Article 1.  FIELD OF APPLICATION

General conditions of sale listed below (hereinafter designated «General conditions»), govern the contractual relations between all users of the website juliobarcena.com (hereinafter referred to as a «user» or «You») and taught commercial Julio Bárcena with ID 07234584A and resident in Barcelona (hereinafter referred to as «Julio Bárcena»).

These conditions General of sale are the only applicable and replaced to all the conditions, except repeal prior, deliberate and written. Julio Bárcena can be obligated promptly to modify some of the provisions of its general conditions, it is therefore necessary that these be read before each visit to the site Julio Bárcena.com (hereinafter referred to as the «site»). These modifications are opposable starting from their setting on line (the date of online publication appearing at the end of these terms and conditions) and does not apply to contracts concluded previously. Every purchase on the site is regulated by the General conditions applicable to the date of the order. By validating your order, you accept without reservation the General conditions after having them read. By accessing the site, you agree to respect these conditions.

Is accurate that the present conditions regulate the sales of them photographs and pictures of July Bárcena on the site.

Article 2.  USE OF THE SITE

To use the site, you must be at least 18 years old, be legally able to contract and use this site in accordance with these general conditions. You guarantee the veracity and the accuracy of the information provided by you same in this site.

July Bárcena is book the law of void or of reject all order of a customer with which would exist a litigation relative to the payment of an order prior.

The site is available in Spanish and English. The language of the site is depending on the language of your browser’s internet. If the language of your browser of internet not is an of the 2 languages of above, the language of the site will be the English. You can change the choice of language in the initial page of the site.

1) essential characteristics of the products

Products sold on the site are art photographs numbered in limited series, pictures and Julio Bárcena gift vouchers.

The photographs is proposed in one or more formats and stands, according to the agreements signed between the photographer or their representatives and July Bárcena. The photographs are accompanied by a biography of the artist and a certificate of authenticity in English.

The prices are indicated not have them taxes included. The currency in which prices are indicated varies according to the country where he consults the site: Euros for the countries of the euro zone, CHF for Switzerland, GBP for the United Kingdom, USD for us. UU, Euros for other countries.

In the case of delivery to a country other than the Metropolitan Spain, you are the importer of the works in question. For all works issued outside EU customs duties or other local taxes or import duties or taxes of the State are susceptible to be enforceable.

These rights and sums do not concern the competence of July Bárcena. These will be in charge and will depend on its full responsibility in terms of declarations and payments to the authorities and competent bodies in your country. We advise you to discuss these issues with their local authorities.

July Bárcena is reserve the right to modify its prices at any time. Them works will be invoiced on the base of the rates in force in the moment of the registration of them orders, low book of availability.
The works remain in the property of July Bárcena until the payment full of the price indicated.

(2) make an order

To place an order, you must at least go through the following stages:

• Consultation on the card featuring a photograph. In this screen you can choose the format and the support among those proposed for this photo. Indicated the State of stocks (in stock / available in a few days / in pre-order available within 1 month / exhausted). You must press «Add to cart» to add this item to your basket.
• Screen «Basket»: you have the possibility to delete an article or change the quantities ordered.
• Screens of identification or of creation of an account customer
• The shipping method selection screen. This screen will be proposed a link to modify your ordered items.
• Summary screen and choice of payment. This screen allows you to choose your payment method and check the different elements that constitute your order (items, quantity, mode of shipment, total price). You must ensure is that all these elements are conforming to your order. Thanks to the links on this screen, you have the possibility to modify your order.
• You must then accept the present general conditions of sale and use of the site to proceed to the payment stage. The conditions are available for reading and printing from the link entitled ‘ conditions General of sale». Its acceptance is ago as being the box next to the link to these conditions.
• You pay your order by the method of payment chosen
• The contract is concluded at the moment in which the bank confirms your payment.
• The site sends you a confirmation of your order by email in the minutes that follow.

(3) modes of payment

Several forms of payment you are proposed to make the payment of your order in the site:

• Card of credit, card virtual, Visa and Mastercard.
• Bank transfer (EU orders only)

• Paypal

(4) security of the payments

The data bank of the user are encrypted (technology SSL, Secure Socket Layer). These do not circulate clearly on the internet and they can not be intercepted.

Your bank details (credit card number, expiration date…) are not communicated to Julio Bárcena.

5) test

The data recorded by the website constitute proof of Assembly transactions made between the site and its clients.
The data recorded by the system of payment Cybermut of Crédit Mutuel constitutes the proof of the financial transactions.

6) delivery

Processing of orders

The orders placed before 11 am (GMT+1h), Monday through Friday, except holidays, are issued on the afternoon of the same day (for photographs indicated «in stock»). In other cases, the orders are issued on the afternoon of the following working day.

The set of works ordered is sent in a requested only.

