DIVUSART - GENERAL SALES CONDITIONS

GENERAL SALES CONDITIONS

1 - Identification
2 - Activity
3 - Contents and Information of the Website
4 - Sales System
5 - Methods of Payment
6 - Shipping Costs, Delivery Dates and Timetable
7 - Applicable Tax
8 - Validity of the Offer
9 - Customer’s Obligations
10 - Article Return Policy
11 - Language
12 - Applicable Law and Jurisdiction

These General Sales Conditions expressly regulate the relationship between Divusart S.A. and the customer (hereinafter referred to as the ‘Customer’) who acquires the Contemporary Antique handmade creations and reproductions to the public at www.divusart.com, a domain name whose sole proprietor is Divusart S.A.

The purchase of such goods implies the express and unconditional acceptance of these General Sales Conditions by both parties.

1 - Identification

The website www.divusart.com is a business unit belonging to Divusart S.A., society legally constituted in Spain, with Fiscal Identification Number A-53890711, whose registered office is in Calle Poeta Miguel Hernández number 3, 4th floor, Elche 03201 (Alicante), registered in the Registro Mercantil of Alicante, Tomo 2798 Libro 0 Folio 155 Hoja A-84646 Inscripción 1ª.

Communications shall be made to the said registered office, to the Customer Department Service, by e-mail customer@divusart.com, by phone +34 965 438 539, Monday to Friday 8 a.m. to 8 p.m., or by fax number +34 966 007 026.

2 - Activity

Divusart S.A. is the owner of the Contemporary Antique Gallery contained in the website www.divusart.com, an artistic and cultural place which has, since 2006, the mission to promote, distribute and commercialize all around the world authentic Master Works, unique and numbered, which are original, exclusive, individualized, that possess beautiful timeless aesthetics, that are technically perfect and culturally, historically and artistically interesting and valuable.

3 - Contents and Information of the Website

Divusart S.A. reserves the right to make changes to these General Sales Conditions, in line with developments in the Law and with the proper and diligent developments of Divusart’s S.A. internal procedures. Please check them from time to time to ensure you are always aware of our commercial practices.

Divusart S.A. will make all necessary effort to offer truthful information and to avoid misprints on its webpage. Should misprints appear, Divusart S.A. shall immediately correct them.

Should there be any error regarding the prices of the products and the Customer has purchased the product based on such error, Divusart S.A. shall communicate to the Customer such error and the Customer shall have the right to cancel the purchase without cost on his behalf.

The contents of the website www.divusart.com could, in some cases, show provisional information about certain products. Where the given information does not correspond to the product description, the Customer shall have the right to cancel the purchase without cost on his behalf.

All products are in stock for their immediate shipping. However, due to our strict quality controls and the fact that the all the items are handmade, Divusart S.A. may be obliged, under certain circumstances, to wait for the item to be delivered by the suppliers. In the event the Customer has already instigated payment, and the item is not available for its immediate shipping, Divusart S.A. shall inform the Customer about the delay so he may decide whether he wishes to be included in a waiting list or cancel the purchase.

Due to the fact the items are handcrafted and the series are limited, there are articles that shall not be produced once the series is complete. Once the item is out-of-stock, the words “SOLD OUT” will appear next to the image of the product.

4 - Sales System

The Customer may choose between different ways to buy at www.divusart.com:
• By Internet on our website: http://www.divusart.com (24 hours a day and 7 days a week).
• Phoning the Customer Department: +34 965 438 539, Monday to Friday 8 am to 8pm (GMT).
• By Fax number +34 966 007 026
• By e-mail info@divusart.com.

5 - Methods of Payment

Payment on line by PayPal: When you purchase online our products on our website, you can pay through PayPal. For this purpose, we have integrated in our website this method of payment in view of the security warranties that offers.
PayPal allows you to pay online using:
- Credit/debit card (visa, MasterCard, American express, Amazon, etc)
- Bank transfer

In the case of you choose to pay by bank transfer, you must be registered at PayPal and you must accept their terms and conditions. We invite you to visit the website www.paypal.com in order to know how PayPal guarantees your internet transactions.

6 - Shipping Costs, Delivery Dates and Timetable

Divusart S.A. sends the orders to its customers by means of different courier companies of renown at a national and international level and ordinary Post. Delivery date at the Customer’s domicile shall depend on the availability of the chosen article and the delivery zone.

Shipping costs and delivery dates will be duly communicated to the Customer once the order is made.

