Terms of service

OVERVIEW

Welcome to illustrArte. The terms "we", "us" and "our" refer to illustrArte. illustrArte operates this shop and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). illustrArte is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, together with all policies referred to in them (the "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.

By viewing, interacting with or using our Services, you agree to be bound by these Terms of Service and by our Privacy Policy and Refund Policy. If you do not accept these Terms of Service or the Privacy Policy, you must not use our Services.

(Policy links)

Refund Policy (returns): https://illustrarte.es/en/policies/refund-policy

Shipping Policy: https://illustrarte.es/en/policies/shipping-policy

SECTION 1: ACCESS AND ACCOUNT

By accepting these Terms of Service, you represent that you are at least 18 years old (the age of majority in Spain) and that you have given us your consent to allow any minor in your care to use the Services. To use the Services, including accessing our online shops or purchasing products, you may be asked to provide certain details (email address, billing address, payment method and shipping address). You represent that all such information is accurate and complete. You are responsible for keeping your account credentials secure and for all activity on your account.

SECTION 2: OUR PRODUCTS

We have made every effort to represent our products and services accurately in our online shops. However, the colours or appearance of a product may differ from how they look on your screen, depending on your device and its settings. We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or be identical to those shown. Descriptions may change without prior notice; we may discontinue products and limit quantities per person, region or jurisdiction.

SECTION 3: ORDERS

When you place an order, you are making an offer to purchase. illustrArte may accept or reject your order. Your order is not accepted until we confirm acceptance and process payment. Please check your order before it is submitted; we may not be able to cancel it once it has been accepted. If an order is not accepted or is modified, we will try to notify you using the contact details you have provided. Your purchases are subject to our Refund Policy (returns).

Consumers have 14 calendar days to withdraw from the purchase, except in the case of personalised products, in accordance with current legislation and our Returns Policy.

SECTION 3A: LEGAL GUARANTEE

Products are covered by the legal guarantee of conformity applicable in Spain. For new goods, the guarantee period is three (3) years from delivery (TRLGDCU). If the product is not in conformity, you may request repair, replacement, a price reduction or termination of the contract, as appropriate.

SECTION 4: PRICES AND BILLING

All prices are shown in euros (EUR) and include VAT. Any applicable additional charges (e.g. shipping) will be shown before you complete your purchase. Prices, discounts and promotions may change without prior notice. The price charged will be the one in force when the order is placed and will appear in the confirmation email. Online prices may differ from those in other channels. You agree to provide current and truthful payment and account information and to keep it up to date.

SECTION 5: SHIPPING AND DELIVERY

Ownership of the products passes upon full payment. The risk of loss or damage passes to the consumer upon physical delivery to the customer or to a third party designated by them (other than the carrier). If the consumer chooses a carrier other than the one offered by us, the risk passes upon delivery to the carrier chosen by the consumer. Delivery times are estimates and are not guaranteed.

SECTION 6: INTELLECTUAL PROPERTY

Our Services and their content (trade marks, text, images, graphics, video, audio, design, etc.) are the property of illustrArte, its affiliates or licensors and are protected by Spanish and European Union copyright and intellectual property laws. You may use the Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works from, publicly display, republish, download, store or transmit any materials without our written consent. illustrArte reserves all rights not expressly granted.

SECTION 7: OPTIONAL TOOLS

We may give you access to third-party tools “as is” and “as available”, without warranties of any kind. You use them at your own risk and subject to those third parties’ terms. Future features will also be subject to these Terms.

SECTION 8: THIRD-PARTY LINKS

The Service may include materials from, or links to, third-party websites. We are not responsible for their content, accuracy or practices. Please review their policies before making any transaction. Claims relating to third-party products must be directed to the third party.

SECTION 9: RELATIONSHIP WITH SHOPIFY

illustrArte uses Shopify technology to provide the Services. However, all sales and purchases are made directly with illustrArte. Shopify is not responsible for sales between you and illustrArte. You release Shopify and its affiliates from any claims arising from your purchases from illustrArte.