The works marked as ‘ available in X days» will be issued X days later on average.
The works in «pre-order» will be issued as soon as they are officially sold.
The works marked as ‘sold out’ can not already be ordered.

Address of the delivery

Julio Bárcena delivered in Spain and in 24 countries (Germany, Belgium, Cyprus, Denmark, Spain, Estonia, Finland, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Czech Republic, United Kingdom, Slovakia, Slovenia, Sweden, Switzerland).

Delivered in another country: on request
The delivery will be effected in the address of delivery that you there will be validated in the time of the asked as the «address of it delivery», can be this address different to it «address of billing».

Change the delivery address after ordering is not often possible for reasons of logistics. You can however contact us, if you want to change it address of delivery, we will study them possibilities depending on your order.

Modes of delivery and deadlines

The possible modes of delivery depends on the quantity, the size of the article (s) request (s) and the country of delivery. If your order contains items of different sizes, it is the size of the largest item to be taken into account. Julio Bárcena reserves the right to the choice of the carrier.

The delivery date depends on the stock, the date of dispatch of the order and the delivery time induced by the mode of delivery.

Delivery of the items «in stock» will be made in the indicative deadlines mentioned, and more within the 15 days following the order, except for reasons of force majeure. Respect for delivery times depends on the carrier. Therefore, no request for compensation, of whatever nature, may be claimed by the customer.

Shipping

Shipping costs vary according to the country and the mode of delivery as well as the number and size of the ordered works. The shipping detail available following this link.

Receipt of order

In the time of the reception of your asked, to you you corresponds open the package to verify the State of the delivery.

If there is a problem, please of return your package to the deliverer stipulating the problem found and of contact to our service to the customer.

The reception of the transported objects eliminates any action against the carrier for breakdown or partial loss if in the next three days, not including holidays, following the day of receipt, the recipient has not reported to the carrier, by extrajudicial Act or by letter recommended its detailed protestación. (art L 133.3 of the code of Commerce).

(7) right of retraction

According to the article L121-20 of the code of the consummation, you has of a right of withdrawal to return the work that not you should be.  This right does not apply to gift vouchers orders or orders made by companies.

For any order on the site, you have a period of 14 calendar days to indicate us your refund request. To do this, please contact our service to the client indicating the return address and you will then have 10 days to return your order to us.
Print the Customer Return Authorisation

• If your order has been delivered by post (Colieco, Colissimo, Chronopost), you may return your order by mail (return to office costs) or bring it to our gallery.
• If your order has been delivered by a carrier, will go to pick up your order. This service will be billed to you at the same price as the initial shipping costs.
• If you have chosen to remove your order in our gallery, you can deliver it in the Gallery, send it to us by post or carrier, its expense.

No shipping against reimbursement will be accepted, regardless of the reason.

Articles returned without their original packaging or incomplete, damaged, deteriorated or soiled by the customer will not be accepted.

July Bárcena you reimbursed the price of them articles returned as well as them cats of shipping initial (them expenses of return are to your charge) in a term of 15 days that continue to the reception by our media, by credit in it has Bank that served for the payment, by check banking or vale of gift, according to the mode of payment used in the time of the order.

HOW TO RETURN AN ITEM

2. FILL IN THE RETURN INVOICE

You will then need to complete the Returns Proforma Invoice, that was received with your order, with all the relevant details This will need to be included in your return to process the refund promptly. If you have lost the Return Proforma Invoice, you may download it by clicking HERE

3. PREPARE THE PACKAGE

Put the items that you wish to return and the return form in the package. Complete 4 copies of the return form: 1 copy must be placed inside the package and the other 3 handed to the courier.

Stick the pre-printed adhesive labels on the outside of the package.

4. SHIPPING FOR RETURN

Returns can be sent through the courier recommended by the Vendor, using the pre-printed label and following the instructions enclosed in the package. If you decide to use a different courier to the one indicated by the Vendor, you will have to pay for the cost of return shipping upfront and you will be responsible in case of loss or damage to the products during transport.

The returned items must be picked up by the courier within 30 days if from the Spain or 45 days if outside Spain from the date when you submitted the return authorization form.

5. REFUND

After the Vendor has received the returned products and checked that all the requirements have been met, you will receive an email confirming acceptance. Whatever the form of payment you used (credit/debit card or cash on delivery), the refund procedure will start as soon as possible, at least within fourteen (14) days from when the Vendor was informed of your decision to exercise your right to return the purchased products and once the Vendor has checked that the return was carried out in compliance with the above conditions.

The time period for refunding the amount you paid for purchasing the returned products depends on the payment type used:

The refund method will follow the payment method:

CREDIT CARD PAYMENT: The refund will be made on the same credit card use for the purchase; the necessary refund time depends on your bank. Remember that the value date for the credit will coincide with the date of the original payment; therefore you will not suffer any interest loss;

PAYPAL PAYMENT: The refund will be visible on your PayPal account within 14 days of receiving the email confirming the refund. Repayment to the credit card you use with your PayPal account depends on the credit card issuer.

