Purchase Conditions
Introduction
Arkartola LTD puts at your disposal an online purchase service that will allow you to purchase the products available on the website www.artolacouture.com (hereinafter the “website”) whatever the application, digital medium, support or device through which it is accessed.
This document establishes the terms and conditions governing the use of this website and the purchase of products on it. We invite you to review this document, as well as our Privacy and Cookies Policy, before using the website. By using this website or placing an order through it you consent to be bound by these Conditions and by our Privacy and Cookies Policy, so if you do not agree with all its content, you should not use this website.
These conditions will have an indefinite period of validity and will be applicable to all purchases made through this website.
We reserve the right to modify the terms and conditions unilaterally and without prior notice. The introduced modifications will not be retroactive.
To fully guarantee the rights of consumers and users, these General Conditions are established in accordance with the provisions of the Spanish law, and in particular in Law 7/1998 of 13 April on General Contracting Conditions, Law 7/1996 of 15 January on the Regulation of Retail Trade, Civil Code, 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 applicable laws and their regulations.
The language of reference of this contractual document shall be the one used to make the purchase on the website. These conditions were originally written in Spanish and may be translated into other languages. In the event of a dispute between the translated and the original Spanish versions, the latter shall prevail.
If you have any questions about this, you can contact us at info@artolacouture.com.
Our details
The sale of items through this website is carried out under the name Artôla by:
- Arkartola, Limited Company
- Tax ID: B44.766.459
- Tax residence: Calle Oriamendia Auzoa, 5, 3B, 20120 Hernani (Gipuzkoa).
Use of our website
Access and use of this website by users does not imply any obligation on the quality and speed of access by Arkartola LTD, which may modify the conditions of access or suspend it without prior notice, not being responsible for the consequences, damages and losses caused by such modifications.
The hardware and software necessary to be able to buy through the web will be at the user’s expense. Arkartola LTD shall not be responsible for any anomaly, malfunction, deterioration, erasure of data or software that occurs in the equipment or systems of the users, as a direct or indirect consequence of access or attempt to access the web.
By using this website you agree to:
- Provide us with your email address, mailing address and/or other contact details truthfully and accurately. Also, you consent to us being able to contact you if necessary regarding the use of said information.
- Use it only for legally valid inquiries or orders.
- Not place any false or fraudulent orders. If it could reasonably be considered that an order of this nature has been made, we will be authorized to cancel it and inform the relevant authorities.
The articles on the website are accompanied by their name, reference, picture, description, available sizes and colours, and price. Arkartola LTD makes the necessary effort to ensure that this information is complete, truthful and correct. If there are any errors in it, Arkartola LTD will proceed to its immediate correction. If you make a purchase decision based on any erroneous data, Arkartola LTD will notify you of the mistake and you will have the right to terminate your purchase at no cost to you.
However, the colour of the images may be subject to slight variations depending on the quality of the device used. In this sense, Arkartola LTD cannot guarantee that the colours that appear on your screen faithfully conform to reality.
How to place an order
By placing an order on this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.
You can place an order through your user account or as a guest without registering.
To create a user account, you must freely and voluntarily provide the personal data that will be required and you must accept these general terms and conditions. Registration on the website implies being able to access certain areas with restricted access for users, and you may purchase products that will be offered through this website.
The user will select a username (their email) and a password, which they can change at any time through the procedures established for this purpose. When you create a new password, the replaced password shall no longer be valid to identify you as a user.
In the event that you detect that there has been an error when entering your personal data during your registration as a user of this website, you can modify it in the “My Account” section or communicate it to info@artolacouture.com.
The User undertakes to:
- Make diligent use of the established username and password, and not make them available to third parties.
- Communicate to Arkartola LTD the loss or theft of these or the possible access by an unauthorized third party, to proceed with its immediate blocking.
- Ensure the confidentiality of your username and password. Arkartola LTD is exempt from any liability that may arise from incorrect use or negligence by the user in compliance with its obligation of confidentiality.
Arkartola LTD reserves the right to:
- Block or cancel access to users who maintain debit or unpaid balances, as well as access to users who perform fraudulent acts or in bad faith of the service provided through the website.
