditions of sale" If the Buyer does not click on this button, he/she will not be able to continue with the purchase.
(b) Alternatively, the signing by the Buyer of a copy of this document that has been sent to him/her.
(c) Alternatively, and implicitly with the reception by the Buyer of the goods he/she has ordered.
No changes may be made to these conditions without the express written consent of both parties.
2. Products offered for sale and prices
(a) The product is offered for sale in perfect conditions of use, just as it is offered to the Seller by its original producer, unless due to the particular artistic or handicraft nature of the product or any other characteristic expressly indicated in the information provided about the product there are reasons that prevent this.
(b) The price of the product is indicated in the fact sheet on the product, and under no circumstances includes shipping or packaging costs. The shipping costs charged for each order include packaging costs.
(c) Prices include Spanish sales taxes, but do not include other local taxes or costs arising from the importing of the product by the Buyer into any other country. The Buyer declares that he/she is aware of this and of the specific conditions applying in the country to which the order he/she has made will be sent, and accepts the payment of said taxes and costs to the authorities or intermediaries that may demand them separately from the total amount paid on the sales transaction entered into with the Seller.
(d) The prices indicated for the products and services only include those relating to the purchase of the specific good or service on offer and under no circumstances include the rights to industrial property, intellectual property (reproduction, public broadcasting, etc...) or copyright on these or other works on which they may be based.
3. Payment Conditions
The Seller will only consider as firm sales those sales for which payment has been made by the Buyer prior to dispatch and reception by way of one of the methods of payment offered for this purpose.
4. Shipment, conditions in the event of loss or damage
For each order the Buyer pays the total price of the goods ordered and shipping and packaging costs that include the insurance offered by the shipping company. In the event of loss or damage the Buyer may be entitled to compensation. Said compensation will be subject to the Buyer making the relevant claim to the Seller, and the Seller making a claim to the company responsible for shipping, and will only be effective in the event of a response from said company accepting responsibility for this loss or damage and once payment of compensation has actually been made by said company, in accordance with the conditions of the insurance included in their services. The Seller will inform the Buyer on request as to the conditions of the loss insurance applicable on each of the various shipping options on offer. In any case, the Buyer accepts these conditions.
The Seller will do everything possible to meet the dispatch and delivery times indicated on this website for each country. Nonetheless the Buyer accepts that all these shipping times are just an approximate indication and may vary according to the specific circumstance of the size of the order, the destination, the particular circumstances of the company responsible for shipping and delivery (including negligence on the part of said company), and other reasons beyond the control of the Seller.
Custom taxes, sales taxes, VAT, etc... and other charges might be applied upon arrival to the country of destination if outside the EU.
In the event of the Seller accepting the return of goods by the Buyer, this will be subject to the dispatch of the goods to the Seller at the Buyer's risk and expense, and then to the assessment and approval by the Seller of the reasons given by the Buyer for returning the goods. For this purpose and only in the event of returns due to defects in the manufacture of the product(s), the Buyer must inform the Seller to this effect within 15 days after the receipt of the product. Returns will only be accepted if in addition to the conditions already described, the product(s) being returned are clean, with no signs of wear due to use and are accompanied by their original packaging and/or accessories. The shipping costs for the products returned by the Buyer to the Seller, and any possible customs duties, sales duties or any other costs arising will be to the account of the Buyer.
The confiscation by third parties, destruction or impairment of the products purchased by the Buyer subsequent to them being dispatched by the Seller and for reasons beyond the control of the Seller will be subject to the insurance conditions applicable for the particular dispatch method selected, and under no circumstances may the Seller be held responsible for this situation.
All sales are final and may not be cancelled once payment by credit card has been made.
If the Buyer wishes to cancel an order after this stage, and should the Seller accept this cancellation, the Seller will charge the Buyer a cancellation charge of 5% of the total for the order and any shipment, customs, packaging and similar costs that may have been caused by this cancellation.
Any typing or spelling mistakes in this document will not affect the validity thereof.
11. Applicable laws
This agreement is subject to the laws of the Kingdom of Spain and to the Courts of Madrid (Spain). By virtue hereof the Buyer accepts this jurisdiction as the only competent jurisdiction for litigation or claims arising from the present document.
9. Limitation of responsibility.
(a) The Seller will not be subject to any claims for loss, delays or damage to the products caused by force majeure or by causes beyond the effective control of the Seller including but not limited to delays caused by the shipping company, strikes, fire, terrorist attacks, wars or earthquakes.
(b) The liability of the Seller for breach or in relation to this document will be limited to the repair or replacement of the products that have been shown to be defective, or in the event of repair or replacement being impossible, or by decision of the Seller, the refund of the purchase price of said products. In no case may the Seller be held liable for the purchase of a replacement product or for repair costs incurred by the Buyer. In the same way the Seller will not be liable for other harm or damage caused to the Buyer or to third parties, including but not limited to loss of earnings among other things.
10. Substitutions and modifications
The Seller may substitute or change the characteristics of the products on offer providing that these changes do not affect the product characteristics described in the fact sheet for each product or their original function and performance