Divusart S.A. shall inform the Customer about any variation of the delivery dates.

7 - Applicable Tax

Prices of the articles exhibited at www.divusart.com do not include the V.A.T. (Value Added Tax) that may be applicable.

Residents in European Member Countries
Purchases that are delivered to residents in European Member Countries are subject to V.A.T.

Residents in non-European Member Countries
Purchases that are delivered to residents in European Member Countries are exempt of V.A.T. Due to a special fiscal regime, purchases made by residents in the territories of Canary Islands, Ceuta an Melilla are also exempted from V.A.T.

Import Tariffs
Prices indicated in the transport expenses do not include import tariffs that must be paid cash by the addressee at the reception of the goods.

8 - Validity of the Offer

Prices and tariffs of the shipping costs are valid and remain in force only during the time the Customer is browsing our website.

9 - Customer’s Obligations

The Customer shall accept all the clauses of these General Sales Conditions, understanding they contain the intention to offer the best possible service for the type of activity developed by www.divusart.com.

The Customer shall make possible the delivery of the requested goods providing a delivery address to which the order may be delivered within the generally acceptable delivery timetable (Monday to Friday 10am- 1pm and 4pm-6pm). Should the Customer breach this obligation, www.divusart.com shall not be held responsible for the delay or the impossibility of delivery of the requested order.

10 - Article Return Policy

The Customer may cancel the order at any time and without incurring in any expense as long as such cancellation is communicated to Divusart S.A. before the order of delivery has been given to the transport agent.

Right of Withdrawal
The Customer may cancel the contract and return the purchased article within a maximum period of twenty (20) natural days from receipt of the goods.

The right of withdrawal will not be subject to any formalities and any legally admissible form will be sufficient. Notwithstanding, and to the sole purpose of speeding up the procedure, the customer shall communicate the Divusart’s Customer Department his intention of exercising his right of withdrawal of the contract, by e-mail customer@divusart.com; or by phone +34 965 438 539, where the specific steps to be taken to return the article shall be indicated.

To make a return, goods shall be returned to Divusart S.A. by means of the same courier that shipped the order together with the delivery note and, where appropriate, the invoice enclosing the withdrawal document filled in by the Customer. The risk of loss or damage of the goods to which the withdrawal is referred to shall be that of the Customer until delivery of the goods is made to Divusart S.A.

Free withdrawal of the returned order shall not be applicable when Divusart S.A. notices an abusive exercise of the right of withdrawal of bad faith by the Customer.

Exemptions to the Right of Withdrawal
The right of withdrawal shall not be applicable in the cases in which the article is produced to the Customer’s specifications or clearly personalized, such as the Contemporary Fayum Portraits.

Refund
Once the article is returned, Divusart S.A. shall refund the amount of the purchase (taxes and expenses excluded) by charge of the amount due in the Customer’s credit card, bank transfer to the account indicated by the client or by cheque sent to the address indicated by the Customer within a maximum period of thirty (30) days after the reception of the product in good condition by Divusart S.A.

Erroneous Products and Defective Products
If Divusart S.A. delivers a product different to the one ordered by the Customer, this product shall be replaced by the correct product without any additional charge for the Customer, so long as such error is communicated by the Customer to the transport agent at the moment the product is delivered.

If the delivered product is defective, Divusart S.A. shall substitute the same as long as the Customer manifests the existence of such defect to the transport agent at the moment the product is delivered or, to Divusart S.A. within a maximum period of 24 hours.

Customer Service Department
Any incident relating to the return of products, the Customer may contact our Customer Service Department, by e-mail: customer@divusart.com; or phoning +34 685 397 578, Monday to Friday 8am. to 8pm. (GMT).

11 - Language

The complete text of these General Sales Conditions and the attached documents has been established in Spanish and English, being both the official languages of the contract. In the event of disputes arising from this contract, the Spanish version will prevail.

12- Applicable Law and Jurisdiction

All the clauses contained in these General Sales Conditions and the commercial transactions that take place in www.divusart.com shall be governed by the Laws of Spain.

Any dispute arising from the validity, interpretation or fulfilment of these General Sales Conditions or the purchase of goods at www.divusart.com shall be submitted to the jurisdiction of the Courts and Tribunals of Alicante, Spain, waiving any other jurisdiction the parties would be entitled to, without prejudice of the application of the existing Laws to consumers domiciled in a country member of the European Union (EU) or the European Free Trade Association (EFTA).