- Block access and use of the website when deemed necessary for security reasons.
- Hold users responsible for any misuse of the website that causes damage or harm to third parties.
- Hold users responsible for viruses, malware or computer programs that may enter, generate, host on the website, and deteriorate or may deteriorate both the contents and the proper functioning of the website, as well as the equipment, systems and programs of the users of the website and/or third parties and/or Arkartola LTD.
- Arkartola LTD shall be entitled to redirect claims, compensation payments, fines or administrative sanctions to the users of this website when said claims, payments, fines or sanctions are the result of improper use of this website.
The purchase process is as follows:
- Select the items you are interested in and add them to the basket. Continue shopping or proceed to checkout.
- Check the shopping cart. In it, you can see the reference of the selected item, its name, size, chosen colour, price (taxes included), and shipping costs.
- Enter the required personal data if you are buying as a guest (in the case of having a user account it will not be necessary). This data is necessary to process your order
- Choose a payment method.
- Place your order
- After payment confirmation, we will send you an automatic order confirmation email to the address indicated by the user. Failure to receive this message may be due to a temporary communications problem in the network or a typing error in the provided email address. In the same way, the user will get conformation by email that the product has been sent.
If you have any question or problem, you can contact us at info@artolacouture.com
Product availability
All product orders are subject to availability. If there are difficulties in the supply of products or if there are no items in stock, we will refund any amount you may have paid.
Delivery
Orders will be delivered to the address designated by the buyer.
Arkartola LTD assumes no responsibility if the delivery of the product does not take place as a result of the data provided by the user being false, inaccurate or incomplete, or when the delivery cannot be made due to causes beyond the control of the shipping company.
The estimated delivery time can range from 2 to 4 weeks. However, there are circumstances arising from the customization of the products, their artisanal process, or unforeseen or extraordinary circumstances that may affect the delivery date. In these cases, Arkartola LTD will inform you of this circumstance, and you may decide whether to proceed with your purchase with the new delivery date that we communicate to you, or if you prefer to terminate it with a full refund of the paid price.
For orders that include multiple items, a single shipment will be made and the delivery time will correspond to the item with the longest delivery time.
Delivery is deemed to have been made from the moment the carrier delivers the product to the acquiring Customer or to a third party indicated by them.
The recipient must verify the condition of the products upon receipt of the same and indicate all the reservations and claims that may correspond before the removal of the labeling or opening of the packaging of the purchased product.
In case of receiving a product damaged by transport, it is advisable to contact us within the first 6 hours to be able to claim the incident to the delivery company. In the same way, it is advisable to inform the delivery company.
If on any occasion, by mistake, you receive an item that you have not ordered, please communicate it to info@artolacouture.com
Price and payment
The prices on this website are shown in Euros and include VAT. The prices shown on the website do not include:
- Customs fees, taxes and duties. Orders shipped outside Spain may be subject to customs fees and/or duties and import charges once a shipment reaches the destination country. The user is solely responsible for any additional fees at customs clearance; Arkartola LTD does not exercise any control over those charges nor can it predict what or how they will be.
Prices will be exclusive for online sale. Arkartola LTD reserves the right to change prices at any time, but possible changes will not affect orders already placed.
In case of an error in the price, we will inform you as soon as possible and you will have the possibility to confirm your order at the correct price or cancel it. If we are unable to notify you of this error, the order will be considered cancelled and you will be refunded the paid price in full. Under no circumstances shall Arkartola LTD be obliged to supply you with the product(s) at the incorrect lower price (even if we have sent you the Shipping Confirmation).
Any payment made will entail the issuance of an invoice in the user’s name. The invoice will be sent with your order.
You can use Visa, Mastercard, American Express, as well as Apple Pay, Google Pay and PayPal as a means of payment. In case of payment by card, the charge will be made in real time through the payment gateway of the corresponding financial institution, once it has been verified that the communicated data is correct. If the financial institution does not authorize the payment, we will not be responsible for any delays or non-delivery
You will be asked to enter your credit card information alongside some personal data sucha as your name and surname or your ID number.