SECTION 10: PRIVACY POLICY

Personal information collected through the Services is governed by our Privacy Policy and, where applicable, by Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read them. As our shop is hosted on Shopify, certain information may be transmitted to and processed by Shopify and third parties (including outside your country) in accordance with those policies.

SECTION 11: FEEDBACK

If you submit ideas, reviews or comments (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use them for purposes including operating, improving and promoting the Services. You warrant that you hold the rights to the Feedback and that it complies with these Terms. We may moderate or remove unlawful or offensive Feedback.

SECTION 12: ERRORS, INACCURACIES AND OMISSIONS

There may be errors or inaccuracies (descriptions, prices, promotions, shipping charges, transit times, availability). We reserve the right to correct them, update information or cancel orders if information is inaccurate, at any time and without prior notice.

SECTION 13: PROHIBITED USES

You may not use the Services for unlawful purposes or to infringe the rights of others. Nor may you send malware, harvest other people’s data, engage in spam/phishing, impersonate others or circumvent security measures. We may suspend or close your account in the event of any breach.

SECTION 14: TERMINATION

We may terminate this agreement or your access to the Services at any time. Obligations accrued up to that date will remain in force. Sections which by their nature are intended to survive will continue to apply (intellectual property, warranties, limitation of liability, etc.).

SECTION 15: DISCLAIMER OF WARRANTIES

The Services and products are provided “as is” and “as available”, without warranties of any kind, except those required by law.

SECTION 16: LIMITATION OF LIABILITY

To the extent permitted by law, we shall not be liable for any indirect, special, incidental or consequential damages. Nothing in the foregoing limits the consumer’s non-waivable rights under applicable law.

SECTION 17: INDEMNIFICATION

You agree to indemnify and hold harmless illustrArte (and its suppliers/affiliates) from any claims arising from your breach of these Terms or of the law.

SECTION 18: SEVERABILITY

If any provision is invalid or unenforceable, it will be applied to the extent permitted and the remaining provisions will remain in force.

SECTION 19: WAIVER; ENTIRE AGREEMENT

Failure to exercise a right does not constitute a waiver. These Terms and our policies constitute the entire agreement between you and us.

SECTION 20: ASSIGNMENT

You may not assign this agreement without our consent. We may assign it without your consent.

SECTION 21: GOVERNING LAW AND JURISDICTION

These Terms are governed by Spanish law. For consumers, the courts of the consumer’s place of residence shall have jurisdiction. For professional/business customers, the courts of the city of Madrid.

EU ODR platform: https://ec.europa.eu/consumers/odr

SECTION 22: HEADINGS

Headings are for convenience only and do not affect interpretation.

SECTION 23: CHANGES TO THE TERMS OF SERVICE

We may update these Terms. Your continued use after any changes constitutes acceptance.

SECTION 24: CONTACT INFORMATION

Mozley Consulting S.L. | CIF: B82714866

Avda de Europa 9, 28224 Pozuelo de Alarcón, Madrid, Spain

malena@illustrarte.es | +34 627 541 773

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OVERVIEW

This website is operated by illustrArte. Throughout the site, “we”, “us” and “our” refer to illustrArte. We offer this website and Services to you conditioned upon your acceptance of all terms, conditions and policies stated here.

By visiting our site and/or purchasing from us, you agree to be bound by these Terms of Service (“Terms”), including additional terms and policies referenced here or available by hyperlink.

(Policy links)

Refund Policy: https://illustrarte.es/en/policies/refund-policy

Shipping Policy: https://illustrarte.es/en/policies/shipping-policy

SECTION 1 – ONLINE STORE TERMS

You represent you are at least 18 years old (legal age in Spain) and consent to minors under your responsibility using this site. You must provide accurate account and payment details and keep credentials secure.

SECTION 2 – PRODUCTS

We strive to display products accurately, but colors/appearance may vary by device. Descriptions may change without notice; we may discontinue products and limit quantities.

SECTION 3 – ORDERS

Placing an order is an offer to buy; we may accept or reject it. Your purchases are subject to our Refund Policy. Consumers have a 14-day right of withdrawal except for customised products, under EU law and our policy.

SECTION 3 bis – LEGAL WARRANTY

Products benefit from the legal warranty of conformity under Spanish law. For new goods the period is three (3) years from delivery. If not in conformity, you may request repair, replacement, price reduction or contract termination as appropriate.

SECTION 4 – PRICES & BILLING

All prices are shown in euros (EUR) and include VAT. Any additional charges (e.g., shipping) will be shown before checkout. Prices/promotions may change without notice. You agree to provide current, complete and accurate payment/account information.

SECTION 5 – SHIPPING & DELIVERY

Ownership passes upon full payment. Risk of loss or damage passes to the consumer upon physical delivery to them or a third party indicated by them (other than the carrier). If the consumer selects a carrier different from the one offered by us, risk passes upon delivery to that carrier. Delivery times are estimates only.

SECTION 6 – INTELLECTUAL PROPERTY

SECTION 7 – OPTIONAL TOOLS

Third-party tools may be provided “as is” and “as available”, without warranties. Your use is at your own risk and subject to those third parties’ terms. Future features will also be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

We are not responsible for third-party sites’ content, accuracy or practices. Review their policies before transactions. Claims for third-party products must be directed to the third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

We use Shopify technology to provide the Services. Sales are directly between you and illustrArte. Shopify is not responsible for such sales. You release Shopify and affiliates from claims arising from your transactions with illustrArte.

SECTION 10 – PRIVACY

Personal information is governed by our Privacy Policy and, where applicable, Shopify’s privacy policy. As the store is hosted on Shopify, certain data may be processed by Shopify and third parties (including outside your country) in accordance with those policies.

SECTION 11 – USER CONTENT/COMMENTS

By submitting ideas/reviews (“Comments”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use them for operating, improving and promoting the Services. You warrant you have the rights and that your Comments comply with these Terms. We may moderate or remove unlawful/offensive content.

SECTION 12 – ERRORS, INACCURACIES & OMISSIONS

We may correct errors or inaccuracies (descriptions, pricing, shipping charges, transit times, availability) and update information or cancel orders at any time without notice.

SECTION 13 – PROHIBITED USES

No unlawful use, IP infringement, malware, data scraping, spam/phishing, impersonation, or security circumvention. We may suspend or terminate access for violations.

SECTION 14 – TERMINATION

We may terminate access at any time. Obligations accrued up to termination survive. Sections that by nature survive will continue to apply.

SECTION 15 – DISCLAIMER OF WARRANTIES

Services and products are provided “as is” and “as available”, without warranties to the extent permitted by law.

SECTION 16 – LIMITATION OF LIABILITY

To the extent permitted by law, we shall not be liable for indirect, special, incidental or consequential damages. Nothing herein limits consumers’ non-waivable statutory rights.

SECTION 17 – INDEMNIFICATION

You agree to indemnify and hold harmless illustrArte (and providers/affiliates) from claims arising out of your breach of these Terms or law.

SECTION 18 – GOVERNING LAW & JURISDICTION

These Terms are governed by Spanish law. For consumers, jurisdiction lies with the courts of the consumer’s domicile. For business clients, the courts of Madrid, Spain.

EU ODR platform: https://ec.europa.eu/consumers/odr

SECTION 19 – CHANGES

We may update these Terms; continued use after changes constitutes acceptance.

SECTION 20 – CONTACT

Mozley Consulting S.L. | CIF: B82714866

Avda de Europa 9, 28224 Pozuelo de Alarcón, Madrid, Spain

malena@illustrarte.es | +34 627 541 773