You will receive your refund within 14 working days from the date your return is received at our warehouse. An email notification will be sent once your refund has been processed. For orders cancelled prior to shipment, the refund will be made within 3 working days of the acceptance of the request.

If your order has been shipped outside EU, the taxes and customs duty cannot be refunded by us: you can contact your local Customs Office, they might help you recover those costs.

6. FAULTY ITEMS

If you have any questions or complaints about the product, please contact us by email.

• We would encourage you to report any faults as soon as possible (please note, if you do not report the fault within this time frame your legal rights set out below will remain unaffected).

(8) law of return

In the case in that the works received not are conforming to the order, you has of a right of return. In that case, please contact our service to the client indicating the direction and modalities of return.

Julio Bárcena will be the exchange of damaged item, in the limit of the available stock. In the event that an item is no longer available, Julio Bárcena will propose you to choose another item of an equivalent amount.

In the case of the exercise of the right of return and only in this case, return and new shipping expenses are in charge of Julio Bárcena.

(9) the customer service and claims

For any information or question, you can contact our service to the customer by email or by phone (from Spain) to the + 34 619 515 979
Us will be delighted of give you all the information that you want on our works and their order.

Article 3.  FORCE MAJEURE

In application of the article 1148 of the code Civil, July Bárcena not may be responsible or considered as having committing a lack in the treatment of his record, if all delay or all breach is of a case of force more.

Article 4.  PROTECTION OF PERSONAL DATA
The automated treatment of personal information has been declared to the National Commission on Informatics and freedoms under number 1280165.

Depending on your choices at the time of the creation or modification of your account, you may receive offers of our company and our partners. If already not it want to, you can modify these elections in its has client in the site or writing us to the direction of down.

In application of the law computer and freedoms of the 6 of January of 1978, you has of a right of access, of modification, correction and suppression of them data that you concern. You can exercise this right by sending a email to [email protected]. You can also consult or modify your data personal in its has customer in July Barcena.com.

Article 5.  RESPONSIBILITIES AND GUARANTEES
July Bárcena is endeavors in ensure it best possible their possibilities, the accuracy and the update of the information diffused in this site, of which is book the right of correct, in any time and without notice, the content. However, Julio Bárcena cannot guarantee the accuracy, precision or completeness of information made available on this site. As a result, Julio Bárcena declines any responsibility for any interruption of the site, any occurrence of bugs, any inaccuracy or omission concerning the information available on the site, all damage resulting from a fraudulent intrusion of a third party that involved a modification of the information made available on the site. This site may contain links to other sites. Julio Bárcena can not be considered as responsible for the problems of access or content of these sites.

Julio Bárcena is not liable for any damage resulting from the use or inability to use the site.

Julio Bárcena will not be in any case responsible for dysfunctions attributable to computer programs, are they built-in or not on the site or provided with it.

Julio Bárcena undertakes to respect all the legal guarantees that you could prevail. Being them works presented on our site compliant to the law Spanish, us not can be considered responsible of the violation of the legislation own to the country of delivery of the work. Therefore, we invite you to have knowledge of the law in force in the country of delivery.

Article 6.  INTELLECTUAL PROPERTY

1) rights in the work

The artist, for having taken the initiative of its creation, is still copyright holder over his creation, according to the French law. The rights of representation and reproduction of the works in the site JulioBarcena.com belong to Julio Bárcena. Joint authorization is required for all the exploitation of these rights. Their rights over the purchased work are then limited to the right to private use, excluding any right of representation and reproduction.

2) intellectual property rights

All them elements present in the site and the site in itself same are protected by the rights of author, right of them marks, them designs and models or any other right of it property intellectual. Elements, we understand not exhaustively: pictures, images, drawings, illustrations, texts, videos, logos, screen savers, wallpapers, brands, models, software… These elements belong to Julio Bárcena or are used with the consent of their owners.

To this respect, any reproduction, representation, use, adaptation, modification, incorporation, translation, commercialization, partial or complete by any method and any format (paper, digital…) are prohibited, without the prior written permission of Julio Bárcena, except the exceptions referred to in article L 122.5 of the intellectual property code, on pain of constituting a crime of counterfeiting of copyright and/or designs and models and/or brand rights , punished with two years of imprisonment and with 152 449,02€ of fine.

Article 7.  LAW APPLICABLE

These conditions are governed by Spanish law. They are available in the language of the site consultation, see art. II. In the hypothesis that litigation was born of this contractual relationship, the user and Julio Bárcena undertake before any legal action to seek a friendly solution. In case of litigation, only the courts Spain will be competent.