Returns policy
All our garments are made to order. Due to this, orders on request cannot be returned, exchanged or refunded once the preparation has begun, except in certain circumstances.
Therefore, the circumstances in which the return of a garment is accepted are limited to the fact that it can only be carried out in cases in which the garments do not correspond to those requested or when they have a manufacturing defect.
If you feel that your garment does not meet the promised specifications, please contact us via info@artolacouture.com. Once the claim is received, we will assess the case and if the return is approved, the garment will have to be received at our headquarters within 15 days. Once you have received the package and inspected the garment (and approved the return), you will be entitled to a refund within 15 days.
Size adjustments
In case a size adjustment has to be made, please contact us via email, specify the measurements you would need to adjust and send us the garment at no additional cost, so that we can make the necessary adjustments.
In no case will the size adjustment entail an additional cost for the customer.
Returns of defective products
In the event that you consider that at the time of delivery the product does not comply with the provisions of the contract, you must contact us immediately through our contact channels providing the product data as well as the damage it has suffered.
You can return the product by delivering it to a courier that we will send to the address you indicate for its collection.
We will carefully examine the returned product and will notify you via e-mail within a reasonable time if a refund or replacement is appropriate. The price will be refunded or the item will be replaced as soon as possible, and in any case, within 14 days of the date of the reception of the e-mail.
Personal data protection
You can read the processing of the data provided to make the online purchase in the Privacy Policy document included on our website.
Liability and disclaimer
Unless expressly provided otherwise in these Conditions, our liability in relation to any product purchased on our website will be strictly limited to the purchase price of said product.
Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through this website, unless expressly stated otherwise.
Industrial and intellectual property
You acknowledge and agree that all copyright, trademark and those other intellectual property rights relating to material or content included as part of this web page belongs at all times to Arkartola LTD or to those authorised licensees for its use. You may use such material only as expressly authorized by us or our licensors. This will not impede you from using the webpage in the necessary way in order to copy information relating to you order or contact details.
Links from our website
In the event that our website containes links to other third-party websites, those links are provided for informational purposes only, without us having any control over the content of such websites. Therefore, Arkartola LTD assumes no responsibility for any damage or loss arising from their use.
Arkartola LTD reserves the right to remove any link as soon as it becomes aware of the illegality of its content or that it damages the property or rights of third parties.
Links or hyperlinks incorporated by third parties into their websites, and directed to this website, shall be designed to open the complete website, with it being prohibited to make, directly or indirectly, any false, inaccurate or confusing statements, or to engage in unfair or illegal actions against Arkartola LTD.
Events outside our control
Arkartola LTD will not be responsible for any breach or delay in the fulfilment of any of our assumed obligations, when it is due to events that are beyond our reasonable control (“Force Majeure”)
By way of example, and without limitation, Force Majeure, among others, may be: strikes, lockouts, civil commotion, invasion, war or terrorist attack, explosion, fire, natural disaster, etc.
Nullity
The declaration of any of these stipulations as null, invalid or ineffective, in whole or in part, will not affect the validity or effectiveness of the remaining ones, which will remain binding on Arkartola LTD and the user.
The waiver by either party of any right to require the performance at any given time of any of the obligations set forth herein shall not imply a general waiver nor shall it give rise to an acquired right for the other party.
Applicable law and jurisdiction
The use of this website and purchases made through it, will be governed by the Spanish law.
In the event of any conflict or discrepancy, the applicable jurisdiction shall be that of the Courts or Tribunals of the buyer.
Annex. Model return form (if applicable)
Complete and return this form only if you wish to withdraw from the contract
For the attention of Arkartola S.L., with address at calle Oriamendia Auzoa, nº, 5, 3B – 20120 Hernani (Gipuzkoa), Spain, and email info@artolacouture.com
I/we hereby inform you that I/we withdraw from the contract of sale of the following property:
- Ordered on/received on:
- Customer’s name:
- Residence of the customer:
Customer’s signature (only if this form is presented on paper)
Date:
